CHAPTER 1. Jurisdiction and Duties [6300. - 6332.]

Heading of Chapter 1 amended by Stats. 1973, Ch. 993.

§§ 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…