Amended in Assembly May 1, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1165

Introduced by Assembly Member Skinner

(Principal coauthor: Senator Hancock)

begin insert

(Coauthors: Assembly Members Ting and Williams)

end insert

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 amended, 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 begin insert , with specified exceptions, end insert would provide that an appeal of begin delete a citation, notice, special order, action order, or proposed penalty end delete begin insert certain enforcement actions end insert that begin delete is end delete begin insert are end insert 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 begin delete requirements, except as specified. end delete begin insert requirements. end insert

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.  

(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 begin delete such end delete begin insert the end insert citation or
begin delete such end delete 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 begin delete requirements end delete begin insert requirements, end insert 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 begin delete violation end delete begin insert violation, end insert if the department begin delete cannot
determine that the preliminary evidence shows a substantial
probability of death or serious physical harm to an employee. end delete
begin insert determines that there is a substantial likelihood of success by the
employer on the contested matters and that a stay will not adversely
affect the health and safety of employees. end insert The decision begin delete to stay an
abatement will end delete begin insert on a request for a stay of abatement shall end insert be final
unless the employer renews the request for a stay of abatement in
a direct appeal of the redetermination to the board.

(c)  begin delete An abatement requirement shall be stayed end delete begin insert The department
may stay an abatement requirement end insert while a motion to stay an
abatement is pending.

SEC. 2.  

Section 6600.5 of the Labor Code is amended to read:

6600.5.  

(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, begin insert or end insert 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 begin delete requirements end delete begin insert requirements, end insert 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 begin delete violation end delete begin insert violation, end insert if the department begin delete cannot
determine that the preliminary evidence shows a substantial
probability of death or serious physical harm to an employee. end delete
begin insert determines that there is a substantial likelihood of success by the
employer on the contested matters and that a stay will not adversely
affect the health and safety of employees. end insert The decision begin delete to stay an
abatement will end delete begin insert on a request for a stay of abatement shall end insert be final
unless the employer renews the request for a stay of abatement in
a direct appeal of the redetermination to the board.

(c)  begin delete An abatement requirement shall be stayed end delete begin insert The department
may stay an abatement requirement end insert while a motion to stay an
abatement is pending.