BILL NUMBER: AB 1165	INTRODUCED
	BILL TEXT


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.   Any   (a)     An
 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. 
   (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:  
   (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.  
   (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.  
   (c) An abatement requirement shall be stayed while a motion to
stay an abatement is pending. 
  SEC. 2.  Section 6600.5 of the Labor Code is amended to read:
   6600.5.   Any   (a)     An
 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. 
   (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:  
   (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.  
   (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.  
   (c) An abatement requirement shall be stayed while a motion to
stay an abatement is pending.