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At about 2:30 p.m. on September 24, 2009, Employee #1, a 29 year-old male carpenter, was working at a large construction site where a high school for Los Angeles Unified School District was being built. The employer was a concrete foundation pouring subcontractor. At about 2:15 p.m. the Employee's cousin, who was working about 30 feet away, heard Employee #1 call out to him. He turned around to look and observed the Employee lying on the ground. The site foreman, who was driving a water truck, also observed the Employee lying on the ground at about the same time. The foreman summoned help and responded to the employee while another individual contacted 911. The incident occurred in an area known as the "bioswale" area on the south side of the location adjacent to Building E. On the day of the event, the ambient temperature had reached 103 F and that week the temperatures were in the middle to high nineties. According to witness statements, the employee had been working in the shade that morning and had not reported any adverse health symptoms to coworkers or supervisors. The employee had eaten lunch earlier in the day with his cousin and had not reported any adverse health conditions to him either. It was observed that the employer provided drinking water in adequate supply, and that shade was available at various locations including but not limited to Building E, which was about 20 yards to the north east from the bioswale area, and the "handball courts" where the employee lunch area was. The employee lunch areas did have shade afforded by canopies supplied by the employer. According to witness statements, before the incident the employee had been cutting wood for use in building a concrete foundation using an electric powered circular saw. I examined a circular saw observed in the bioswale area represented to be the one used by the Employee, as well as the flexible electrical cord servicing same, and found no readily observable defects or problems. The hardhat on the ground stated by witnesses to be that of the Employeer's had a package of cigarettes in it. The tool bag/belt had tools and equipment consistent with that used in carpentry. Interviews of employees, supervisors and a review of documentation during the course of the investigation suggested that the employer did provide training and instruction pertaining to heat illness recognition, prevention and control as well as pertaining to emergency response and first aid. The employee was breathing when he got to him, he stated the victim then began laboring for air, then stopped breathing. Others were responding to the scene by this time including a nearby soil inspector who initiated CPR until Los Angeles City Fire Department RA55 arrived at the scene. The employee was pronounced dead at the scene and was transported to the Los Angeles County Coroner's Office from the site. The Los Angeles County Coroner's Office released a report, case number 2009-06554 on January 13, 2010. The report listed "Heat Stroke, Probable" with "signs of dehydration." There was a toxicology report showing "negative" for all substances screened. The report stated that a family member had stated there was an incident involving unknown factors at a work site about a year ago when the victim had "passed out" at a work site and was taken to St. Jude Medical Center in Fullerton. DOSH Medical Unit attempted to obtain medical records pertaining to this incident, but St. Jude Records Department represented to DOSH they had no such records regarding the employee. The employee's supervisor stated he had no knowledge of such an incident. Review of the employer's Log 300 Forms did not reveal a recorded incident. The Coroner's report confirmed that there had been no prior complaints of pain, illness or other such symptoms from the employee to anyone at the site. The report also stated under "scene description" on the last page that there was "no shade" and
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