HomeMy WebLinkAbout40339-BAKRCI; MELTON V BAKERSFIELD HYUNDAIHoward Wines
From: Stevens, Melissa @DIR <MStevens@dir.ca.gov>
Sent: Wednesday, February 21, 2018 11:37 AM
To: Howard Wines
Subject: RE: State Caes No. 40339 - BAKRCI; Melton v Bakersfield Hyundai
Thank you so much for the attachments and all your help.
Sincerely,
Melissa L. Stevens
Deputy Labor Commissioner
Division of Labor Standards Enforcement
Department of Industrial Relations
Retaliation Complaint Investigation Unit
(661) 557 -3068
From: Howard Wines [ mailto :hwines @bakersfieldfire.us]
Sent: Wednesday, February 21, 201811:05 AM
To: Stevens, Melissa @DIR <MStevens @dir.ca.gov>
Subject: RE: State Caes No. 40339 - BAKRCI; Melton v Bakersfield Hyundai
Attached are our procedures (reviewed annually) in effect around the time of the inspection. Confidentiality is
addressed on pg. 18 of the I &E Plan. The inspector was identified as Firefighter Jon Berry (signature in lower left of the
checklist). I have no knowledge of any complaint, nor subsequent enforcement, related to this inspection. Any such
action would presumably come through me, also pursuant to the attached Admn. Enf. Proc.. My business card is also
freely available at the front counter of Fire Station #1 (HQ) for anyone to obtain. I was not present on this
inspection. The prima facie evidence of the Inspection Checklist itself indicates neither Complaint nor Violation was
involved. I'm somewhat perplexed, but hope this helps you!
Howard Wines, Prevention Director
Bakersfield FIRE Department
(661) 326 -3659 office
(661) 852 -2171 fax
HWines@BakersfieldFire.us
From: Stevens, Melissa @DIR [mailto:MStevens@dir.ca.gov]
Sent: Wednesday, February 21, 2018 10:09 AM
To: Howard Wines <hwines@bakersfieldfire.us>
Subject: State Caes No. 40339- BAKRCI; Melton v Bakersfield Hyundai
Re: 40339 - BAKRCI; Melton v Bakersfield Hyundai
Mr. Wines,
Thank you for taking the time to speak with me regarding the above - referenced matter.
Attached, is the inspection paperwork that Bakersfield Hyundai submitted to our office, and in which we were just
discussing.
I'm currently investigating the case under Labor Code sections 98.6 & 1102.5 which are commonly known as the "whistle
blower" protections.
In sum, the codes prohibit an employer from retaliating against an employee who files a bona fide complaint with a law
enforcement agency, or participates in a law enforcement inspection /investigation.
Bakersfield Hyundai denies they had any knowledge that the employee filed a complaint with Fire Dept. or participated
in the inspection.
In general, I am simply wondering how the Fire Dept. treats complaints received from the public; or in this case, an
employee.
I appreciate any information you can provide.
Sincerely,
Melissa L. Stevens
Deputy Labor Commissioner
Division of Labor Standards Enforcement
Department of Industrial Relations
Retaliation Complaint Investigation Unit
(661) 587 -3068
0913012015 13:59 Potts And Associates
UNIFIED PROGRAM INSPECTION CHECKLIST
SECTION 1: Hazamlous Materials Business Plan
il:AX)626 3961626 P.01 11023
BAKERSFIELD FM DEPTO
Ptovention Services
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A;,.i,;,Ar � BAkerdield, CA 93301
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Fax: (661) 852-2171
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BUSINESS PLAN CONTACT INFORMATION ACCURATE (CCA; 2729-1)
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VeRIFICATION OF QUANTITIES (COR:9729.4)
VERtmCAT;oN OF LOCATION (CCRM29.2)
PROPER smmoxrm of MATERLAL (CFO, 2704.1)
VERIFICATION OF SDS AVAILABILITY (OCR: 2729.g(3)(b))
VERIFICATION OF HAZ MAT TAAINING (CCP.27M
VERIFICAT04 OF ABATEMENT SUPPLIES& pRoCEDURES (COB:2731(p))
EMERGENCY PROCEDURES ADEQUATE (COR, 273 1)
1010010
CONTAINERS pROPFRLY LABELED (OCR, 66262.34(4, CFO, 2703,5)
3030007
HousmeEPING
FIRE PROTECTION (CFO: 903 L 900)
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511.9- DIAGRAM ADEQUATE a ON HAND (CCS: 2729.2)
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Correct the violation(s) noted 93ove by
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Bakersfield Fire Dept., provention Smices, 210111 Stmet, Cat fhrma 93301 Date
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