California Legislature—2013–14 Regular Session

Assembly BillNo. 1634


Introduced by Assembly Member Skinner

(Principal coauthor: Senator Hancock)

(Coauthors: Assembly Members Ammiano, Bonta, Gonzalez, Quirk, Ting, and Wieckowski)

February 10, 2014


An act to amend Section 6600 of the Labor Code, relating to employment.

LEGISLATIVE COUNSEL’S DIGEST

AB 1634, as introduced, 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 for a violation of those laws, including violations that regulations adopted by the division classify as serious, repeat, or willful violations. Existing law establishes the Occupational Safety and Health Appeals Board in the department, and prescribes procedures for the appeals board to hear and decide appeals of a citation. Regulations adopted by the appeals board generally stay the abatement period of a citation until the conclusion of the appeal.

This bill would prohibit the stay of an abatement period during the pendency of an appeal of a citation for a violation that is classified as a serious violation, repeat serious violation, or willful serious violation. The bill would, however, authorize the division to stay these abatement periods, upon request, if the division determines that a stay will not adversely affect the health and safety of employees.

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

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

P2    1

SECTION 1.  

Section 6600 of the Labor Code is amended to
2read:

3

6600.  

begin deleteAny end deletebegin insert(a)end insertbegin insertend insertbegin insertAn end insertemployer served with a citationbegin delete or noticeend delete
4 pursuant to Section 6317, or a notice of proposed penalty under
5this part, or any other person obligated to the employer as specified
6in subdivision (b) of Section 6319, may appeal to the appeals board
7within 15 working days from the receipt ofbegin delete suchend deletebegin insert the citationend insert or
8begin delete suchend delete notice with respect to violations alleged by the division,
9abatement periods, amount of proposed penalties, and the
10reasonableness of the changes required by the division to abate
11the condition.

begin insert

12(b) (1) An appeal of a citation that is classified as a serious
13violation, a repeat serious violation, or a willful serious violation
14shall not stay the abatement periods and requirements of the
15division, except as provided in paragraph (2).

end insert
begin insert

16(2) If a stay of abatement is requested from the division with
17respect to an appeal described in paragraph (1), the division may
18stay the abatement if the division determines that a stay will not
19adversely affect the health and safety of employees.

end insert


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