Amended in Assembly April 18, 2013

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

(Principal coauthor: Senator DeSaulnier)

February 22, 2013

An act to amend Sections 143.1, 148.5, 6317, 6409.1, begin insert 6450, end insert 6601, 6601.5, 6602, 6603, begin insert and end insert 6614 begin delete , and 6625 end delete of, to add Sections 148.3, 6600.1, 6602.5, 6602.6, and 6626.5 to, and to repeal and add Section 6309 begin delete to end delete begin insert of end insert , the Labor Code, relating to employment.

LEGISLATIVE COUNSEL’S DIGEST

AB 1277, as amended, Skinner. Occupational safety and health: procedures.

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. 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 begin insert , and to grant temporary or permanent variances from a standard or order upon request from an employer, end insert and prescribes procedures for the standards board to conduct a hearing on a request for a permanent variance begin delete from a standard or order upon request from an employer end delete , as specified.

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 begin insert issuing a temporary variance and in end insert 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.

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.

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.

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.

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

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

SECTION 1.  

Section 143.1 of the Labor Code is amended to
read:

143.1.  

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

(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 begin insert by certified
mail end insert to each collective bargaining agent who represents an
employee.

(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.

SEC. 2.  

Section 148.3 is added to the Labor Code, to read:

148.3.  

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.

SEC. 3.  

Section 148.5 of the Labor Code is amended to read:

148.5.  

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

SEC. 4.  

Section 6309 of the Labor Code is repealed.

SEC. 5.  

Section 6309 is added to the Labor Code, to read:

6309.  

(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 begin insert or unhealthful end insert
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.

SEC. 6.  

Section 6317 of the Labor Code is amended to read:

6317.  

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

(b) Each 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.

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

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

(B) The violations do not have an immediate relationship to the
health or safety of an employee, and are of a general or regulatory
nature. begin delete A end delete

begin insert (2) end insert begin insert   end insert begin insert A end insert 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.

begin delete

(2)

end delete

begin insert (3) end insert  (A) Under 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.

(B) The director shall prescribe guidelines for the issuance of
a notice in lieu of citation.

(C) A notice in lieu of a citation shall 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.

(d) (1) No 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.

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

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

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

SEC. 7.  

Section 6409.1 of the Labor Code is amended to read:

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 that results in
lost time beyond the date of the injury or illness, or that 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 that 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, immediately upon receipt, a copy of the employer’s report
that 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, but no longer than eight hours after the
employer knew or should have known of the death or serious
illness, by the employer to the Division of Occupational Safety
and Health by telephone, fax, or other electronic means approved
by the division. An employer who violates this subdivision shall
be assessed a civil penalty of five thousand dollars ($5,000) 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.
Nothing in this subdivision shall be construed to affect the civil
penalty that may be imposed pursuant to Sections 6427 to 6430,
inclusive.

(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.

(d)  begin delete The end delete begin insert If the employer has never been subject to an inspection
or investigation by the division, the end insert civil penalty assessed pursuant
to subdivision (b) may be adjusted according to the following:

(1) The penalty may be reduced if there is begin delete a finding on end delete
begin insert documentation in the division file or in end insert the record of begin insert the appeals
board of end insert any of the following:

(A) The employer has 10 or fewer employees.

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

(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.

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

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

(B) The begin insert employer did not provide documentation that the end insert injured
or ill employee begin delete did not receive end delete begin insert received end insert prompt and adequate first
aid, medical care, or both.

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

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

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

(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).

(4) The penalty shall not be decreased if the division determines
that the failure to report or report timely impaired its investigation
begin insert or that the employer did not ensure that the injured or ill employee
received prompt and adequate first aid, medical care, or both end insert .

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

(e) In addition to begin delete any other end delete begin insert the end insert penalty provided begin insert in this section end insert ,
an employer who willfully or repeatedly fails to report, or to report
timely, an occupational injury or occupational illness, or a death
begin delete resulting from a reported injury or illness end delete , 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 begin delete 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 delete begin insert subject to the penalties set forth in Section
6429 end insert .

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 6450 of the end insert begin insert Labor Code end insert begin insert is amended to read: end insert

6450.  

(a)  begin delete Any end delete begin insert An end insert employer may apply to the division for a
temporary order granting a variance from an occupational safety
or health standard. begin delete Such end delete begin insert The end insert temporary order shall be granted only
if the employer files an application which meets the requirements
of Section 6451, and establishes begin delete that (1) he end delete begin insert all of the following: end insert

begin insert (1) end insert begin insert   end insert begin insert The employer end insert is unable to comply with a standard by its
effective date because of unavailability of professional or technical
personnel or of materials and equipment needed to come into
compliance with the standard or because necessary construction
or alteration of facilities cannot be completed by the effective date begin delete ,
(2) he end delete begin insert . end insert

begin insert (2) end insert begin insert   end insert begin insert The employer end insert is taking all available steps to safeguard his
begin insert or her end insert employees against the hazards covered by the standard begin delete , and
(3) he end delete begin insert . end insert

begin insert (3) end insert begin insert   end insert begin insert The employer end insert has an effective program for coming into
compliance with the standard as quickly as practicable.

(b)  begin delete Any end delete begin insert A end insert temporary order issued under this section shall
prescribe the practices, means, methods, operations, and processes
which the employer must adopt and use while the order is in effect
and state in detail his begin insert or her end insert program for coming into compliance
with the standard. begin delete Such a end delete begin insert A end insert temporary order may be granted only
after notice to begin insert affected end insert employees begin insert pursuant to subdivision (c) end insert and
an opportunity for a hearing. However, the division may issue one
interim order for a temporary variance upon submission of an
application showing that the employment or place of employment
will be safe for employees pending a hearing on the application
for a temporary variance. begin delete No end delete begin insert A end insert temporary order may begin insert not end insert be in
effect for longer than the period needed by the employer to achieve
compliance with the standard or one year, whichever is shorter,
except that begin delete such end delete an order may be renewed not more than twice
provided that the requirements of this section are met and an
application for renewal is filed prior to the expiration date of the
order. begin delete No single end delete begin insert A end insert renewal of an order may begin insert not end insert remain in effect
for longer than 180 days.

begin insert

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

end insert begin insert

(d) 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 this section.

end insert

begin delete SEC. 8. end delete
begin insert SEC. 9. end insert   

Section 6600.1 is added to the Labor Code, to read:

6600.1.  

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.

begin delete SEC. 9. end delete
begin insert SEC. 10. end insert   

Section 6601 of the Labor Code is amended to read:

6601.  

If, 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 the employer intends to contest
the citation or notice of proposed penalty, and no notice contesting
the terms or conditions of the abatement is filed by any affected
employee or representative of an affected employee within that
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 delete SEC. 10. end delete
begin insert SEC. 11. end insert   

Section 6601.5 of the Labor Code is amended to read:

6601.5.  

If, within 15 working days from receipt of a special
order or action order by the division, the employer fails to notify
the appeals board that the employer intends to contest the order,
and no notice contesting the terms or conditions of the abatement
is filed by any affected employee or representative of an affected
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 delete SEC. 11. end delete
begin insert SEC. 12. end insert   

Section 6602 of the Labor Code is amended to read:

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 affected employee or representative of
an affected employee files a notice with the division or appeals
board contesting the terms or conditions of the abatement, 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, or vacating the division’s citation or order,
and may modify the proposed penalty if the penalty modification
would not violate a requirement of this code or a regulation of the
department, or direct other appropriate relief.

begin delete SEC. 12. end delete
begin insert SEC. 13. end insert   

Section 6602.5 is added to the Labor Code, to read:

6602.5.  

The appeals board, upon begin insert a timely end insert request begin insert as set forth
in its regulations end insert , 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.

begin delete SEC. 13. end delete
begin insert SEC. 14. end insert   

Section 6602.6 is added to the Labor Code, to read:

6602.6.  

begin delete 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. end delete Parties begin delete representing an affected employee end delete shall
begin delete also end delete have the right to participate begin delete and object to terms or conditions
during end delete begin insert in end insert settlement discussions between the division and the
employer at any formal or informal prehearing conference or
discussion prior to or during the hearing, begin insert may express an objection, end insert
and shall be timely informed of any final settlement begin insert reached
between the employer and the division end insert .

begin delete SEC. 14. end delete
begin insert SEC. 15. 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 delete SEC. 15. end delete
begin insert SEC. 16. end insert   

Section 6614 of the Labor Code is amended to read:

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 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.

(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.

(c) 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 delete

SEC. 16.  

Section 6625 of the Labor Code is amended to read:

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
that it by order directs, may stay, suspend, or postpone the order
or decision during the pendency of the reconsideration except as
to the requirements for abatement.

end delete

SEC. 17.  

Section 6626.5 is added to the Labor Code, to read:

6626.5.  

(a)  begin delete An affected end delete begin insert A end insert 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 begin delete affected end delete 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.

SEC. 18.  

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.