Amended in Senate September 3, 2013

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 Section 6600 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 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 a citation or notice.

This bill would provide that an appeal of a citation or notice, as specified, that is classified and cited as a serious violation, repeat serious violation, willful serious violation, begin delete willful violation, willful repeat violation, end delete or failure to abate shall not stay abatement dates and requirements. begin insert The bill would require the division to stay the abatement for a serious violation, repeat serious violation, willful serious violation, or failure to abate, if it makes a specified determination. The bill would authorize the division to stay an abatement requirement while a motion to stay an abatement is pending. The bill would authorize an employer to request an expedited appeal from the appeals board and would require the appeals board to conduct an expedited hearing in accordance with specified regulations. end insert

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

(2) An employer may request a stay of abatement from the
division.

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

(c) The 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 begin delete promulgated end delete begin insert adopted end insert by the
begin delete Occupational Safety and Health Appeals Board, end delete begin insert appeals board end insert
pursuant to Section 373 of Title 8 of the California Code of
Regulations.