Attachment 4

MEMORANDUM

DATE: June 5, 2019

TO: Julio Alfaro, Special Investigator, Bureau of Investigations (BOI)

FROM: Teresa Wassman, Supervising Special Investigator, BOI

Rocio Y. Garcia-Reyes, Assistant Chief Counsel, DIR-DOSH
and Administrative Chief for BOI

RE: Bureau of Investigations (BOI) Unit- Special Investigations Work Expectations Memo

As the Supervising Special Investigator, I am providing you with this memorandum to clarify the
expectations for work performance as a Special Investigator for the Bureau of Investigations (BOI). It is
my hope that clarifying the expectations will promote an effective working relationship.

As a Special Investigator, you are responsible for knowing, understanding, and abiding by fundamental
professional workplace standards and demonstrating professional behavior that supports a positive
workplace environment and promotes the highest standards of professionalism within the Division of
Occupational Safety and Health (Division).

The following is a representative, but not all inclusive, list of important work performance expectations:

1. BO! Must Adhere to Division Policies and Procedures.

The Bureau of Investigations (BOI) exists within the framework of the Division of Occupational Safety and
Health (DOSH). As a program within the Division, BOI is required to adhere to all Division's directives and
policies. Thus, BOI staff are required to follow all Division Policies and Procedures (P& P's) applicable to
the BOI unit and its staff.

2. Teamwork and Professionalism.

DOSH employees are expected to behave courteously and responsibly at all times. We all share a
responsibility to promote professionalism and address disruptive behaviors quickly. It is the policy of the
Division to provide all employees and members of the public with a safe and healthful environment that
fosters mutual respect, dignity, integrity and professional conduct. You are to share information and ideas
• with fellow staff and management to improve operations within the Division and you are to be open to
input from staff, the Division Chief, the Bureau Chief, Assistant Chief Counsels, BOI Supervising Special
Investigator, BOI assigned attorneys, legal unit attorneys, Enforcement personnel, and others.

BOI staff shall work cooperatively with legal unit staff at all times and be courteous and respectful. BOI
staff shall be respectful to all attorneys, managers, legal secretaries, and the Legal Support Supervisor.
The Legal Support Supervisor works directly with and for the Assistant Chief Counsels (and Bureau
Chief), the attorneys assigned to BO!, and supervises the Office Assistant assigned to BOI. The Legal
Support Supervisor's duties involve working with the BOI assigned staff.

BOI must also work cooperatively with Enforcement Personnel at all times. BOI is tasked with the
responsibility of conducting criminal field investigations for the purpose of preparing cases for criminal or
civil prosecution under Labor Code sections 6423, 6425, and other penal statutes. (See 8 C.C.R. §
344.51.) Generally, BOI field investigations are conducted within the same timeframe as Enforcement
investigations. For this reason, it is imperative that in order to further the mission of the Division, BOI staff
work cooperatively and professionally with Enforcement staff at all times. This includes: notifying

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Enforcement staff per the Live Update immediately upon learning of an incident that requires reporting to
DOSH; notifying Enforcement, if upon arrival at a scene, BOI is unsure if compliance personnel are en
route or have been notified; working cooperatively and professionally with Enforcement staff who are at
the scene; and, following the Division's evidence collection procedures (see P&P C-1A, section F (12).)

3. Chain of Command for Contacts and Communications Within and Between Organizational
Units.

To maximize effective communication within, and between, the organizational branches of the Division,
DOSH employees shall ensure that work-related information is communicated to other Division
employees through the proper supervisory chain of command structure that exists in the particular
Division organizational branch. You are expected to direct communications and concerns to your
immediate supervisor. It is generally unacceptable to bypass a level of supervision and go directly to a
higher level.

4. Compliance with Duty Statements

BOI staff is required to perform all the essential tasks described in your current duty statement. The most
current Special Investigator duty statement was revised by the BOI Unit and adopted by the Division on
October 17, 2016. (Attached hereto.)

Pursuant to the current duty statement and title 8 section 344.50, BOI investigators do not conduct
inspections; compliance personnel are responsible for conducting inspections. (See P&P C1-A). BOI
investigators conduct criminal investigations.(8 C.C.R. 344.51.). Assessing the safety of a worksite is not
part of your duties; therefore, you will refrain from declaring that a worksite is safe. The essential and non-
essential tasks in your current duty statement are consistent with, and appropriate for, the Special
Investigator classification.

5. Completing Travel Logs, Form STD 273

BOI staff must complete all appropriate travel logs (STD 273) on a daily basis. DOSH is required to keep
a detailed record of all usage pursuant to Title 2 C.C.R. Section 599.807 and the State Administrative
Manual Section 4107. Special Investigators must record the daily mileage traveled, the date and time of
travel, itinerary, and any information regarding overnight storage and identify the name of the driver for
every trip. You will submit your fully completed monthly travel log to your immediate supervisor for review
and approval. Once approved, the travel logs will be submitted at the end of every month to Janice Teh.

6. Case Review

BOI staff will commence having case review every two months with the geographically designated legal
unit BOI attorney. All BOI investigators and the BOI Supervising Investigator will be in attendance, unless
their attendance is specifically excused. This process Will begin July 2019. The attorney will review the
status of all pending investigations and answer any legal questions.

7. Reports and Referrals to District Attorney

Prior to submitting reports and/or referrals to the appropriate District Attorney office, Special
Investigators shall submit all reports and/or referrals (in Microsoft Word format) to the Supervising Special
Investigator (SSI) for review, evaluation and approval. After review and approval by the SSI, the SSI will
forward the final approved report in Microsoft Word format to the Bureau Chief/DOSH Assistant Chief
Counsel for review. The Bureau Chief and/or his/her designee will review the report and return the report
to the Supervising Special Investigator within ten (10) business days of receipt of a Microsoft Word
version of the report, unless a shorter time frame is required. If any changes are recommended by the
reviewer, the reviewer and SSI and/or the assigned investigator may meet to discuss the changes. All
appropriate changes shall be made by either the SSI and/or the assigned investigator. The final version

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 Attachment 4

with the cover letter will be presented to the Bureau Chief or his/her designee for a wet signature prior to
sending the Report to the appropriate District Attorney's office.

8. Observance of Workhours and Teleworking

Business hours are 8:00 a.rn. to 5:00 p.m., Monday through Friday. Thus, when BOI staff are not in the
field conducting investigations or on other preapproved authorized DOSH business, they shall be at their
assigned headquarter Division office. Once the investigator has determined their schedule for the day or
week, they shall email it to the Supervising Special Investigator and the Office Assistant. The Office
Assistant will complete the attendance white-board with the Special Investigator's location for the day
and/or week.

With prior preapproval and under appropriate circumstances, Special Investigators may be approved for
casual telework on a temporary and/or episodic basis as their workload permits. With prior preapproval,
investigators may work at a location other than their normal working headquarters. Investigators may
telework from home or from a district office. In order to participate in an authorized telework assignment
all of the required Telework Agreement forms must be completed in advance by an employee and
submitted to their supervisor and Division Chief for review and approval. Please refer to the Telework
Policy and Procedures for more information and direct any questions about DOSH's implementation of
the DIR Telework Program to Tracy Kwon in DOSH Administration at (510) 286-6718.

Absent unforeseen circumstances requiring an investigator to work from or nearer to home, all requests
for casual telework, typically for one day or a partial day, must be made to the Supervising Special
Investigator at least 24 hours in advance. The request must include an explanation of why it is necessary
for the investigator to telework and a description of the work they will be doing. The SSI will respond to
the request in writing prior to the telework occurring.

9. Accountability

As a Special Investigator, you are responsible for keeping the Supervising Special Investigator apprised
of your schedule and whereabouts through direct communication and thorough use of the Microsoft
Outlook calendar. You are required to provide the Supervising Special Investigator and Office Assistant
continuous access to your Microsoft Outlook work calendar.

10. BOI Files

BOI staff shall maintain all files where they can be accessed by staff assigned to the BOI unit. Digital files
shall be maintained and stored in the BOI share drive (BOI (\\COE1 NCO) (J :)). Staff assigned to the BOI
unit, including but not necessarily limited to, all investigators assigned to BOI, the Supervising Special
Investigator, all attorneys assigned to BOI, any clerical person assigned to BOI, and the Bureau Chief
shall have full access to BOI physical and digital files at all times.

11. Compliance

As a Special Investigator, your job duties include working collaboratively and cooperatively to improve the
operations of BOI within the Division.

Immediate compliance with the list below and the above outlined expectations is required in order to
support the efficient operation of the Division.

1. Comply with Division Policies & Procedures at all times. Division P&P's can be found at:
https ://www. d ir.ca. gov/sam ples/search/q ueryp np. him.

2. Work cooperatively with Enforcement staff, compliance personnel, and Legal Unit Staff at all
times.

3. Comply with the Special Investigator Duty statement attached hereto.

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 Attachment 4

4. Refrain from declaring that a worksite is safe.

5. Complete daily travel logs and record mileage usage for each trip, i.e. complete STD 273 and
submit the documentation at the end of every month.

6. Participate in bi-monthly case review as described herein.

7. Follow the procedures described herein for submitting reports for review and approval prior to
submitting them to the appropriate District Attorney's office.

8. Comply with Division office hour and teleworking policies and procedures as described herein at
all times.

9. Maintain B01 files on State issued computers and share drives, providing access to appropriate
B01 assigned staff at all times.

Please let me know if you have any questions.

Supervisor's Signature

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 Attachment 4
DUTYSTATEMENT

Department of Industrial Relations

Division of Occupational Safety and Health

Bureau oflnvestigations Unit .

SPECIALINVESTIGATOR

Under the supervision of the Supervising Special Investigator. Bureau of Investigations, 1) when
designated as Lead person, performs a lead role over Bm·eau investigators conducting criminal field
investigations, or 2) in an assigned major geographical area, has independent responsibility for
responding either alone or with Division Safety Engineer and lndustri'al Hygienist staff to worksite
fatalities, to conduct criminal investigations related to occupational safety and health orders. rules.
regulations and laws; and conduct criminal investigations of incidents involving serious il1iuries
when such are assigned for investigation; •

40% Gathers evidence including photographs, measurements. statements of witnesses, victims.

and suspects;

30% Prepares detailed comprehensive written reports;

15% Petforms skip traces, locates witnesses, examines records of employers tmd government
agencies, and participates in the execution of search warrants;

10% Develops and maintains working relationships and cooperation with federal. state. local law
enforcement agencies, prosecutors, employees, and their representatives;

5% Serves subpoenas, presents testimony in hearings and court; and does other trial related work.

Specific Assignment 35% to 55%

Conduct criminal investigations of fotal or serious il\iury incidents that occur in the workplace
(driving, sitting, balance and carrying required). Travel throughout the state responding on·
weekdays, weekends and afrcr hours, conducting investigations, gathering evidence, obtaining
recorded interviews of corporate management, co-workers, witnesses, and family members.
Requires the ability to walk long distances (minimum 2 miles) on uneven surfaces, climb multiple
flights of stairs, crawl under equipment and into small tight spaces, bend. stoop, cm;y awkward
equipment weighing up to 40 pounds, work under a variety of environmental conditions, including
extreme hot/cold temperat11res,rain, wind, noise, vibration, standing for hours while wem'ing steel
toed boots, other personal protective equipment including respirator, hard hat and safety glasses. The
employee may be exposed to strong odors, dust, smoke. and fumes. While at the incident site,
employees are exposed to dead bodies, body parts, bodily fluids and other biological materials.
Overnight travel and driving 6-8 hours may be required. Examine m1danalyze, CCR Title 8, Labor
Codes, penal codes, police reports, rep01is by other agencies, and material obtail1ed during the
investigation.

Revised l0,7.2016
 Attachment 4

Prepare Reports 20%-30% (sitting and typing required)

Write detailed written reports encapsulatingthe informationobtained during the investigation with
spcci.5cityto meet the crimhml burden, verballypresent the case to the prosecuting amhcrity,
address issues raised by the :;irosecuti:ng
authority, and testify in court.

Prepareand Analp;edocumentsand information10%,15-%

Prepare and serve subpoenas, assist in prepadng searc11wam_llltaffidavits and participates in search
warnmts, locate wi1nesses;develop questionsfor interviews,and other related work.

Functional!'Cquiremcnts
The bcumbcnt works 40 hours a week; up to 20 hours per week in an office setting, with artificial
light and temperature control and approximately20 hours a week in the field, whlch includes
sitting/dJ'ivingand walking. Daily access to and use of a computer and telephoneis essential.

PhysicalDemands:
Ti1cposition of Investigator must be free from physical, emotional or mental conditions, An
employee must be able to demonstrate his/her ability to perform various physical tasks, In an 8 hour
work shift, an employee,vill routinely:
Stand/Walk: Occasio11ally
Sit: Continuously
Drive: Frequently
Bend/Stoop: Occasionally
Crawl: Occ,:sionally
Reach/Sttctch: Occasionally
Balance: Occasioruilly
P1.ish/P111l;• Occasionally
Carry: Continuously, up to 40 pounds
Lift: Continuously, up to 40 pounds
Kneel: Occa.<iionally
Twist:. Occasionally
Foot movement: Occasionally,the employeewill use repetitive foot movements while driving
a vehicle and while responding to incident locations.
Hand Manipulation: The en:ployec uses hands for fine motor skills including handwriting notes
and typing reports.

Otherinformation
The incumben.troutfrtelyworks with sensitive and e<mfidentialissues and/or materials which include
graphic medical procedures such as at,topsies and medical records. The incumbC'utis expected to
maintain fae.privacy and con:fidentialilyof documents and topics pertaining to indivic:cuals orto
sensitive investigativematters, The position requires working in aml driving to various locations
throughoutthe state on odd or irregular hours. The incumbent is requil'edto maintain regulaxand
consistent attendance;report to work on time; work his/her full clayand work under chmxging
priorities and deadlines. In ru.lditlon,tbe incumbent is requiredto dress and act professionally,work
cooperativelywlth other, and exhibit courteous behavior towards coworkei-s.Incumbent must be
knowledgeableand proficient in the use of personal comp,iters and standard software. A valid
Californiad1'iver'slicense is required.

Rev 10,7.2016