49 COR 40-8853 [¶23,297]
REPORTING OF SERIOUS ILLNESS Title 8, California Code of Regulations, §342(a) - The evidence proffered showed that Employer did not have actual or constructive knowledge of the employee’s hospitalization; thus, the citation was dismissed. EXPOSURE ANALYSIS Title 8, California Code of Regulations, §5199(h)(6)(C) -The evidence proffered showed that the Division did meet its burden of proof to show that Employer failed to investigate and provide notifications after an exposure incident. TRAINING Title 8, California Code of Regulations, §5144 (i)(4)(G) - The Division did not establish that the training provided on the donning and doffing of gowns was insufficient to make the nurses proficient in the task. SERIOUS VIOLATION - REBUTTAL PRESUMPTION OF CLASSIFICATION Labor Code §6432(c) – Employer failed to rebut the presumption that Citation 2 was properly classified as Serious by demonstrating that it took all the steps a reasonable and responsible employer should be expected to take, before the violation occurred. ASSESSMENT OF CIVIL PENALTIES Citation 2 was affirmed, and the penalty was adjusted accordingly.Digest of COSHAB ALJ’s Decision dated July 23, 2024, Inspection No 1483438 (Burlingame)
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