Lusive Decor - Lusive Lighting 26 Felony OSHA Violations
Wow, if this isn't incriminating then I don't know what is. Scroll down to the investigators conclusions at the bottom for the juicy stuff.
ARNOLD SCHWARZENEGER, GOVERNOR
DEPARTMENT OF INDUSTRIAL RELATIONS
DIVISION OF OCCUPATIONAL SAFETY AND HEALTH
320 WEST FOURTH STREET, SUITE 400
TELEPHONE: (213) 576-7482 FAX: (213) 576-7489
September 14, 2011 Case Number: S1230-076-10
Brian Baudendistel, Senior Special Investigator
TYPE AND CHARGES: Submission of falsified records and/or evidence during the course of an authorized Cal/OSHA investigation.
CALIFORNIA PENAL CODE VIOLATIONS:
Section 132 Felony (13 counts)- Knowingly offering into evidence upon any trial, proceeding, inquiry, or investigation whatever, any book, paper, document, record or other instrument in writing which has been forged or fraudulently altered or ante-dated.
Section 134 Felony (13 counts)- Preparation of any false or ante-dated book, paper, record, instrument in writing, or other matter or thing, with intent to produce it, or allow it to be produced, upon any trial, proceeding, or inquiry whatever, authorized by law.
CALIFORNIA LABOR CODE VIOLATIONS:
Section 642 Misdemeanor (13 counts)- Knowingly making a false statement, representation or certification in any application, record, report, plan, or other document filed or required to be maintained.
Jason K. Cooper, President
Terra Clark, General Manager
12388 Oxnard Street, Apt 107
North Hollywood, CA 91606
Cal/OSHA Monrovia District Office
750 Royal Oaks Drive, Suite 104
On September 3, 2010, the Cal/OSHA Monrovia District Office received a complaint against Lusive Décor1, alleging various non-injury, potential workplace safety violations.
On September 16, 2010, an authorized inspection was initiated by Associate Safety Engineer Maurice Fernandez (hereinafter ASE Fernandez) in response to the complaint. At approximately 1030 hours, ASE Fernandez opened his investigation at the Lusive Décor Offices, located at 615 South Raymond Avenue, Alhambra, CA. ASE Fernandez made contact with Lusive Décor Office Manager Hazel Bermudez and Operations Manager John Garcia and proceeded to inspect the location.
The initial inspection revealed that the company was operating a spray paint booth without a required permit and also determined that other equipment was not properly guarded, electrical panels were improperly exposed, fire extinguishers were not charged, forklift operators were not certified, in addition to several other violations.
__________________________
1 Lusive Décor is a leading manufacturer of high end lighting and accessories, specializing in custom signature pieces for discerning architects and interior designers. Handcrafted from the finest materials, Lusive Décor combines classic inspiration with contemporary flair to create a distinctive collection of lighting and accessories for the hospitality industry (see www.lusivelighting.com). According to the Inc. 500 2010 list of the fastest growing companies, Lusive Décor had 37 employees with 2007 revenue of $1.7 million and 2010 revenue of $6.9 million (see http://www.inc.com/inc5000/profile/lusive-decor).
Prior to leaving the site, ASE Fernandez served on Hazel Bermudez a Documents Request From, seeking various records from Lusive Décor (See Tab 1). The Document Request Form required production of specified records by September 21, 2011. ASE Fernandez left the site at approximately 1330 hours.
On September 21, 2010, Office Manager Hazel Bermudez personally delivered the records sought in Division’s Document Request form to the Cal/OSHA Monrovia District Office. The records comprised approximately 269 pages. Prior to leaving the Cal/OSHA office, Ms. Bermudez advised ASE Fernandez that the records being delivered had been fabricated for the purposes of the document request and that various records had also been antedated (backdated). Ms. Bermudez advised that she, along with several other co-workers, were forced by Lusive Décor Management to produce the documents in question.
The investigation of the safety violations initially noted during Cal/OSHA’s September 16, 2010 inspection continued.
As subsequent inspection was conducted by Cal/OSHA at Lusive Décor’s administrative offices located at 5240 Alhambra Avenue, Los Angeles, CA, on October 28, 2010. The inspection was initiated after receipt a second complaint alleging that Lusive Décor was conducting unsafe welding operations at the location.
The inspection was completed by Associate Safety Engineer Paul Grier (hereinafter ASE Grier) of the Cal/OSHA Monrovia District Office. BOI Investigator Baudendistel accompanied ASE Grier during the investigation.
During the inspection of the facility, ASE Grier was accompanied by Terra Clark, General Manager for Lusive Décor. In response to questions about welding and grinding operations at the location, Ms. Clark denied that such activities were being conducted. As a result of the representations made by Ms. Clark, ASE Grier narrowed the scope of his inspection, excluding further investigation of welding operations at the location. (Note: subsequent witness testimony, set forth below, indicated that Lusive Management removed the portable welder being used at the facility upon ASE Grier’s arrival).
Ms. Clark also represented that the basement area of the corporate offices was only being used for storage. When questioned about an unpermitted air compressor observed in the basement area, Ms. Clark again indicated that the unit was only being stored at the location. Further investigation determined that the compressor was energized and was being used to power a pneumatic grinder at the location. The grinder and abrasive wheels were found hidden between boxes within the warehouse. Ms. Clark denied any knowledge of the items or their use.
ASE Grier’s inspection on October 28, 2010 resulted in the issuance of the following citations:
8 CCR 4650 (e) Improper storage of pressure vessel.
8 CCR 461 (a) No permit for air compressor tank.
8 CCR 2340.12 (a) Openings in electrical installations exposing live, energized parts.
ASE Fernandez’s inspection on September 16, 2010 resulted in the issuance of the following citations:
8 CCR 461 (a) No permit for air compressor tank.
8 CCR 3203 (b)(1) No workplace inspection records.
8 CCR 3203 (b)(2) No employee training records.
8 CCR 3664 (a) No posted forklift safety rules.
8 CCR 3668 (f) No certification for forklift operators.
8 CCR 3203 (a) No Injury and Illness Prevention Program.
8 CCR 5144 (c) No Respiratory Protection
8 CCR 5144 (k) Respiratory Protection
8 CCR 5194 (e)(1) No Hazard Communication Program.
8 CCR 5194 (f)(4) Improper labeling of chemicals.
8 CCR 5447 (a)(1) No visible gage on spray booth.
8 CCR 5452 (e) No fire protection for spray booth.
8 CCR 6151 (c) Fire extinguishers depleted/improperly mounted.
8 CCR 4310 (a) Broken/ineffectual band saw blade guard.
-Blocked electrical panel.
-Guardrails at elevated locations.
-Improper use of lighting equipment.
The Cal/OSHA Enforcement Division subsequently referred the issue of falsified documents to the Bureau of Investigation. The case was assigned to BOI Investigator Baudendistel.
Corporate Background/Licensing Information (Tab 4)
A search of the California Secretary of State corporate Records Database indicates Lusive Décor is a domestic corporation, No. C2938480 and was organized on December 18, 2006. The listed address is 5240 Alhambra Avenue, Los Angeles, CA 90032. The registered agent is Jason Cooper, 5240 Alhambra Avenue, Los Angeles, CA 90032.
Review of Documents Submitted by Lusive Décor (Tab 2)
Based upon an examination of the documents submitted and further witness testimony, the records submitted to Cal/OSHA as required were falsified as follows:
1. OSHA LOG 300 (2008-2010) Record Fabricated For
2. Injury and Illness Prevention Program Fabricated to Appear to be an
3. Safety Inspection Records (Past 6 months) All Records Falsified. Antedated.
4. Employee Training Records All Falsified. Antedated (3/1/10).
5. Fire Prevention Plan Falsified. Antedated (3/1/10).
Actually Signed by Jason Cooper
6. Hazard Communication Program Falsified. Antedated (3/1/10).
7. Material Safety Data Sheets Produced for Document Request
(Acetone, Clear Laquer) Not Maintained.
8. Respiratory Protection Program No Issue. Secured after Document
(fit testing/medical clearance) Request. Properly Dated.
BOI Interview of Michael Wigle, Design Assistant Lusive Décor (Tab 6)
[Note: While the foregoing summary generally follows the sequence of Mr. Wigle’s actual interview, portions of the statement may have been moved in the timeline to provide continuity to the reader].
On September 27, 2010, Investigator Baudendistel, conducted a recorded interview with Michael Wigle at the Cal/OSHA Monrovia District Office.
Mr. Wigle stated that he has been employed as a Design Assistant by Lusive Décor for the last 2 ½ months. Mr. Wigle stated that Lusive Décor has approximately 60 employees. Mr. Wigle works at Lusvie’s administrative offices, located at 5240 Alhambra Avenue, Los Angeles. Mr. Wigle
indicated that Lusive has an additional production facility located at 615 South Raymond Avenue, Alhambra, CA and that he [Wigle] will occasionally visit the location.
Mr. Wigle indicated that he was instructed by Terra Clark, General Manager, to forge a series of documents, consisting of safety logs, fire evacuation plans, MSDS sheets and unspecified fire department documents. Mr. Wigle stated that Hazel Bermudez and Haley Kalas assisted with the production of documents.
Mr. Wigle was shown and identified the following documents. Ms. Wigle’s response are listed next to each entry.
Document Witness Response
1. Hazard Communication Program - Believes Haley [Kalas]
backdated (03-01-20). Wigle
and Co-Workers refused to
2. Safety Inspection Records- Produced day before request
3. Fire Protection Plan- Wigle obtained document
Décor. Changed dates to 03-
01-10. Terra Clark advised
“make it look as authentic as
4. Injury & Illness Prevention Program- Wigle did not print
5. Employee Training Records- Wigle did not print
Mr. Wigle stated that despite the Alhambra Fire Department and Cal-OSHA’s restriction on welding and grinding, such activities were being carried out on a daily basis in the basement of the corporate offices. Mr. Wigle stated he has also observed welding and grinding being carried out at the South Raymond production facility, since the restrictions had been put in place.
BOI Interview of Hazel Bermudez, Office Manager (Tab 6)
[Note: While the foregoing summary generally follows the sequence of Ms. Bermudez’s actual interview, portions of the statement may have been moved in the timeline to provide continuity to the reader].
On November 2, 2010, Investigator Baudendistel, conducted a recorded interview with Hazel Bermudez at the BOI Office in Los Angeles.
Ms. Bermudez stated that she has been employed as an Office Manager by Lusive Décor since April 5, 2010. Ms. Bermudez works at Lusive’s production facility located 615 South Raymond Avenue, Alhambra, CA. Ms. Bermudez stated that her direct supervisor was Terra Clark, General Manager. Ms. Bermudez also reports to the President of Lusive Décor, Jason Cooper.
Ms. Bermudez indicated that the Alhambra fire Department first inspected the Raymond Avenue Facility in early September 2010.2 Ms. Bermudez stated that Cal/OSHA completed an inspection shortly thereafter. As a result of the Fire Department inspection, the company was prohibited from conducting welding operations at the site, until an appropriate permit could be obtained. Ms. Bermudez further stated that Cal/OSHA shut down the company’s spray booth.
Ms. Bermudez was shown a copy of the Cal/OSHA Document Request sheet served on Ms. Bermudez following the Cal/OSHA inspection. Ms. Bermudez identified the document. The document is attached herein under Tab 2. Ms. Bermudez stated that upon receipt of the document. She [Bermudez] immediately sent a copy to Terra Clark at Lusive’s administrative offices, located at 5240 W. Alhambra Avenue, Los Angeles, CA. Ms. Bermudez indicated that all files subject to the Cal/OSHA request would have been maintained at Lusive’s corporate offices.
Ms. Bermudez was subsequently contacted by Terra Clark on September 20, 2010 regarding the document request. Ms. Bermudez stated that Terra Clark had instructed two other Lusive employees, Michael [Wigle] and Haley [Kalas] to “print out”, via the internet, the documents sought by Cal/OSHA. Ms. Bermudez stated that she went to their corporate office and was instructed to complete and sign the documents that had been printed out. Ms. Bermudez indicated that she [Bermudez] spent approximately two hours filling out the various documents. Ms. Bermudez stated that the documents being delivered to Cal/OSHA were fabricated. As such, Ms. Bermudez refused to sign to documents.
Ms. Bermudez was then instructed by Terra Clark to take the documents to John Garcia, Production Manager, for signature. According to Ms. Bermudez, John Garcia refused to sign the documents. Ms. Bermudez then took the documents to Jason Cooper, Lusive’s President. Ms. Bermudez stated that Jason Cooper backdated some of the documents to reflect the date of March 1, 2010 and that Mr. Cooper then signed the documents in her presence. Ms. Bermudez indicated that she twice refused to fill out the documents, but ultimately felt she had no other choice:
_________________________
2 See Tab 3, Alhambra fire Department Inspection Report
“… we know we did wrong, we were just following instruction, there
were no other options given to us … we did what we were asked but at
the same time it was just not right.”
Ms. Bermudez was then instructed by Jason Cooper to hand-deliver the documents to the Cal/OSHA office in Monrovia, CA. Ms. Bermudez stated that she dropped off the documents to ASE Hernandez. Prior to leaving the Cal/OSHA office, Ms. Bermudez advised ASE Hernandez that the documents had been fabricated.
The documents produced by Lusive Décor, as set forth under Tab 2, were shown to Ms. Bermudez. Ms. Bermudez identified all of the documents submitted in response to the document request.
Ms. Bermudez stated that the documents signed by Jason Cooper and dated March 1, 2010, were actually produced and signed on September 21, 2010. Ms. Bermudez indicated that she, along with Haley Kalas, filled out the various documents that comprised Lusive Décor’s production to Cal/OSHA.
Ms. Bermudez stated that welding and grinding work has continued at the South Raymond production facility on a daily basis, since the inspection by the Alhambra Fire Department and Cal/OSHA.
BOI Interview of Haley Kalas, Design Assistant Lusive Décor (Tab 6)
[Note: While the foregoing summary generally follows the sequence of Ms. Kalas’ actual interview, portions of the statement may have been moved in the timeline to provide continuity to the reader.]
On November 2, 2010, Investigator Baudendistel, conducted a recorded interview with Haley Kalas at the BOI Office in Los Angeles.
Ms. Kalas stated that she has been employed as a Design Assistant with Lusive Décor since April 2010. Ms. Kalas reports to Terra Clark, General Manager. Ms. Kalas confirmed that Terra Clark provided her [Kalas] and co-worker Michael Wigle with a copy of the Cal/OSHA document request sheet and instructed Ms. Kalas to obtain the requested documents via the internet.
Ms. Kalas stated that she “Googled” the various documents on the list and printed out documents that seemingly matched the description on the document request sheet. Ms. Kalas stated that all documents were obtained from the internet on September 20, 2010. Ms. Kalas was shown and identified the following documents. Ms. Kalas’ responses are listed next to each entry:
Document Witness Response
1. OSHA Log 300- Filled out by Hazel
2. Injury & Illness Prevention Program- Kalas added “Lusive Décor”
to the face of the document
at the direction of Terra
3. Safety Inspection Records- Filled out by Hazel
4. Employee Training Records- Printed by Kalas. Unknown
5. Fire Protection Plan- Lusive Décor and other
modifications added to face
6. Hazard Communication Program- Kalas printed document.
7. Material Safety Data Sheets (MSDS)- Kalas both MSDS sheets.
8. Respiratory Protection Program- None
Ms. Kalas indicated that once she compiled all documents, she provided them to Terra Clark on September 20,2010. Ms. Kalas stated that she was instructed to assist in filling out the documents. According to Ms. Kalas, she [Kalas] advised Terra Clark that she [Kalas] was uncomfortable filling out the printed documents. Ms Kalas stated that Terra Clark assured Kalas that the documents were just “research”.
Ms. Kalas stated that all documents, where signed, were done so by Jason Cooper.
Ms Kalas stated that she has observed welding and grinding at both the South Raymond Avenue production facility and corporate offices since the Fire Department’s restrictions were put in place.
BOI Interview of Terra Clark, General Manager, Lusive Décor (Tab 6)
[Note: While the foregoing summary generally follows the sequence of Ms. Clark’s actual interview, portions of the statement may have been moved in the timeline to provide continuity to the reader].
On November 2, 2010, Investigator Baudendistel, conducted a recorded interview with Terra Clark at the BOI Office in Los Angeles. Counsel for Lusive Décor and Ms. Clark, Sergio A. Perez, with the Law Offices of Jackson Lewis LLP, 725 South Figueroa Street, Suite 2500, Los Angeles, CA 90017, was also present during the interview.
Ms. Clark is the General Manager for Lusive Décor. Ms. Clark works out of Lusive’s corporate office located at 5240 Alhambra Avenue, Los Angeles, CA 90032.
Prior to employment with Lusive, Ms. Clark was employed by Eathan Allen in Ft. Wayne Indiana as a Visual Merchandiser. Ms. Clark has an A.S. degree from Bradley Academy for the visual Arts, York PA.
Ms. Clark indicates her duties at Lusive include order processing, client updates, purchasing, invoicing as well as some Human Resource duties. Ms. Clark is also responsible for supervising several department heads. Ms. Clark supervises approximately seven employees directly.
Ms. Clark reports to the company’s Preside, Jason Cooper. Ms. Clark confirmed that she is responsible for oversight of the company’s shipping department, which is located at 615 South Raymond Avenue, Alhambra. Ms. Clark states the shipping department is managed by Hazel Bermudez. Ms. Clark indicated that Ms. Bermudez does not supervise any employees at the Raymond Avenue location. According to Ms. Clark, the company’s production department is also located the South Raymond Avenue address and supervision of production employees is done by John Garcia.
Ms. Clark stated that in February or March of 2010, all manufacturing moved to the South Raymond Avenue address. Ms. Clark indicated that corporate office on Alhambra Avenue is used for order processing, bookkeeping, marketing etc. Ms. Clark denied that any production/manufacturing activities occur at the corporate offices.
Ms. Clark estimated that she entered the basement area of their corporate offices at least 1-2 times per week. Ms. Clark confirmed that the Alhambra Fire Department had prohibited all “hot work” at the Alhambra facility, until the required permit could be obtained. Ms. Clark stated that the company tried to obtain a permit following the inspection, but has been unable to do so.
Q: What work is done at the corporate office?
A: Um, producing quites for clientrs, order processing, um, bookkeeping,
accounts payable, marketing, basic office functions, CAD department.
Q: And that’s upstairs, correct?
A: The CAD department is downstairs.
Q: What else is downstairs?
Q: Is there any assembly that goes on downstairs?
Q: Is there any production you’re aware of that goes on down stairs at
Q: How many employees are employed in the downstairs location that are not designers?
A: There’s nobody specifically employed downstairs, its all office personnel.
[Tab 6, at 0:09:30-0:11:00].
Ms. Clark confirmed that she received the Cal/OSHA document Request from Hazel Bermudez following the Cal/OSHA inspection on September 16, 2010. Ms. Clark stated that Ms. Bermudez was responsible for assembling the required paperwork. Ms. Clark initially maintained that a majority of the documents requested by Cal/OSHA were contained in the company files. However, upon further questioning, Ms. Clark acknowledged that many of the records were created for the purposes of the Cal/OSHA request and were not actually maintained by the company. The following documents were shown and/or discussed with Ms. Clark. A summary of her responses to each document is also set forth:
1. OSHA Log 300- Document created.
Haley [Kalas] research and print out.
Clark did not know what Log 300
2. Injury & Illness Prevention Created for records request. Hazel
Program- asked to put together document.
3. Safety Inspection Records- Created for records request. Does
not believe records existed prior to
4. Employee Training Records- Created for records request. Does
not believe records existed prior to
5. Fire Prevention Plan- Created for records request.
6. Hazard Communication Created for records request. Not in
Program- corporate records.
7. MSDS Sheets- Maintained in corp office. Clark
found documents personally.
8. Respiratory Protection Created for records request.
Ms. Clark requested Haley [Kalas] to Google certain documents. According to Ms. Clark no one else assisted with the document production. Ms. Clark maintained that she [Clark] and Jason Coper assisted Hazel Bermudez in “managing” the request. Ms. Clark stated that all documents were filled out by either Hazel Bermudez or Jason Cooper. Ms. Clark indicated that Hazel Bermudez hand delivered the documents to Cal/OSHA on September 21, 2010.
BOI Interview of Ardiranna Arambula, Project Manager, Lusive Décor (Tab 6)
[Note: While the foregoing summary generally follows the sequence of Ms. Arambula’s actual interview, portions of the statement may have been moved in the timeline to provide continuity to the reader].
On November 5, 2010, Investigator Baudendistel, conducted a recorded interview with Adriana Arambula at the BOI Office in Los Angeles.
Ms. Arambula has been employed as a Project Manager with Lusive Décor for approximately 10 months. Ms. Arambula reports to Jason Cooper, President, and Sally Cooper, Vice President, of Lusive Décor.
Ms. Arambula was present during the Cal/OSHA inspection at Lusive Décor’s corporate office, located at 5240 Alhambra Avenue, Los Angeles. Ms. Arambula overheard a conversation between Jason Cooper and John [Garcia] wherein Mr. Cooper instructed Mr. Garcia to remove cords and a welding machine from the basement area of the building. Ms. Arambula overheard Mr. Garcia state that the welder had been moved into Mr. Garcia’s office.
Ms. Arambula stated that Terra Clark lied to Cal/OSHA investigators regarding the work being undertaken in the basement area of the building. Ms. Arambula stated that welding and grinding operations were being conducted on an almost daily basis for most of the day. Ms. Arambula initially was working in the CAD office located in the basement area and maintained that the welding and grinding made it difficult to breathe in the area. Ms. Arambula was recently moved to the upstairs area of the office, but states that she can still hear the grinding work.
Based upon the investigation to date, it is clear that Lusive Décor knowingly and intentionally fabricated records and/or documents sought during Cal/OSHA’s investigation, in an effort to mislead investigators and ultimately avoid potential monetary penalties in this case. The antedating of documents is direct evidence that the company’s actions were intentional and malicious in nature and not simple oversight. The submission of fabricated documents is consistent with the company’s other attempts to mislead investigators during inspections of Lusive Décor’s production and administrative facilities. As the witness testimony clearly establishes in this case, Lusive Décor’s senior management were directly aware that inspectors were being provided with false information and were mislead during their inspections of Lusive’s facilities. The witnesses further confirm that these same senior managers were personally and directly involved in the preparation and falsification of the documents in question and further instructed subordinate employees to engage in the same unlawful conduct.
3538 Mentone Avenue, Apt 1
548 S. Spring Street, Apt 508
400 N. Oakland Drive #203
615 South Pasadena Avenue
Associate Safety Engineer
Division of Occupational Safety & Health
750 Royal Oaks Drive, Suite 104
Associate Safety Engineer
Division of Occupational Safety & health
750 Royal Oaks Drive, Suite 104
Senior Special Investigator
Division of Occupational Safety & Health
320 West 4th Street, Suite 400
i. Business Cards of Relevant Contacts;
1. Cal/OSHA document Request dated September 16, 2010;
2. Documents Produced by Lusive Décor in Response to the Cal/OSHA Document Request;
3. Alhambra fire Department Inspection Report;
4. California Secretary of State Corporate Records Database Information for Lusive Décor;
5. BOI Photos 10-28-10 Inspection;
7. BOI Interview Appendices;
