California Legislature—2013–14 Regular Session

Assembly Bill No. 1165

Introduced by Assembly Member Skinner

(Principal coauthor: Senator Hancock)

February 22, 2013

An act to amend Sections 6600 and 6600.5 of the Labor Code, relating to employment.

LEGISLATIVE COUNSEL’S DIGEST

AB 1165, as introduced, Skinner. Occupational safety and health: violations.

Existing law establishes the Division of Occupational Safety and Health in the Department of Industrial Relations to enforce employment safety laws. Existing law authorizes the division to conduct hearings, inspections, and investigations regarding alleged violations of employment safety laws and to issue citations to employers. Existing law establishes the Occupational Safety and Health Appeals Board in the department, and prescribes procedures for the appeals board to hear and decide employer appeals of the division’s enforcement actions.

This bill would provide that an appeal of a citation, notice, special order, action order, or proposed penalty that is classified and cited as a serious violation, a willful violation, a repeated violation, or a failure to abate a serious violation shall not stay abatement dates and requirements, except as specified.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 6600 of the Labor Code is amended to
read:

6600.  

begin delete Any end delete begin insert (a) end insert begin insert   end insert begin insert An end insert 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 employer as specified
in subdivision (b) of Section 6319, may appeal to the appeals board
within 15 working days from the receipt of such citation or such
notice with respect to violations alleged by the division, abatement
periods, amount of proposed penalties, and the reasonableness of
the changes required by the division to abate the condition.

begin insert

(b) An appeal of a citation or notice pursuant to Section 6317,
or a notice of proposed penalty under this part, that is classified
and cited as a serious violation, a willful violation, a repeated
violation, or a failure to abate a serious violation shall not stay
the abatement dates and requirements except as follows:

end insert begin insert

(1) An employer may request a stay of abatement for a citation
or notice of civil penalty classified as a serious violation, willful
violation, repeated serious violation, or failure to abate a serious
violation in a notice of appeal.

end insert begin insert

(2) The department shall stay the abatement for a serious
violation, willful violation, repeated serious violation, or a failure
to abate a serious violation if the department cannot determine
that the preliminary evidence shows a substantial probability of
death or serious physical harm to an employee. The decision to
stay an abatement will be final unless the employer renews the
request for a stay of abatement in a direct appeal of the
redetermination to the board.

end insert begin insert

(c) An abatement requirement shall be stayed while a motion
to stay an abatement is pending.

end insert

SEC. 2.  

Section 6600.5 of the Labor Code is amended to read:

6600.5.  

begin delete Any end delete begin insert (a) end insert begin insert   end insert begin insert An end insert 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 specified in subdivision
(b) of Section 6319, may appeal to the appeals board within 15
working days from the receipt of the order with respect to the
action ordered by the division, abatement periods, the
reasonableness of the changes required by the division to abate
the condition.

begin insert

(b) An appeal of a special order or an action order by the
division pursuant to Section 6308 that is classified and cited as a
serious violation, a willful violation, a repeated violation, or a
failure to abate a serious violation shall not stay the abatement
dates and requirements except as follows:

end insert begin insert

(1) An employer may request a stay of abatement for a serious
violation, willful violation, repeated serious violation, or failure
to abate a serious violation in a notice of appeal.

end insert begin insert

(2) The department shall stay the abatement for a serious
violation, willful violation, repeated serious violation, or a failure
to abate a serious violation if the department cannot determine
that the preliminary evidence shows a substantial probability of
death or serious physical harm to an employee. The decision to
stay an abatement will be final unless the employer renews the
request for a stay of abatement in a direct appeal of the
redetermination to the board.

end insert begin insert

(c) An abatement requirement shall be stayed while a motion
to stay an abatement is pending.

end insert