EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of Hong Phat Farm - DAR

Employer was cited under section 3457(c)(2)(D) because its toilet facility was more than 1/4 mile or 5 minutes from the agricultural field workers during part of the workday. The ALJ set aside the civil penalty. The Board reinstates the civil penalty, citing Emerald Produce 96-2679, 5/4/99 holding that there is no distinction between failing to maintain and failing to provide a field sanitation facility. Hence, $750 minimum penalty required by the Labor Code must be assessed, regardless of the duration of the violative condition.

HONG PHAT FARM 98-1449
April 30, 2001