Amended in Senate June 13, 2013

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)

(Coauthors: Assembly Members Ting and Williams)

February 22, 2013

An act to amend begin delete Sections end delete begin insert Section end insert 6600 begin delete and 6600.5 end delete 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 begin delete citations end delete begin insert a citation or notice end insert 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 begin delete the division’s enforcement actions end delete begin insert a citation or notice end insert .

This bill begin delete , with specified exceptions, end delete would provide that an appeal of begin delete certain enforcement actions end delete begin insert a citation or notice, as specified, end insert that begin delete are end delete begin insert is end insert classified and cited as a serious violation, begin delete a willful violation, a repeated violation, or a failure to abate a serious violation end delete begin insert repeat serious violation, willful serious violation, willful violation, willful repeat violation, or failure to abate end insert shall not stay abatement dates and requirements.

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . 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 the citation or 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)  begin delete An end delete begin insert (1) end insert begin insert   end insert begin insert When either abatement is on appeal or abatement
has not occurred, an end insert appeal of a citation or notice pursuant to
Section 6317, begin delete or a notice of proposed penalty under this part, end delete that
is classified and cited as a serious violation, begin delete a willful violation, a
repeated violation, or a failure to abate a serious violation end delete begin insert repeat
serious violation, willful serious violation, willful violation, willful
repeat violation, or failure to abate end insert shall not stay the abatement
dates and begin delete requirements, except as follows: end delete begin insert requirements. end insert

begin delete

(1)

end delete

begin insert (2) end insert  An employer may request a stay of abatement begin delete 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 delete begin insert from the division. end insert

begin delete

(2)

end delete

begin insert (3) end insert  The begin delete department end delete begin insert division end insert shall stay the abatement for a serious
violation, begin delete willful violation, repeated serious violation, or a failure
to abate a serious violation end delete begin insert repeat serious violation, willful serious
violation, willful violation, willful repeat violation, or failure to
abate end insert , if the begin delete department end delete begin insert division end insert determines begin delete that there is a
substantial likelihood of success by the employer on the contested
matters and end delete that a stay will not adversely affect the health and
safety of employees. begin delete The decision 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. end delete

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

begin insert

(d) The employer may request an expedited appeal from the
appeals board and the appeals board shall conduct an expedited
hearing pursuant to regulations promulgated by the Occupational
Safety and Health Appeals Board, pursuant to Section 373 of Title
8 of the California Code of Regulations.

end insert

begin delete

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, 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 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 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) The department may stay an abatement requirement while
a motion to stay an abatement is pending.

end delete