PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300. - 6725.]
Heading of Part 1 amended by Stats. 1973, Ch. 993.
§§ 6300–6725 · 248 sections
CHAPTER 1. Jurisdiction and Duties §§ 6300–6332 · 56 sections
- § 6300 The California Occupational Safety and Health Act of 1973 is hereby enacted for the purpose of assuring safe and healthful working conditions for all…
- § 6301 The definitions set forth in this chapter shall govern the construction and interpretation of this part.
- § 6302 As used in this division: (a) “Director” means the Director of Industrial Relations. (b) “Department” means the Department of Industrial Relations. (c)…
- § 6303 (a) “Place of employment” means any place, and the premises appurtenant thereto, where employment is carried on, except a place where the health and safety…
- § 6303.5 Nothing in this division shall be construed to limit the jurisdiction of the state over any employmment or place of employment by reason of the exercise of…
- § 6304 “Employer” shall have the same meaning as in Section 3300.
- § 6304.1 (a) “Employee” means every person who is required or directed by any employer to engage in any employment or to go to work or be at any time in any place of…
- § 6304.2 Notwithstanding Section 6413, and except as provided in Sections 6304. 3 and 6304.4, any state prisoner engaged in correctional industry, as defined by the…
- § 6304.3 (a) A Correctional Industry Safety Committee shall be established in accordance with Department of Corrections administrative procedures at each facility…
- § 6304.4 A prisoner engaged in correctional industry, as defined by the Department of Corrections, shall not be considered an employee for purposes of the provisions…
- § 6304.5 It is the intent of the Legislature that the provisions of this division, and the occupational safety and health standards and orders promulgated under this…
- § 6305 (a) “Occupational safety and health standards and orders” means standards and orders adopted by the standards board pursuant to Chapter 6 (commencing with…
- § 6305.1 (a) (1) The Chief of the Division of Occupational Safety and Health, or a representative of the chief, shall convene an advisory committee for the purposes of…
- § 6306 (a) “Safe,” “safety,” and “health” as applied to an employment or a place of employment mean such freedom from danger to the life, safety, or health of…
- § 6307 The division has the power, jurisdiction, and supervision over every employment and place of employment in this state, which is necessary adequately to enforce…
- § 6307.1 The State Department of Health Services shall assist the division in the enforcement of Section 25910 of the Health and Safety Code in the manner prescribed by…
- § 6308 The division, in enforcing occupational safety and health standards and orders and special orders may do any of the following: (a) Declare and prescribe what…
- § 6308.5 Hearings conducted by the division pursuant to this part shall give any affected employer or other affected person the opportunity to submit facts or…
- § 6309 (a) If the division learns or has reason to believe that an employment or place of employment is not safe or is injurious to the welfare of an employee, it…
- § 6310 (a) No person shall discharge or in any manner discriminate against any employee because the employee has done any of the following: (1) Made any oral or…
- § 6311 No employee shall be laid off or discharged for refusing to perform work in the performance of which this code, including Section 6400, any occupational safety…
- § 6311.5 (a) (1) Except as noted in paragraph (2), a person who, after receiving notice to evacuate or leave, willfully and knowingly directs an employee to remain in,…
- § 6312 Any employee who believes that he or she has been discharged or otherwise discriminated against by any person in violation of Section 6310 or 6311 may file a…
- § 6313 (a) The division shall investigate the causes of any employment accident that is fatal to one or more employees or that results in a serious injury or illness,…
- § 6313.5 The division, after consultation with the Contractors’ State License Board, shall transmit to the Contractors’ State License Board copies of any citations or…
- § 6314 (a) To make an investigation or inspection, the chief of the division and all qualified divisional inspectors and investigators authorized by him or her shall,…
- § 6314.1 (a) The division shall establish a program for targeting employers in high hazardous industries with the highest incidence of preventable occupational injuries…
- § 6314.5 (a) Every inspection conducted by the division shall include an evaluation of the employer’s injury prevention program established pursuant to Section 6401.7.…
- § 6315 (a) There is within the division a Bureau of Investigations. The bureau is responsible for directing accident investigations involving violations of standards,…
- § 6315.3 The bureau shall, not later than February 15, annually submit to the division for submission to the director a report on the activities of the bureau,…
- § 6315.5 All occupational safety and health standards and orders, rules, regulations, findings, and decisions of the division made and entered pursuant to this part are…
- § 6316 Except as limited by Chapter 6 (commencing with Section 140) of Division 1, nothing in this part shall deprive the governing body of any county, city, or…
- § 6317 (a) If, upon inspection or investigation, the division believes that an employer has violated Section 25910 of the Health and Safety Code, any standard, rule,…
- § 6317.5 (a) If, upon inspection or investigation, the division finds that an employer has falsified any materials posted in the workplace or distributed to employees…
- § 6317.7 If, upon inspection or investigation, the division finds no violations pursuant to this chapter, the division with reasonable promptness shall issue a written…
- § 6317.8 (a) Notwithstanding any other law, if, upon inspection or investigation, the division believes that an employer has willfully and egregiously violated an…
- § 6317.9 In the investigation of the policies and practices of an employer or a related employer entity, the division may issue a subpoena if the employer or the…
- § 6318 (a) Each citation issued under Section 6317, and each special order or action ordered pursuant to Section 6308, or a copy or copies thereof, shall be…
- § 6319 (a) If, after an inspection or investigation, the division issues a citation pursuant to Section 6317 or an order pursuant to Section 6308, it shall, within a…
- § 6319.3 (a) Except as provided in subdivision (b) of this section and subdivision (j) of Section 6401.7, no civil penalty shall be assessed against any new employer in…
- § 6319.5 Upon a showing by an employer of a good-faith effort to comply with the abatement requirement of a citation, and that abatement has not been completed because…
- § 6320 (a) If, after inspection or investigation, the division issues a special order, order to take special action, or a citation for a serious violation, and if at…
- § 6321 No person or employer shall be given advance warning of an inspection or investigation by any authorized representative of the division unless authorized under…
- § 6322 All information reported to or otherwise obtained by the chief or representatives of the chief in connection with any inspection or proceeding of the division…
- § 6323 If the division has grounds to issue a citation pursuant to Section 6317, or if the condition of any employment or place of employment or the operation of any…
- § 6324 The application to the superior court accompanied by affidavit showing that the division has grounds to issue a citation pursuant to Section 6317 or a place of…
- § 6325 (a) When, in the opinion of the division, a place of employment, machine, device, apparatus, or equipment or any part thereof is in a dangerous condition, is…
- § 6325.5 If the division has reasonable cause to believe that any workplace contains friable asbestos, and if there appears to be inadequate protection for employees at…
- § 6326 Every person who, after such notice is attached as provided in Section 6325, enters any such place of employment, or uses or operates any such place of…
- § 6327 Once an authorized representative of the division has prohibited entry in or use of a place of employment, machine, device, apparatus, or equipment, as…
- § 6327.5 If the division arbitrarily or capriciously fails to take action to prevent or prohibit any conditions or practices in any employment or place of employment…
- § 6328 The division shall prepare a notice containing pertinent information regarding safety rules and regulations. The notice shall contain the address and telephone…
- § 6329 All money collected for violation of standards, orders, or special orders of, or for fees paid pursuant to this division shall be paid into the state treasury…
- § 6330 The director shall prepare and submit to the Legislature, not later than March 1, an annual report on the division activities. The report shall include, but…
- § 6331 The division shall enter into a contract for the development and execution of tests to define safety standards for the use of positive pressure, closed…
- § 6332 (a) For purposes of this section, the following terms have the following meanings: (1) “Community health care worker” means an individual who provides health…
CHAPTER 2. Education and Research §§ 6350–6359 · 11 sections
- § 6350 The division shall maintain an education and research program for the purpose of providing in-service training of division personnel, safety education for…
- § 6351 The division shall be responsible for preparation and distribution of information concerning occupational safety and health programs, methods, techniques or…
- § 6352 The division shall provide safety training programs, upon request, for employees and employers. Priority for the development of safety training programs shall…
- § 6353 The division shall conduct continuing research into methods, means, operations, techniques, processes and practices necessary for improvement of occupational…
- § 6354 The division shall, upon request, provide a full range of occupational safety and health consulting services to any employer or employee group. These…
- § 6354.5 (a) Any insurer desiring to write workers’ compensation insurance shall maintain or provide occupational safety and health loss control consultation services.…
- § 6354.7 (a) The Workers’ Occupational Safety and Health Education Fund is hereby created as a special account in the State Treasury. Proceeds of the fund may be…
- § 6355 If the employer requests or accepts consulting services offered pursuant to Section 6354, the division in providing such services at the employer’s employment…
- § 6356 (a) There is hereby created, in the General Fund, the Worker Safety Bilingual Investigative Support, Enforcement, and Training Account. The moneys in the…
- § 6357 On or before January 1, 1995, the Occupational Safety and Health Standards Board shall adopt standards for ergonomics in the workplace designed to minimize the…
- § 6359 (a) The Legislature finds and declares the following: (1) Every year 70 adolescents die from work injuries in the United States and 200,000 are injured, 70,000…
CHAPTER 2.2. Artificial Stone; Occupational Exposure to Respirable Crystalline Silica §§ 6359.1–6359.5 · 6 sections
- § 6359.1 For purposes of this chapter, the following definitions apply: (a) “Artificial stone” means any reconstituted, artificial, synthetic, composite, engineered, or…
- § 6359.1.5 (a) A person or entity engaged in high-exposure trigger tasks shall not use dry methods when engaging in any high-exposure trigger tasks. (b) A person or…
- § 6359.2 (a) The owner or operator of a fabrication shop, or any individual who will employ another individual to perform high-exposure trigger tasks in a fabrication…
- § 6359.3 This part, or any related health and safety standard, does not prevent or limit an employer, contractor, or fabrication shop from adopting stricter safety…
- § 6359.4 (a) The State Department of Public Health shall consider a report of silicosis related to occupational exposure to artificial stone as a serious illness and…
- § 6359.5 The State Department of Public Health shall conduct all of the following activities to address silicosis risk exposure in fabrication shops: (a) Identify…
CHAPTER 2.5. Hazardous Substances Information and Training §§ 6360–6399.7 · 39 sections
ARTICLE 1. General Provisions §§ 6360–6363 · 4 sections
- § 6360 This chapter shall be known and may be cited as the Hazardous Substances Information and Training Act.
- § 6361 (a) The Legislature finds and declares the following: (1) Hazardous substances in the workplace in some forms and concentrations pose potential acute and…
- § 6362 The rights and duties set forth in this chapter apply to all employers who use hazardous substances in this state, to any person who sells a hazardous…
- § 6363 Nothing in this chapter shall be construed to require a manufacturer or employer to conduct studies to develop new information.
ARTICLE 2. Definitions §§ 6365–6374 · 9 sections
- § 6365 Unless the context otherwise requires, the definitions in this article and the provisions of Article 1 shall govern the construction of provisions of this…
- § 6366 “CAS number” means the unique identification number assigned by the Chemical Abstracts Service to specific chemical substances.
- § 6367 “Chemical name” is the scientific designation of a substance in accordance with the nomenclature system developed by the International Union of Pure and…
- § 6368 “Common name” means any designation or identification such as code name, code number, trade name, or brand name used to identify a substance other than by its…
- § 6370 “Expose” or “exposure” means any situation arising from work operation where an employee may ingest, inhale, absorb through the skin or eyes, or otherwise come…
- § 6371 “Impurity” means a hazardous substance which is unintentionally present with another substance or mixture.
- § 6372 “Manufacturer” means a person who produces, synthesizes, extracts, or otherwise makes a hazardous substance.
- § 6373 “Mixture” means any solution or intimate admixture of two or more substances, at least one of which is present as a hazardous substance, as designated pursuant…
- § 6374 “MSDS” means a material safety data sheet prepared pursuant to Section 6390. A label in 8-point or larger type, prepared pursuant to Section 6390, shall…
ARTICLE 3. Hazardous Substances §§ 6380–6386 · 8 sections
- § 6380 For the purposes of this chapter, the director, pursuant to Section 6382, shall establish a list of hazardous substances and shall make the list available to…
- § 6380.5 (a) Prior to the director’s adoption of the list of hazardous substances, the director shall submit the list to the Occupational Safety and Health Standards…
- § 6381 Substances not present on the list of hazardous substances adopted pursuant to Section 6380 shall not be subject to the provisions of this chapter. However,…
- § 6382 The director shall prepare and amend the list of hazardous substances according to the following procedure: (a) Any substance designated in any of the…
- § 6383 (a) For the purposes of this chapter, a hazardous substance is present in any mixture or product if it is present in any of the following concentrations: (1)…
- § 6384 This chapter does not apply to impurities which develop as intermediate materials during chemical processing but are not present in the final product, and to…
- § 6385 The provisions of this chapter do not apply to hazardous substances contained in either of the following: (a) Products intended for personal consumption by…
- § 6386 (a) A laboratory in which a hazardous substance is used by or under the direct supervision of a technically qualified individual is not an employer or…
ARTICLE 4. Duties §§ 6390–6399.2 · 15 sections
- § 6390 The manufacturer of any hazardous substance listed pursuant to the provisions of Section 6380 shall prepare and provide its direct purchasers of the hazardous…
- § 6390.2 (a) An entity that manufactures or imports a hazardous substance or mixture of substances that constitutes a cosmetic, as defined in Section 109900 of the…
- § 6390.5 The manufacturer, importer, and distributor of any hazardous substance, and the employer, shall label each container of a hazardous substance in a manner…
- § 6391 The information which manufacturers shall provide to their purchasers pursuant to the provisions of Section 6390 shall include the following, if pertinent: (a)…
- § 6392 Provision of a federal Material Safety Data Sheet or equivalent shall constitute prima facie proof of compliance with Section 6390.
- § 6393 The manufacturer shall be relieved of the obligation to provide a specific purchaser of a hazardous substance with an MSDS pursuant to Section 6390 if the…
- § 6394 The preparer of an MSDS shall provide the department with a copy of the MSDS on each hazardous substance it manufactures. The preparer may transmit the MSDS to…
- § 6395 (a) The manufacturer may provide the information required by Section 6390 on an entire product mixture, instead of on each hazardous substance in it, when all…
- § 6396 (a) The Director of Industrial Relations shall protect from disclosure any and all trade secrets coming into the director’s possession, as defined in…
- § 6397 (a) Any person other than a manufacturer who sells a mixture or any hazardous substance shall provide its direct purchasers of the mixture or hazardous…
- § 6398 The Occupational Safety and Health Standards Board shall adopt a standard setting forth an employer’s duties toward its employees under this chapter, on or…
- § 6398.5 An employer that is required to maintain safety data sheets and ensure that those safety data sheets are readily accessible in accordance with this chapter and…
- § 6399 Upon request, the manufacturer of a hazardous substance or the producer of a mixture who has produced a mixture MSDS pursuant to the provisions of subdivision…
- § 6399.1 Compliance with regulations of the Director of Food and Agriculture issued pursuant to Section 12981 of the Food and Agricultural Code shall be deemed…
- § 6399.2 This article shall become operative 180 days after adoption of the initial list of hazardous substances pursuant to Article 3 (commencing with Section 6380).
ARTICLE 5. Liability and Remedies §§ 6399.5–6399.7 · 3 sections
- § 6399.5 The provisions of this chapter regarding manufacturers, employers, and persons subject to the provisions of Section 6397, shall be enforced pursuant to the…
- § 6399.6 The provision of information to an employee pursuant to the provisions of this chapter shall not in any way affect any other liability of an employer with…
- § 6399.7 No person shall discharge or in any manner discriminate against, any employee because such employee has filed any complaint or has instituted, or caused to be…
CHAPTER 3. Responsibilities and Duties of Employers and Employees §§ 6400–6413.5 · 31 sections
- § 6400 (a) Every employer shall furnish employment and a place of employment that is safe and healthful for the employees therein. (b) On multiemployer worksites,…
- § 6401 Every employer shall furnish and use safety devices and safeguards, and shall adopt and use practices, means, methods, operations, and processes which are…
- § 6401.5 No salvage of materials shall be permitted while demolition is in progress on any building, structure, falsework, or scaffold more than three stories high or…
- § 6401.7 (a) Every employer shall establish, implement, and maintain an effective injury prevention program. The program shall be written, except as provided in…
- § 6401.8 (a) The standards board, no later than July 1, 2016, shall adopt standards developed by the division that require a hospital licensed pursuant to subdivision…
- § 6401.9 (a) For purposes of this section, the following definitions apply: (1) “Emergency” means unanticipated circumstances that can be life threatening or pose a…
- § 6402 No employer shall require, or permit any employee to go or be in any employment or place of employment which is not safe and healthful.
- § 6403 No employer shall fail or neglect to do any of the following: (a) To provide and use safety devices and safeguards reasonably adequate to render the employment…
- § 6403.1 (a) The Legislature hereby finds that having access to a health care employer-level inventory of personal protective equipment in the event of a pandemic or…
- § 6403.3 (a) For purposes of this section: (1) “Employer” means a person or organization that employs workers in the public or private sector to provide direct patient…
- § 6403.5 (a) As part of the injury and illness prevention programs required by Section 3203 of Title 8 of the California Code of Regulations, or any successor law or…
- § 6404 No employer shall occupy or maintain any place of employment that is not safe and healthful.
- § 6404.5 (a) The Legislature finds and declares that regulation of smoking in the workplace is a matter of statewide interest and concern. It is the intent of the…
- § 6405 No employer, owner, or lessee of any real property shall construct or cause to be constructed any place of employment that is not safe and healthful.
- § 6406 No person shall do any of the following: (a) Remove, displace, damage, destroy or carry off any safety device, safeguard, notice, or warning, furnished for use…
- § 6407 Every employer and every employee shall comply with occupational safety and health standards, with Section 25910 of the Health and Safety Code, and with all…
- § 6408 All employers shall provide information to employees in the following ways, as prescribed by authorized regulations: (a) Posting of information regarding…
- § 6409 (a) Every physician as defined in Section 3209.3 who attends any injured employee shall file a complete report of that occupational injury or occupational…
- § 6409.1 (a) Every employer shall file a complete report of every occupational injury or occupational illness, as defined in subdivision (b) of Section 6409, of each…
- § 6409.2 Whenever a state, county, or local fire or police agency is called to an accident involving an employee covered by this part in which a serious injury or…
- § 6409.3 In no case shall the treatment administered for pesticide poisoning or a condition suspected as pesticide poisoning be deemed to be first aid treatment.
- § 6409.5 (a) Whenever any local public fire agency has knowledge that a place of employment where garment manufacturing operations take place contains fire or safety…
- § 6410 (a) The reports required by subdivision (a) of Section 6409 and Section 6413 shall be made in the form and detail and within the time limits prescribed by…
- § 6410.1 It is the intent of the Legislature that the division maintain strong workplace injury and illness reporting standards.
- § 6410.2 (a) The division shall monitor rulemaking and implementation of the United States Department of Labor’s Occupational Safety and Health Administration’s Improve…
- § 6410.5 The reports required by subdivision (a) of Section 6409, subdivision (a) of Section 6409.1, and Section 6413 shall contain, prominently stated, the statement…
- § 6411 Every employer or insurer receiving forms with directions from the Department of Industrial Relations to complete them shall cause them to be properly filled…
- § 6412 No report of injury or illness required by subdivision (a) of Section 6409.1 shall be open to public inspection or made public, nor shall those reports be…
- § 6413 (a) The Department of Corrections and Rehabilitation, and every physician or surgeon who attends any injured state prisoner, shall file with the Division of…
- § 6413.2 (a) With regard to any report required by Section 6413, the Division of Occupational Safety and Health may make recommendations to the Department of…
- § 6413.5 Any employer or physician who fails to comply with any provision of subdivision (a) of Section 6409, or Section 6409.1, 6409.2, 6409.3, or 6410 may be assessed…
CHAPTER 4. Penalties §§ 6423–6436 · 15 sections
- § 6423 (a) Except where another penalty is specifically provided, every employer and every officer, management official, or supervisor having direction, management,…
- § 6425 (a) Any employer and any employee having direction, management, control, or custody of any employment, place of employment, or of any other employee, who…
- § 6426 Whoever knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to…
- § 6427 (a) Any employer who violates any occupational safety or health standard, order, or special order, or Section 25910 of the Health and Safety Code, and the…
- § 6428 Any employer who violates any occupational safety or health standard, order, or special order, or Section 25910 of the Health and Safety Code, if that…
- § 6428.5 An employer’s injury prevention program shall be deemed to be operative for the purposes of Sections 6427 and 6428 if it meets the criteria for substantial…
- § 6429 (a) (1) Any employer who willfully or repeatedly violates any occupational safety or health standard, order, or special order, or Section 25910 of the Health…
- § 6430 (a) Any employer who fails to correct a violation of any occupational safety or health standard, order, or special order, or Section 25910 of the Health and…
- § 6431 (a) Any employer who violates any of the posting or recordkeeping requirements as prescribed by regulations adopted pursuant to Sections 6408 and 6410, or who…
- § 6432 (a) There shall be a rebuttable presumption that a “serious violation” exists in a place of employment if the division demonstrates that there is a realistic…
- § 6433 The civil penalties set forth in Sections 6427 to 6431, inclusive, shall not be considered as other penalties specifically provided within the meaning of…
- § 6434 (a) Any civil or administrative penalty assessed pursuant to this chapter against a school district, county board of education, county superintendent of…
- § 6434.5 (a) Any civil or administrative penalty assessed pursuant to this chapter against a public police or city, county, or special district fire department or the…
- § 6435 (a) Any employer who violates any of the requirements of Chapter 6 (commencing with Section 6500) of this part shall be assessed a civil penalty under the…
- § 6436 The criminal complaint regarding a violation of Section 6505.5 may be brought by the Attorney General or by the district attorney or prosecuting attorney of…
CHAPTER 5. Temporary Variances §§ 6450–6457 · 7 sections
- § 6450 (a) Any employer may apply to the division for a temporary order granting a variance from an occupational safety or health standard. Such temporary order shall…
- § 6451 An application for a temporary order under Section 6450 shall contain all of the following: (a) A specification of the standard or portion thereof from which…
- § 6452 The division is authorized to grant a temporary variance from any standard or portion thereof whenever it determines such variance is necessary to permit an…
- § 6454 The division may, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, make such rules and…
- § 6455 Any employer or other person adversely affected by the granting or denial of a temporary variance may appeal to the standards board within 15 working days from…
- § 6456 A decision of the standards board on a variance appeal is binding on the director and the division with respect to the parties involved in the particular…
- § 6457 The standards board shall conduct hearings and render decisions on appeals of decisions of the division relating to allowance or denial of temporary variances.…
CHAPTER 6. Permit Requirements §§ 6500–6510 · 19 sections
- § 6500 (a) For those employments or places of employment that by their nature involve a substantial risk of injury, the division shall require the issuance of a…
- § 6501 Any employer subject to Section 6500 shall apply to the division for a permit pursuant to Section 6500. Such application for a permit shall contain such…
- § 6501.5 Effective January 1, 1987, any employer or contractor who engages in asbestos-related work, as defined in Section 6501.8, and which involves 100 square feet or…
- § 6501.7 “Asbestos” means fibrous forms of various hydrated minerals, including chrysotile (fibrous serpentine), crocidolite (fibrous riebecktite), amosite (fibrous…
- § 6501.8 (a) For purposes of this chapter, “asbestos-related work” means any activity which by disturbing asbestos-containing construction materials may release…
- § 6501.9 The owner of a commercial or industrial building or structure, employer, or contractor who engages in, or contracts for, asbestos-related work shall make a…
- § 6502 The division may issue a permit based on a determination the employer has demonstrated evidence that the conditions, practices, means, methods, operations or…
- § 6503 A safety conference shall include representatives of the owner or contracting agency, the contractor, the employer, employees and employee representatives. The…
- § 6503.5 A safety conference shall be held for all asbestos handling jobs prior to the start of actual work. It shall include representatives of the owner or…
- § 6504 Any employer issued a permit pursuant to this chapter shall post a copy or copies of the permit pursuant to subdivision (a) of Section 6408.
- § 6505 The division may at any time, upon good cause being shown therefor, and after notice and an opportunity to be heard revoke any permit issued pursuant to this…
- § 6505.5 (a) The division may, upon good cause shown, and after notice to the employer or contractor by the division and an opportunity to be heard, revoke or suspend…
- § 6506 (a) Any employer denied a permit upon application, or whose permit is revoked, may appeal such denial or revocation to the director. (b) The filing of an…
- § 6507 The division shall set fees to be charged for permits and registrations in amounts reasonably necessary to cover the costs involved in administering the…
- § 6508 No permit shall be required of the State of California, a city, city and county, county, district, or public utility subject to the jurisdiction of the Public…
- § 6508.5 No entity shall be exempt from registration. The State of California, a city, city and county, county, district, or public utility subject to the jurisdiction…
- § 6509 Any person, or agent or officer thereof, who violates this chapter is guilty of a misdemeanor.
- § 6509.5 (a) If an asbestos consultant has made an inspection for the purpose of determining the presence of asbestos or the need for related remedial action with…
- § 6510 (a) If, after inspection or investigation, the division finds that an employer, without a valid permit, is engaging in activity for which a permit is required,…
CHAPTER 7. Appeal Proceedings §§ 6600–6633 · 36 sections
- § 6600 Any employer served with a citation or notice pursuant to Section 6317, or a notice of proposed penalty under this part, or any other person obligated to the…
- § 6600.5 Any employer served with a special order or any action order by the division pursuant to Section 6308, or any other person obligated to the employer as…
- § 6601 If within 15 working days from receipt of the citation or notice of civil penalty issued by the division, the employer fails to notify the appeals board that…
- § 6601.5 If, within 15 working days from receipt of a special order, or action order by the division, the employer fails to notify the appeals board that he or she…
- § 6602 If an employer notifies the appeals board that they intend to contest a citation issued under Section 6317, or notice of proposed penalty issued under Section…
- § 6603 (a) The rules of practice and procedure adopted by the appeals board shall be consistent with Article 8 (commencing with Section 11435.05) of Chapter 4.5 of…
- § 6604 The appeals board may, in accordance with rules of practice and procedure which it shall adopt, direct and order a hearing officer: (a) To try the issues in…
- § 6605 The appeals board may appoint one or more hearing officers in any proceeding, as it may deem necessary or advisable, and may defer, remove to itself, or…
- § 6606 Any party to the proceeding may object to the reference of the proceeding to a particular hearing officer upon any one or more of the grounds specified in…
- § 6607 Before entering upon his duties, the hearing officer shall be sworn, before an officer authorized to administer oaths, faithfully and fairly to hear and…
- § 6608 The appeals board or a hearing officer shall, within 30 days after the case is submitted, make and file findings upon all facts involved in the appeal and file…
- § 6609 Within 30 days after the filing of the findings, decision, or order, the appeals board may confirm, adopt, modify or set aside the findings, order, or decision…
- § 6610 Any notice, order, or decision required by this part to be served upon any person either before, during, or after the institution of any proceeding before the…
- § 6611 (a) If the employer fails to appear, the appeals board may dismiss the appeal or may take action upon the employer’s express admissions or upon other evidence,…
- § 6612 No informality in any proceeding or in the manner of taking testimony shall invalidate any order, decision, or finding made and filed as specified in this…
- § 6613 The appeals board, a hearing officer, or any party to the action or proceeding, may, in any investigation or hearing before the appeals board, cause the…
- § 6614 (a) At any time within 30 days after the service of any final order or decision made and filed by the appeals board or a hearing officer, any party aggrieved…
- § 6615 No cause of action arising out of any final order or decision made and filed by the appeals board or a hearing officer shall accrue in any court to any person…
- § 6616 The petition for reconsideration shall set forth specifically and in full detail the grounds upon which the petitioner considers the final order or decision…
- § 6617 The petition for reconsideration may be based upon one or more of the following grounds and no other: (a) That by such order or decision made and filed by the…
- § 6618 The petitioner for reconsideration shall be deemed to have finally waived all objections, irregularities, and illegalities concerning the matter upon which the…
- § 6619 A copy of the petition for reconsideration shall be served forthwith upon all parties by the person petitioning for reconsideration. Any party may file an…
- § 6620 Upon the filing of a petition for reconsideration, or having granted reconsideration upon its own motion, the appeals board may, with or without further…
- § 6621 If at the time of granting reconsideration, it appears to the satisfaction of the appeals board that no sufficient reason exists for taking further testimony,…
- § 6622 After the taking of additional evidence and a consideration of all of the facts the appeals board may affirm, rescind, alter, or amend the original order or…
- § 6623 Any decision of the appeals board granting or denying a petition for reconsideration or affirming, rescinding, altering, or amending the original findings,…
- § 6624 A petition for reconsideration is deemed to have been denied by the appeals board unless it is acted upon within 45 days from the date of filing. The appeals…
- § 6625 (a) (1) Except as provided in subdivision (b), the filing of a petition for reconsideration suspends for a period of 10 days the order or decision affected,…
- § 6626 Nothing contained in this chapter shall be construed to prevent the appeals board, on petition of an aggrieved party or on its own motion, from granting…
- § 6627 Any person affected by an order or decision of the appeals board may, within the time limit specified in this section, apply to the superior court of the…
- § 6628 The writ of mandate shall be made returnable at a time and place then or thereafter specified by court order and shall direct the appeals board to certify its…
- § 6629 The review by the court shall not be extended further than to determine, based upon the entire record which shall be certified by the appeals board, whether:…
- § 6630 The findings and conclusions of the appeals board on questions of fact are conclusive and final and are not subject to review. Such questions of fact shall…
- § 6631 The provisions of the Code of Civil Procedure relating to writs of mandate shall, so far as applicable, apply to proceedings in the courts under the provisions…
- § 6632 No court of this state, except the Supreme Court, the courts of appeal, and the superior court to the extent herein specified, has jurisdiction to review,…
- § 6633 The filing of a petition for, or the pendency of, a writ of mandate shall not of itself stay or suspend the operation of any order, rule or decision of the…
CHAPTER 8. Enforcement of Civil Penalties §§ 6650–6652 · 3 sections
- § 6650 (a) After the expiration of the period during which a penalty may be appealed, no appeal having been filed, the department may file with the clerk of the…
- § 6651 (a) Notwithstanding Section 340 of the Code of Civil Procedure, an action to collect any civil penalty, fee, or penalty fee under this division shall be…
- § 6652 The division shall provide the Contractors’ State License Board with a certified copy of every notice of civil penalty deemed to be a final order pursuant to…
CHAPTER 9. Miscellaneous Safety Provisions §§ 6700–6725 · 25 sections
- § 6700 (a) Any employer who causes or allows the use of any flammable or combustible material for the installation acceptance pressure test of any gas houseline or…
- § 6701 It shall be the duty of the standards board to determine by the maximum allowable standards of emissions of contaminants from portable and from mobile internal…
- § 6702 All portable and all mobile internal combustion engines that are used inside factories, manufacturing plants, warehouses, buildings and other enclosed…
- § 6703 Sections 6701 and 6702 shall apply to all portable and all mobile internal combustion engines used inside factories, manufacturing plants, warehouses,…
- § 6704 All crawler and wheel cranes with cable-controlled booms and with rated lifting capacity of more than 10 tons sold or operated in this state shall be equipped…
- § 6705 No contract for public works involving an estimated expenditure in excess of twenty-five thousand dollars ($25,000), for the excavation of any trench or…
- § 6705.5 Regulations of the department requiring the shoring, bracing, or sloping of excavations, or which contain similar requirements for excavations, shall only…
- § 6706 For the purposes of subdivision (a) of Section 6500, only one permit shall be required for a project involving several trenches or excavations. The provisions…
- § 6707 Whenever the state, a county, city and county, or city issues a call for bids for the construction of a pipeline, sewer, sewage disposal system, boring and…
- § 6708 Every contractor on a construction project, including but not limited to any public works, shall maintain adequate emergency first aid treatment for his…
- § 6709 (a) The Legislature finds and declares that Valley Fever is caused by a microscopic fungus known as Coccidioides immitis, which lives in the top 2 to 12 inches…
- § 6710 (a) At every place of employment where explosives are used in the course of employment, there shall be a person licensed pursuant to the provisions of Chapter…
- § 6711 (a) The division shall develop and administer an oral and written examination for persons using explosives, as defined in Section 6710, while engaged in snow…
- § 6712 (a) The standards board shall, no later than December 1, 1991, adopt an occupational safety and health standard for field sanitation. The standard shall comply…
- § 6716 For the purposes of this division, “lead-related construction work” means any of the following: (a) Any construction, alteration, painting, demolition,…
- § 6717 (a) On or before February 1, 1994, the division shall propose to the standards board for its review and adoption, a standard that protects the health and…
- § 6717.2 Notwithstanding any other provision in law or regulation, the work performed under any construction contract, including subcontracts thereof, on the Golden…
- § 6717.5 The division shall submit to the board a rulemaking proposal to revise the lead standards of the general industry safety orders, found at Section 5198 of Title…
- § 6718 Notwithstanding any other provision of law, any test procedures adopted by a state agency to determine compliance with vapor emission standards, by vapor…
- § 6719 The Legislature reaffirms its concern over the prevalence of repetitive motion injuries in the workplace and reaffirms the Occupational Safety and Health…
- § 6720 By January 1, 2019, the division shall propose to the standards board for the board’s review and adoption a standard that minimizes heat-related illness and…
- § 6721 (a) The heat illness prevention standards set forth in Section 3395 of Title 8 of the California Code of Regulations shall be known, and may be cited, as the…
- § 6722 (a) (1) The standards board, before December 1, 2025, shall draft a rulemaking proposal to consider revising Section 1526 of Title 8 of the California Code of…
- § 6723 (a) The division, before December 1, 2027, shall submit a draft rulemaking proposal to revise Sections 1512 and 3400 of Title 8 of the California Code of…
- § 6725 (a) For purposes of this section, the following terms have the following meanings: (1) The term “agricultural employee” means a person employed in any of the…