CA Bus & Prof Code Section 8616.9

If an employee is found during an inspection or investigation not wearing personal protective equipment required by regulation, the commissioner shall have the option to use discretion in citing an employer only if evidence of all of the following is provided:

(a)

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

(b)

The employer provided personal protective equipment required by 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.

(c)

The employer is in compliance with regulations relating to the workplace and supervision of employees.

(d)

The employer has implemented and adheres to a written company policy of disciplinary action for employees who violate company policy or state or local laws or regulations.

(e)

The employer has no history of repeated violations of this section.