Amended in Assembly April 9, 2013

Amended in Assembly March 13, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1277

Introduced by Assembly Member Skinner

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(Principal coauthor: Senator DeSaulnier)

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February 22, 2013

An act to amend begin delete Section end delete begin insert Sections 143.1, 148.5, 6317, 6409.1, 6601, 6601.5, 6602, end insert 6603 begin insert , 6614, and 6625 end insert of begin insert , to add Sections 148.3, 6600.1, 6602.5, 6602.6, and 6626.5 to, and to repeal and add Section 6309 to, end insert the Labor Code, relating to employment.

LEGISLATIVE COUNSEL’S DIGEST

AB 1277, as amended, Skinner. begin delete Department of Industrial Relations. end delete begin insert Occupational safety and health: procedures. end insert

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. begin insert Existing law also establishes the Occupational Safety and Health Standards Board in the department and authorizes the standards board to adopt, amend, or repeal occupational safety and health standards and orders and prescribes procedures for the standards board to conduct a hearing on a request for a permanent variance from a standard or order upon request from an employer, as specified. end insert

begin delete

Existing law requires the rules of practice and procedure established by the appeals board to provide affected employees or representatives of affected employees an opportunity to participate as parties to a hearing contesting specified enforcement actions.

end delete begin delete

This bill would require that the board’s rules of practice and procedure also provide for the scheduling of hearings in a manner designed to minimize inconvenience to the division, parties, and witnesses, and to provide for completion of the hearings without significant lapses in time, as specified.

end delete begin insert

This bill would revise and recast various provisions regarding the investigations and citations issued by the division, the persons or entities who are authorized to participate as parties in an appeal before the appeals board, the procedures that govern the standards board in conducting a hearing on a permanent variance, the procedures that govern the appeals board in hearing, deciding, and reconsidering appeals, and procedures that govern the judicial review of the appeals board’s decisions. The bill would make other related clarifying and conforming changes.

end insert begin insert

Existing law requires an employer to file a complete report of every occupational injury or occupational illness, as defined, to each employee that results in lost time beyond the date of the injury or illness, or that requires medical treatment beyond first aid, with the department, or if an insured employer, with the insurer. Under existing law, in every case involving a serious injury or illness, or death, an additional report is required to be made immediately by the employer to the division, as specified. Under existing law, an employer is required to be assessed a civil penalty not less than $5,000 for a violation of the requirement to make the additional report to the division.

end insert begin insert

This bill would authorize the division to increase the penalty in a settlement or decrease it to no less than $2,500 under specified conditions, including that the employer has declared, under penalty of perjury, that it made a timely report to its workers’ compensation carrier or to a state, county, or local fire or police agency and that it was informed by that entity that the report satisfied the requirement to report to the division. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 143.1 of the end insert begin insert Labor Code end insert begin insert is amended to
read: end insert

143.1.  

begin insert (a) end insert begin insert   end insert The board shall conduct begin delete hearings end delete begin insert a hearing end insert on begin delete such
requests end delete begin insert a request end insert for a permanent variance after begin insert affected end insert
employees or employee representatives are properly notified
begin insert pursuant to subdivision (b) end insert and given an opportunity to begin delete appear end delete begin insert be
heard end insert . All board decisions on permanent variance requests shall
be final except for any rehearing or judicial review provided for
by law.

begin insert

(b) An affected employee has a right to due process when a
permanent variance from a standard or order is sought pursuant
to Section 143. The employer shall post a notice of the variance
prepared by the board and shall provide that notice to each
collective bargaining agent who represents an employee.

end insert begin insert

(c) For the purposes of this section, “affected employee” means
an employee who would be affected by the grant or denial of a
variance, limitation, variation, tolerance, or exemption from a
standard or order sought by an employer pursuant to Section 143.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 148.3 is added to the end insert begin insert Labor Code end insert begin insert , to read: end insert

begin insert

begin insert 148.3. end insert   

In adjudicating appeals, the appeals board shall do
both of the following:

(a) Apply the regulations adopted by the department regarding
occupational safety and health.

(b) Liberally construe the provisions of Division 5 (commencing
with Section 6300), as well as the standards and orders adopted
by the Division of Occupational Safety and Health or the
department pursuant to that division, and the standards and orders
adopted by the Occupational Safety and Health Standards Board
pursuant to Chapter 6 (commencing with Section 140), in order
to promote safe and healthy working conditions for the working
men and women of this state.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 148.5 of the end insert begin insert Labor Code end insert begin insert is amended to read: end insert

148.5.  

A decision of the appeals board is final, except for any
rehearing or judicial review as permitted by Chapter begin delete 4 end delete begin insert 7 end insert
(commencing with Section 6600) of Part 1 of Division 5.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 6309 of the end insert begin insert Labor Code end insert begin insert is repealed. end insert

begin delete

6309.  

If the division learns or has reason to believe that an
employment or place of employment is not safe or is injurious to
the welfare of an employee, it may, on its own motion, or upon
complaint, summarily investigate the same with or without notice
or hearings. However, if the division receives a complaint from
an employee, an employee’s representative, including, but not
limited to, an attorney, health or safety professional, union
representative, or government agency representative, or an
employer of an employee directly involved in an unsafe place of
employment, that his or her employment or place of employment
is not safe, it shall, with or without notice or hearing, summarily
investigate the complaint as soon as possible, but not later than
three working days after receipt of a complaint charging a serious
violation, and not later than 14 calendar days after receipt of a
complaint charging a nonserious violation. The division shall
attempt to determine the period of time in the future that the
complainant believes the unsafe condition may continue to exist,
and shall allocate inspection resources so as to respond first to
those situations in which time is of the essence. For purposes of
this section, a complaint is deemed to allege a serious violation if
the division determines that the complaint charges that there is a
substantial probability that death or serious physical harm could
result from a condition which exists, or from one or more practices,
means, methods, operations, or processes which have been adopted
or are in use in a place of employment. When a complaint charging
a serious violation is received from a state or local prosecutor, or
a local law enforcement agency, the division shall summarily
investigate the employment or place of employment within 24
hours of receipt of the complaint. All other complaints are deemed
to allege nonserious violations. The division may enter and serve
any necessary order relative thereto. The division is not required
to respond to a complaint within this period where, from the facts
stated in the complaint, it determines that the complaint is intended
to willfully harass an employer or is without any reasonable basis.

The division shall keep complete and accurate records of all
complaints, whether verbal or written, and shall inform the
complainant, whenever his or her identity is known, of any action
taken by the division in regard to the subject matter of the
complaint, and the reasons for the action, within 14 calendar days
of taking any action. The records of the division shall include the
dates on which any action was taken on the complaint, or the
reasons for not taking any action on the complaint. The division
shall, pursuant to authorized regulations, conduct an informal
review of any refusal by a representative of the division to issue
a citation with respect to an alleged violation. The division shall
furnish the employee or the representative of employees requesting
the review a written statement of the reasons for the division’s
final disposition of the case.

The name of a person who submits to the division a complaint
regarding the unsafe condition of an employment or place of
employment shall be kept confidential by the division, unless that
person requests otherwise.

The division shall annually compile and release on its Web site
data pertaining to complaints received and citations issued.

The requirements of this section do not relieve the division of
its requirement to inspect and assure that all places of employment
are safe and healthful for employees. The division shall maintain
the capability to receive and act upon complaints at all times.

end delete

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 6309 is added to the end insert begin insert Labor Code end insert begin insert , to read: end insert

begin insert

begin insert 6309. end insert   

(a) If the division learns or has reason to believe that
an employment or place of employment is not safe or is injurious
to the welfare of an employee, the division, on its own motion, or
upon complaint, may summarily investigate the same with or
without notice or hearings.

(b) The division shall investigate and conduct an onsite
inspection of the employment or place of employment as soon as
possible, but not later than three working days after receipt of a
complaint charging a serious violation, except as provided in
subdivision (e), and shall investigate and may conduct an onsite
inspection not later than 14 calendar days after receipt of a
complaint charging a nonserious violation, from the following:

(1) An employee or former employee.

(2) An employee’s or former employee’s representative,
including, but not limited to, an attorney; a union, workers’
organization, or community organization; or a family member of
an employee or former employee.

(3) A health or safety professional.

(4) A government agency representative.

(5) A joint labor-management committee established pursuant
to the federal Labor Management Cooperation Act of 1978 (Section
175a of Title 29 of the United States Code).

(6) An employer of an employee who is or may be exposed to
an unsafe or unhealthful condition in his or her employment or at
his or her place of employment.

(c) The division may investigate and conduct an onsite
inspection of a serious violation charged in a complaint from a
person other than those described in paragraphs (1) to (6),
inclusive, of subdivision (b) before investigating any nonserious
violation in order to best effectuate the purposes of this division.

(d) For purposes of this section, a complaint is deemed to allege
a serious violation if the division determines that the complaint
charges that there is a realistic possibility that death or serious
physical harm could result from a condition that exists, or from
one or more practices, means, methods, operations, or processes
that have been adopted or are in use in a place of employment.
All other complaints are deemed to allege nonserious violations.

(e) If a complaint charging a serious violation is received from
a state or local prosecutor, or a local law enforcement agency,
the division shall investigate and conduct an onsite inspection of
the employment or place of employment within 24 hours of receipt
of the complaint.

(f) The division is not required to respond to a complaint within
the time period required by subdivision (b) if the division
determines, from the facts stated in the complaint, that the
complaint is intended to willfully harass an employer or is without
any reasonable basis.

(g) The division shall attempt to determine the period of time
in the future that the complainant believes the unsafe condition
may continue to exist, and shall allocate inspection resources so
as to respond first to those situations in which time is of the
essence.

(h) The division may enter and serve any necessary order
relative to the complaint.

(i) The division shall keep complete and accurate records of all
complaints, whether oral or written, and shall inform the
complainant, whenever his or her identity is known, of any action
taken by the division in regard to the subject matter of the
complaint, and the reasons for the action, within 14 calendar days
of taking any action. The records of the division shall include the
dates on which any action was taken on the complaint, or the
reasons for not taking any action on the complaint. The division,
pursuant to authorized regulations, shall conduct an informal
review of any refusal by a representative of the division to issue
a citation with respect to an alleged violation. The division shall
furnish the employee or the representative of employees requesting
the review a written statement of the reasons for the division’s
final disposition of the case.

(j) The division shall keep confidential the name of a person
who submits to the division a complaint regarding the unsafe
condition of an employment or place of employment, unless that
person requests otherwise.

(k) The division shall annually compile and release on its
Internet Web site the data pertaining to complaints received and
citations issued.

(l) The requirements of this section do not relieve the division
of its requirement to inspect and ensure that all places of
employment are safe and healthful for employees. The division
shall maintain the capability to receive and act upon complaints
at all times.

end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 6317 of the end insert begin insert Labor Code end insert begin insert is amended to read: end insert

6317.  

begin insert (a) end insert begin insert   end insert If, upon inspection or investigation, the division
believes that an employer has violated Section 25910 of the Health
and Safety Code begin insert , this division, Article 4 (commencing with Section
3550) of Chapter 2 of Part 1 of Division 4, end insert or any standard, rule,
order, or regulation established pursuant to Chapter 6 (commencing
with Section 140) of Division 1 begin delete of the Labor Code end delete , or any standard,
rule, order, or regulation begin delete established end delete begin insert adopted end insert pursuant to this begin delete part end delete
begin insert code regarding occupational safety and health end insert , it shall begin insert , end insert with
reasonable promptness begin insert , end insert issue a citation to the employer. begin delete Each end delete

begin insert (b) end insert begin insert   end insert begin insert Each end insert citation shall be in writing and shall describe with
particularity the nature of the violation, including a reference to
the provision of the code, standard, rule, regulation, or order alleged
to have been violated. In addition, the citation shall fix a reasonable
time for the abatement of the alleged violation. The period specified
for abatement shall not commence running until the date the
citation or notice is received by certified mail and the certified
mail receipt is signed, or if not signed, the date the return is made
to the post office. If the division officially and directly delivers
the citation or notice to the employer, the period specified for
abatement shall commence running on the date of the delivery.

begin delete

A “notice”

end delete

begin insert (c) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert The division may issue a notice end insert in lieu of begin insert a end insert citation begin delete may
be issued end delete with respect to violations found in an inspection or
investigation begin delete which end delete begin insert that end insert meet either of the following requirements:

begin delete

(1)

end delete

begin insert (A) end insert  The violations do not have a direct relationship upon the
health or safety of an employee.

begin delete

(2)

end delete

begin insert (B) end insert  The violations do not have an immediate relationship to the
health or safety of an employee, and are of a general or regulatory
nature. A notice in lieu of a citation may be issued only if the
employer agrees to correct the violations within a reasonable time,
as specified by the division, and agrees not to appeal the finding
of the division that the violations exist. A notice issued pursuant
to this paragraph shall have the same effect as a citation for
purposes of establishing repeat violations or a failure to abate.
Every notice shall clearly state the abatement period specified by
the division, that the notice may not be appealed, and that the notice
has the same effect as a citation for purposes of establishing a
repeated violation or a failure to abate. The employer shall indicate
agreement to the provisions and conditions of the notice by his or
her signature on the notice.

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Under

end delete

begin insert (2) end insert begin insert   end insert begin insert (A) end insert begin insert   end insert begin insert Under end insert no circumstances shall a notice be issued in lieu
of a citation if the violations are serious, repeated, willful, or arise
from a failure to abate.

begin delete

The

end delete

begin insert (B) end insert begin insert   end insert begin insert The end insert director shall prescribe guidelines for the issuance of
begin delete these notices end delete begin insert a notice in lieu of citation end insert .

begin delete

The division may impose a civil penalty against an employer as
specified in Chapter 4 (commencing with Section 6423) of this
part. A

end delete

begin insert (C) end insert begin insert   end insert begin insert A end insert notice in lieu of a citation begin delete may end delete begin insert shall end insert not be issued if the
number of first instance violations found in the inspection (other
than serious, willful, or repeated violations) is 10 or more
violations.

begin delete

No

end delete

begin insert (d) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert No end insert citation or notice shall be issued by the division for
a given violation or violations after six months have elapsed since
occurrence of the violation.

begin insert

(2) The division may impose a civil penalty against an employer
as specified in Chapter 4 (commencing with Section 6423) of this
part.

end insert begin delete

The

end delete

begin insert (3) end insert begin insert   end insert begin insert The end insert director shall prescribe procedures for the issuance of
a citation or notice.

begin delete

The

end delete

begin insert (4) end insert begin insert   end insert begin insert The end insert division shall prepare and maintain records capable of
supplying an inspector with previous citations and notices issued
to an employer.

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 6409.1 of the end insert begin insert Labor Code end insert begin insert is amended to read: end insert

6409.1.  

(a) Every employer shall file a complete report of
every occupational injury or occupational illness, as defined in
subdivision (b) of Section 6409, to each employee begin delete which end delete begin insert that end insert
results in lost time beyond the date of the injury or illness, or begin delete which end delete
begin insert that end insert requires medical treatment beyond first aid, with the
Department of Industrial Relations or, if an insured employer, with
the insurer, on a form prescribed for that purpose by the
department. A report shall be filed concerning each injury and
illness begin delete which end delete begin insert that end insert has, or is alleged to have, arisen out of and in
the course of employment, within five days after the employer
obtains knowledge of the injury or illness. Each report of
occupational injury or occupational illness shall indicate the social
security number of the injured employee. In the case of an insured
employer, the insurer shall file with the division begin insert , end insert immediately upon
receipt, a copy of the employer’s report begin delete , which end delete begin insert that end insert has been
received from the insured employer. In the event an employer has
filed a report of injury or illness pursuant to this subdivision and
the employee subsequently dies as a result of the reported injury
or illness, the employer shall file an amended report indicating the
death with the department or, if an insured employer, with the
insurer, within five days after the employer is notified or learns of
the death. A copy of any amended reports received by the insurer
shall be filed with the division immediately upon receipt.

(b) In every case involving a serious injury or illness, or death,
in addition to the report required by subdivision (a), a report shall
be made immediately begin insert , but no longer than eight hours after the
employer knew or should have known of the death or serious
illness, end insert by the employer to the Division of Occupational Safety
and Health by telephone begin delete or telegraph end delete begin insert , fax, or other electronic
means approved by the division end insert . An employer who violates this
subdivision begin delete may end delete begin insert shall end insert be assessed a civil penalty of begin delete not less than end delete
five thousand dollars ($5,000) begin insert that may be adjusted pursuant to
subdivision (d) either by the division in a settlement agreement
between the employer and the division, or by the Occupational
Safety and Health Appeals Board when approving a settlement
agreement or when making a finding end insert . Nothing in this subdivision
shall be construed to begin delete increase end delete begin insert affect end insert the begin delete maximum end delete civil begin delete penalty, end delete
begin insert penalty that may be imposed end insert pursuant to Sections 6427 to 6430,
inclusive begin delete , that may be imposed for a violation of this section end delete .

begin insert

(c) When making a report pursuant to subdivision (b), the
employer shall inform the division of all information in its
possession relating to the time, location, and circumstances of the
incident. The employer shall also inform the division if the
employee subsequently dies as a result of the reported injury or
illness, within five days after the employer is notified or learns of
the death.

end insert begin insert

(d) The civil penalty assessed pursuant to subdivision (b) may
be adjusted according to the following:

end insert begin insert

(1) The penalty may be reduced if there is a finding on the
record of any of the following:

end insert begin insert

(A) The employer has 10 or fewer employees.

end insert begin insert

(B) The employer delayed in reporting to the division by no
more than 48 hours.

end insert begin insert

(C) The employer delayed in reporting to the division by more
than 48 hours or failed to report to the division, but states under
penalty of perjury that it did timely report to its workers’
compensation carrier or to a state, county, or local fire or police
agency, and that it was informed by that entity that reporting to
that entity was sufficient to comply with the requirement to report
to the division.

end insert begin insert

(2) The penalty may be increased if there is a finding on the
record of any of the following:

end insert begin insert

(A) The employer failed to report a death resulting from the
reported injury or illness.

end insert begin insert

(B) The injured or ill employee did not receive prompt and
adequate first aid, medical care, or both.

end insert begin insert

(C) The employer did not provide evidence that it had an
effective injury and illness prevention program.

end insert begin insert

(D) The employer previously failed to report a serious injury
or illness, or death.

end insert begin insert

(E) The employer interfered with the division’s investigation by
withholding evidence or witnesses or materially altering the
worksite.

end insert begin insert

(3) Additional penalty reductions afforded by regulations
promulgated pursuant to subdivision (c) of Section 6319 shall not
apply to the adjustment of the civil penalty assessed pursuant to
subdivision (b).

end insert begin insert

(4) The penalty shall not be decreased if the division determines
that the failure to report or report timely impaired its investigation.

end insert begin insert

(5) The adjusted civil penalty shall not be less than two thousand
five hundred dollars ($2,500).

end insert begin insert

(e) In addition to any other penalty provided, an employer who
willfully or repeatedly fails to report, or to report timely, an
occupational injury or occupational illness, or a death resulting
from a reported injury or illness, as required by subdivision (b),
or an employer who intentionally interferes with the division’s
investigation by withholding evidence or witnesses or materially
altering the worksite, shall be assessed a civil penalty of not more
than seventy thousand dollars ($70,000) for each violation, but in
no case less than five thousand dollars ($5,000) for each willful
violation.

end insert

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 6600.1 is added to the end insert begin insert Labor Code end insert begin insert , to read: end insert

begin insert

begin insert 6600.1. end insert   

Any affected employee may appeal the terms and
conditions of abatement in a citation or notice pursuant to Section
6317 or order pursuant to Section 6308. A notice of appeal shall
be filed with the division or the appeals board within 15 working
days of the issuance of a citation or order, by any of the following:

(a) An affected employee, individually or through his or her
designated representative, or if the affected employee is deceased,
then the employee’s surviving spouse or domestic partner,
surviving issue, or personal representative as defined in Section
58 of the Probate Code.

(b) A union that represents an affected employee.

(c) A union that has a collective bargaining agreement with the
cited or ordered employer.

(d) For purposes of this chapter, “affected employee” means
an employee who is exposed to or who, due to assigned work in
the vicinity, may be exposed to an unsafe or unhealthful condition
out of circumstances, conditions, practices, or operations that are
the basis of a citation issued by the division to any employer,
whether or not the direct employer of the employee.

end insert

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 6601 of the end insert begin insert Labor Code end insert begin insert is amended to read: end insert

6601.  

If begin insert , end insert within 15 working days from receipt of the citation
or notice of civil penalty issued by the division, the employer fails
to notify the appeals board that begin delete he end delete begin insert the employer end insert intends to contest
the citation or notice of proposed penalty, and no notice contesting
the begin insert terms or conditions of the end insert abatement begin delete period end delete is filed by any
begin insert affected end insert employee or representative of begin delete the end delete begin insert an affected end insert employee
within begin delete such end delete begin insert that end insert time, the citation or notice of proposed penalty
shall be deemed a final order of the appeals board and not subject
to review by any court or agency. The 15-day period may be
extended by the appeals board for good cause.

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 6601.5 of the end insert begin insert Labor Code end insert begin insert is amended to read: end insert

6601.5.  

If, within 15 working days from receipt of a special
begin delete order, end delete begin insert order end insert or action order by the division, the employer fails to
notify the appeals board that begin delete he or she end delete begin insert the employer end insert intends to
contest the order, and no notice contesting the begin insert terms or conditions
of the end insert abatement begin delete period end delete is filed by any begin insert affected end insert employee or
representative of begin delete the end delete begin insert an affected end insert employee within that time, the
order shall be deemed a final order of the appeals board and not
subject to review by any court or agency. The 15-day period may
be extended by the appeals board for good cause.

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 6602 of the end insert begin insert Labor Code end insert begin insert is amended to read: end insert

6602.  

If an employer notifies the appeals board that he or she
intends to contest a citation issued under Section 6317, or notice
of proposed penalty issued under Section 6319, or order issued
under Section 6308, or if, within 15 working days of the issuance
of a citation or order any begin insert affected end insert employee or representative of
an begin insert affected end insert employee files a notice with the division or appeals
board begin delete alleging that the period of time fixed in the citation or order
for end delete begin insert contesting the terms or conditions of end insert the abatement begin delete of the
violation is unreasonable end delete , the appeals board shall afford an
opportunity for a hearing. The appeals board shall thereafter issue
a decision, based on findings of fact, affirming, modifying begin insert , end insert or
vacating the division’s citation begin delete , end delete begin insert or end insert order, begin delete or end delete begin insert and may modify the end insert
proposed penalty begin insert if the penalty modification would not violate a
requirement of this code or a regulation of the department end insert , or
begin delete directing end delete begin insert direct end insert other appropriate relief.

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 6602.5 is added to the end insert begin insert Labor Code end insert begin insert , to read: end insert

begin insert

begin insert 6602.5. end insert   

The appeals board, upon request, shall permit the
following to participate as a party in an appeal:

(a) An affected employee, individually or through his or her
designated representative, or if the affected employee is deceased,
then the employee’s surviving spouse or domestic partner,
surviving issue, or personal representative as defined in Section
58 of the Probate Code.

(b) A union that represents an affected employee.

(c) A union that has a collective bargaining agreement with the
cited or ordered employer.

end insert

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 6602.6 is added to the end insert begin insert Labor Code end insert begin insert , to read: end insert

begin insert

begin insert 6602.6. end insert   

Parties shall have the opportunity to participate fully
in a hearing, receive notices, be permitted to subpoena witnesses
and documents at any time before the completion of the hearings,
offer evidence, examine and cross-examine witnesses, and argue
and submit briefs. Parties representing an affected employee shall
also have the right to participate and object to terms or conditions
during settlement discussions between the division and the
employer at any formal or informal prehearing conference or
discussion prior to or during the hearing, and shall be timely
informed of any final settlement.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 14. end insert   

Section 6603 of the Labor Code is amended to read:

6603.  

(a) The rules of practice and procedure adopted by the
appeals board shall be consistent with Article 8 (commencing with
Section 11435.05) of Chapter 4.5 of Part 1 of Division 3 of Title
2 of, and Sections 11507, 11507.6, 11507.7, 11513, 11514, 11515,
and 11516 of, the Government Code, and shall provide affected
employees or representatives of affected employees an opportunity
to participate as parties to a hearing under Section 6602. The rules
of practice and procedure also shall provide for the scheduling of
hearings in a manner designed to minimize inconvenience to the
division and all parties and witnesses who are required to attend
the hearings, and for the completion of the hearings without
significant lapses in time if the hearings are not completed within
the scheduled time.

(b) The superior courts shall have jurisdiction over contempt
proceedings, as provided in Article 12 (commencing with Section
11455.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the
Government Code.

begin insert

begin insert SEC. 15. end insert   

end insert

begin insert Section 6614 of the end insert begin insert Labor Code end insert begin insert is amended to read: end insert

6614.  

(a) At any time within 30 days after the service of any
final order or decision made and filed by the appeals board or a
hearing officer, any party aggrieved directly or indirectly by any
final order or decision, made and filed by the appeals board or a
hearing officer under begin delete any provision contained in end delete this division, may
petition the appeals board for reconsideration in respect to any
matters determined or covered by the final order or decision and
specified in the petition for reconsideration. begin delete Such end delete begin insert The end insert petition shall
be made only within the time and in the manner specified in this
chapter.

begin insert

(b) At any time within 30 days after the service of any final order
or decision made and filed by the appeals board, any person
aggrieved directly or indirectly by any final order or decision
made and filed by the appeals board under this division may
petition the appeals board for reconsideration in respect to any
matters determined or covered by the final order or decision and
specified in the petition for reconsideration. The petition shall be
made only within the time and in the manner specified in this
chapter.

end insert begin delete

(b)

end delete

begin insert (c) end insert  At any time within 30 days after the filing of an order or
decision made by a hearing officer and the accompanying report,
the appeals board may, on its own motion, grant reconsideration.

begin insert

begin insert SEC. 16. end insert   

end insert

begin insert Section 6625 of the end insert begin insert Labor Code end insert begin insert is amended to read: end insert

6625.  

The filing of a petition for reconsideration shall suspend
for a period of 10 days the order or decision affected, insofar as it
applies to the parties to the petition, unless otherwise ordered by
the appeals board. The appeals board upon the terms and conditions
begin delete which end delete begin insert that end insert it by order directs, may stay, suspend, or postpone the
order or decision during the pendency of the reconsideration begin insert except
as to the requirements for abatement end insert .

begin insert

begin insert SEC. 17. end insert   

end insert

begin insert Section 6626.5 is added to the end insert begin insert Labor Code end insert begin insert , to read: end insert

begin insert

begin insert 6626.5. end insert   

(a) An affected person who was not a party to the case
prior to the appeals board issuing the decision after
reconsideration who plans to seek judicial review of a decision
pursuant to Section 6627 shall provide a written notice to the
appeals board, including a statement that the affected person
intends to seek judicial review of the decision, a brief statement
regarding the nature of the challenge to the decision after
reconsideration, and a request that the appeals board modify or
rescind its decision.

(b) The notice and statement shall be filed with the appeals
board within 30 days of the appeals board order or decision and
shall toll, for 30 days or until the board acts, whichever is sooner,
both the finality of the decision after reconsideration and the filing
deadline set forth in Section 6627. After receiving notice, the
appeals board may either rescind, modify, and reissue the decision
after reconsideration, or deny the request either summarily or in
writing with the reasons stating the basis for the denial. The
appeals board’s failure to act on the notice within 30 days shall
be deemed a summary denial. An affected person shall not be
required to file more than one notice prior to seeking judicial
review.

(c) Nothing in this section is intended to eliminate or limit any
other exceptions to any requirement under law that administrative
remedies be exhausted before judicial action is sought.

end insert

begin insert

begin insert SEC. 18. end insert   

end insert begin insert

No reimbursement is required by this act pursuant
to Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

end insert