STATE OF CALIFORNIA
DEPARTMENT OF INDUSTRIAL RELATIONS OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD
2520 VENTURE OAKS WAY, SUITE 300
SACRAMENTO, CA 95833
ATTN: Christine Sandin
Sunset Cultural Center, Inc.
P.O. Box 1950
Carmel By The Sea, CA 93921
ATTN: Gary Rubell
Compliance Matters Consulting
24053 Via Vizcaya
Valencia, CA 91354
BEFORE THE
STATE OF CALIFORNIA
OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD
In the Matter of the Appeal of:
SUNSET CULTURAL CENTER, INC.
P.O. BOX 1950
CARMEL BY THE SEA, CA 93921
Employer
SETTLEMENT ORDER
REFERENCE:
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 1 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 shall 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 #l
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))
REFERENCE:
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 1 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 shall 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 #l
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
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