BlackletterCalifornia law

DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50. - 182.]

Division 1 enacted by Stats. 1937, Ch. 90.

§§ 50–182 · 211 sections

  1. CHAPTER 1. General Powers and Duties §§ 50–64.5 · 32 sections
    • § 50 There is in the Labor and Workforce Development Agency the Department of Industrial Relations.
    • § 50.5 One of the functions of the Department of Industrial Relations is to foster, promote, and develop the welfare of the wage earners of California, to improve…
    • § 50.6 The Department of Industrial Relations may assist and cooperate with the Wage and Hour Division, and the Children’s Bureau, United States Department of Labor,…
    • § 50.7 (a) The Department of Industrial Relations is the state agency designated to be responsible for administering the state plan for the development and…
    • § 50.8 The department shall develop a long range program for upgrading and expanding the resources of the State of California in the area of occupational health and…
    • § 50.9 In furtherance of the provisions of Section 50.5, the director, or the Director of Employment Development, may comment on the impact of actions or projects…
    • § 51 The department shall be conducted under the control of an executive officer known as Director of Industrial Relations. The Director of Industrial Relations…
    • § 52 Except as otherwise prescribed in this code, the provisions of the Government Code relating to departments of the State shall govern and apply to the conduct…
    • § 53 Whenever in Section 1001 or in Part 1 (commencing with Section 11000) of Division 3 of Title 2 of the Government Code “head of the department” or similar…
    • § 54 The director shall perform all duties, exercise all powers and jurisdiction, assume and discharge all responsibilities, and carry out and effect all purposes…
    • § 54.5 The director may appoint an attorney and assistants licensed to practice law in this state. In the absence of an appointment, the attorney for the Division of…
    • § 55 For the purpose of administration the director shall organize the department subject to the approval of the Governor, in the manner he deems necessary properly…
    • § 56 The work of the department shall be divided into at least five divisions known as the Division of Workers’ Compensation, the Division of Occupational Safety…
    • § 57 Each division shall be in charge of a chief who shall be appointed by the Governor and shall receive a salary fixed in accordance with law, and shall serve at…
    • § 57.1 (a) The Chief of the Division of Occupational Safety and Health shall receive an annual salary as provided by Chapter 6 (commencing with Section 11550) of Part…
    • § 57.2 (a) (1) Upon appropriation by the Legislature and notwithstanding any other law, upon intake of a complaint from an agricultural employee by any department,…
    • § 57.5 All duties, powers, and jurisdiction relating to the administration of the State Compensation Insurance Fund shall be vested in the Board of Directors of the…
    • § 58 The department shall have possession and control of all records, books, papers, offices, equipment, supplies, moneys, funds, appropriations, land, and other…
    • § 59 The department through its appropriate officers shall administer and enforce all laws imposing any duty, power, or function upon the offices or officers of the…
    • § 60 Except as otherwise provided, the provisions of Divisions 4 and 4.5 of this code shall be administered and enforced by the Division of Workers’ Compensation.
    • § 60.5 (a) The provisions of Part 1 of Division 5 of this code shall be administered and enforced by the department through the Division of Occupational Safety and…
    • § 60.6 All persons serving in the state civil service in the Division of Industrial Safety or in the Occupational Health Branch of the State Department of Health…
    • § 60.7 The Division of Occupational Safety and Health shall have possession and control of all records, books, papers, offices, equipment, supplies, moneys, funds,…
    • § 60.8 The Division of Occupational Safety and Health may expend money appropriated for the administration of the laws the enforcement of which is committed to the…
    • § 60.9 There is within the Division of Occupational Safety and Health an occupational health unit and an occupational safety unit, which shall assist in the…
    • § 61 The provisions of Chapter 1 (commencing with Section 1171) of Part 4 of Division 2 shall be administered and enforced by the department through the Division of…
    • § 62 The department may expend money appropriated for the administration of the provisions of the laws, the enforcement of which is committed to the department. The…
    • § 62.5 (a) (1) The Workers’ Compensation Administration Revolving Fund is hereby created as a special account in the State Treasury. Money in the fund may be expended…
    • § 62.8 Five million dollars ($5,000,000) is hereby appropriated for transfer by the State Controller upon order of the Director of Finance from the Cal-OSHA Targeted…
    • § 63 The Director may authorize the refund of moneys received or collected by the department in payment of license fees or for other services in cases where the…
    • § 64 The Labor Commissioner may enter into reciprocal agreements with the labor department or corresponding agency of any other state or with the person, board,…
    • § 64.5 When requested by the State Board of Equalization, the department may permit any duly authorized representative of that agency to transmit to the State Board…
  2. CHAPTER 1.5. Mediation §§ 66–67 · 2 sections
    • § 66 The services of the department pursuant to Section 65 shall be conducted by a unit within the department to be known as the California State Mediation and…
    • § 67 (a) Notwithstanding any other law, the director may seek and collect reimbursement from private and public sector employers, labor unions, and employee…
  3. CHAPTER 2. Industrial Welfare Commission §§ 70–74 · 6 sections
    • § 70 There is in the Department of Industrial Relations the Industrial Welfare Commission which consists of five members. The members of the commission shall be…
    • § 70.1 The Industrial Welfare Commission shall be composed of two representatives of organized labor who are members of recognized labor organizations, two…
    • § 71 The term of office of the members of the Industrial Welfare Commission shall be four years and they shall hold office until the appointment and qualification…
    • § 72 The members of the commission shall receive one hundred dollars ($100) for each day’s actual attendance at meetings and other official business of the…
    • § 73 The Industrial Welfare Commission may employ necessary assistants, officers, experts, and such other employees as it deems necessary. All such personnel of the…
    • § 74 The Chief of the Division of Labor Standards Enforcement, for the purpose of enforcing Industrial Welfare Commission orders and provisions of this code, may…
  4. CHAPTER 3. Commission on Health and Safety and Workers’ Compensation §§ 75–78 · 6 sections
    • § 75 (a) There is in the department the Commission on Health and Safety and Workers’ Compensation. The commission shall be composed of eight voting members. Four…
    • § 76 The commission may employ officers, assistants, experts, and other employees it deems necessary. All personnel of the commission shall be under the supervision…
    • § 77 (a) The commission shall conduct a continuing examination of the workers’ compensation system, as defined in Section 4 of Article XIV of the California…
    • § 77.5 (a) On or before July 1, 2004, the commission shall conduct a survey and evaluation of evidence-based, peer-reviewed, nationally recognized standards of care,…
    • § 77.8 The Commission on Health and Safety and Workers’ Compensation shall conduct a study of the impacts claims of COVID-19 have had on the workers’ compensation…
    • § 78 (a) The commission shall review and approve applications from employers and employee organizations, as well as applications submitted jointly by an employer…
  5. CHAPTER 4. Division of Labor Standards Enforcement §§ 79–107 · 54 sections
    • § 79 There is in the Department of Industrial Relations the Division of Labor Standards Enforcement. The Division of Labor Standards Enforcement shall be under the…
    • § 80 The headquarters of the Division of Labor Standards Enforcement, hereafter in this chapter referred to as the division, shall be located in San Francisco.
    • § 81 The employees of the division shall devote their full time to the work of the division and shall receive their actual necessary traveling expenses. The…
    • § 82 (a) The Division of Labor Standards Enforcement succeeds to, and is vested with, all of the powers, duties, purposes, responsibilities, and jurisdiction of the…
    • § 83 (a) The Division of Labor Standards Enforcement succeeds to, and is vested with, all of the powers, duties, purposes, responsibilities, and jurisdiction of the…
    • § 87 All persons, other than temporary employees, serving in the state civil service and engaged in the performance of a function transferred pursuant to this…
    • § 88 The personnel records of all employees transferred pursuant to Section 87 shall remain in the Department of Industrial Relations.
    • § 89 The Division of Labor Standards Enforcement shall have possession and control of all records, books, papers, offices, equipment, supplies, moneys, funds,…
    • § 89.5 The Division of Labor Standards Enforcement may expend the money in any appropriation or in any special fund in the State Treasury made available by law for…
    • § 90 The Labor Commissioner, his deputies and agents, shall have free access to all places of labor. Any person, or agent or officer thereof, who refuses admission…
    • § 90.2 (a) (1) Except as otherwise required by federal law, an employer shall provide a notice to each current employee, by posting in the language the employer…
    • § 90.3 (a) It is the policy of this state to vigorously enforce the laws requiring employers to secure the payment of compensation as required by Section 3700 and to…
    • § 90.5 (a) It is the policy of this state to vigorously enforce minimum labor standards in order to ensure employees are not required or permitted to work under…
    • § 90.6 (a) In the case of an investigation by the field enforcement unit, the date of a written notice by the Labor Commissioner to an employer, or other person or…
    • § 90.7 When the division determines that an employer has violated Section 226.2, 1021, 1021.5, 1197, or 1771, or otherwise determines that an employer may have failed…
    • § 90.8 (a) As an alternative to a judgment lien, the Labor Commissioner may create a lien on real property to secure the amount due to the Labor Commissioner under…
    • § 91 Any person who willfully impedes or prevents the Labor Commissioner or his deputies or agents in the performance of duty, is guilty of a misdemeanor,…
    • § 92 The Labor Commissioner, his deputies and agents, may issue subpoenas to compel the attendance of witnesses and parties and the production of books, papers and…
    • § 93 Obedience to subpoenas issued by the Labor Commissioner, or his deputies or agents shall be enforced by the courts. It is a misdemeanor to ignore willfully…
    • § 94 The office of the division shall be open for business from 9 o'clock a.m. until 5 o'clock p.m. every day except nonjudicial days, and the officers thereof…
    • § 95 (a) The division may enforce the provisions of this code and all labor laws of the state the enforcement of which is not specifically vested in any other…
    • § 96 The Labor Commissioner and the deputies and representatives authorized by the commissioner in writing shall, upon the filing of a claim therefor by an…
    • § 96.1 (a) By March 1, 2022, and by that date annually thereafter, the division shall submit a report to the Department of Finance and the budget committees and…
    • § 96.3 In cases where employees are covered by a collective bargaining agreement, the collective bargaining representative by virtue of such agreement may be the…
    • § 96.5 The Labor Commissioner shall conduct such hearings as may be necessary for the purpose of Section 7071.11 of the Business and Professions Code. In any action…
    • § 96.6 The Industrial Relations Unpaid Wage Fund is hereby created as a special fund in the State Treasury, which is continuously appropriated for the purposes of…
    • § 96.7 The Labor Commissioner, after investigation and upon determination that wages or monetary benefits are due and unpaid to any worker in the State of California,…
    • § 96.8 (a) Notwithstanding any other law, beginning 20 days after a judgment is entered by a court of competent jurisdiction in favor of the Labor Commissioner, or in…
    • § 97 The Labor Commissioner, his deputies and representatives shall not be bound by any rule requiring the consent of the spouse of a married claimant, the filing…
    • § 98 (a) The Labor Commissioner is authorized to investigate employee complaints. The Labor Commissioner may provide for a hearing in any action to recover wages,…
    • § 98.1 (a) Within 15 days after the hearing is concluded, the Labor Commissioner shall file in the office of the division a copy of the order, decision, or award. The…
    • § 98.2 (a) Within 10 days after service of notice of an order, decision, or award, the parties may seek review by filing an appeal to the superior court, where the…
    • § 98.3 (a) The Labor Commissioner may prosecute all actions for the collection of wages, penalties, and demands of persons who in the judgment of the Labor…
    • § 98.4 (a) The Labor Commissioner may, upon the request of a claimant financially unable to afford counsel, represent such claimant in the de novo proceedings…
    • § 98.5 The Labor Commissioner shall have the right to intervene in any court proceedings conducted pursuant to Section 98.2 where questions of the interpretation of…
    • § 98.6 (a) A person shall not discharge an employee or in any manner discriminate, retaliate, or take any adverse action against any employee or applicant for…
    • § 98.7 (a) (1) Any person who believes that they have been discharged or otherwise discriminated against in violation of any law under the jurisdiction of the Labor…
    • § 98.74 (a) If the Labor Commissioner determines, after an investigation of a retaliation or discrimination complaint filed in accordance with Section 98.7, that a…
    • § 98.75 The Labor Commissioner shall submit a report to the Legislature by February 15, 1987, and annually thereafter by February 15, providing the following…
    • § 98.8 The Labor Commissioner shall promulgate all regulations and rules of practice and procedure necessary to carry out the provisions of this chapter.
    • § 98.9 Upon a finding by the Labor Commissioner that a willful or deliberate violation of any of the provisions of the Labor Code, within the jurisdiction of the…
    • § 98.10 (a) On or before June 1, 2017, the Labor Commissioner shall develop a model notice pertaining to workplace rights and wage and hour laws for employees of…
    • § 98.11 The Labor Commissioner shall develop a model list of employees’ rights and responsibilities under the whistleblower laws that complies with the requirements of…
    • § 99 The division may file preferred claims, mechanics’ liens, and other liens of employees in the name of the Labor Commissioner, his deputy or representative or…
    • § 100 The division may join various claimants in one preferred claim or lien as well as list them with the data regarding their claims in an exhibit and join them,…
    • § 100.5 Preferred claims for work performed or personal services rendered are provided for in Sections 1204, 1205, 1206, 1207, and 1208 of the Code of Civil Procedure,…
    • § 101 No court costs of any nature shall be payable by the division, in any civil action to which the division is a party. Any sheriff or marshal requested by the…
    • § 101.5 No fees shall be payable for the filing or recording of any document or paper in the performance of any official service by the Labor Commissioner. The amount…
    • § 102 The sheriff or marshal shall specify when the summons or process is returned, what costs he or she would ordinarily have been entitled to for such service, and…
    • § 103 The Labor Commissioner shall, to the extent provided for by any reciprocal agreement entered into pursuant to Section 64, or by the laws of any other state,…
    • § 104 The Labor Commissioner shall, upon the written request of the labor department or other corresponding agency of any other state or of any person, board,…
    • § 105 (a) The Labor Commissioner shall provide qualified bilingual persons in public contact positions or as interpreters to assist those in such positions to…
    • § 106 (a) The Labor Commissioner may authorize an employee of any of the agencies that participate in the Joint Enforcement Strike Force on the Underground Economy,…
    • § 107 (a) The enforcement of Section 14110.65 of the Welfare and Institutions Code is vested with the State Department of Health Services. (b) Any claim made under…
  6. CHAPTER 4.3. Discrimination and Harassment Prevention in the Construction Industry § 107.5 · 1 section
    • § 107.5 (a) The Division of Labor Standards Enforcement shall develop recommendations for an industry-specific harassment and discrimination prevention policy and…
  7. CHAPTER 4.4. Women in Construction Priority Unit §§ 107.7–107.7.2 · 3 sections
    • § 107.7 For purposes of this chapter, all of the following definitions shall apply: (a) “Department” means the Department of Industrial Relations. (b) “Director” means…
    • § 107.7.1 (a) Upon appropriation by the Legislature, the department shall establish a Women in Construction Priority Unit, overseen by the director, to coordinate and…
    • § 107.7.2 The unit shall do all of the following: (a) Assist and provide resources to women and nonbinary individuals, including, but not limited to, apprentices and…
  8. CHAPTER 4.5. Electrician Certification §§ 108–108.5 · 5 sections
    • § 108 (a) The Division of Labor Standards Enforcement shall do all of the following: (1) Maintain minimum standards for the competency and training of electricians…
    • § 108.2 (a) Persons who perform work as electricians shall become certified pursuant to Section 108. Uncertified persons shall not perform electrical work for which…
    • § 108.3 The Division of Labor Standards Enforcement shall do all of the following: (a) Make information about electrician certification available in non-English…
    • § 108.4 (a) An uncertified person may perform electrical work for which certification is required under Section 108 in order to acquire the necessary on-the-job…
    • § 108.5 (a) The Electrician Certification Fund is established as a special account in the State Treasury. Proceeds of the fund may be expended by the department, upon…
  9. CHAPTER 5. Division of Workers’ Compensation §§ 110–139.6 · 53 sections
    • § 110 As used in this chapter: (a) “Appeals board” means the Workers’ Compensation Appeals Board. The title of a member of the board is “commissioner.” (b)…
    • § 110.5 For the purpose of this chapter and subject to restrictions or requirements that may be adopted by the administrative director or the Workers’ Compensation…
    • § 111 The Workers’ Compensation Appeals Board, consisting of seven members, shall exercise all judicial powers vested in it under this code. In all other respects,…
    • § 112 The members of the appeals board shall be appointed by the Governor with the advice and consent of the Senate. The term of office of the members appointed…
    • § 113 The Governor shall designate the chairman of the appeals board from the membership of the appeals board. The person so designated shall hold the office of…
    • § 115 Actions of the appeals board shall be taken by decision of a majority of the appeals board except as otherwise expressly provided. The chairman shall assign…
    • § 116 The seal of the appeals board bearing the inscription “Workers’ Compensation Appeals Board, Seal” shall be affixed to all writs and authentications of copies…
    • § 117 The administrative director may appoint an attorney licensed to practice law in the state as counsel to the division.
    • § 119 The attorney shall: (a) Represent and appear for the state and the Division of Workers’ Compensation and the appeals board in all actions and proceedings…
    • § 120 The administrative director and the chairman of the appeals board may each respectively appoint a secretary and assistant secretaries to perform such services…
    • § 121 The chairman of the appeals board may authorize its secretary and any two assistant secretaries to act as deputy appeals board members and may delegate…
    • § 122 The administrative director shall appoint a medical director who shall possess a physician’s and surgeon’s certificate granted under Chapter 5 (commencing with…
    • § 123 The administrative director may employ necessary assistants, officers, experts, statisticians, actuaries, accountants, workers’ compensation administrative law…
    • § 123.3 Any official reporter employed by the administrative director shall render stenographic or clerical assistance as directed by the presiding workers’…
    • § 123.5 (a) Workers’ compensation administrative law judges employed by the administrative director shall be taken from an eligible list of attorneys licensed to…
    • § 123.6 (a) All workers’ compensation administrative law judges employed by the administrative director shall subscribe to the Code of Judicial Ethics adopted by the…
    • § 123.7 The appeals board may, by rule or regulation, establish procedures whereby attorneys who are either certified specialists in workers’ compensation by the…
    • § 124 (a) In administering and enforcing this division and Division 4 (commencing with Section 3200), the division shall protect the interests of injured workers who…
    • § 125 The administrative director shall cause to be printed and furnished free of charge to any person blank forms that may facilitate or promote the efficient…
    • § 126 The Division of Workers’ Compensation, including the administrative director and the appeals board, shall keep minutes of all their proceedings and other books…
    • § 127 The administrative director may do all of the following: (a) Charge and collect fees for copies of papers and records, for certified copies of official…
    • § 127.1 (a) The administrative director, with input from the Commission on Health and Safety and Workers’ Compensation, shall issue a report to the Legislature, on or…
    • § 128 The appeals board may accept appointment as deputy commissioner under, or any delegation of authority to enforce, the United States Longshoremen’s and Harbor…
    • § 129 (a) To make certain that injured workers, and their dependents in the event of their death, receive promptly and accurately the full measure of compensation to…
    • § 129.5 (a) The administrative director may assess an administrative penalty against an insurer, self-insured employer, or third-party administrator for any of the…
    • § 130 The appeals board and each of its members, its secretary, assistant secretaries, and workers’ compensation judges, may administer oaths, certify to all…
    • § 131 Each witness who appears by order of the appeals board or any of its members, or a workers’ compensation judge, shall receive, if demanded, for his or her…
    • § 132 The superior court in and for the county in which any proceeding is held by the appeals board or a workers’ compensation judge may compel the attendance of…
    • § 132a It is the declared policy of this state that there should not be discrimination against workers who are injured in the course and scope of their employment.…
    • § 133 The Division of Workers’ Compensation, including the administrative director and the appeals board, shall have power and jurisdiction to do all things…
    • § 134 The appeals board or any member thereof may issue writs or summons, warrants of attachment, warrants of commitment and all necessary process in proceedings for…
    • § 135 In accordance with rules of practice and procedure that it may adopt, the appeals board may, with the approval of the Secretary of State, destroy or otherwise…
    • § 138 The administrative director may appoint a deputy to act when he or she is absent from the state due to official business, vacation, or illness.
    • § 138.1 The administrative director shall be appointed by the Governor with the advice and consent of the Senate and shall hold office at the pleasure of the Governor.
    • § 138.2 (a) The headquarters of the Division of Workers’ Compensation shall be based at and operated from a centrally located city. The administrative director shall…
    • § 138.3 The administrative director shall, with respect to all injuries, prescribe, pursuant to Section 5402, reasonable rules and regulations requiring the employer…
    • § 138.4 (a) For the purpose of this section, “claims administrator” means a self-administered workers’ compensation insurer; or a self-administered self-insured…
    • § 138.5 The Division of Workers’ Compensation shall cooperate in the enforcement of child support obligations. At the request of the Department of Child Support…
    • § 138.6 (a) The administrative director, in consultation with the Insurance Commissioner and the Workers’ Compensation Insurance Rating Bureau, shall develop a…
    • § 138.7 (a) Except as expressly permitted in subdivision (b), a person or public or private entity not a party to a claim for workers’ compensation benefits shall not…
    • § 138.8 (a) On or before January 1, 2024, and annually thereafter, the administrative director shall publish on the division’s internet website provider utilization…
    • § 139.2 (a) The administrative director shall appoint qualified medical evaluators in each of the respective specialties as required for the evaluation of…
    • § 139.21 (a) (1) The administrative director shall promptly suspend, pursuant to subdivision (b), any physician, practitioner, or provider from participating in the…
    • § 139.3 (a) Notwithstanding any other law, to the extent those services are paid pursuant to Division 4 (commencing with Section 3200), it is unlawful for a physician…
    • § 139.31 The prohibition of Section 139.3 shall not apply to or restrict any of the following: (a) A physician may refer a patient for a good or service otherwise…
    • § 139.32 (a) For the purpose of this section, the following definitions apply: (1) “Financial interest in another entity” means, subject to subdivision (h), either of…
    • § 139.4 (a) The administrative director may review advertising copy to ensure compliance with Section 651 of the Business and Professions Code and may require…
    • § 139.43 (a) No person or entity shall advertise, print, display, publish, distribute, or broadcast, or cause or permit to be advertised, printed, displayed, published,…
    • § 139.45 (a) In promulgating regulations pursuant to Sections 139.4 and 139.43, the administrative director shall take particular care to preclude any advertisements…
    • § 139.47 The Director of Industrial Relations shall establish and maintain a program to encourage, facilitate, and educate employers to provide early and sustained…
    • § 139.48 (a) There is in the department a return-to-work program administered by the director, funded by one hundred twenty million dollars ($120,000,000) annually…
    • § 139.5 (a) (1) The administrative director shall contract with one or more independent medical review organizations and one or more independent bill review…
    • § 139.6 (a) The administrative director shall establish and effect within the Division of Workers’ Compensation a continuing program to provide information and…
  10. CHAPTER 6. Occupational Safety and Health Standards Board §§ 140–147.6 · 27 sections
    • § 140 (a) There is in the Department of Industrial Relations, the Occupational Safety and Health Standards Board which consists of seven members who shall be…
    • § 141 (a) The terms of office of the members of the board shall be four years and they shall hold office until the appointment and qualification of a successor. The…
    • § 142 The Division of Occupational Safety and Health shall enforce all occupational safety and health standards adopted pursuant to this chapter, and those…
    • § 142.1 The board shall meet at least monthly. The meetings shall be rotated throughout the state at locations designated by the chairman. All meetings held by the…
    • § 142.2 At each of its meetings, the board shall make time available to interested persons to propose new or revised orders or standards appropriate for adoption…
    • § 142.3 (a) (1) The board, by an affirmative vote of at least four members, may adopt, amend or repeal occupational safety and health standards and orders. The board…
    • § 142.4 (a) Occupational safety and health standards and orders shall be adopted, amended, or repealed as provided in Chapter 3.5 (commencing with Section 11340) of…
    • § 142.7 (a) On or before October 1, 1987, the board shall adopt an occupational safety and health standard concerning hazardous substance removal work, so as to…
    • § 143 (a) Any employer may apply to the board for a permanent variance from an occupational safety and health standard, order, special order, or portion thereof,…
    • § 143.1 The board shall conduct hearings on such requests for a permanent variance after employees or employee representatives are properly notified and given an…
    • § 143.2 The board, acting as a whole, may adopt, amend, or repeal rules of practice and procedure pertaining to hearings on applications for permanent variances,…
    • § 144 (a) The authority of any agency, department, division, bureau or any other political subdivision other than the Division of Occupational Safety and Health to…
    • § 144.5 (a) The Division of Occupational Safety and Health in connection with the enforcement of occupational safety and health standards adopted pursuant to this…
    • § 144.6 In promulgating standards dealing with toxic materials or harmful physical agents, the board shall adopt that standard which most adequately assures, to the…
    • § 144.7 (a) The board shall, no later than January 15, 1999, adopt an emergency regulation revising the bloodborne pathogen standard currently set forth in Section…
    • § 144.8 (a) As used in this section the following definitions shall apply: (1) “Antineoplastic drug” means a chemotherapeutic agent that controls or kills cancer…
    • § 144.9 (a) As used in this section, the following definitions apply: (1) “Board” means the Occupational Safety and Health Standards Board. (2) “Division” means the…
    • § 145 The board may employ necessary assistants, officers, experts, and such other employees as it deems necessary. All such personnel of the board shall be under…
    • § 145.1 The board and its duly authorized representatives in the performance of its duties shall have the powers of a head of a department as set forth in Article 2…
    • § 146 In the conduct of hearings related to permanent variances, the board and its representatives are not bound by common law or statutory rules of evidence or by…
    • § 147 The board shall refer to the Division of Occupational Safety and Health for evaluation any proposed occupational safety or health standard or variance from…
    • § 147.1 In connection with the development and promulgation of occupational health standards the Division of Occupational Safety and Health shall perform all of the…
    • § 147.2 (a) As used in this section, “Hazard Evaluation System and Information Service” or “HESIS” means the repository established pursuant to subdivision (b). (b) In…
    • § 147.3 (a) When the Division of Occupational Safety and Health receives a report from the State Department of Public Health pursuant to subdivision (c) of Section…
    • § 147.4 (a) By January 1, 2016, the department shall convene an advisory committee to evaluate whether changes are needed to align the general industry safety orders…
    • § 147.5 (a) By January 1, 2017, the Division of Occupational Safety and Health shall convene an advisory committee to evaluate whether there is a need to develop…
    • § 147.6 (a) By March 1, 2018, the Division of Occupational Safety and Health shall convene an advisory committee to evaluate whether there is a need to develop…
  11. CHAPTER 6.5. Occupational Safety and Health Appeals Board §§ 148–149.5 · 11 sections
    • § 148 (a) There is in the Department of Industrial Relations the Occupational Safety and Health Appeals Board, consisting of three members appointed by the Governor,…
    • § 148.1 Each member of the appeals board shall serve for a term of four years and until his successor is appointed and qualifies. The terms of the first three members…
    • § 148.2 The appeals board may employ necessary assistants, officers, experts, hearing officers, and such other employees as it deems necessary. All such personnel of…
    • § 148.4 All decisions and orders of the appeals board shall be in writing.
    • § 148.5 A decision of the appeals board is final, except for any rehearing or judicial review as permitted by Chapter 4 (commencing with Section 6600) of Part 1 of…
    • § 148.6 A decision of the appeals board is binding on the director and the Division of Occupational Safety and Health with respect to the parties involved in the…
    • § 148.7 The appeals board, acting as a whole, may adopt, amend, or repeal rules of practice and procedure pertaining to hearing appeals and other matters falling…
    • § 148.8 The appeals board and its duly authorized representatives in the performance of its duties shall have the powers of a head of a department as set forth in…
    • § 148.9 Decisions of the appeals board shall be made by a majority of the appeals board, except as otherwise expressly provided.
    • § 149 The chairman of the appeals board may authorize its executive officer to act as deputy appeals board member, and may delegate authority and duties to the…
    • § 149.5 The appeals board may award reasonable costs, including attorney’s fees, consultant’s fees, and witness’ fees, not to exceed five thousand dollars ($5,000) in…
  12. CHAPTER 7. Labor Statistics and Research §§ 150–157 · 6 sections
    • § 150 (a) The department shall collect, compile, and present facts and statistics relating to the condition of labor in the state, including information as to cost…
    • § 151 (a) The department shall conduct an annual survey of the ethnic derivation and gender of the individuals who are parties to apprentice agreements described in…
    • § 152 The Director of Industrial Relations and authorized employees of the department may issue subpoenas to compel the attendance of witnesses and production of…
    • § 153 Except as provided in Section 151 no use shall be made in the statistical or other reports prepared pursuant to this chapter of the names of persons supplying…
    • § 156 An annual report containing statistics on California work injuries and occupational diseases and fatalities by industry classifications shall be completed and…
    • § 157 (a) The Department of Industrial Relations shall provide the Department of Transportation with links to existing public registries and databases related to…
  13. CHAPTER 7.5. Division of Occupational Safety and Health §§ 175–176 · 2 sections
    • § 175 The Division of Occupational Safety and Health shall be the lead agency in providing for public health and safety as well as worker health and safety in the…
    • § 176 (a) The Legislature hereby finds and declares that the Dymally-Alatorre Bilingual Services Act, Chapter 17.5 (commencing with Section 7290) of Division 7 of…
  14. CHAPTER 8. Alternative Enforcement §§ 180–182 · 3 sections
    • § 180 As used in this chapter, “public prosecutor” means the Attorney General, a district attorney, a city attorney, a county counsel, or any other city or county…
    • § 181 (a) In addition to any other remedies available, a public prosecutor may prosecute an action, either civil or criminal, for a violation of Division 2…
    • § 182 In any action initiated by a public prosecutor or the Labor Commissioner to enforce this code, any individual agreement between a worker and employer that…