State of California Department of Industrial Relations Division of Occupational Safety and Health Santa Ana District Office 2000 E. McFadden Avenue, Suite 122 Santa Ana, CA 92705 Phone: (714) 558?4451 Fax: (714) 558?2035 i CITATION AND NOTIFICATION OF PENALTY To: Third Rock Enterprises, Inc. James Deen Productions and Baby Panda Inspedion #3 1722 Enterprises C3nd Bryon Seville Inspection Date (5): 12/08/2015 03/02/2016 and its successors Issuance Date: 03/09/2016 1880 Century Park East, Suite 200 CSHO A9562 L05 Angelesl CA 90067 Optional Report 002?1 6 Reporting ID: 0950631 Inspection Site: The violation{s) described in this Citation and 5009 Cerrillos Dr. Notification of Penalty is {are} alleged to have Woodland Hills, CA 91364 occurred on or about the day/s) the inspection was made unless otherwise indicated within the description given below. This Citation and Notification of Penalty (hereinafter Citation) is being issued in accordance with California Labor Code Section 6317 for violations that were found during the inspection/ investigation. This Citation or a copy must be prominently posted upon receipt by the employer of or near the location of each violation until the violative condition is corrected or for three workina days, whichever is Ionaer. Violations of Title 8 of the California Code of Regulations or of the California Labor Code may result in some instances in prosecution fora misdemeanor. YOU HAVE A RIGHT to contest this Citation and Notification of Penalty by filing an appeal with the Occupational Safety and Health Appeals Board. To initiate your appeal, you must contact the Appeals Board, in writing or by telephone, within 15 working days from the date of receipt of this Citation. If you miss the 15 working day deadline to appeal, the Citation and Notification of Penalty becomes a final order of the Appeals Board, not subject to review by any court or agency. Informal Conference You may request an informal conference with the manager of the district office which issued the Citation within 10 working days after receipt of the Citation. However, if the citation is appealed, you may request an informal conference at any time prior to the day of the hearing. Employers are encouraged to schedule a conference at the earliest possible time to assure an expeditious resolution of any issues. At the informal conference, you may discuss the existence of the alleged violation, classification of the violation, abatement date or proposed penalty. See pages I through 4 of this Citation and Notification of Penalty for information an employer and employee rights and responsibilities. Citation and Notification of Penalty Page 1 of 19 Rev 12/2014 Be sure To bring To The conference ony ond supporfing documenToTion of exisTing condiTions as well 03 ony obofemenf sTeps Token Thus for. If condiTions we con enTer info on ogreemenf which resolves This moTTer wiThouT liTigoTion or conTesT. APPEAL RIGHTS The Occupdfionol SofeTy ond HeolTh Appeols Boord (Appeols Boord) consisTs of Three members oppoinTed by The Governor. The Appeols Boord is sepordTe enTiTy from The Division of Occupofionol SofeTy ond Heolfh (Division) ond employs experienced oTTorneys os odminisfrofive low judges To heor oppeols foirly ond imporTidlly. To iniTioTe on oppeol from CiToTion ond NoTificoTion of Penley, you musT conTocT The Appeols Boord, in wriTing or by Telephone, wiThin 15 working doys from The ddfe of receipT of CiToTion. AfTer you hove iniTioTed your oppeol, you musT Then file or compleTed oppedl form wiTh The Appeals Boord, of The oddress lisTed below, for each confesTed ciToTion. Foilure To file 0 compleTed oppeol form wiTh The Appeols Boord mdy resulT in dismissol of The oppeol. Appedl forms'ore ovoiloble from disTricT offices of The Division, or from The Appeals Boord: Occupofionol SofeTy ond HeolTh Appeols Boord 2520 VenTure Ooks Woy, SuiTe 300 SocromenTo, CA 95833 Telephone: (916) 274?5751 or (877) 252?1987 Fox: (916) 274?5785 if The Cifofion you ore oppeoling olleges more Thon one iTem, you musT specify on The oppeol form which iTems you ore oppeoling. You musT olso oTToch To The oppeol form legible copy of The CiToTion you ore oppeoling. In oddiTion, pledse send 0 copy of Poge of This CiToTion ond NoTificoTion of PenolTy, The cover sheeT. Among The specific grounds for on oppeol ore The following: The sofeTy order wos noT violofed, The clossificoTion of The olleged violoTion serious, repeoT, willful) is incorrecT, The oboTemenT requiremenTs ore unreasonable or The proposed penley is unreosonoble. ImporTanT: You musT noTify The Appeols Boord, noT The Division, of your inTenT To dppeol wiThin l5 working days from The doTe of receipf of The CiToTion. OTherwise, The CiToTion ond NoTificoTion of Penley becomes 0 findl order of The Appeols Boord noT subjecT To review by any courT or ogency. An informol conference wiTh The Division does noT consTiTuTe on oppeol ond does noT sfoy The 15 working ddy oppedl period. If you have ony quesTions concerning your oppeol righTs, coll The Appedls Board, of (916] 274-5751 or [877) 2521987. See poges Through A of This Cifofion NoTificoTion of Penolfy for informoTion on employer ond employee righTs ond responsibilifies. CiToTion NoTificoTion of Penolfy Page 2 of 19 Rev l2g?2014 PENALTY PAYMENT OPTIONS Penalties are due within 15 working days of receipt of this Citation and Notification of Penalty unless contested. If you are appealing any item of the citation, remittance is still due on all items that are not appealed. Enclosed for your use is a Penalty Remittance Form for payment. If you are paying electronically, please have the Penalty Remittance Form on?hand when you are ready to make your payment. The company name, inspection number, and Citation number(s) will be required in order to ensure that the payment is accurately posted to your account. Please go to to access the secure payment processing site. Additionally, you must also mail the Penalty Remittance Form to the address below. If you are paying by check, return one copy of the Citation, along with the Notice of Proposed Penalties Sheet and the Penalty Remittance Form and mail to: Department of Industrial Relations Cashier, Accounting Office P. O. Box 420603 San Francisco, CA 94142?0603 does not agree to any restrictions, conditions or endorsements put on any check or money order for less than the full amount due, and will cash the check or money order as if these restrictions, conditions, or endorsements do not exist. NOTIFICATION OF CORRECTIVE ACTION For violations which you do not contest, you should notify the Division of Occupational Safety and Health by letter that you have taken appropriate corrective action within the time frame set forth on this Citation and Notification of Penalty. Please inform the district office listed on the Citation by submitting the 160 and/or 161 forms with the abatement steps you have taken and the date the violation was abated, together with adequate supporting documentation, drawings or photographs of corrected conditions, purchase/work orders related to abatement actions, air sampling results, etc. The adjusted penalty for serious and general violations has already been reduced by 50% on the presumption that the employer will correct the violations by the abatement date. If the 161 is not received in the district office within 10 days following the abatement date, the abatement credit is revoked, causing the penalty to double. Note: Return the 160/161 forms to the district office listed on the Citation and as shown below: Division of Occupational Safety and Health Santa Ana District Office 2000 E. McFadden Avenue, Suite 122 Santa Ana, CA 92705 Telephone: (714) 558?4451 Fax: (714) 558?2035 See pages 1 through 4 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Citation and Notification of Penalty Page 3 of 19 Rev 12/2015r EMPLOYEE RIGHTS Employer Discrimination Unlawful - The law prohibiTs discriminafion by an employer againsT an employee for filing a complainf or for exercising any righTs under Labor Code Secfion 6310 or 63I I. An employee who believes Thaf he/she has been discriminafed againsT may file a complainf no laTer Than six (6) monThs afTer The discriminafion occurred wiTh The Division of Labor STandards Enforcemenf. Employee Appeals An employee or auThorized employee's represenTaTive may, wiThin l5 working days of The issuance of a ciTaTion, special order, or order To Take special acTion, appeal To The Occupafional Safefy and Healfh Appeals Board The reasonableness of The period of Time fixed by The Division of Occupafional SafeTy and HealTh (Division) for abafemenf. An employee appeal may be filed wiTh The Appeals Board or wiTh The Division. No parTicular formaT is necessary To iniTiaTe The appeal, buT The nofice of appeal be in wriTing. If an Employee Appeal is filed wiTh The Division, The Division shall noTe on The face of The documenf The dafe of receipT, include any envelope or oTher proof of The daTe of mailing, and promple TransmiT The documenf To The Appeals Board. The Division shall, no lafer Than IO working days from - receipT of The Employee Appeal, file wiTh The Appeals Board and serve on each parfy a clear and concise sTaTemenT of The reasons why The abafemenf period prescribed by if is reasonable. Employee Appeal Forms are available from The Appeals Board, or from a disTricT office of The Division. Employees Participation in Informal Conference - Affecfed employees or Their represenfafives may noTify The DisTricT Manager ThaT They wish To aTTend The informal conference. If The employer objecfs, a separafe informal conference will be held. DISABILITY ACCOMMODATION DisabiliTy accommodafion is available upon requesf. Any person wiTh a disabiliTy requiring an accommodafion, auxiliary aid or service, or a modificafion of policies or procedures To ensure effecTive communicafion and access To The programs of The Division of Occupafional Safefy and Healfh, should conTacT The DisabiliTy Accommodafion Coordinafor aT The local disTricT office or The STaTewide DisabiliTy Accommodafion Coordinalor aT T?866?326?i6l6 (Toll free). The STaTewide Coordinafor can also be reached Through The California Relay Service, by dialing 7i i 'or i?800?735- 2929 (TTY) or ITTY Spanish]. Accommodafions can include modificafions of policies or procedures or provision of auxiliary aids or services. Accommodafions include, buT are noT limifed To, an Assisfive Lisfening Sysfem (ALS), a Compuler?Aided Transcripfion SysTem or Communicafion Access RealTime Translafion (CART), a sign?language inTerpreTer, documenfs in Braille, large prinf or on compufer disk, and audio casseTTe recording. Accommodafion requesfs should be made as soon as possible. RequesTs for an ALS or CART should be made no laTer Than five (5) days before The hearing or conference. See pages I Through 4 of This CiTaTion and NoTificaTion of Penalfy for informafion an employer and employee righfs and responsibilifies. Cilaiion and Nofificafion of Penalfy Page 4 of 19 Rev 12120I4 State of California Inspection 1 1 1 1722 Department of Industrial Relations Inspection Dates: 12/08/2015 - 03/02/2016 Division of Occupational Safety and Health Issuance Date: 03/09/2016 Santa Ana District Office CSHO ID: A9562 2000 E. McFadden Avenue, Suite i22 Optional Report 002?] 6 Santa Ana, CA 92705 Phone: (714] 558-4451 Fax: (714) 558-2035 Citation and Notification of Penalty Company Name: Third Rock Enterprises, Inc. Establishment DBA: James Deen Productions and Baby Panda Enterprises and Bryan Sevilla and its successors Inspection Site: 5009 Cerrillos Dr. Woodland Hills, CA 91364 Citation 1 Item 1 Type of Violation: Regulatory ?340. Contents and Posting Requirements of Notice. Each employer must post at least one Notice Notice} in each establishment in a conspicuous place where notices to employees are customarily posted. "Establishment" as used in this regulation means a single physical location where business is conducted or where services or industrial operations are performed. Where employers are engaged in activities which are physically dispersed such as construction or transportation, the notice required by this section shall be posted at each location to which employees report each day. Where employees do not usually work at, or report to, a single establishment, such notice or notices shall be posted at the location or locations from which the employees operate to carry out their activities. Prior to and during the course of the inspection, including, but not limited to, on January 12, 2016, the Employer failed to post in a conspicuous location in the establishment [5009 Cerrillos Dr. Woodland Hills) at least one Notice Notice) as required by this section. Date By Which Violation Must be Abated: April 13, 2016 Proposed Penalty: $350.00 See pages 1 through 4 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Citation and Notification Of Penalty Page 5 of 19 Rev 12/2014 State of California Inspection i 1 1 i722 Department of Industrial Relations Inspection Dates: 12/08/2015 03/02/2016 Division of Occupational Safety and Health Issuance Date: 03/09/2016 Santa Ana District Office CSHO ID: A9562 2000 E. McFadden Avenue, Suite 122 Optional Report 002-16 Santa Ana, CA 92705 Phone: (714) 558?4451 Fax: {714) 558?2035 Citation and Notification of Penaltv Company Name: Third Rock Enterprises, Inc. Establishment DBA: James Deen Productions and Baby Panda Enterprises and Bryan Sevilla and its successors Inspection Site: 5009 Cerrillos Dr. Woodland Hills, CA 91364 Citation 1 Item 2 Type of Violation: Regulatory Forms. (0) Basic Requirement. You must use 300, 300A, and 301 forms, or equivalent forms, for recordable injuries and illnesses. The Form 300 is called the Log of Work?Related Injuries and Illnesses, the Form 300A is called the Summary of Work?Related Injuries and Illnesses, and the Form 301 is called the Injury and Illness Incident Report. Reference: Appendix A - for Title 8 Sections ??14300 14300.48 Appendix A Log 300; and Appendix Log and Appendix Log 301 Prior to and during the course of the inspection, including, but not limited to, on January 12, 2016, the Employer failed to use a 300, 300A and 301 form, or equivalent forms, for recordable injuries and illnesses. Date By Which Violation Must be Abated: April 13, 2016 Proposed Penalty: $350.00 See pages 1 through 4 of this Citation and Notification of Penalty for information an employer and employee rights and responsibilities. Citation and Notification of Penalty Page 6 of 19 Rev 12f2014 State of California Inspection i T722 Department of Industrial Relations Inspection Dates: l2/08/20l5 03/02/2016 Division of Occupational Safety and Health Issuance Date: 03/09/20l 6 Santa Ana District Office CSHO ID: A9562 2000 E. McFadden Avenue, Suite 122 optional Report 002-16 Santa Ana, CA 92705 Phone: (714) 558?445l Fax: (714) 558?2035 Citation and Notification of Penaltv Company Name: Third Rock Enterprises, inc. Establishment DBA: James Deen Productions and Baby Panda Enterprises and Bryan Sevilla and its successors Inspection Site: 5009 Cerrillos Dr. Woodland Hills, CA 91364 Citation i Item 3 Type of Violation: Regulatory 14300.40. Providing Records to Government Representatives. Basic requirement. When an authorized government representative asks for the records you keep under the provisions of this article, you must provide within four (4) business hours, access to the original recordkeeping documents requested as well as, if requested, one set of copies free of charge. Reference: ?l4300.40(b) The government representatives authorized to receive the records are: (A) A representative of the Chief of the Division of Occupational Safety and Health, or of the Director of the Department of Health Services: and (B) A representative of the Secretary of the US. Department of Labor conducting an inspection or investigation under the Act; and (C) A representative of the Secretary of the US. Department of Health and Human Services (including the National Institute for Occupational Safety and Health conducting an investigation under Section 20(b) of the Act; Prior to and during the course of the inspection, including, but not limited to, on December 8, 20l 5, December 14, 20l 5, and December l6, 2015, the Employer failed to: provide access to the original recordkeeping documents when requested; and (2) provide one set of copies free of charge, as requested by an authorized representative of the Chief of the Division of Occupational Safety and Health. Date By Which Violation Must be Abate-d: . March 21, 2016 Proposed Penalty: $350.00 See pages through 4 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Citation and Notification of Penalty Page 7 of19 Rev 12/2014 State of California Inspection 1 1 1 1722 Department of lndustrial Relations Inspection Dates: 12/08/2015 - 03/02/2016 Division of Occupational Safety and Health Issuance Date: 03/09/2016 Santa Ana District Office CSHO ID: A9562 2000 E. McFadden Avenue, Suite 122 optional Report 0024 6 Santa Ana, CA 92705 Phone: (714) 558?4451 Fax: {714) 5582035 Citation and Notification of Penaltv Company Name: Third Rock Enterprises, Inc. Establishment DBA: James Deen Productions and Baby Panda Enterprises and Bryan Sevilla and its successors Inspection Site: 5009 Cerrillos Dr. Woodland Hills, CA 91364 Citation 1 Item 4 Type of Violation: General ?3400. Medical Services and First Aid. There shall be adequate first-aid materials, approved by the consulting physician, readily available for employees on every job. Such materials shall be kept in a sanitary and usable condition. A frequent inspection shall be made of all first?aid materials, which shall be replenished as necessary. Prior to and during the course of the inspection, including, but not limited to, on January 12, 2016, the Employer failed to ensure there were adequate first?aid materials, approved by the consulting physician, and that first?aid materials were readily available for employees on every job; Date By Which Violation Must be Abated: April 13, 2016 Proposed Penalty: $350.00 See pages 1 through 4 of this Citation and Noti?cation of Penalty for information on employer and employee rights and responsibilities. Citation and Notification of Penalty Page 8 of 19 Rev 12/2014 State of California Inspection I 1 I722 Department of Industrial Relations Inspection Dates: l2/08/20l5 03/02/2016 Division of Occupational Safety and Health Issuance Date: 03/09/2016 Santa Ana District Office CSHO ID: A9562 2000 E. McFadden Avenue, Suite 122 optional Report 002-16 Santa Ana, CA 92705 Phone: (714) 558-445l Fax: (714) 558-2035 Citation and Notification of Penalty Company Name: Third Rock Enterprises, Inc. Establishment DBA: James Deen Productions and Baby Panda Enterprises and Bryan Sevilla and its successors Inspection Site: 5009 Cerrillos Dr. Woodland Hills, CA 91364 Citation I Item 5 Type of Violation: General 5193. Bloodborne Pathogens. Hepatitis Vaccination and Bloodborne Pathogen Post?exposure Evaluation and Follow?up. (I) General. (A) The employer shall make available the hepatitis vaccine and vaccination series to all employees who have occupational exposure, and post-exposure evaluation and follow-up for bloodborne pathogens exposure to all employees who have had an exposure incident. When an employer is also acting as the evaluating health care professional, the employer shall advise an employee following an exposure incident that the employee may refuse to consent to post?exposure evaluation and follow?up from the employer?healthcare professional. When consent is refused, the employer shall make immediately available to exposed employees a confidential medical evaluation and follow-up from a healthcare professional other than the exposed employee's employer. Prior to and during the course of the inspection, including, but not limited to, on October 20, 20l 5 and November I6, 20I5, the Employer failed to: (I) make the hepatitis vaccine and vaccination series to all employees who have occupational exposure; and make available a post?exposure evaluation and follow?up for bloodborne pathogens exposure to all employees who have had an exposure incident. See pages I through 4 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Citation and Notification of Penalty Page 9 of 19 Rev 12l20l 4 Date By Which Violation Must be Abated: March 21, 2016 Proposed Penalty: $875.00 See pages I Through 4 of This Ci?ro?on and No??cofion of Penolry for Information on employer and employee righrs and responsibili?es. Citation and No??co?rion of Penomy Page 10 of 19 COUOSHAQ Rev 12/2014 State of California Inspection I I722 Department of Industrial Relations Inspection Dates: l2/08/20l 5 - 03/02/2016 Division of Occupational Safety and Health Issuance Date: 03/09/20l 6 Santa Ana District Office CSHO ID: A9562 2000 E. McFadden Avenue, Suite I22 Optional Report 002?l 6 Santa Ana, CA 92705 Phone: (7l4) 558-4451 Fax: (7I4) 558?2035 Citation and Notification of Penalty Company Name: Third Rock Enterprises, Inc. Establishment DBA: James Deen Productions and Baby Panda Enterprises and Bryan Sevilla and its successors Inspection Site: 5009 Cerrillos Dr. Woodland Hills, CA Pl 364 Citation 2 Item I Type of Violation: Serious ?3203. Injury and Illness Prevention Program. (0) Effective July I, 199l, every employer shall establish, implement and maintain an effective Injury and Illness Prevention Program (Program). The Program shall be in writing and, shall, at a minimum: (I) Identify the person or persons with authority and responsibility for implementing the Program. Include a system for ensuring that employees comply with safe and healthy work practices. Substantial compliance with this provision includes recognition of employees who follow safe and healthful work practices, training and retraining programs, disciplinary actions, or any other such means that ensures employee compliance with safe and healthful work practices. (3) Include a system for communicating with employees in a form readily understandable by all affected employees on matters relating to occupational safety and health, including provisions designed to encourage employees to inform the employer of hazards of the worksite without fear of reprisal. (4) Include procedures for identifying and evaluating work place hazards including scheduled periodic inspections to identify unsafe conditions and work practices. Inspections shall be made to identify and evaluate hazards: (5) Include a procedure to investigate occupational injury or occupational illness. (6) Include methods and/or procedures for correcting unsafe or unhealthy conditions, work practices and work procedures in a timely manner based on the severity of the hazard: Provide training and instruction: Prior to and during the course of the inspection, including, but not limited to, on December 8, 20l5, the Employer failed to establish in writing, implement and maintain an effective Injury and Illness See pages I through 4 of this Citation and Notification of Penalty for information an employer and employee rights and responsibilities. Citation and Notification of Penalty Page 11 of 19 Rev I2/20l4 Prevention Program (Program), as required by this section, including, but not limited to: Employer failed to maintain an effective Program by failing to identify the person or persons with authority and responsibility for implementing the Program: and Employer failed to implement and maintain an effective system for ensuring that employees comply with safe and healthy work practices: and (3) Employer failed to implement and maintain an effective system for communicating with employees in a form readily understandable by all affected employees on matters relating to occupational safety and health, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal; and (4) Employer failed to implement and maintain effective procedures for identifying and evaluating work place hazards including scheduled periodic inspections to identify unsafe conditions and work practices, particularly for employees exposed to sexually transmitted infections during the production activities associated with adult content videos or media; and (5) Employer failed to implement and maintain effective procedures to investigate occupational injury or occupational illness; and Employer failed to implement and maintain effective methods and/or procedures for correcting unsafe or unhealthy conditions, work practices and work procedures in a timely manner based on the severity of the hazard, particularly for employees exposed to sexually transmitted infections (STI) during the production activities associated with adult content videos or media, including, but not limited to, using condoms; and (7) Employer failed to provide effective training and instruction to all new employees, and to all new employees given job assignments for which training has not previously been received, particularly for employees exposed to sexually transmitted infections during the production activities associated with adult content videos or media. Date By Which Violation Must be Aboted: March 21, 2016 Proposed Penalty: 521600.00 See pages I through 4 of this Citation and Notification of Penalty for information an employer and employee rights and responsibilities. Citation and Notification of Penalty Page 12 of 19 Rev l2i20l 4 State of California Inspection it: 1 1 1 I722 Department of Industrial Relations Inspection Dates: 12/08/2015 03/02/2016 Division of Occupational Safety and Health Issuance Date: 03/09/2016 Santa Ana District Office CSHO ID: A9562 2000 E. McFadden Avenue, Suite 122 Optional Report 002-16 Santa Ana, CA 92705 Phone: [714) 558-4451 Fax: (714) 558-2035 Citation and Notification of Penalty Company Name: Third Rock Enterprises, Inc. Establishment DBA: James Deen Productions and Baby Panda Enterprises and Bryan Sevilla and its successors Inspection Site: 5009 Cerrillos Dr. Woodland Hills, CA 91364 Citation 3 Item 1 Type of Violation: Serious ?5193. Bloodborne Pathogens. Exposure Response, Prevention and Control. (1) Exposure Control Plan. (A) Each employer having an employeels) with occupational exposure as defined by subsection(b) of this section shall establish, implement and maintain an effective Exposure Control Plan which is designed to eliminate or minimize employee exposure and which is also consistent with Section 3203. Reference: ?5193(b) Definitions. "Occupational Exposure? means reasonably anticipated skin, eye, mucous membrane, or parenteral contact with blood or other potentially infectious materials that may result from the performance of an employee's duties. Prior to and during the course of the inspection, including, but not limited to, on December 8, 2015, the Employer failed to establish in writing, implement and maintain an effective Exposure Control Plan (ECP) that contained all of the elements as required by this section, designed to eliminate or minimize employee occupational exposure to blood or Other Potentially Infectious Material (OPIM). Date By Which ViolationMust be Abated: March 21, 2016 Proposed Penalty: $18000.00 See pages through 4 of this Citation and Notification of Penalty for information an employer and employee rights and responsibilities. Citation and Notification of Penalty Page 13 of 19 Rev 12/2014 State of California Inspection I i 1 i722 Department of Industrial Relations Inspection Dates: 12/08/2015 - 03/02/2016 Division of Occupational Safety and Health issuance Date: 03/09/2016 Santa Ana District Office CSHO ID: A9562 2000 E. McFadden Avenue, Suite 122 optional Report 002?] 6 Santa Ana, CA 92705 Phone: {714) 558-4451 Fax: (714) 558-2035 Citation and Notification of Penalty Company Name: Third Rock Enterprises, Inc. Establishment DBA: James Deen Productions and Baby Panda Enterprises and Bryan Sevilla and its successors Inspection Site: 5009 Cerrillos Dr. Woodland Hills, CA 9i364 Citation 4 Item 1 Type of Violation: Serious 5193. Bloodborne Pathogens. Methods of Compliance. (1) General. Universal precautions shall be observed to prevent contact with blood or OPIM. Under circumstances in which differentiation between body fluid types is difficult or impossible, all body fluids shall be considered potentially infectious materials. - Prior to and during the course of the inspection, including, but not limited to, on September 2, 201 5, September i4, 2015, and November I6, 20i 5, the Employer failed to observe universal precautions in accordance with this section, which exposed employees to blood and Other Potentially Infectious Material (OPIM) during the production activities associated with adult content videos or media. Date By Which-ViolatiOn Must be Abated: March 21, 2016 Proposed Penalty: 518000.00 See pages 1 through 4 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Citation and Notification of Penalty Page 14 of 19 Rev 4 State of California Inspection #2 1722 Department of Industrial Relations Inspection Dates: l2/08/2015 03/02/2016 Division of Occupational Safety and Health Issuance Date: 03/09/2016 Santa Ana District Office CSHO ID: A9562 2000 E. McFadden Avenue, Suite l22 Optional Report #1 002?1 6 Santa Ana, CA 92705 Phone: (714] 558-445l Fax: (714) 558?2035 Citation and Notification of Penalty Company Name: Third Rock Enterprises, Inc. Establishment DBA: James Deen Productions and Baby Panda Enterprises and Bryan Sevilla and its successors Inspection Site: 5009 Cerrillos Dr. Woodland Hills, CA 91364 Citation 5 item Type of Violation: Serious 5193. Bloodborne Pathogens. Methods of Compliance. (2) Engineering and Work Practice Controls ?General Requirements. (A) Engineering and work practice controls shall be used to eliminate or minimize employee exposure. Prior to and during the course of the inSpection, including, but not limited to, on September 2, 201 5, September 14,20l5 and November 16, 2015, the Employer failed to require the use of engineering controls (condoms) and work practice controls (condoms) in accordance with this section to eliminate or minimize employee exposure to blood or Other Potentially Infectious Material (OPIM) during the production activities associated with adult content videos or media. Date By Which Violation Must be Abated: March 21, 2016 Proposed Penalty: . 518000.00 I a SnI-laYt PeterA.Ril Co ce Officer Regional Man ger See pages i through 4 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Citation and Notification of Penalty Page 15 of 19 Rev l2/20i 4 State of California Department of Industrial Relations 1.- 5 Division of Occupational Safety and Health Santa Ana District Office t?733 2000 E. McFadden Avenue, Suite 122 Santa Ana, CA 92705 Phone: [714) 558-4451 Fax: (714) 558-2035 NOTICE OF PROPOSED PENALTIES Company Name: Third Rock Enterprises, Inc. Establishment DBA: James Deen Productions and Baby Panda Enterprises and Bryan Sevilla and its successors Inspection Site: 5009 Cerrillos Dr., Woodland Hills, CA 91364 Mailing Address: 1880 Century Park East, Suite 200, Los Angeles, CA 90067 Issuance Date: 03/09/2016 Reporting ID: 0950631 CSHO ID: A9562 Summary of Penalties for Inspection Number 1111722 Citation I Item 1, Regulatory $350.00 Citation I Item 2, Regulatory $350.00 Citation I Item 3, Regulatory $350.00 Citation I Item 4, General $350.00 Citation 1 Item 5, General $875.00 Citation 2 Item 1, Serious $21600.00 Citation 3 Item 1, Serious . $18000.00 Citation 4 Item 1, Serious $18000.00 Citation 5 Item 1, Serious $18000.00 TOTAL PROPOSED PENALTIES: $77875.00 Penalties are due within 15 working days of receipt of this notification unless contested. It you are appealing any item of this citation, remittance is still due on all items that are not appealed. Enclosed for your use is a Penalty Remittance Form. If you are paying electronically: Please have this form on?hand when you are ready to make your payment. The company name, reporting ID and Citation numberls) will be required to ensure that the payment is accurately posted to your account. Please go to to access the secure payment processing site. Additionally, you must also mail the Penalty Remittance Form to the address below. If you are paying by check: Mail this Notice of Proposed Penalties, the Penalty Remittance Form, along with a copy of the Citation and Notification of Penalty to: DEPARTMENT OF INDUSTRIAL RELATIONS CASHIER, ACCOUNTING OFFICE P. 0. BOX 420603 SAN FRANCISCO, CA 94142?0603 See pages I through 4 of this Citation and Noti?cation of Penalty for information an employer and employee rights and responsibilities. Citation and Notification of Penalty Page 16 of 19 Rev 1272014 does not agree to any restrictions, conditions or endorsements put on any check or money order for less than the full amount due, and will cash the check or money order as it these restrictions, conditions or endorsements do not exist. See pages through 4 of this Citation and Notification of Penalty for information an employer and employee rights and responsibilities. Citation and Notification of Penalty Page 17 of 19 Rev l2/20l 4 DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF OCCUPATIONAL SAFETY AND HEALTH Accounting Office - Cashiering Unit PO. Box 420603 San Francisco, CA 94142-0603 Phone (415) 703-4291 or (415) 703-4308 Fax (415) 703-3037 Please mail or fax this form back to the above address to properly credit your payment. PENALTY REMITTANCE FORM CIVIL PENALTY INFO INSPECTION NO.: I 1111722 REPORTING ID: 0950631 ESTABLISHMENT NAME: Third Rock Enterprises, Inc. UNKNOWN CONTACT PERSON: David Jacob PHONE NO.: UNKNOWN I I FAX NO.: UNKNOWN SITE ADDRESS: 5009 Cerrillos Dr., Woodland Hills, CA 91364 MAILING ADDRESS: 1880 Century Park East, Suite 200, Los Angeles, CA 90067 CITATION INFORMATION: Penalties are due within 15 working days of receipt of this notification unless contested. If you are appealing any item of this Citation, remittance is still due on all items that are not appealed. PAYMENT INSTRUCTIONS: 0 Put a next to the CitationIs) that you are paying. 0 Write the amount paid in the column. 0 Please indicate the AMOUNT SUMMARY OF PENALTIES PAID AMOUNT PAID Citation 1 Item 1, Regulatory Citation 1 Item 2, Regulatory 5 Citation 1 Item 3, Regulatory Citation 1ltem 4, General Citation 1ltem 5, General 5 Citation 2 Item 1, Serious Citation 3 Item 1, Serious 5 Citation 4 Item 1, Serious 5 Citation 5 Item 1, Serious 5 TOTAL AMOUNT PAID TYPE OF PAYMENT ENCLOSED Fill in the check, e-check reference, or money order information below: ENCLOSED IN THE AMOUNT OF: E-CHECK REFERENCE Ii PAID IN THE AMOUNT OF: MONEY ENCLOSED IN THE AMOUNT OF: See pages I through 4 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Citation and Notification of Penalty Page 18 at 19 Rev I2I2OI 4 Please make check or money order payable to Department of Industrial Relations and mail to the Cashier, Accounting Office, at the above address. Reference the inspection Number on the "memo" portion of your check or money order. Note: For your convenience, the Department of Industrial Relations accepts electronic payments at Again, please mail or fax this form to the above address or fax number to ensure payments are properly credited. See pages i through 4 of this Citation and Notification of Penaity for information an employer and employee rights and responsibilities. Citation and Notification of Penalty Page 19 of 19 Rey i2/2014 STATE OF CALIFORNIA EDMUND G. BROWN JR., Governor DEPARTMENT OF INDUSTRIAL RELATIONS Division of Occupational Safety and Health Santa Ana District Office 2000 E. McFadden Avenue, Suite 122 Santa Ana, CA 92705 Tel. it [714) 558-4451 Fax {714) 558-2035 SIGNED STATEMENT OF ABATEMENT OF REGULATORY AN GENERAL VIOLATIONS Third Rock Enterprises, Inc. James Deen Productions and Baby Panda Enterprises and Bryan Sevilla 1880 Century Park East, Suite 200 Los Angeles, CA 90067 The law requires that violations observed during the inspection completed on 03/02/2016 of the place of employment located at 5009 Cerrillos Dr., Woodland Hills, CA be corrected within the time limit specified. Please notify the Division as soon as these conditions have been corrected by returning this completed form. Your response by completing, signing and mailing this form to the issuing office on or before the compliance date may avoid a follow-up inspection of your facilities. Failure to timely complete and return this form may result in issuance of a citation and civil penalty for violation of 8 CCR NOTE: This form does not serve as a request for a time extension. If This signed statement or a summary there are serious problems beyond your control that prevent meeting shall be posted for three working a specified abatement date, contact the Division early, well within the days at or near each place the 15-day limit allowed for an appeal. regulatory and/or general violation(s) referred to in the citation occurred. PLEASE COMPLETE AND MAIL BY March 21, 2016 LIST THE SPECIFIC MEASURES 8: EQUIPMENT TAKEN TO CORRECT EACH CITATION ITEM NUMBER OF THE UNSAFE CONDITIONS AND DATE OF ABATEMENT. Citation 1 Item 3 Citation 1 Item 5 El Continued on additional page All affected employees and their representatives have been informed about abatement activities referenced in this document in conformance with 8 CCR Section El Yes El No This certifies that all the unsafe conditions listed in the Division's citation dated March 9, 2016 have now been corrected and all submitted abatement information is accurate. Signature: Date: Name: Title: OFFICE USE ONLY Compliance Safety and Health Officer: Date: District Manager: Date: Close/Comments RID: 0950631 Inspection Nr: 1111722 CSHO ID: A9562 Optional Report Nr: 002-16 Date mailed or delivered: March 9 2016 160 (09/22/14] STATE OF CALIFORNIA EDMUND G. BROWN JR., Governor DEPARTMENT OF INDUSTRIAL RELATIONS Division of Occupational Safety and Health Santa Ana District Office 2000 E. McFadden Avenue, Suite 122 Santa Ana, CA 92705 Tel. it (714) 558-4451 Fax (714) 558-2035 SIGNED STATEMENT OF ABATEMENT OF REGULATORY GENERAL VIOLATIONS Third Rock Enterprises, Inc. James Deen Productions and Baby Panda Enterprises and Bryan Sevilla 1880 Century Park East, Suite 200 Los Angeles, CA 90067 The law requires that violations observed during the inspection completed on 03/02/2016 of the place of employment located at 5009 Cerrillos Dr., Woodland Hills, CA be corrected within the time limit specified. Please notify the Division as soon as these conditions have been corrected by returning this completed form. Your response by completing, signing and mailing this form to the issuing office on or before the compliance date may avoid a follow-up inspection of your facilities. Failure to timely complete and return this form may result in issuance of a citation and civil penalty for violation of 8 CCR NOTE: This form does not serve as a request for a time extension. If This signed statement or a summary there are serious problems beyond your control that prevent meeting shall be posted for three working a specified abatement date, contact the Division early, well within the days at or near each place the 15-day limit allowed for an appeal. regulatory and/or general violation(s) referred to in the citation occurred. PLEASE COMPLETE AND MAIL BY April 2016 LIST THE SPECIFIC MEASURES 8: EQUIPMENT TAKEN TO CORRECT EACH CITATION ITEM NUMBER OF THE UNSAFE CONDITIONS AND DATE OF ABATEMENT. Citation 1 Item 1 Citation 1 Item 2 Citation 1 Item 4 Continued on additional page All affected employees and their representatives have been informed about abatement activities referenced in this document in conformance with 8 CCR Section Yes No This certifies that all the unsafe conditions listed in the Division?s citation dated March 9, 2016 have now been corrected and all submitted abatement information is accurate. Signature: Date: Name: Title: OFFICE USE ONL Compliance Safety and Health Officer: Date: District Manager: Date: Close/Comments RID: 0950631 Inspection Nr: 1111722 CSHO ID: A9562 Optional Report Nr: 002?16 Date mailed or delivered: March 9 2016 160 (09/22/14} STATE OF CALIFORNIA EDMUND G. BROWN .IR., Governor DEPARTMENT OF INDUSTRIAL RELATIONS Division of Occupational Safety and Health Santa Ana District Office 2000 E. McFadden Avenue, Suite 122 Santa Ana, CA 92705 Tel. it (714) 558-4451 Fax it [714) 558-2035 SIGNED STATEMENT OF ABATEMENT OF SERIOUS VIOLATIONS Citation 2 item 1 Third Rock Enterprises, Inc. James Deen Productions and Baby Panda Enterprises and Bryan Sevilla 1880 Century Park East, Suite 200 Los Angeles, CA 90067 The law requires that violations observed during the inspection completed on 03/02/2016 of the place of employment located at 5009 Cerrillos Dr., Woodland Hills, CA be abated (corrected) within the time limit specified on the citation. Labor Code 6320(b) requires that you submit this signed statement under penalty of perjury that you have complied with the abatement terms. If you have filed a timely appeal of this citation, the abatement date is stayed during the appeal process, and the Signed Statement need not be submitted at this time. In addition, if there are problems beyond your control that prevent you from meeting the abatement date, contact the Division as soon as possible so that a request for extension can be considered. Pursuant to Title 8 CCR 336(e)(3), you are not eligible for a 50% reduction of the civil penalty assessed for this serious violation because of the extent and likelihood for the serious violation are rated high. This signed statement shall be posted THIS FORM MUST BE RECEIVED AT THE ABOVE ADDRESS ON OR BEFORE for three (3) working days at or near March 21,2016 each place the serious violation referred to in the citation occurred. In a separate attachment, please list and describe the specific measures taken and equipment used to abate each serious violation, and also attach supporting evidence: a For each citation, provide the citation number, number of instances, abatement date, and a description of the specific measures taken to abate the serious citation. a List the evidence attached to this form proving that the measures were taken and the violations were fully abated. Examples of suitable evidence include, but are not limited to, photographs and copies of attendance sign? in sheets, written procedures, and receipts for payment of services or equipment. Evidence is attached All affected employees and their representatives have been informed about abatement activities referenced in this document in conformance with 8CCR Section Cl Yes No have reviewed the foregoing statement and declare under penalty of perjury that it is true and correct to the best of my knowledge and all submitted abatement information is accurate. Executed at California by Signature: Date: Name: Title: OFFICE USE ONLY Compliance Safety and Health Officer: Date: District Manager: Date: ]Close/Comments RID: 0950631 inspection Nr: 1111722 CSHO ID: A9562 Optional Report Nr: 002-16 Date mailed or delivered: March 9 2016 161 No Abatement Credit (4/10/15) STATE OF CALIFORNIA EDMUND G. BROWN JR., Governor DEPARTMENT OF INDUSTRIAL RELATIONS -- Division of Occupational Safety and Health Santa Ana District Office 2000 E. McFadden Avenue, Suite 122 Santa Ana, CA 92705 Tel. if (714) 558?4451 Fax ft (714) 558-2035 SIGNED STATEMENT OF ABATEMENT OF SERIOUS VIOLATIONS Third Rock Enterprises, Inc. James Deen Productions and Baby Panda Enterprises and Bryan Sevilla 1880 Century Park East, Suite 200 Los Angeles, CA 90067 The law requires that violations observed during the inspection completed on 03/02/2016 of the place of employment located at 5009 Cerrillos Dr., Woodland Hills, CA be abated (corrected) within the time limit specified. Labor Code 6320(b) requires that you submit this signed statement under penalty of perjury that you have complied with the abatement terms. You are eligible for a 50% reduction of the civil penalty assessed for this serious violation pursuant to Labor Code 6319(g). However, the Division shall not grant such a reduction unless it receives an SIGNED STATEMENT OF ABATEMENT OF SERIOUS together with sufficient supporting evidence acceptable to the Division, if necessary to prove abatement, within 10 working days after the end of the abatement period regardless of whether you appeal the serious citations. If there are problems beyond your control that prevent you from meeting the abatement date, contact the Division as soon as possible so that a request for extension can be considered. This signed statement shall'be posted THIS FORM MUST BE RECEIVED AT THE ABOVE ADDRESS ON OR BEFORE for three (3) working days at or near March 21, 2016 each place the serious violation referred to in the citation occurred. In a separate attachment, please list and describe the specific measures taken and equipment used to abate each serious violation, and also attach supporting evidence: 0 For each citation, provide the citation number, number of instances, abatement date, and a description of the specific measures ta ken to abate the serious citation. in List the evidence attached to this form proving that the measures were taken and the violations were fully abated. Examples of suitable evidence include, but are not limited to, photographs and copies of attendance sign- in sheets, written procedures, and receipts for payment of services or equipment. El Evidence is attached All affected employees and their representatives have been informed about abatement activities referenced in this document in conformance with SCCR Section Yes El No have reviewed the foregoing statement and declare under penalty of perjury that it is true and correct to the best of my knowledge and all submitted abatement information is accurate. - Executed at California by Signature: Date: Name: Title: OFFICE USE ONLY Compliance Safety and Health Officer: Date: District Manager: Date: Close/Comments RID: 0950631 Inspection Nr: 1111722 CSHO ID: A9562 Optional Reporter 002?16 Date mailed or delivered: March 9 2016 161(2/20/15) DECLARATION OF SERVICE BY MAIL I, the undersigned, declare the following: I am a citizen of the United States, over the age of 18 years, and not a party to the within action. My place of employment and business address is 2000 E. McFadden Avenue, Suite 122, Santa Ana, CA 92705. On March 9, 2016, I served the attached Citations and Noti?cation of?PenaZiy, Form 2) along with Employer Signed Statement of A abatement OSHA orm(s) 160 and 161), by placing the original in a sealed envelope to the persons named below at the address set out immediately below each respective name, and by sealing and depositing said envelope in the United States Mail with postage thereon fully prepaid, in the United States mail at 2000 E. McFadden Avenue, Santa Ana, CA 92705 addressed as: Third Rock Enterprises, Inc. Attn: Bryan Sevilla 5009 Cerrillos Dr. Woodland Hills, CA 91364 Gerber Co., Inc. Attn: Michael Stone 1880 Century Park East Ste. 200 Los Angeles, CA 90067-1600 Courtesy Copy to: Mr. Michael attarosi, Esq. (Michael@fattlegal.com) Mr. Bryan Sevilla, Owner (thirdrockbs@2mail.com) I declare, under penalty of perjury, that the foregoing is true and correct. Executed on March 9, 2016 at Santa Ana, California. fer Meekhof, Declarant Management Services Technician