BILL NUMBER: AB 1165	AMENDED
	BILL TEXT

	AMENDED IN SENATE  SEPTEMBER 3, 2013
	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 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,  willful
violation, willful repeat violation,  or failure to abate
shall not stay abatement dates and requirements.  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 a   n 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. 
   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
 6317,   6317  that is classified and cited
as 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.
   (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, 
willful violation, willful repeat violation,  or failure to
abate, if the 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.
   (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  promulgated   adopted
 by the  Occupational Safety and Health Appeals Board,
  appeals board  pursuant to Section 373 of Title 8
of the California Code of Regulations.