41 COR 40-7043 [¶22,306]
EMPLOYER – EMPLOYEE RELATIONSHIP
Labor Code §§ 6303, 6304.1(a) (2014) – The production crew and participants hired by Employer for film shoots were employees, not independent contractors. Employer thus was an employer subject to the Cal/OSH Act and its safety standards covering bloodborne pathogens.
HAZARDOUS SUBSTANCES AND PROCESSES – BLOODBORNE PATHOGENS, EXPOSURE CONTROL PLAN
Cal. Code Regs, tit. 8, § 5193(c)(1) (2014) – The safety order applied to Employer’s industry. Employees were exposed to blood or other potentially infectious materials (OPIM) in the course of their work. Employer failed to establish and implement an effective exposure control plan.
HAZARDOUS SUBSTANCES AND PROCESSES – BLOODBORNE PATHOGENS, UNIVERSAL PRECAUTIONS
Cal. Code Regs, tit. 8, § 5193(d)(1) (2014) – Employer failed to observe universal precautions during its film shoots. Employees were endangered by an existing hazardous condition or circumstance due to exposure to bloodborne pathogens when they had contact with blood or OPIM. However, the ALJ vacated the penalty as duplicative where a single means of abatement would have been effective for violations of §§5193(c)(1) and 5193(d)(1).