complaint·July 18, 2023

Page 2 During initial 10-day visit, on 05/22/2023, LPA interviewed Director and four staff members. Director stated there was an all-staff meeting held on 03/17/2023. During this meeting a CPR training was conducted and an annual review of facility policies and procedures. Facility provided staff with their \342\200\234Smoke Free Workplace Policy\342\200\235 which was signed and dated by all staff members. The facility property also has \342\200\234No Smoking\342\200\235 warning signs posted in public accessible area for all to see. Director denied any knowledge that staff were smoking on campus. During staff interviews, two staff members disclosed witnessing Staff #1 (S1) smoking their vape pen in both, infant classroom and infant nap room. Staff #2 (S2) stated about two months ago the infant room smelled weird. S2 observed S1 smoking and instructed S1 not to ever smoke in the room again. S2 stated they spoke to S1 directly but did not mention the incident to management. LPA asked S1 about the incident, S1 stated a staff member observed their vape pen hiding on their wrist while in the infant nap room. S1 stated that staff member discussed the dangers of smoking but states they do not smoke on campus. LPA asked S1 if they had their vape pen with them and S1 confirmed it was in their pant pocket during the interview. Based on interviews conducted with staff members, the preponderance of evidence standard has been met, therefore the smoking prohibition allegation that facility staff are smoking vape pens in the presence of infants is found to be substantiated. California Code of Regulations, Title 22, Division 12, 101231(a) Smoking Prohibition is being cited on the attached LIC9099D. Exit interview was conducted with Director Stephanie Daniels. Notice of Site Visit was posted during the visit. Director was informed that the notice of site visit must be posted for 30 days. Director was provided a copy of their appeal rights (LIC 9058) and their signature on this form acknowledges receipt of these rights. End of Repor t