EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of Mohammad R. Gorsi - DAR

Employer had a crew of 24 men and women doing agricultural hand labor in the field. The Division’s inspector found only one toilet facility. He cited Employer for a general violation of section 3457(c)(2)(A) [not enough toilets] and proposed a $750 penalty. The ALJ upheld the violation and the penalty. The penalty was not excessive, it is the mandatory minimum allowed by Labor Code section 6712(d)(1) for a violation of that section [field sanitation]. Employer was adequately informed by the hearing notice as to how to request assistance of an interpreter. The inspector informed Employer that he was checking to see if there were enough toilets. That was sufficient to enable Employer to point out other toilets that may have been available. Employer’s representative said that there was another toilet but the Inspector could not find it. The Board upheld the violation and the penalty.

MOHAMMAD R. GORSI 99-2972
April 20, 2001