Inspection record, San Diego

Gelato Vero Caffe Cal/OSHA Inspection, Apr 6, 2007

Benjamin Eghbali, Esq.Legal notes by Benjamin Eghbali, Esq.,

Accident inspection in San Diego: 10 citations, $5,110, 1 death investigated. The employer's only inspection on record.

Every Cal/OSHA and federal OSHA inspection of a California workplace opened since 2000: 238,466 inspections of 122,854 employers, 447,188 citations, $586,238,760 in penalties, 5,717 deaths investigated.

What happened in this inspection

Cal/OSHA opened an accident inspection of Gelato Vero Caffe at 3753 India Street, San Diego (San Diego County) on Apr 6, 2007. It was a partial inspection focused on safety hazards. 15 employees were recorded at the site. Inspectors issued 10 citations (2 serious) and proposed $15,425 in penalties; the current total is $5,110. 10 citations were contested before the Appeals Board. The case closed on Dec 10, 2008. 1 worker died in the event that led to this inspection.

Citations

Each citation names the rule, its classification and the penalty as proposed and as it stands now.

Citation 01001: 8 CCR 2340.21 General
Issued Jun 15, 2007. Proposed $110, current $75. 2 instances. 15 workers exposed. Contested Jul 23, 2007, final order Oct 23, 2008. Abatement due Jul 12, 2007, completed. Read the rule.
Citation 01002: 8 CCR 2340.22(a) General
Issued Jun 15, 2007. Proposed $280, current $185. 23 instances. 15 workers exposed. Contested Jul 23, 2007, final order Oct 23, 2008. Abatement due Jul 12, 2007, completed. Read the rule.
Citation 01003: 8 CCR 2340.23 General
Issued Jun 15, 2007. Proposed $250, current $165. 15 workers exposed. Contested Jul 23, 2007, final order Oct 23, 2008. Abatement due Jul 5, 2007, completed. Read the rule.
Citation 01004: 8 CCR 2500.9(a) General
Issued Jun 15, 2007. Proposed $110, current $75. 15 workers exposed. Contested Jul 23, 2007, final order Oct 23, 2008. Abatement due Jul 5, 2007, completed. Read the rule.
Citation 01005: 8 CCR 3203 A, Injury and Illness Prevention Program General
Issued Jun 15, 2007. Proposed $225, current $150. 15 workers exposed. Contested Jul 23, 2007, final order Oct 23, 2008. Abatement due Jul 18, 2007, completed. Read the rule.
Citation 01006: 8 CCR 3249 B General
Issued Jun 15, 2007. Proposed $110, current $75. 15 workers exposed. Contested Jul 23, 2007, final order Oct 23, 2008. Abatement due Jul 12, 2007, completed. Read the rule.
Citation 01007: 8 CCR 5194 E01, Hazard communication General
Issued Jun 15, 2007. Proposed $165, current $110. 15 workers exposed. Contested Jul 23, 2007, final order Oct 23, 2008. Abatement due Jul 18, 2007, completed. Read the rule.
Citation 02001: 8 CCR 2340.17(a) General
Issued Jun 15, 2007. Proposed $4,725, current $225. 15 workers exposed. Contested Jul 23, 2007, final order Oct 23, 2008. Abatement due Jul 5, 2007, completed. Read the rule.
Citation 03001: 8 CCR 5149 Serious
Issued Jun 15, 2007. Proposed $6,300, current $2,700. 15 workers exposed. Contested Jul 23, 2007, final order Oct 23, 2008. Abatement due Jun 21, 2007, completed. Read the rule.
Citation 04001: 8 CCR 5162 A, Emergency eyewash and shower Serious
Issued Jun 15, 2007. Proposed $3,150, current $1,350. 15 workers exposed. Contested Jul 23, 2007, final order Oct 23, 2008. Abatement due Jul 12, 2007, completed. Read the rule.

The accident

Apr 5, 2007. Employee Dies in Freezer of Asphyxiation
Keywords: asphyxiated,vapor,carbon dioxide,freezer compartment,door 1 death

Your rights

If you worked at this site, the inspection file is a public record once the case closes; request it from the Cal/OSHA district office with activity number 310810973. A worker who reported the hazard, the injury or the inspection and was then fired, demoted or cut has a retaliation claim under Labor Code 6310, one year to file with the Labor Commissioner and longer to sue. Injuries themselves go through workers' compensation. Free, confidential review: (800) 371-3088.

Source: U.S. Department of Labor OSHA enforcement data, inspection 310810973, checked Nov 1, 2026. How to read a record. Back to the safety tracker.

About this data: Records come from the U.S. Department of Labor's OSHA enforcement datasets (inspection, violation, accident and accident injury tables), which carry Cal/OSHA's state-plan inspections alongside federal ones. We load every inspection of a California worksite opened since January 1, 2000 and refresh it weekly. Employer names, addresses and industry codes are as the inspecting office recorded them; similar names are grouped where they clearly refer to the same employer. A citation can be reduced, vacated or withdrawn on appeal, and an inspection can stay open for months, so a record can change. Penalties shown as "current" reflect the latest status in the federal file. This page is public information about the employer's regulatory record, not legal advice and not a statement that any person was harmed or any law broken beyond what the record states.

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