BILL NUMBER: AB 1165 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 13, 2013
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 Section
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
a citation or notice 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 a citation or notice .
This bill , with specified exceptions, would
provide that an appeal of certain enforcement actions
a citation or notice, as specified, that
are is classified and cited as a
serious violation, a willful violation, a repeated
violation, or a failure to abate a serious violation
repeat serious violation, willful serious violation,
willful violation, willful repeat violation, or failure to abate
shall not stay abatement dates and requirements.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . 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) An (1) When
either abatement is on appeal or abatement has not occurred, 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 repeat serious violation, willful serious
violation, willful violation, willful repeat violation, or failure to
abate shall not stay the abatement dates and
requirements, except as follows: requirements.
(1)
(2) 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.
from the division.
(2)
(3) The department division
shall stay the abatement for a serious violation,
willful violation, repeated serious violation, or a failure to abate
a serious violation repeat serious violation, willful
serious violation, willful violation, willful repeat violation, or
failure to abate , if the department
division 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 division may stay
an abatement requirement while a motion to stay an abatement is
pending.
(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.
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.