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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 2101 H Sheet Ink r A;,.i,;,Ar � BAkerdield, CA 93301 A"0111- Tel.: (661) 326-3979 Fax: (661) 852-2171 FA610-Y NAME CERS Violation COMMENT NSPEC ION PAT E� NSPECTIONITIME APPROPRMEPERMITON HANK — 3010001 ADDRES 65300 1/1 j kz- PACIN CA07 ItL ml- BUSINESS ID NUMSUR OF Em FACILITY CONTACT q1A, VISIBLE ADDRESS (CFC: 605.1, SIAC: 16.62.020) 0ansent to Insped Namemlis p in 10y.0 ry nto ROUTINE M COMBINED it JOINTAGVNGY 0 MUMAGENCY [3 COWLAW E3 RE?- INSPECTION "0- OPERATION V11AVI0hjJQM, 1,11 MMr CERS Violation COMMENT APPROPRMEPERMITON HANK — 3010001 BUSINESS PLAN CONTACT INFORMATION ACCURATE (CCA; 2729-1) 1010008 VISIBLE ADDRESS (CFC: 605.1, SIAC: 16.62.020) CORRECT OCCUPANOY uakersfield Fire Departm Wine s Howard 0 pht ptVmnSon Dhvdor prqjfmwvxgl Geologist NO 74V 2101 qr Strtct - BAatfield, 66L326-NM v M8=171-FAX VERIFICATION OF INVENTORY MATERIALS 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) mom 511.9- DIAGRAM ADEQUATE a ON HAND (CCS: 2729.2) 1010005 AMY HAZARDOUS WASTE ON SITE? 0 YES in No ftMtura 61' R!Wgt Explain: POST-DMFEa- VN INSMUCT IONS: Correct the violation(s) noted 93ove by 0 within 5 dos of co=dns all of ft Violations, Sip and mum a Copy of this par 1% Bakersfield Fire Dept., provention Smices, 210111 Stmet, Cat fhrma 93301 Date wh'tu. R11t;no-ce rew%w vopaw —,.qtxst%n rns%v p;nIr — Prov"timn -7-111 H1