1375 55th Street

Emeryville, California 94608

TELEPHONE: (510) 337-1001
FACSIMILE: (510) 337-1023
Concepción E. Lozano-Batista
clozano@unioncounsel.net

STEWART WEINBERG
DAVID A. ROSENFELD
WILLIAM A. SOKOL
January 29, 2021
ANTONIO RUIZ
MATTHEW J. GAUGER
ASHLEY K. IKEDA
LINDA BALDWIN JONES
VIA ELECTRONIC FILING
PATRICIA A. DAVIS
ALAN G. CROWLEY
KRISTINA L. HILLMAN ♣
BRUCE A. HARLAND
CONCEPCIÓN E. LOZANO-BATISTA
Mr. Dennis McComb, District Manager
CAREN P. SENCER
ANNE I. YEN
KRISTINA M. ZINNEN
Cal/OSHA San Francisco District Office
JANNAH V. MANANSALA
MANUEL A. BOÍGUES▼ 455 Golden Gate Avenue, Room 9516
KERIANNE R. STEELE♣
GARY P. PROVENCHER
EZEKIEL D. CARDER►
San Francisco, CA 94102
LISL R. SOTO
JOLENE KRAMER
ALEJANDRO DELGADO
Email: DOSHSF@dir.ca.gov
CAITLIN E. GRAY
TIFFANY L. CRAIN♣

________________

XOCHITL A. LOPEZ
Re: Imminent Hazard Complaint-San Francisco Public Works Employees
DAVID W.M. FUJIMOTO
ALEXANDER S. NAZAROV
THOMAS GOTTHEIL (1986-2019)
JERRY P.S. CHANG
ANDREA C. MATSUOKA
Dear District Manager McComb:
KATHARINE R. McDONAGH
BENJAMIN J. FUCHS♠
CHRISTINA L. ADAMS▼
WILLIAM T. HANLEY
ABEL RODRIGUEZ
This firm represents members of the Laborers International Union, Local
ANDREW D. WEAVER
COREY T. KNISS
BISMA SHAHBAZ
261, who are employed by the San Francisco Department of Public Works (“SF
SEAN W. McDONALD◄
Public Works”) pursuant to collective bargaining agreements with the City and
________________

OF COUNSEL County of San Francisco (“City”). On their behalf Laborers Local 261 submits the
ROBERTA D. PERKINS
NINA FENDEL
following Imminent Hazard Complaint regarding a current “Outbreak” as that term
ROBERT E. SZYKOWNY
ANDREA K. DON is defined by AB685, COVID-19 Infection Prevention Requirements, and COVID-
LORI K. AQUINO

________________
19 Emergency Temporary Standards (ETS), updated as of 1/8/2021, and the City’s
failure to fully comply with legal response requirements.
 Admitted in Hawaii
♣ Also admitted in Nevada
▼ Also admitted in Illinois
► Also admitted in New York and
Alaska
This Imminent Hazard Complaint is related to the Complaint, filed on July
♠ Also admitted in Minnesota
◄ Admitted in Nevada and
Washington
28, 2020, and amended on July 30, 2020, regarding the City’s unacceptable and to-
date, continuing, failure to provide approximately 350 Local 261 City employees
with reasonable access to sanitary and safe restrooms and fully-stocked and
accessible handwashing stations during their shifts, despite the escalating cases of
COVID-19 in San Francisco and despite the recent outbreak at SF Public Works. A
copy of that Complaint and the letter amendment are attached.

The recent outbreak is due in part to the City’s violations, and Cal/OSHA’s
inability to enforce the law and require the City’s compliance, that there have been
no less than nine laboratory-confirmed cases of COVID-19 in the last three weeks
involving employees working in the following SF Public Works job categories: 7514
General Laborer, 7281 Street Environmental Services Operations Supervisor, 7355
Truck Driver, 7215 General Laborer Supervisor I, and two unidentified
classifications. These employees worked at the following locations: 2323 Cesar
Chavez Maintenance Yard in Building B, Building A, Locker Rooms, Training
Trailer, vehicles, and numerous locations throughout the City and yet the City has
only made efforts to clean a very limited number of these Exposed Workplaces and
has not supplied the resources or appropriate staffing to thoroughly clean and
disinfect all contaminated areas. The number of Local 261 employees will escalate if
Cal/OSHA does not take immediate action to compel the City into complying with

LOS ANGELES OFFICE SACRAMENTO OFFICE HONOLULU OFFICE

800 Wilshire Boulevard, Suite 1020 431 I Street, Suite 202 220 South King Street, Suite 901
Los Angeles, CA 90017-2607 Sacramento, CA 95814-2341 Honolulu, HI 96813-4500
TEL 213.380.2344 FAX 213.443.5098 TEL 916.443.6600 FAX 916.442.0244 TEL 808.528.8880 FAX 808.528.8881
 Mr. Dennis McComb
Cal/OSHA San Francisco District Office
January 29, 2021
Page 2

the current emergency regulations. As of January 25, 2021, one of Local 261’s members is
currently hospitalized as a result of their COVID-19 infection. Moreover, the City has not
provided requisite notice to Local 261 members regarding the outbreak or offered the necessary
testing pursuant to Section 8. In short, Local 261 is extremely concerned about the welfare of its
members and requests that Cal/OSHA take action immediately.

I. Legal Standard

Cal/OSHA Interim General Guidelines on Protecting Workers from COVID-19, May 14,
2020: “Regardless of COVID-19 risk, all employers must provide washing facilities that have an
adequate supply of suitable cleaning agents, water and single-use towels or blowers.”

In support of this Guideline, Cal/OSHA cites to California Code of Regulations, title 8,

Section 3366, “Washing Facilities” requires that washing facilities, in good working order and in
a sanitary condition, be made reasonably accessible to all employees.

This Complaint is also based on Cal/OSHA’s COVID-10 Infection Prevention

Requirements, COVID-19 ETS, updated as of January 8, 2021, and Cal Code, title 8, Subchapter
7, Sections 3200-3206.

II. Additional Cal/OSHA-Required Information

a) Name, address, and telephone number of the worksites:

The nine employees who tested positive worked at the following worksites all report to
2323 Cesar Chavez, San Francisco, California 94124. Two positive cases work in the
dispatch office in Bldg. B. All employees at the jobsite are in close proximity to dispatch
and report to Bldg. B when signing in/out, being dispatched, using key watcher to check
vehicle keys in and out and using the locker rooms/restrooms. Seven of the positive cases
traveled extensively over the 10-acre parcel at 2323 Cesar Chavez and were reportedly in
numerous buildings and indoor areas, during their infectious period. Six of the known
cases reported to Building B and were dispatched to work in various locations throughout
the City.

The majority of the approximately 350 employees at issue are dispatched from the San
Francisco Public Works maintenance yard located at 2323 Cesar Chavez, San Francisco,
California 94124. Tel: (415) 695-2003.

Accordingly, the exposure worksites are Building B Dispatch, Upstairs, Locker-Rooms,

Restroom, Hallway, and Building A, Sandy Quadra Training Trailer and potentially other
buildings at the maintenance yard.

b) Type of business:

Governmental (municipal)
 Mr. Dennis McComb
Cal/OSHA San Francisco District Office
January 29, 2021
Page 3

c) Name and job title of the manager at the worksites:

Alaric Degrafinried, Interim Director, San Francisco Public Works. (415) 554-6920.

d) Your name, address, telephone number, and email address:

Concepcion E. Lozano-Batista, Esq.

Weinberg, Roger & Rosenfeld, A Professional Corporation
1375 55th Street
Emeryville, CA 94608
Phone: (510) 337-1001
Email: clozano@unioncounsel.net

e) Detailed description of the hazard:

Please see above.

f) If worksite is large, the specific location of the hazard:

Building B Dispatch, Upstairs, Locker-Rooms, Building A, Sandy Quadra Training

Trailer.

g) Operations, equipment, machinery, and chemicals used at the worksite:

Employees are exposed to biohazards, including human and animal feces and urine. At
issue here is the employees exposure to COVID positive co-workers during their
infectious periods.

h) Work tasks performed near the hazard:

A variety of cleaning and maintenance tasks.

(i) How often the work tasks are performed and for how long at any one time:

Daily; durations vary.

j) Number of work shifts, the time that each shift begins, and the shift when the
hazard occurs:

Numerous shifts on a 24/7 basis.

k) Number of employees at the worksite, number of employees who may be exposed

to the hazard, and how close the employees are to the hazard:

Approximately 200+ employees have been potentially exposed to the nine positive
employees.
 Mr. Dennis McComb
Cal/OSHA San Francisco District Office
January 29, 2021
Page 4

l) Employees injured or having symptoms caused by the hazard and whether the
employees have received medical treatment for their injuries or symptoms:

The specific symptoms of the nine positive employees are unknown and the medical
treatment they have received is unknown. One employee is currently hospitalized due to
COVID-19.

m) How long the hazard has existed, whether the employer knows about the hazard,
and whether the employer has tried to correct the hazard:

On January 1, 2021, Superintendent, Peter Lau notified employees that “share the
information that a coworker has tested positive for COVID-19.” The City Administrators
Office sent notice to the Union on January 6, 2021, with the same limited information.

On January 8, 2021, Superintendent, Peter Lau notified the DPW Ops Yard-All that an
employee testified positive for COVID-19 and was at the worksite, Building B (Upstairs
Offices and Hallway), Building A (Hallways, Restroom and SES Admin Offices), and
Sandy Cuadra Training Trailer during their potentially infectious period from 1/5/21 to
1/7/21. The City Administrators Office notified the Union of this on January 11, 2021.

On January 10, 2021, Superintendent, Peter Lau notified the DPW Ops Yard-All that a
coworker at the worksite tested positive for COVID-19 and that the positive employee
was at the worksite and Building B (Hallway, Locker Room, Restroom and Night
Dispatch Office ) during their potentially infectious period from 1/6/21 to 1/8/21. The
City Administrator’s Office notified the Union of this on January 11, 2021.

On January 11, 2021, Superintendent of Bureau of Street Environmental Services, Peter

Lau, notified the DPW Ops Yard-All that a coworker at the worksite tested positive for
COVID-19 and that the positive employee was at the worksite and Building B (Hallway,
Locker Room, and Restroom) during their potentially infectious period on 1/6/21. The
City Administrator’s Office notified the Union the same day, two hours later.

On January 12, 2021, Superintendent of Bureau of Street Environmental Services Peter

Lau, notified the DPW Ops Yard-All hat a coworker at your worksite has tested positive
for COVID-19. Please be advised that the positive employee was at the worksite and
Building B (Hallway, Locker Room, and Restroom) during their potentially infectious
period on 1/11/21. The City Administrator’s Office notified the Union on the same day,
an hour and a half later.

On January 13, 2021, Superintendent of Bureau of Street Environmental Services, Peter

Lau, notified the DPW Ops Yard-All that a coworker at the worksite tested positive for
COVID-19 and that the positive employee was at the worksite, Building B (Upstairs
Offices, Hallway, and Restroom), Building A (Hallway and SES Admin Offices), and
Sandy Cuadra Training Trailer during their potentially infectious period from 1/10/21 to
1/12/21. The City Administrator’s Office notified the Union on January 14, 2021.
 Mr. Dennis McComb
Cal/OSHA San Francisco District Office
January 29, 2021
Page 5

On January 25, 2021, Assistant Superintendent of Bureau of Street Environmental

Services, Kenneth Bruce, notified Local 261 that they had notified employees that an
employee had tested positive for COVID-19 and that the positive employee was at the
worksite, Building B Upstairs offices, Hallway, Restroom, Building A Hallway and SES
Admin Offices during their potentially infectious period from January 16, 2021 to
January 18, 2021.

On January 25, 2021, Assistant Superintendent of Bureau of Street Environmental

Services, Kenneth Bruce, notified Local 261 that they had notified employees that an
employee had tested positive for COVID-19 and that the positive employee was at the
worksite, Building B Dispatch, Hallway and Restroom during their potentially infectious
period from January 19, 2021 to January 18, 2021.

n) How long you expect the hazard will continue to exist at the worksite:

Indefinitely.

o) If there is an employee bargaining unit representative for the worksite, the

person's name and contact information

Theresa Foglio-Ramirez
City Representative/Business Agent
LiUNA!, Local 261
3271 18th Street
San Francisco, CA 94110
Cell: (415) 823-7566
Office: (415) 826-4550
Fax: (415) 826-1948
Email: laborers261@gmail.com

III. Conclusion

For the foregoing reasons, Laborers Local Union 261, on behalf of its members working
for the City in the above-referenced classifications, respectfully requests that Cal/OSHA respond
to the instant complaint by commencing an immediate investigation and thereafter, bringing an
enforcement action against the City. Even prior to the Outbreak the City was deficient in
complying with the pre-outbreak requirements where mask-wearing was not enforced and hand-
washing facilities were not readily available.

We request that Cal/OSHA mandate that the City immediately comply with Cal. Code
Section 3205 et seq., and the COVID-19 ETS and as a result of the City’s non-compliance, issue
citations with monetary penalties without the15 day pre-citation notice. The City’s history of
non-compliance over the past nine months demonstrates that nothing short of the strictest
penalties available to Cal/OSHA will compel the City to comply with the law.
 Mr. Dennis McComb
Cal/OSHA San Francisco District Office
January 29, 2021
Page 6

Thank you for your prompt attention to this matter. Please do not hesitate to contact me
or Ms. Foglio-Ramirez with any questions or concerns.

Sincerely,

Concepción E. Lozano-Batista

CEL:lcg

Exhibit A: July 28, 2020 Complaint

Exhibit B: July 30, 2020 Amendment to Complaint

cc: Ramon Hernandez, Laborers Local 261

Theresa Foglio-Ramirez, Laborers Local 261
150058\1141354

DOCSNT\LB0261\150058\1141354.v1-1/29/21
Exhibit A
 1001 Marina Village Parkway, Suite 200
Alameda, California 94501
TELEPHONE: (510) 337-1001
FACSIMILE: (510) 337-1023
Concepción E. Lozano-Batista
clozano@unioncounsel.net

STEWART WEINBERG
DAVID A. ROSENFELD
WILLIAM A. SOKOL
July 28, 2020
ANTONIO RUIZ

VIA EMAIL
MATTHEW J. GAUGER
ASHLEY K. IKEDA
LINDA BALDWIN JONES
PATRICIA A. DAVIS
ALAN G. CROWLEY
KRISTINA L. HILLMAN ♣
BRUCE A. HARLAND
CONCEPCIÓN E. LOZANO-BATISTA
Dennis McComb, District Manager
CAREN P. SENCER
ANNE I. YEN
KRISTINA M. ZINNEN
Cal/OSHA San Francisco District Office
JANNAH V. MANANSALA
MANUEL A. BOÍGUES▼ 455 Golden Gate Ave., Rm 9516
KERIANNE R. STEELE♣
GARY P. PROVENCHER
EZEKIEL D. CARDER►
San Francisco, CA 94102
LISL R. SOTO
JOLENE KRAMER
ALEJANDRO DELGADO
email:DOSHSF@dir.ca.gov
________________

CAROLINE N. COHEN
XOCHITL A. LOPEZ
CAITLIN E. GRAY
Re: Imminent Hazard Complaint - San Francisco Public Works Employees
TIFFANY CRAIN ALTAMIRANO♣
DAVID W.M. FUJIMOTO
ALEXANDER S. NAZAROV
THOMAS GOTTHEIL (1986-2019)
JERRY P.S. CHANG Dear District Manager McComb:
ANDREA C. MATSUOKA
KATHARINE R. McDONAGH
BENJAMIN J. FUCHS♠
CHRISTINA L. ADAMS▼
WILLIAM T. HANLEY
ABEL RODRIGUEZ
This firm represents members of the Laborers International Union, Local 261, who are
ANDREW D. WEAVER
COREY T. KNISS employed by the San Francisco Department of Public Works (“SF Public Works”)
________________
pursuant to collective bargaining agreements with the City and County of San Francisco
OF COUNSEL
ROBERTA D. PERKINS
(“City”) and are unable to access sanitary and safe restrooms during work hours. On
NINA FENDEL
TRACY L. MAINGUY*
ROBERT E. SZYKOWNY
their behalf Laborers Local 261 submits the following Imminent Hazard Complaint.
ANDREA K. DON
LORI K. AQUINO

I. Introduction
SHARON A. SEIDENSTEN

________________


♣
▼
Admitted in Hawaii
Also admitted in Nevada
Also admitted in Illinois
The affected San Francisco Public Works employees are the approximately 350
► Also admitted in New York and
Alaska employees in the following Laborers Local 261 classifications: Apprentice Arborist
* Also admitted in Florida
♠ Also admitted in Minnesota Technician I, Apprentice Arborist Technician II, Apprentice Gardener, Gardener, Park
Section Supervisor, Integrated Pest Management Specialist, Senior Integrated Pest
Management Specialist, Arborist Technician, Arborist Technician Supervisor, Arborist
Technician Supervisor II, General Laborer Supervisor I, Asphalt Finisher Supervisor I,
Sewer Repair Supervisor II, Street Environmental Services Operations Supervisor,
Asphalt Finisher, Sewer Maintenance Worker, Senior Sewer Maintenance Worker,
Environmental Service Worker, Asphalt Worker, General Laborer, Public Service Aide,
and Hod Carriers. Despite the variety in job titles and duties, these SF Public Works
employees share in common the fact that they all work in the field and the City has failed
to provide them with reasonable access to sanitary and safe restrooms during their shifts.
The City’s failure is particularly egregious, not only because it is a knowing and
deliberate violation of Cal/OSHA regulations, but because it violates the COVID-19
prevention guidelines issued by Cal/OSHA. The glaring lack of reasonable access to
sanitary and safe restrooms for bodily functions also impacts employees’ ability to
maintain personal hygiene, which is paramount, indeed mandatory during the COVID-19
pandemic. Nevertheless, every day the City turns a blind eye to the fact that its SF Public
Works employees are unable to wash their hands with soap and water, even before meal
times.
LOS ANGELES OFFICE SACRAMENTO OFFICE HONOLULU OFFICE
800 Wilshire Boulevard, Suite 1020 431 I Street, Suite 202 220 South King Street, Suite 901
Los Angeles, CA 90017-2607 Sacramento, CA 95814-2341 Honolulu, HI 96813-4500
TEL 213.380.2344 FAX 213.443.5098 TEL 916.443.6600 FAX 916.442.0244 TEL 808.528.8880 FAX 808.528.8881
 District Manager McComb
July 28, 2020
Page 2

It has always been the City’s practice to prohibit employees who work in the field from returning to
the San Francisco Public Works maintenance yard, where there are restroom facilities and a
breakroom for meals. The City’s position has been and remains that employees in the field should use
whatever public facilities they might come upon during their shifts, even if that means using the “pit
stops” and other portable facilities that the City erected specifically for the homeless population.
Suffice it to say, these public facilities are not only unsanitary, but unsafe, and fail to satisfy the
City’s legal obligation, as an employer, to provide washing facilities to employees. As a result, prior
to COVID-19, these employees took it upon themselves to find suitable restroom facilities,
establishing community relationships with local businesses to use their facilities, or purchasing food
or other items so that they could qualify as “customers” entitled to use the facilities. Due to the
pandemic, these alternatives are no longer viable solutions, as stores, coffee shops and restaurants are
often closed or unable to allow these employees to use their facilities.

Apart from the COVID-19 context, it goes without saying that female employees are disparately
impacted by the City’s Cal/OSHA violations because they cannot access facilities that allow them to
take care of their feminine hygiene needs when they are menstruating. In addition, medical studies
show that delays in urination can lead to urinary tract infections and in rare cases, rental failure, for
women and that all persons can suffer serious health consequences from delay in defecation. See
OSHA.gov, June 7, 2002, Standard Interpretations, “Mobile Crews must have prompt access to
nearby toilet facilities” at https://www.osha.gov/laws-regs/standardinterpretations/2002-06-07.

The City’s longstanding and continuing violations require urgent and immediate action by
Cal/OSHA, as every day the City’s number of COVID-19 cases rises, increasing the risk of infection
and illness for SF Public Works employees.

II. Legal Standard

Cal/OSHA Interim General Guidelines on Protecting Workers from COVID-19, May 14, 2020:

“Regardless of COVID-19 risk, all employers must provide washing facilities that have an adequate
supply of suitable cleaning agents, water and single-use towels or blowers.”

In support of this Guideline, Cal/OSHA cites to California Code of Regulations, title 8, Section 3366,
“Washing Facilities” requires that washing facilities, in good working order and in a sanitary
condition, be made reasonably accessible to all employees.

III. Additional Cal/OSHA-Required Information

a) Name, address, and telephone number of the worksites:

Employees work outdoors in six zones throughout the City. The majority of employees are
dispatched from the San Francisco Public Works maintenance yard located at 2323 Cesar Chavez,
San Francisco, CA 94124. Tel: (415) 695-2003.

b) Type of business:
 District Manager McComb
July 28, 2020
Page 3

Governmental (municipal)

c) Name and job title of the manager at the worksites:

Alaric Degrafinried, Interim Director, San Francisco Public Works.

(415) 554-6920

d) Your name, address, telephone number, and email address:

Weinberg, Roger & Rosenfeld, APC 1001 Marina Village Pkwy., Ste. 200 Alameda, CA 94501

clozano@unioncounsel.net

e) Detailed description of the hazard:

Please see above.

f) If worksite is large, the specific location of the hazard:

Throughout all work sites, city wide.

g) Operations, equipment, machinery, and chemicals used at the worksite:

Employees are exposed to biohazards, including human and animal feces and urine.

h) Work tasks performed near the hazard:

A variety of cleaning and maintenance tasks.

(i) How often the work tasks are performed and for how long at any one time:

Daily; durations vary.

j) Number of work shifts, the time that each shift begins, and the shift when the hazard
occurs:

Numerous shifts on a 24/7 basis.

k) Number of employees at the worksite, number of employees who may be exposed to

the hazard, and how close the employees are to the hazard:

Approximately 350, 1/3 of which are women.

l) Employees injured or having symptoms caused by the hazard and whether the
employees have received medical treatment for their injuries or symptoms:
 District Manager McComb
July 28, 2020
Page 4

Unknown at this time

m) How long the hazard has existed, whether the employer knows about the hazard, and
whether the employer has tried to correct the hazard:

On March 10, 2020, counsel for Laborers Local 261 sent a letter to City officials Micki Callahan
(Director of Human Resources), Carol Isen (Director, Employee Relations Division), and LaWanna
Preston (Deputy Director, Department of Human Resources) demanding an immediate meet and
confer regarding health and safety concerns due to COVID-19 and the exposure of Local 261
members to biohazards as they performed their work duties. (Exhibit A hereto). The letter
specifically identified as a problem the inability of Local 261 members to wash their hands, where
“employees work out in the field and do not have access to running water.”

On March 13, 2020, counsel for Laborers Local 261 sent a letter to Mayor Breed asking for health
and safety protections, due to the COVID-19 pandemic, for the DPW employees conducting the
clean-up work related to the homeless population, which included a request for reasonably accessible
handwashing stations. (Exhibit B hereto). The mayor’s office never formally responded to the letter.

During the months of March, April, May, June, and continuing to date, Theresa Foglio-Ramirez,
business representative for Local 261, made numerous requests by email and text messages to City
administrators to resolve the problem. Ms. Foglio-Ramirez has asked, indeed pleaded, with the
following individuals for an immediate solution: Alaric Degrafinried, Interim Director, SF Public
Works, Carol Isen, Employee Relations Director, Larry Stringer, Deputy Director of Operations,
Carla Short, Acting Deputy Director of Operations, and Peter Lau, Superintendent of BSES (Bureau
of Street and Environmental Services). Foglio-Ramierez spoke twice with Carol Isen over the phone,
on March 14, 2020 and again on July 2, 2020, and once with Carla Short, on April 7, 2020, reiterating
her requests for immediate relief to the ongoing hazard through the provision of safe and sanitary
restrooms available only to Local 261 members (i.e., not the general public). All of the above persons
gave lip service to acknowledging the problem and feigned interest in finding a solution. To date no
corrective action has occurred.

The City has also been made aware of the problem through media reports. On March 16, 2020,
Mission Local published an article, “COVID-19 and corruption: San Francisco, belatedly rushes to
cleanse itself,” in which it was reported that SF Public Works employees did not “have regular access
to running water or soap,” a condition that had possibly led to past cases of SARS and shigella in
employees. (Exhibit C hereto).

On July 1, 2020, the San Francisco Examiner published an article, entitled “DPW employees call for
more sanitary working conditions,” detailing the deprivation of reasonably accessible restroom
facilities for the workers at issue. (Exhibit D hereto).

Despite knowing in detail about the hazard for over four months, and the urgency of the situation, the
City has not made an effort to correct the ongoing violations.

n) How long you expect the hazard will continue to exist at the worksite:
 District Manager McComb
July 28, 2020
Page 5

Indefinitely.

o) If there is an employee bargaining unit representative for the worksite, the person's
name and contact information

Theresa Foglio-Ramirez

City Representative/Business Agent

LiUNA!, Local 261
3271 18th Street
San Francisco, CA 94110
(415) 823-7566 cell
(415) 826-4550 office
(415) 826-1948 fax
Email: laborers261@gmail.com

IV. Conclusion

For the foregoing reasons, Laborers Local Union 261, on behalf of its members working for the City
in the above-referenced classifications, respectfully requests that Cal/OSHA respond to the instant
complaint by commencing an immediate investigation and thereafter, bringing an enforcement action
against the City. Injunctive relief compelling the City’s immediate compliance with Cal/OSHA
requirements is also appropriate and necessary given the irreparable harm that is occurring daily and
the high potential for exposure to COVID-19 that these workers face. It is nothing short of
reprehensible that the City knowingly ignores the health and safety concerns of its own employees
during a global pandemic and that of its own populace where unwashed public employees traveling
and working throughout the City could unintentionally become spreaders of communicable diseases.

Thank you for your prompt attention to this matter. Please do not hesitate to contact me or Ms.
Foglio-Ramirez with any questions or concerns.

Sincerely,

Concepción E. Lozano-Batista

CEL:sma
opeiu 29 afl-cio(1)
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
 District Manager McComb
July 28, 2020
Page 6

150058\1098881

cc: Alan Crowley

Theresa Foglio
Ramon Hernandez
Exhibit B
 1001 Marina Village Parkway, Suite 200
Alameda, California 94501
TELEPHONE: (510) 337-1001
FACSIMILE: (510) 337-1023
Concepción E. Lozano-Batista
clozano@unioncounsel.net

STEWART WEINBERG
DAVID A. ROSENFELD
WILLIAM A. SOKOL
August 3, 2020
ANTONIO RUIZ
MATTHEW J. GAUGER
ASHLEY K. IKEDA
LINDA BALDWIN JONES
PATRICIA A. DAVIS VIA EMAIL
ALAN G. CROWLEY
KRISTINA L. HILLMAN ♣
BRUCE A. HARLAND
Dennis McComb, District Manager
CONCEPCIÓN E. LOZANO-BATISTA
CAREN P. SENCER
ANNE I. YEN
Cal/OSHA San Francisco District Office
KRISTINA M. ZINNEN
JANNAH V. MANANSALA 455 Golden Gate Ave., Rm 9516
MANUEL A. BOÍGUES▼
KERIANNE R. STEELE♣
GARY P. PROVENCHER
San Francisco, CA 94102
EZEKIEL D. CARDER►
LISL R. SOTO
JOLENE KRAMER
email:DOSHSF@dir.ca.gov
ALEJANDRO DELGADO

________________

CAROLINE N. COHEN
XOCHITL A. LOPEZ
Re: AMENDMENT to Imminent Hazard Complaint - San Francisco Public Works
CAITLIN E. GRAY
TIFFANY CRAIN ALTAMIRANO♣
DAVID W.M. FUJIMOTO
Employees Dated July 28, 2020
ALEXANDER S. NAZAROV
THOMAS GOTTHEIL (1986-2019)

Dear District Manager McComb:

JERRY P.S. CHANG
ANDREA C. MATSUOKA
KATHARINE R. McDONAGH
BENJAMIN J. FUCHS♠
CHRISTINA L. ADAMS▼
WILLIAM T. HANLEY
ABEL RODRIGUEZ
ANDREW D. WEAVER On behalf of the Laborers International Union, Local 261 members who are employed by
COREY T. KNISS

________________
the San Francisco Department of Public Works (“SF Public Works”) pursuant to
OF COUNSEL collective bargaining agreements with the City and County of San Francisco (“City”) we
ROBERTA D. PERKINS
NINA FENDEL filed an Imminent Hazard Complaint, dated July 28, 2020. This letter is an amendment
TRACY L. MAINGUY*
ROBERT E. SZYKOWNY
ANDREA K. DON
to that Imminent Hazard Complaint. To the list of 22 Local 261 classifications that are
LORI K. AQUINO
SHARON A. SEIDENSTEN affected by the City’s Cal/OSHA health and safety violations we hereby add the
________________
classification of Urban Forestry Inspectors. The remainder of the Imminent Hazard
 Admitted in Hawaii Complaint, dated July 28, 2020, is unchanged.
♣ Also admitted in Nevada
▼ Also admitted in Illinois
► Also admitted in New York and

Thank you for your prompt attention to this matter. Please do not hesitate to contact me
Alaska
* Also admitted in Florida
♠ Also admitted in Minnesota

or Ms. Foglio-Ramirez with any questions or concerns.

Sincerely,

Concepción E. Lozano-Batista

CEL:sma
opeiu 29 afl-cio(1)
150058\1099552
150058\1098881

cc: Alan Crowley

Theresa Foglio
Ramon Hernandez

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