BILL NUMBER: AB 1165	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 1, 2013

INTRODUCED BY   Assembly Member Skinner
   (Principal coauthor: Senator Hancock)
    (   Coauthors:   Assembly Members 
 Ting   and Williams   ) 

                        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  , with specified exceptions,  would provide
that an appeal of  a citation, notice, special order, action
order, or proposed penalty   certain enforcement actions
 that  is   are  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.  
requirements. 
   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  such 
 the  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  
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  
violation,  if the department  cannot determine that the
preliminary evidence shows a substantial probability of death or
serious physical harm to an employee.   determines that
there is a substantial likelihood of success by the employer on the
contested matters a   nd that a stay will not adversely
affect the health and safety of employees.  The decision
 to stay an abatement will   on a request for a
stay of abatement shall  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 
 The department may stay an abatement requirement  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,  or  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   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  
violation,  if the department  cannot determine that the
preliminary evidence shows a substantial probability of death or
serious physical harm to an employee.   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.  The decision  to stay
an abatement will   on a request for a stay of abatement
shall  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 
 The department may stay an abatement requirement  while a
motion to stay an abatement is pending.