Section 6131 - Actions Allowed Against Licensed or Certificated Employees(a) When bringing an enforcement action against an employee who failed to use personal protective equipment or other safety equipment as required by section 6702(c) or a pesticide product's labeling, the commissioner shall determine that all of the following conditions are met: (1) The employee is licensed or certified pursuant to Chapter 14, Division 3, of the Business and Professions Code; Chapters 5 or 8, Division 6, of the Food and Agricultural Code; or Chapters 3.4 or 3.6, Division 7, of the Food and Agricultural Code;(2) The employer provided the equipment to the employee and the equipment was available at the work site in a condition that would have provided the safety or protection intended by the equipment;(3) The employer has implemented a written workplace disciplinary action policy requiring the employee to use the equipment;(4) The employee has acknowledged by signature having read and understood the employer's written workplace disciplinary action policy for failure to use the equipment; and,(5) The employer has complied with applicable training requirements of this Division prior to the time the employee failed to use the equipment.(b) A Notice of Proposed Action to fine an employee for failure to use personal protective equipment must include a copy of the text of subsection (a).Cal. Code Regs. Tit. 3, § 6131
1. Renumbering and amendment of former subsections 6130(b)-(b)(6) to new section 6131 filed 8-23-2011; operative 9-22-2011 (Register 2011, No. 34). Note: Authority cited: Sections 12781, 12976, and 15203, Food and Agricultural Code. Reference: Sections 11892, 12973, 12997 and 15202, Food and Agricultural Code; and Section 8616.9, Business and Professions Code.
1. Renumbering and amendment of former subsections 6130(b)-(b)(6) to new section 6131 filed 8-23-2011; operative 9-22-2011 (Register 2011, No. 34).