SUMMARY OF STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF OCCUPATIONAL SAFETY AND HEALTH, CITATION AND NOTIFICATION OF PENALTY TO: Sunset Cultural Center, Inc.
State of
California
Department of
Industrial Relations
Division of
Occupational Safety and Health
Fremont District
Office
CITATION AND
NOTIFICATION OF PENALTY
To:
Sunset Cultural
Center, Inc. and its successors
P.O. Box 1950
Carmel. CA 93921
Inspection #:
1380281
Inspection Date
(s): 02/22/2019-06/06/2019
Issuance Date:
06/10/2019
Abstract
What was
employee doing just before incident occurred?
EE# 1, a
Production Manager for a community performing arts center, was working by himself
near the back entrance of the stage room. There was to be a musical venue event
later in the evening, and EE#l was moving equipment and allocating space for musicians
to put down their instruments and personal belongings.
What
happened?
The accident
occurred at approx, !2:20PM on 2/16/2019 in Carmel-by-the-Sea, CA. DOSH was
notified by the I-IR Director on 2/20/2019 at 4:57PM, and CSI-10 inspector was
present on location at 1 0:30AM on 2/22/2019. EE#1 had driven a Genie GS-2632 electric
scissor lift from inside the Stage Room out of the building doors, and parked the
vehicle adjacent to an outdoor Air Conditioning unit what was mounted on a 3-inch
concrete square pad. EE#l wanted to temporarily place the vehicle outside so other
musicians can put their belongings near where the vehicle was parked. As it was
windy and started to rain, EE# 1 used a black poly tarp to cover the upper part
of the scissor lift. As EE#l was step down from the scissor lift, his feet
slipped, and he fell on top of one of the four corners of air conditioning unit
that had exposed L-shaped metal posts, resulting in a laceration to EE#l upper
left thigh. EE#l went back in the Stage Room, where two stage technicians aided
him and called for emergency medical services.
What
was the injury or illness?
EE#l sustained
deep laceration to his upper left thigh which required 8 stitches. He was taken
to Community Hospital of Monterey Peninsula at 1:00 PM 2/16/2019 and was
discharged at 5:00PM 2/17/2019.
What
was the object or substance that directly harmed the employee?
The
exposed L-shaped metal support posts around the corners of the air conditioning
unit caused an impalement injury to EE#l.
Victim 1
Injured/Deceased
Name: Gary Brunclik
Citation and
Notification of Penalty
Company Name:
Sunset Cultural Center, Inc.
Citation 1 Item
1 Type of Violation: Regulatory
Title 8 CCR
Section 342( a)
(a) Every
employer shall report immediately by telephone or telegraph to the nearest
District Office of the Division of Occupational Safety and Health any serious
injury or illness, or death, of an employee occurring in a place of employment
or in connection with any employment. Immediately
means as soon as practically possible but not longer than 8 hours after the
employer knows or with diligent inquiry would have known of the death or
serious injury or illness. If the employer can
demonstrate that exigent circumstances exist, the time frame for the report may
be made no longer
than 24 hours after the incident.
Serious injury
or illness is defined in section 330(h), Title 8, California Administrative
Code.
Employer failed
to timely report to the Division the serious injury suffered by an employee who
fell onto sheet metal on February 16, 2019. The employer reported the serious
injury on February 20, 2019.
Date By Which
Violation Must Be Abated: Corrected During Inspection
Proposed Penalty: $5000.00
Citation 2 Item
l Type of Violation: Serious
Title 8 CCR
Section 3203( a)
(a) Effective
July 1, 1991, every employer shall establish, implement and maintain an effective Injury and Illness Prevention Program (Program). The Program sholl be in
writing and, shall, at a minimum:
(4) Include
procedures for identifying and evaluating work place hazards including
scheduled periodic inspections to identify unsafe conditions and work practices.
Inspections shall be made to identify and evaluate hazards:
(A) When·the
Program is first established;
(B) Whenever new
substances, processes, procedures, or equipment are introduced to the workplace
that represent a new occupational safety and health hazard; and
(C) Whenever the
employer is made aware of a new or previously unrecognized hazard.
(6) Include
methods and/or procedures for correcting unsafe or unhealthy conditions, work practices
and work procedures in a timely manner based on the severity of the hazard:
(A) When
observed or discovered; and,
(B) When an
imminent hazard exists which cannot be immediately abated without endangering employee(s)
and/or property, remove all exposed personnel from the area except those
necessary to correct the
existing condition. Employees necessary to correct the hazardous condition
shall be provided the
necessary safeguards.
(7) Provide
training and instruction:
(A) When the
Program is first established;
(B) Whenever new
substances, processes, procedures, or equipment are introduced to the workplace that
represent a new occupational safety and health hazard; and
(C) Whenever the
employer is made aware of a new or previously unrecognized hazard.
(D) Whenever new
substances, processes, procedures or equipment are introduced to the workplace and
represent a new hazard;
[E) Whenever the
employer is made aware of a new or previously unrecognized hazard; and,
[F) For
supervisors to familiarize themselves with the safety and health hazards to
which employees under their immediate direction and control may be exposed.
Prior to and
during the course of the investigation, including but not limited to February
16, 2019, the employer failed to establish, implement, and maintain an effective
Injury and Illness Prevention Program in the following instances:
Instance #I
The employer
failed to provide training and instructions to all employees on the following:
Injury and
illness Prevention Program
Personal
Protective Equipment
General Safety
and Health
Elevated Work
Platform
Fall Protection
The employer did
not provide training and instruction documentation upon request
(Reference Title
8 CCR 3203(a) (7)
Instance #2
The employer
failed to ensure hazards identify and evaluate during periodic inspections conducted
were corrected when observed or discovered. (Reference Title 8 CCR 3203(a) (4)
and (6))
Date By Which
Violation Must Be Abated: .July 03, 2019
Proposed
Penalty: $16200.00
NOTICE OF
PROPOSED PENALTIES
Company Name:
Sunset Cultural Center, Inc.
Summary of
Penalties for Inspection Number 1380281
Citation 1 Item 1,
Regulatory $5000.00
Citation 2 Item 1,
Serious $16,200.00
TOTAL PROPOSED PENALTIES
$21200.00
STATE OF CALIFORNIA
DEPARTMENT OF
INDUSTRIAL RELATIONS
DIVISION OF OCCUPATIONAL
SAFETY AND HEALTH
CITATION AND
NOTIFICATION OF PENALTY PACKAGE
TO: Sunset
Cultural Center, Inc.
EXPEDITED PROCEEDINGS LETTER
TO: Sunset Cultural Center, Inc.
REFERENCE: EXPEDITED PROCEEDINGS LETTER
TO: Sunset Cultural Center, Inc.
The show must go on at the Sunset Center in Carmel after safety violations and fines.
Pam Marino
MONTEREY COUNTY WEEKLY
Jul 18, 2019
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