Division of Occupational Safety and Health Complaint No. 1025533 Alleges Conditions at Police Department/Public Works Department Workplace Which May be a Violation of the Safety Orders, Title 8 of the California Code of Regulations

ABSTRACT: In a letter from Noemi Herrera. Safety Engineer, STATE OF CALIFORNIA, DEPARTMENT OF INDUSTRIAL RELATIONS, Division of Occupational Safety and Health, Fremont District Office, dated October 13, 2015, to Doug Schmitz, City Administrator (Employer), Herrera states that “The Division of Occupational Safety and Health has received a complaint {Complaint No. 1025533) alleging the following condition(s) at your workplace at 2nd location: Torres & 4th, Carmel By The Sea, which may be a violation of the Safety Orders found in Title 8 of the California Code of Regulations:
Code Section(s) and Alleged Condition(s):
1. When it rains the roofs of the Police Station and Public Works Department leak. Also, the basement of the Communications Department floods. Buckets are used to collect the water. This condition has existed for 5 years and has not been corrected. As a result, there may be mold growth and there may be areas where mold on surfaces was painted over. See T8CCR Section 3362
2. Electrical hazards. Electrical equipment such as circuit breakers and outlet plugs are not protected from water leaks. The location is at the exit from the Police Station into the Public Works garage. When it rains, water runs down the wall where the electrical equipment is located. See T8CCR Section 2510.5
Furthermore, the letter states“you are required to investigate the alleged condition(s) and notify this office in writing no later than fourteen {14) calendar days after receipt of this letter whether the alleged condition(s) exist and, if so, specify the corrective action(s) you have taken and the estimated date when the corrections will be completed.”
California Code of Regulations, Title 8, Section 3362 and Section 2510.5 are reproduced. A document copy of the letter is embedded.

Code Section(s) and Alleged Condition(s):

1. When it rains the roofs of the Police Station and Public Works Department leak. Also, the basement of the Communications Department floods. Buckets are used to collect the water. This condition has existed for 5 years and has not been corrected. As a result, there may be mold growth and there may be areas where mold on surfaces was painted over. See T8CCR Section 3362

Subchapter 7. General Industry Safety Orders
Group 2. Safe Practices and Personal Protection
Article 9. Sanitation

§3362. General Requirements.

(a) To the extent that the nature of the work allows, workplaces, storerooms, personal service rooms and passageways shall be kept clean, orderly and in a sanitary condition. The interiors, exteriors and environs of buildings that contribute to a hazard to which these orders apply shall be cleaned and maintained in such conditions as will not give rise to harmful exposure, as defined in Section 5140.

(b) Cleaning and sweeping shall be done in such a manner as to minimize the contamination of the air and, insofar as is practicable, shall be performed at such time and in such a manner that will avoid harmful exposures as defined in Section 5140.

(c) To facilitate cleaning, every floor, workroom, personal service room and passageway shall be kept free from protruding nails, splinters, loose boards and unnecessary holes and openings.

(d) All putrescible waste or refuse shall be stored in a receptacle so constructed that it does not leak and may be conveniently and thoroughly cleaned. Such a receptacle shall be maintained in a sanitary condition and shall be equipped with a tight fitting cover if it cannot be maintained in a sanitary condition without one. (This provision does not prohibit the use of receptacles which are designed to permit the maintenance of a sanitary condition without regard to the above requirements.)

(e) All sweepings, putrescible wastes, refuse and garbage shall be removed in such a manner as to avoid creating a nuisance and shall be removed as often as necessary to avoid creating a menace to health through the development of unsanitary conditions.

(f) Every enclosed workplace and personal service room shall be equipped and maintained, insofar as is practicable, to prevent the entrance or harborage of insects, rodents or other vermin. An effective program of extermination and control shall be instituted whenever their presence is detected.

(g) When exterior water intrusion, leakage from interior water sources, or other uncontrolled accumulation of water occurs, the intrusion, leakage or accumulation shall be corrected because of the potential for these conditions to cause the growth of mold.

NOTE Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code

2. Electrical hazards. Electrical equipment such as circuit breakers and outlet plugs are not protected from water leaks. The location is at the exit from the Police Station into the Public Works garage. When it rains, water runs down the wall where the elect rical equipment is located. See T8CCR Section 2510.5

Subchapter 5. Electrical Safety Orders
Group 1. Low-Voltage Electrical Safety Orders
Article 51. Lighting Fixtures, Lampholders, Lamps and Receptacles

§2510.5. Wet and Damp Locations.

Fixtures installed in wet or damp locations shall be approved for the purpose and shall be so constructed or installed that water cannot enter or accumulate in wireways, lampholders, or other electrical parts.

(a) A receptacle installed in a wet or damp location shall be suitable for the location.

(b) A receptacle installed outdoors in a location protected from the weather or in other damp locations shall have an enclosure for the receptacle that is weatherproof when the receptacle is covered (attachment plug cap not inserted and receptacle covers closed).

NOTE: A receptacle is considered to be in a location protected from the weather when it is located under roofed open porches, canopies, marquees, or the like and where it will not be subjected to a beating rain or water runoff.

(c) A receptacle installed in a wet location where the product intended to be plugged into it is not attended while in use (for example, sprinkler system controllers, landscape lighting, and holiday lights) shall have an enclosure that is weatherproof with the attachment plug cap inserted or removed.

(d) A receptacle installed in a wet location where the product intended to be plugged into it will be attended while in use (for example, portable tools) shall have an enclosure that is weatherproof when the attachment plug cap is removed.

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

Cal-OSHA Letter {Complaint No. 1025533) 10-13-15

EDMUND G. BROWN JR., Governor
STATE OF CALIFORNIA
DEPARTMENT OF INDUSTRIAL RELATIONS
Division of Occupational Safety and Health
Fremont District Office
39141 Civic Center Drive, Suite 310
Fremont, CA 94538
Tel. # (510) 794-2521 Fax # (510) 794-3889
October 13, 2015
Attn: Doug Schmitz, City Administrator
City of Carmel-by-the Sea
P.O. Box CC
Carmel-By- The- Sea, CA 93921
Noemi Herrera
Safety Engineer