California Business and Professions Code

§ 8616.9

BPC § 8616.9 Effective Jan 1, 2017Div. 3 · Ch. 14 · Art. 6

Statute text

(a)If an employee is found during an inspection or investigation not wearing personal protective equipment required by label or regulation, the commissioner may refer the violation by the employer for statewide disciplinary action by the board or suspend the right of the employer to work in the county for up to three working days. If the commissioner does neither, the commissioner may assess an administrative fine against both the employer and the employee. If the commissioner takes no action against the employer for this violation, the commissioner may assess an administrative fine against the employee if the employer provides evidence of all of the following:

(1)The employer has a written training program, has provided training to the employee, and has maintained a record of training as required by label or regulation.

(2)The employer provided personal protective equipment required by label or regulation, the equipment was available at the site when the employee was handling the pesticide or pesticides, and the equipment was properly maintained and in good working order.

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Legislative history

Amended by Stats. 2016, Ch. 359, Sec. 2. (AB 2529) Effective January 1, 2017.