Labor Code — Part 10 | LAB — United States — California law | Esheria

Labor Code

Part 10 of 13 · provisions 1,801–2,000

This section says the act is to be known as the Labor Code.

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About this statute

This section points to other code provisions that govern preferred claims for work performed or personal services rendered. This section says the act is named the Promote Ownership by Workers for Economic Recovery Act and may be cited by that name. This section states legislative findings about worker cooperatives and says the Legislature wants to study whether a federated worker cooperative system could help advance the goals of the Future of Work Commission. This section defines two terms used in the division: “Association” and “Secretary.” A state panel must conduct a study on creating an Association of Cooperative Labor Contractors and publish it online by June 30, 2024.

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Provisions of Labor Code

Showing 200 of 2,599

  1. 5900.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Reconsideration and Judicial Review [5900 - 6002] ( Heading of Chapter 7 amended by Stats. 1951, Ch. 778. ) ## ARTICLE 1. Reconsideration [5900 - 5911] ( Heading of Article 1 amended by Stats. 1951, Ch. 778. )

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    A person affected by a final workers’ compensation order, decision, or award may ask the appeals board to reconsider it; the appeals board may also reconsider on its own within 60 days after a workers’ compensation judge’s filing.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Reconsideration and Judicial Review [5900 - 6002] ( Heading of Chapter 7 amended by Stats. 1951, Ch. 778. ) ## ARTICLE 1. Reconsideration [5900 - 5911] ( Heading of Article 1 amended by Stats. 1951, Ch. 778. ) ## 5900. (a) Any person aggrieved directly or indirectly by any final order, decision, or award made and filed by the appeals board or a workers’ compensation judge under any provision contained in this division, may petition the appeals board for reconsideration in respect to any matters determined or covered by the final order, decision, or award, 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 60 days after the filing of an order, decision, or award made by a workers’ compensation judge and the accompanying report, the appeals board may, on its own motion, grant reconsideration. (Amended by Stats. 1985, Ch. 326, Sec. 27.)
  2. 5901.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Reconsideration and Judicial Review [5900 - 6002] ( Heading of Chapter 7 amended by Stats. 1951, Ch. 778. ) ## ARTICLE 1. Reconsideration [5900 - 5911] ( Heading of Article 1 amended by Stats. 1951, Ch. 778. )

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    A court action based on a final workers’ compensation order, decision, or award does not accrue until reconsideration has been handled or the appeals board acts on its own motion.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Reconsideration and Judicial Review [5900 - 6002] ( Heading of Chapter 7 amended by Stats. 1951, Ch. 778. ) ## ARTICLE 1. Reconsideration [5900 - 5911] ( Heading of Article 1 amended by Stats. 1951, Ch. 778. ) ## 5901. No cause of action arising out of any final order, decision or award made and filed by the appeals board or a workers’ compensation judge shall accrue in any court to any person until and unless the appeals board on its own motion sets aside the final order, decision, or award and removes the proceeding to itself or if the person files a petition for reconsideration, and the reconsideration is granted or denied. Nothing herein contained shall prevent the enforcement of any final order, decision, or award, in the manner provided in this division. (Amended by Stats. 1985, Ch. 326, Sec. 28.)
  3. 5902.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Reconsideration and Judicial Review [5900 - 6002] ( Heading of Chapter 7 amended by Stats. 1951, Ch. 778. ) ## ARTICLE 1. Reconsideration [5900 - 5911] ( Heading of Article 1 amended by Stats. 1951, Ch. 778. )

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    A reconsideration petition must clearly state why the order, decision, or award is alleged to be unjust or unlawful, list every issue for the appeals board, be verified under oath, and include a general statement of supporting evidence or other matters.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Reconsideration and Judicial Review [5900 - 6002] ( Heading of Chapter 7 amended by Stats. 1951, Ch. 778. ) ## ARTICLE 1. Reconsideration [5900 - 5911] ( Heading of Article 1 amended by Stats. 1951, Ch. 778. ) ## 5902. The petition for reconsideration shall set forth specifically and in full detail the grounds upon which the petitioner considers the final order, decision or award made and filed by the appeals board or a workers’ compensation judge to be unjust or unlawful, and every issue to be considered by the appeals board. The petition shall be verified upon oath in the manner required for verified pleadings in courts of record and shall contain a general statement of any evidence or other matters upon which the applicant relies in support thereof. (Amended by Stats. 1985, Ch. 326, Sec. 29.)
  4. 5903.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Reconsideration and Judicial Review [5900 - 6002] ( Heading of Chapter 7 amended by Stats. 1951, Ch. 778. ) ## ARTICLE 1. Reconsideration [5900 - 5911] ( Heading of Article 1 amended by Stats. 1951, Ch. 778. )

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    An aggrieved person may ask for reconsideration of a final compensation order within 20 days after service, but only on specified grounds.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Reconsideration and Judicial Review [5900 - 6002] ( Heading of Chapter 7 amended by Stats. 1951, Ch. 778. ) ## ARTICLE 1. Reconsideration [5900 - 5911] ( Heading of Article 1 amended by Stats. 1951, Ch. 778. ) ## 5903. At any time within 20 days after the service of any final order, decision, or award made and filed by the appeals board or a workers’ compensation judge granting or denying compensation, or arising out of or incidental thereto, any person aggrieved thereby may petition for reconsideration upon one or more of the following grounds and no other: (a) That by the order, decision, or award made and filed by the appeals board or the workers’ compensation judge, the appeals board acted without or in excess of its powers. (b) That the order, decision, or award was procured by fraud. (c) That the evidence does not justify the findings of fact. (d) That the petitioner has discovered new evidence material to him or her, which he or she could not, with reasonable diligence, have discovered and produced at the hearing. (e) That the findings of fact do not support the order, decision, or award. Nothing contained in this section shall limit the grant of continuing jurisdiction contained in Sections 5803 to 5805, inclusive. (Amended by Stats. 1985, Ch. 326, Sec. 30.)
  5. 5904.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Reconsideration and Judicial Review [5900 - 6002] ( Heading of Chapter 7 amended by Stats. 1951, Ch. 778. ) ## ARTICLE 1. Reconsideration [5900 - 5911] ( Heading of Article 1 amended by Stats. 1951, Ch. 778. )

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    A petitioner for reconsideration is treated as having waived objections, irregularities, and illegalities about the matter being reconsidered, except what is stated in the reconsideration petition.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Reconsideration and Judicial Review [5900 - 6002] ( Heading of Chapter 7 amended by Stats. 1951, Ch. 778. ) ## ARTICLE 1. Reconsideration [5900 - 5911] ( Heading of Article 1 amended by Stats. 1951, Ch. 778. ) ## 5904. The petitioner for reconsideration shall be deemed to have finally waived all objections, irregularities, and illegalities concerning the matter upon which the reconsideration is sought other than those set forth in the petition for reconsideration. (Amended by Stats. 1951, Ch. 778.)
  6. 5905.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Reconsideration and Judicial Review [5900 - 6002] ( Heading of Chapter 7 amended by Stats. 1951, Ch. 778. ) ## ARTICLE 1. Reconsideration [5900 - 5911] ( Heading of Article 1 amended by Stats. 1951, Ch. 778. )

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    The person seeking reconsideration must promptly serve a copy of the petition on all adverse parties. Adverse parties may file a verified answer within 10 days, and the appeals board may require service on additional persons it designates.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Reconsideration and Judicial Review [5900 - 6002] ( Heading of Chapter 7 amended by Stats. 1951, Ch. 778. ) ## ARTICLE 1. Reconsideration [5900 - 5911] ( Heading of Article 1 amended by Stats. 1951, Ch. 778. ) ## 5905. A copy of the petition for reconsideration shall be served forthwith upon all adverse parties by the person petitioning for reconsideration. Any adverse party may file an answer thereto within 10 days thereafter. Such answer shall likewise be verified. The appeals board may require the petition for reconsideration to be served on other persons designated by it. (Amended by Stats. 1965, Ch. 1513.)
  7. 5906.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Reconsideration and Judicial Review [5900 - 6002] ( Heading of Chapter 7 amended by Stats. 1951, Ch. 778. ) ## ARTICLE 1. Reconsideration [5900 - 5911] ( Heading of Article 1 amended by Stats. 1951, Ch. 778. )

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    After a reconsideration petition is filed, the appeals board may change the prior order or award, or order more evidence, and it must give notice of any reconsideration hearing time and place.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Reconsideration and Judicial Review [5900 - 6002] ( Heading of Chapter 7 amended by Stats. 1951, Ch. 778. ) ## ARTICLE 1. Reconsideration [5900 - 5911] ( Heading of Article 1 amended by Stats. 1951, Ch. 778. ) ## 5906. Upon the filing of a petition for reconsideration, or having granted reconsideration upon its own motion, the appeals board may, with or without further proceedings and with or without notice affirm, rescind, alter, or amend the order, decision, or award made and filed by the appeals board or the workers’ compensation judge on the basis of the evidence previously submitted in the case, or may grant reconsideration and direct the taking of additional evidence. Notice of the time and place of any hearing on reconsideration shall be given to the petitioner and adverse parties and to other persons as the appeals board orders. (Amended by Stats. 1985, Ch. 326, Sec. 31.)
  8. 5907.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Reconsideration and Judicial Review [5900 - 6002] ( Heading of Chapter 7 amended by Stats. 1951, Ch. 778. ) ## ARTICLE 1. Reconsideration [5900 - 5911] ( Heading of Article 1 amended by Stats. 1951, Ch. 778. )

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    When reconsideration is granted and no further testimony is needed, the appeals board may change the existing order or award and decide the case from the record.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Reconsideration and Judicial Review [5900 - 6002] ( Heading of Chapter 7 amended by Stats. 1951, Ch. 778. ) ## ARTICLE 1. Reconsideration [5900 - 5911] ( Heading of Article 1 amended by Stats. 1951, Ch. 778. ) ## 5907. If, at the time of granting reconsideration, it appears to the satisfaction of the appeals board that no sufficient reason exists for taking further testimony, the appeals board may affirm, rescind, alter, or amend the order, decision, or award made and filed by the appeals board or the workers’ compensation judge and may, without further proceedings, without notice, and without setting a time and place for further hearing, enter its findings, order, decision, or award based upon the record in the case. (Amended by Stats. 2006, Ch. 538, Sec. 492. Effective January 1, 2007.)
  9. 5908.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Reconsideration and Judicial Review [5900 - 6002] ( Heading of Chapter 7 amended by Stats. 1951, Ch. 778. ) ## ARTICLE 1. Reconsideration [5900 - 5911] ( Heading of Article 1 amended by Stats. 1951, Ch. 778. )

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    After reconsideration, the appeals board may change the original order, decision, or award, and if it rescinds or reduces an order on specified fraud grounds, it must refer the case to the proper fraud or prosecuting authority.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Reconsideration and Judicial Review [5900 - 6002] ( Heading of Chapter 7 amended by Stats. 1951, Ch. 778. ) ## ARTICLE 1. Reconsideration [5900 - 5911] ( Heading of Article 1 amended by Stats. 1951, Ch. 778. ) ## 5908. (a) After the taking of additional evidence and a consideration of all of the facts the appeals board may affirm, rescind, alter, or amend the original order, decision, or award. An order, decision, or award made following reconsideration which affirms, rescinds, alters, or amends the original order, decision, or award shall be made by the appeals board but shall not affect any right or the enforcement of any right arising from or by virtue of the original order, decision, or award, unless so ordered by the appeals board. (b) In any case where the appeals board rescinds or reduces an order, decision, or award on the grounds specified in paragraph (b) of Section 5903, the appeals board shall refer the case to the Bureau of Fraudulent Claims pursuant to Article 4 (commencing with Section 12990) of Chapter 2 of Division 3 of the Insurance Code, if the employer is insured, or to the district attorney of the county in which the fraud occurred if the employer is self-insured. (Amended by Stats. 1989, Ch. 892, Sec. 54.)
  10. 5908.5.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Reconsideration and Judicial Review [5900 - 6002] ( Heading of Chapter 7 amended by Stats. 1951, Ch. 778. ) ## ARTICLE 1. Reconsideration [5900 - 5911] ( Heading of Article 1 amended by Stats. 1951, Ch. 778. )

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    The appeals board must issue these reconsideration decisions itself, in writing, with a majority signature, and it must state the evidence and reasons.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Reconsideration and Judicial Review [5900 - 6002] ( Heading of Chapter 7 amended by Stats. 1951, Ch. 778. ) ## ARTICLE 1. Reconsideration [5900 - 5911] ( Heading of Article 1 amended by Stats. 1951, Ch. 778. ) ## 5908.5. Any decision of the appeals board granting or denying a petition for reconsideration or affirming, rescinding, altering, or amending the original findings, order, decision, or award following reconsideration shall be made by the appeals board and not by a workers’ compensation judge and shall be in writing, signed by a majority of the appeals board members assigned thereto, and shall state the evidence relied upon and specify in detail the reasons for the decision. The requirements of this section shall in no way be construed so as to broaden the scope of judicial review as provided for in Article 2 (commencing with Section 5950) of this chapter. (Amended by Stats. 1985, Ch. 326, Sec. 33.)
  11. 5910.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Reconsideration and Judicial Review [5900 - 6002] ( Heading of Chapter 7 amended by Stats. 1951, Ch. 778. ) ## ARTICLE 1. Reconsideration [5900 - 5911] ( Heading of Article 1 amended by Stats. 1951, Ch. 778. )

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    A petition for reconsideration suspends the affected order, decision, or award for 10 days, unless the appeals board orders otherwise.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Reconsideration and Judicial Review [5900 - 6002] ( Heading of Chapter 7 amended by Stats. 1951, Ch. 778. ) ## ARTICLE 1. Reconsideration [5900 - 5911] ( Heading of Article 1 amended by Stats. 1951, Ch. 778. ) ## 5910. The filing of a petition for reconsideration shall suspend for a period of 10 days the order, decision, or award 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 which it by order directs, may stay, suspend, or postpone the order, decision, or award during the pendency of the reconsideration. (Amended by Stats. 1965, Ch. 1513.)
  12. 5911.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Reconsideration and Judicial Review [5900 - 6002] ( Heading of Chapter 7 amended by Stats. 1951, Ch. 778. ) ## ARTICLE 1. Reconsideration [5900 - 5911] ( Heading of Article 1 amended by Stats. 1951, Ch. 778. )

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    The appeals board may grant reconsideration of its original order, decision, or award.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Reconsideration and Judicial Review [5900 - 6002] ( Heading of Chapter 7 amended by Stats. 1951, Ch. 778. ) ## ARTICLE 1. Reconsideration [5900 - 5911] ( Heading of Article 1 amended by Stats. 1951, Ch. 778. ) ## 5911. Nothing contained in this article shall be construed to prevent the appeals board, on petition of an aggrieved party or on its own motion, from granting reconsideration of an original order, decision, or award made and filed by the appeals board within the same time specified for reconsideration of an original order, decision, or award. (Amended by Stats. 1965, Ch. 1513.)
  13. 5950.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Reconsideration and Judicial Review [5900 - 6002] ( Heading of Chapter 7 amended by Stats. 1951, Ch. 778. ) ## ARTICLE 2. Judicial Review [5950 - 5956] ( Article 2 enacted by Stats. 1937, Ch. 90. )

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    An affected person may seek a writ of review from the Supreme Court or the local court of appeal, but the application must be filed within 45 days of the relevant reconsideration event.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Reconsideration and Judicial Review [5900 - 6002] ( Heading of Chapter 7 amended by Stats. 1951, Ch. 778. ) ## ARTICLE 2. Judicial Review [5950 - 5956] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 5950. Any person affected by an order, decision, or award of the appeals board may, within the time limit specified in this section, apply to the Supreme Court or to the court of appeal for the appellate district in which he resides, for a writ of review, for the purpose of inquiring into and determining the lawfulness of the original order, decision, or award or of the order, decision, or award following reconsideration. The application for writ of review must be made within 45 days after a petition for reconsideration is denied, or, if a petition is granted or reconsideration is had on the appeal board’s own motion, within 45 days after the filing of the order, decision, or award following reconsideration. (Amended by Stats. 1978, Ch. 661.)
  14. 5951.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Reconsideration and Judicial Review [5900 - 6002] ( Heading of Chapter 7 amended by Stats. 1951, Ch. 778. ) ## ARTICLE 2. Judicial Review [5950 - 5956] ( Article 2 enacted by Stats. 1937, Ch. 90. )

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    A writ of review must be returnable at a time and place set by court order, and the appeals board must certify the record to the court within the stated time.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Reconsideration and Judicial Review [5900 - 6002] ( Heading of Chapter 7 amended by Stats. 1951, Ch. 778. ) ## ARTICLE 2. Judicial Review [5950 - 5956] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 5951. The writ of review shall be made returnable at a time and place then or thereafter specified by court order and shall direct the appeals board to certify its record in the case to the court within the time therein specified. No new or additional evidence shall be introduced in such court, but the cause shall be heard on the record of the appeals board, as certified to by it. (Amended by Stats. 1965, Ch. 1513.)
  15. 5952.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Reconsideration and Judicial Review [5900 - 6002] ( Heading of Chapter 7 amended by Stats. 1951, Ch. 778. ) ## ARTICLE 2. Judicial Review [5950 - 5956] ( Article 2 enacted by Stats. 1937, Ch. 90. )

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    A court reviewing a workers’ compensation decision may only decide limited issues from the certified record and may not hold a new trial, take evidence, or use its own judgment on the evidence.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Reconsideration and Judicial Review [5900 - 6002] ( Heading of Chapter 7 amended by Stats. 1951, Ch. 778. ) ## ARTICLE 2. Judicial Review [5950 - 5956] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 5952. The review by the court shall not be extended further than to determine, based upon the entire record which shall be certified by the appeals board, whether: (a) The appeals board acted without or in excess of its powers. (b) The order, decision, or award was procured by fraud. (c) The order, decision, or award was unreasonable. (d) The order, decision, or award was not supported by substantial evidence. (e) If findings of fact are made, such findings of fact support the order, decision, or award under review. Nothing in this section shall permit the court to hold a trial de novo, to take evidence, or to exercise its independent judgment on the evidence. (Amended by Stats. 1965, Ch. 1513.)
  16. 5953.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Reconsideration and Judicial Review [5900 - 6002] ( Heading of Chapter 7 amended by Stats. 1951, Ch. 778. ) ## ARTICLE 2. Judicial Review [5950 - 5956] ( Article 2 enacted by Stats. 1937, Ch. 90. )

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    Appeals board fact findings are final and not reviewable; the court must enter judgment affirming or annulling the order, decision, or award, and may remand the case for further proceedings.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Reconsideration and Judicial Review [5900 - 6002] ( Heading of Chapter 7 amended by Stats. 1951, Ch. 778. ) ## ARTICLE 2. Judicial Review [5950 - 5956] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 5953. The findings and conclusions of the appeals board on questions of fact are conclusive and final and are not subject to review. Such questions of fact shall include ultimate facts and the findings and conclusions of the appeals board. The appeals board and each party to the action or proceeding before the appeals board shall have the right to appear in the review proceeding. Upon the hearing, the court shall enter judgment either affirming or annulling the order, decision, or award, or the court may remand the case for further proceedings before the appeals board. (Amended by Stats. 1965, Ch. 1513.)
  17. 5954.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Reconsideration and Judicial Review [5900 - 6002] ( Heading of Chapter 7 amended by Stats. 1951, Ch. 778. ) ## ARTICLE 2. Judicial Review [5950 - 5956] ( Article 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Pleadings filed under this article must be served on the appeals board and on adverse parties who appeared before the board.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Reconsideration and Judicial Review [5900 - 6002] ( Heading of Chapter 7 amended by Stats. 1951, Ch. 778. ) ## ARTICLE 2. Judicial Review [5950 - 5956] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 5954. The provisions of the Code of Civil Procedure relating to writs of review shall, so far as applicable, apply to proceedings in the courts under the provisions of this article. A copy of every pleading filed pursuant to the terms of this article shall be served on the appeals board and upon every party who entered an appearance in the action before the appeals board and whose interest therein is adverse to the party filing such pleading. (Amended by Stats. 1965, Ch. 1513.)
  18. 5955.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Reconsideration and Judicial Review [5900 - 6002] ( Heading of Chapter 7 amended by Stats. 1951, Ch. 778. ) ## ARTICLE 2. Judicial Review [5950 - 5956] ( Article 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Most California courts cannot review or interfere with appeals board orders, decisions, or actions, except as this section allows for the Supreme Court and courts of appeal.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Reconsideration and Judicial Review [5900 - 6002] ( Heading of Chapter 7 amended by Stats. 1951, Ch. 778. ) ## ARTICLE 2. Judicial Review [5950 - 5956] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 5955. No court of this state, except the Supreme Court and the courts of appeal to the extent herein specified, has jurisdiction to review, reverse, correct, or annul any order, rule, decision, or award of the appeals board, or to suspend or delay the operation or execution thereof, or to restrain, enjoin, or interfere with the appeals board in the performance of its duties but a writ of mandate shall lie from the Supreme Court or a court of appeal in all proper cases. (Amended by Stats. 1967, Ch. 17.)
  19. 5956.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Reconsideration and Judicial Review [5900 - 6002] ( Heading of Chapter 7 amended by Stats. 1951, Ch. 778. ) ## ARTICLE 2. Judicial Review [5950 - 5956] ( Article 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    A petition for writ of review does not automatically stop the appeals board’s order, but the court may order a stay or suspension.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Reconsideration and Judicial Review [5900 - 6002] ( Heading of Chapter 7 amended by Stats. 1951, Ch. 778. ) ## ARTICLE 2. Judicial Review [5950 - 5956] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 5956. The filing of a petition for, or the pendency of, a writ of review shall not of itself stay or suspend the operation of any order, rule, decision, or award of the appeals board, but the court before which the petition is filed may stay or suspend, in whole or in part, the operation of the order, decision, or award of the appeals board subject to review, upon the terms and conditions which it by order directs, except as provided in Article 3 of this chapter. (Amended by Stats. 1965, Ch. 1513.)
  20. 6.

    ## Labor Code - LAB ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Headings in this code section do not control or change the meaning, scope, or intent of the provisions.

    ## Labor Code - LAB ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 90. ) ## 6. Division, part, chapter, article, and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning, or intent of the provisions of any division, part, chapter, article, or section hereof. (Enacted by Stats. 1937, Ch. 90.)
  21. 60.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Except where otherwise provided, the Division of Workers’ Compensation administers and enforces the provisions of Divisions 4 and 4.5.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 60. Except as otherwise provided, the provisions of Divisions 4 and 4.5 of this code shall be administered and enforced by the Division of Workers’ Compensation. (Amended by Stats. 1994, Ch. 146, Sec. 137. Effective January 1, 1995.)
  22. 60.5.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The department must administer and enforce Part 1 of Division 5 through the Division of Occupational Safety and Health, under the director’s direction.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 60.5. (a) The provisions of Part 1 of Division 5 of this code shall be administered and enforced by the department through the Division of Occupational Safety and Health, subject to the direction of the director pursuant to Section 50.7. (b) The Division of Occupational Safety and Health succeeds to, and is vested with, all of the powers, duties, purposes, responsibilities, and jurisdiction of the Division of Industrial Safety, which is hereby abolished, and any other jurisdiction conferred by law. (c) All powers, duties, and responsibilities of the Chief of the Division of Industrial Safety are hereby transferred to the Chief of the Division of Occupational Safety and Health. (d) Any regulation or other action made, prescribed, issued, granted, or performed by the abolished Division of Industrial Safety in the administration of a function transferred pursuant to subdivision (b) shall remain in effect and shall be deemed to be a regulation or action of the Division of Occupational Safety and Health unless and until repealed, modified, or rescinded by such division. (e) Whenever any reference is made in any law to the abolished Division of Industrial Safety, it shall be deemed to be a reference to, and to mean, the Division of Occupational Safety and Health. (Amended by Stats. 1979, Ch. 72.)
  23. 60.6.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Certain civil service employees are transferred to the Department of Industrial Relations, and their status, positions, and rights are preserved, except for positions tied to civil-service-exempt duties.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 60.6. All persons serving in the state civil service in the Division of Industrial Safety or in the Occupational Health Branch of the State Department of Health Services, and engaged in the performance of a function transferred to the Division of Occupational Safety and Health shall, in accordance with Section 19370 of the Government Code, remain in the state civil service and are hereby transferred to the Department of Industrial Relations. The status, positions, and rights of such persons shall not be affected by their transfer and shall continue to be retained by them pursuant to the State Civil Service Act, except as to positions the duties of which are vested in a position that is exempt from civil service. (Added by Stats. 1979, Ch. 72.)
  24. 60.7.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The Division of Occupational Safety and Health has possession and control of specified records and other property tied to transferred functions.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 60.7. The Division of Occupational Safety and Health shall have possession and control of all records, books, papers, offices, equipment, supplies, moneys, funds, appropriations, land, licenses, permits, agreements, contracts, claims, judgments, and other property, real or personal, held for the benefit or use of the Division of Industrial Safety and the Occupational Health Branch of the State Department of Health Services with respect to the functions of those organizations that are transferred to the Division of Occupational Safety and Health. (Added by Stats. 1979, Ch. 72.)
  25. 60.8.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The Division of Occupational Safety and Health may spend appropriated money for administering laws it enforces, and those expenditures must follow the law and the appropriations’ purposes.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 60.8. The Division of Occupational Safety and Health may expend money appropriated for the administration of the laws the enforcement of which is committed to the division. Such expenditures by the division shall be made in accordance with law in carrying out the purposes for which the appropriations were made. (Added by Stats. 1979, Ch. 72.)
  26. 60.9.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The division must provide laboratory services and personnel for occupational health matters, and if it uses a private lab it must make an interagency agreement with the State Department of Health Services for quality control, performance evaluation, and analysis of nonroutine samples.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 60.9. There is within the Division of Occupational Safety and Health an occupational health unit and an occupational safety unit, which shall assist in the performance of occupational health functions and occupational safety functions, respectively, assigned to the division by law. There is also within the occupational health unit an occupational carcinogen control unit responsible for implementing the division’s obligations pursuant to the Occupational Carcinogens Control Act of 1976 (Part 10 (commencing with Sec. 9000)). The division, in performing its responsibilities under this code, shall provide for laboratory services and service personnel with respect to occupational health matters by interagency agreement with the State Department of Health Services or another public entity, by contract with a private sector laboratory, or by establishment of a laboratory within the division, or by a combination thereof. In the event that the division contracts with the private sector for laboratory services, the division shall enter into an interagency agreement with the State Department of Health Services for quality control and performance evaluation of the contract laboratory as well as analysis of nonroutine laboratory samples. (Amended by Stats. 1989, Ch. 299, Sec. 1.)
  27. 600.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Railroads [600 - 607] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section defines key terms used in the railroad chapter: “railroad,” “railroad corporation,” and “trainman.”

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Railroads [600 - 607] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 600. As used in this chapter, unless the context otherwise indicates: (a) “Railroad” means any steam railroad, electric railroad, or railway, operated in whole or in part in this State. (b) “Railroad corporation” means a corporation or receiver operating a railroad. (c) “Trainman” means a conductor, motorman, engineer, fireman, brakeman, train dispatcher, or telegraph operator, employed by or working in connection with a railroad. (Enacted by Stats. 1937, Ch. 90.)
  28. 6000.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Reconsideration and Judicial Review [5900 - 6002] ( Heading of Chapter 7 amended by Stats. 1951, Ch. 778. ) ## ARTICLE 3. Undertaking on Stay Order [6000 - 6002] ( Article 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    A court may not stay an appeals board order, decision, award, or resulting judgment on review unless the petitioner has executed an undertaking.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Reconsideration and Judicial Review [5900 - 6002] ( Heading of Chapter 7 amended by Stats. 1951, Ch. 778. ) ## ARTICLE 3. Undertaking on Stay Order [6000 - 6002] ( Article 3 enacted by Stats. 1937, Ch. 90. ) ## 6000. The operation of any order, decision, or award of the appeals board under the provisions of this division or any judgment entered thereon, shall not at any time be stayed by the court to which petition is made for a writ of review, unless an undertaking is executed on the part of the petitioner. (Amended by Stats. 1982, Ch. 517, Sec. 310.)
  29. 6001.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Reconsideration and Judicial Review [5900 - 6002] ( Heading of Chapter 7 amended by Stats. 1951, Ch. 778. ) ## ARTICLE 3. Undertaking on Stay Order [6000 - 6002] ( Article 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    An undertaking on a stay order must bind the petitioner and sureties in double the amount stated, and the petitioner must pay specified amounts, damages, and costs if the appeal is affirmed or dismissed.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Reconsideration and Judicial Review [5900 - 6002] ( Heading of Chapter 7 amended by Stats. 1951, Ch. 778. ) ## ARTICLE 3. Undertaking on Stay Order [6000 - 6002] ( Article 3 enacted by Stats. 1937, Ch. 90. ) ## 6001. The undertaking shall provide that: (a) The petitioner and sureties are bound in double the amount named in such order, decision, or award. (b) If the order, decision, or award appealed from, or any part thereof, is affirmed, or the proceeding upon review is dismissed, the petitioner will pay the amount directed to be paid by the order, decision, or award or the part of such amount as to which the order, decision, or award is affirmed, and all damages and costs which are awarded against the petitioner. (c) If the petitioner does not make such payment within 30 days after the filing with the appeals board of the remittitur from the reviewing court, judgment in favor of the adverse party may be entered on motion of the adverse party, and the undertaking shall apply to any judgment entered thereon. Such judgment may be entered in any superior court in which a certified copy of the order, decision, or award is filed, against the sureties for such amount, together with interest that is due thereon, and the damages and costs which are awarded against the petitioner. The provisions of the Code of Civil Procedure, except insofar as they are inconsistent with this division, are applicable to the undertaking. (Amended by Stats. 1965, Ch. 1513.)
  30. 6002.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Reconsideration and Judicial Review [5900 - 6002] ( Heading of Chapter 7 amended by Stats. 1951, Ch. 778. ) ## ARTICLE 3. Undertaking on Stay Order [6000 - 6002] ( Article 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The undertaking must be filed with the appeals board.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] ( Part 4 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Reconsideration and Judicial Review [5900 - 6002] ( Heading of Chapter 7 amended by Stats. 1951, Ch. 778. ) ## ARTICLE 3. Undertaking on Stay Order [6000 - 6002] ( Article 3 enacted by Stats. 1937, Ch. 90. ) ## 6002. The undertaking shall be filed with the appeals board. The certificate of the appeals board, or any proper officer thereof, of the filing and approval of such undertaking, is sufficient evidence of the compliance of the petitioner with the provisions of this article. (Amended by Stats. 1965, Ch. 1513.)
  31. 601.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Railroads [600 - 607] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Railroad corporations and their officers, agents, or representatives must not require or knowingly allow any trainman to work more than 12 consecutive hours.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Railroads [600 - 607] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 601. No railroad corporation or any officer, agent or representative of such corporation shall require or knowingly permit any trainman to be on duty for a longer period than 12 consecutive hours. (Amended by Stats. 1982, Ch. 896, Sec. 1.)
  32. 602.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Railroads [600 - 607] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    A trainman who has been on duty continuously for 12 hours must be relieved and cannot work again for the railroad corporation until getting at least 10 consecutive hours off duty.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Railroads [600 - 607] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 602. Whenever any trainman has been continuously on duty for 12 hours he shall be relieved and not required or permitted again to go on duty or perform any work for the railroad corporation until he has had at least 10 consecutive hours off duty. (Amended by Stats. 1982, Ch. 896, Sec. 2.)
  33. 603.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Railroads [600 - 607] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    A trainman who has worked 12 hours in a 24-hour period cannot be put back on duty until taking at least 8 consecutive hours off duty.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Railroads [600 - 607] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 603. No trainman who has been on duty 12 hours in the aggregate in any 24-hour period shall be required or permitted to continue or again go on duty without having had at least 8 consecutive hours off duty. (Amended by Stats. 1982, Ch. 896, Sec. 3.)
  34. 604.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Railroads [600 - 607] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Workers handling train-movement orders by telegraph or telephone cannot be kept on duty beyond the stated daily hour limits, with a narrow emergency exception.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Railroads [600 - 607] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 604. No person who by the use of the telegraph or telephone, dispatches, reports, transmits, receives or delivers orders pertaining to or affecting train movements shall be required or permitted to be on duty for a longer period than nine hours in any twenty-four hours, in towers, offices, places and stations continuously operated night and day, nor for a longer period than thirteen hours in towers, offices, places and stations operated only during the daytime. In case of emergency, however, the persons referred to in this section may be permitted to be on duty for four additional hours in a twenty-four hour period. Such additional duty shall not be required or permitted on more than three days in any week. (Enacted by Stats. 1937, Ch. 90.)
  35. 605.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Railroads [600 - 607] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    A railroad corporation that violates this chapter is liable to the state for a civil penalty of $500 to $5,000 for each offense.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Railroads [600 - 607] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 605. Any railroad corporation that violates any of the provisions of this chapter is liable to the state in a penalty of not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000) for each offense. The penalty shall be recovered and suit therefor shall be brought in the name of the state in a court of competent jurisdiction in any county into or through which said railroad may pass. The suit may be brought either by the Attorney General of the state or under his or her direction by the district attorney of any county in the state into or through which said railroad passes. (Amended by Stats. 2003, Ch. 329, Sec. 4. Effective January 1, 2004.)
  36. 606.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Railroads [600 - 607] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Railroad corporate officers, agents, or representatives must not violate this chapter; doing so is a misdemeanor with fines or jail.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Railroads [600 - 607] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 606. Any officer, agent or representative of any railroad corporation who violates any of the provisions of this chapter is guilty of a misdemeanor, punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each offense, or confinement in the county jail for not less than 10 nor more than 60 days, or both. Such person so offending may be prosecuted under this section, either in the county where he is at the time of commission of the offense, or in any county where such employee has been permitted or required to work in violation of this chapter. (Amended by Stats. 1983, Ch. 1092, Sec. 193. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  37. 607.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Railroads [600 - 607] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This chapter does not apply in certain emergency or unforeseen-delay situations, and it does not apply to wrecking or relief train crews.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Railroads [600 - 607] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 607. This chapter shall not apply in any case of casualty, unavoidable accident, or act of God; nor where the delay was the result of a cause not known to, and which could not have been foreseen by, the railroad corporation, or its officer or agent in charge of a trainman at the time the trainman left a terminal. This chapter shall not apply to the crews of wrecking, or relief trains. (Enacted by Stats. 1937, Ch. 90.)
  38. 61.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The department must administer and enforce Chapter 1 of Part 4 of Division 2 through the Division of Labor Standards Enforcement.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 61. The provisions of Chapter 1 (commencing with Section 1171) of Part 4 of Division 2 shall be administered and enforced by the department through the Division of Labor Standards Enforcement. (Amended by Stats. 1976, Ch. 746.)
  39. 6100.

    ## Labor Code - LAB ## DIVISION 4.5. WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED [6100 - 6149] ( Heading of Division 4.5 amended by Stats. 1979, Ch. 373. ) ## CHAPTER 1. General Provisions [6100 - 6101] ( Chapter 1 added by Stats. 1943, Ch. 45. )

    Verify source ↗

    This section states the purpose of the division: to promote economy, efficiency, and continuity in public service by encouraging qualified people to accept the risks of state employment and helping injured employees return to work quickly.

    ## Labor Code - LAB ## DIVISION 4.5. WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED [6100 - 6149] ( Heading of Division 4.5 amended by Stats. 1979, Ch. 373. ) ## CHAPTER 1. General Provisions [6100 - 6101] ( Chapter 1 added by Stats. 1943, Ch. 45. ) ## 6100. The purpose of this division is to effect economy, efficiency, and continuity in the public service by providing means for increasing the willingness of competent persons to assume the risk of injuries or death in State employment and for restoring experienced employees to productive work at the earliest possible moment following injury in the course of and arising out of State employment, irrespective of fault, in circumstances which make the injury or resulting death noncompensable under the provisions of Division 4 of this code. (Added by Stats. 1943, Ch. 45.)
  40. 6101.

    ## Labor Code - LAB ## DIVISION 4.5. WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED [6100 - 6149] ( Heading of Division 4.5 amended by Stats. 1979, Ch. 373. ) ## CHAPTER 1. General Provisions [6100 - 6101] ( Chapter 1 added by Stats. 1943, Ch. 45. )

    Verify source ↗

    This section defines key terms used in the division, including “state agency,” “Fund,” and “appeals board.”

    ## Labor Code - LAB ## DIVISION 4.5. WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED [6100 - 6149] ( Heading of Division 4.5 amended by Stats. 1979, Ch. 373. ) ## CHAPTER 1. General Provisions [6100 - 6101] ( Chapter 1 added by Stats. 1943, Ch. 45. ) ## 6101. Unless the context otherwise requires, as used in this division: (a) “State agency” means any agency, department, division, commission, board, bureau, officer, or other authority of the State of California. (b) “Fund” means State Compensation Insurance Fund. (c) “Appeals board” means the Workers’ Compensation Appeals Board. (Amended by Stats. 1981, Ch. 21, Sec. 11. Effective April 18, 1981.)
  41. 6110.

    ## Labor Code - LAB ## DIVISION 4.5. WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED [6100 - 6149] ( Heading of Division 4.5 amended by Stats. 1979, Ch. 373. ) ## CHAPTER 2. Direct Payments [6110 - 6115] ( Chapter 2 added by Stats. 1943, Ch. 45. )

    Verify source ↗

    Any State agency may choose to provide hospitalization, medical treatment, and indemnity benefits, including death benefits, to employees and dependents for covered work-related injuries or deaths not compensable under Division 4.

    ## Labor Code - LAB ## DIVISION 4.5. WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED [6100 - 6149] ( Heading of Division 4.5 amended by Stats. 1979, Ch. 373. ) ## CHAPTER 2. Direct Payments [6110 - 6115] ( Chapter 2 added by Stats. 1943, Ch. 45. ) ## 6110. Any State agency may, by appropriate action, undertake to provide hospitalization, medical treatment and indemnity, including death benefits, to its employees and to their dependents for injury or death suffered from accident, irrespective of fault, occurring in the course of and arising out of the employment with such State agency, where the injury or death is not compensable under the provisions of Division 4 of this code. (Added by Stats. 1943, Ch. 45.)
  42. 6111.

    ## Labor Code - LAB ## DIVISION 4.5. WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED [6100 - 6149] ( Heading of Division 4.5 amended by Stats. 1979, Ch. 373. ) ## CHAPTER 2. Direct Payments [6110 - 6115] ( Chapter 2 added by Stats. 1943, Ch. 45. )

    Verify source ↗

    The State Compensation Insurance Fund may make a master agreement with the State Department of Finance to provide claims-adjustment and claims-disposition services.

    ## Labor Code - LAB ## DIVISION 4.5. WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED [6100 - 6149] ( Heading of Division 4.5 amended by Stats. 1979, Ch. 373. ) ## CHAPTER 2. Direct Payments [6110 - 6115] ( Chapter 2 added by Stats. 1943, Ch. 45. ) ## 6111. The State Compensation Insurance Fund may enter into a master agreement with the State Department of Finance to render services in accordance with the agreement in the adjustment and disposition of claims against any State agency arising under this chapter. (Added by Stats. 1943, Ch. 45.)
  43. 6112.

    ## Labor Code - LAB ## DIVISION 4.5. WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED [6100 - 6149] ( Heading of Division 4.5 amended by Stats. 1979, Ch. 373. ) ## CHAPTER 2. Direct Payments [6110 - 6115] ( Chapter 2 added by Stats. 1943, Ch. 45. )

    Verify source ↗

    The master agreement must provide for services to be rendered at a uniform rate to all State agencies.

    ## Labor Code - LAB ## DIVISION 4.5. WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED [6100 - 6149] ( Heading of Division 4.5 amended by Stats. 1979, Ch. 373. ) ## CHAPTER 2. Direct Payments [6110 - 6115] ( Chapter 2 added by Stats. 1943, Ch. 45. ) ## 6112. The master agreement shall provide for the rendition of services at a uniform rate to all State agencies. (Added by Stats. 1943, Ch. 45.)
  44. 6113.

    ## Labor Code - LAB ## DIVISION 4.5. WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED [6100 - 6149] ( Heading of Division 4.5 amended by Stats. 1979, Ch. 373. ) ## CHAPTER 2. Direct Payments [6110 - 6115] ( Chapter 2 added by Stats. 1943, Ch. 45. )

    Verify source ↗

    The fund may make expenditures, including payments to claimants for medical care and for adjusting or settling claims.

    ## Labor Code - LAB ## DIVISION 4.5. WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED [6100 - 6149] ( Heading of Division 4.5 amended by Stats. 1979, Ch. 373. ) ## CHAPTER 2. Direct Payments [6110 - 6115] ( Chapter 2 added by Stats. 1943, Ch. 45. ) ## 6113. The fund may make all expenditures, including payments to claimants for medical care or for adjustment or settlement of claims. (Added by Stats. 1943, Ch. 45.)
  45. 6114.

    ## Labor Code - LAB ## DIVISION 4.5. WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED [6100 - 6149] ( Heading of Division 4.5 amended by Stats. 1979, Ch. 373. ) ## CHAPTER 2. Direct Payments [6110 - 6115] ( Chapter 2 added by Stats. 1943, Ch. 45. )

    Verify source ↗

    The agreement must require the relevant State agency to reimburse the fund for expenditures and the actual cost of services rendered.

    ## Labor Code - LAB ## DIVISION 4.5. WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED [6100 - 6149] ( Heading of Division 4.5 amended by Stats. 1979, Ch. 373. ) ## CHAPTER 2. Direct Payments [6110 - 6115] ( Chapter 2 added by Stats. 1943, Ch. 45. ) ## 6114. The agreement shall provide that the State agency whose officer or employee is a claimant shall reimburse the fund for the expenditures and for the actual cost of services rendered. (Added by Stats. 1943, Ch. 45.)
  46. 6115.

    ## Labor Code - LAB ## DIVISION 4.5. WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED [6100 - 6149] ( Heading of Division 4.5 amended by Stats. 1979, Ch. 373. ) ## CHAPTER 2. Direct Payments [6110 - 6115] ( Chapter 2 added by Stats. 1943, Ch. 45. )

    Verify source ↗

    The fund may take necessary steps to recover amounts on behalf of the State agency, including suing, intervening in court proceedings, and compromising claims.

    ## Labor Code - LAB ## DIVISION 4.5. WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED [6100 - 6149] ( Heading of Division 4.5 amended by Stats. 1979, Ch. 373. ) ## CHAPTER 2. Direct Payments [6110 - 6115] ( Chapter 2 added by Stats. 1943, Ch. 45. ) ## 6115. The fund may in its own name, or in the name of the State agency for which services are performed, do any and all things necessary to recover on behalf of the State agency any and all amounts which an employer might recover from third persons under Chapter 5 of Part 1 of Division 4 of this code, or which an insurer might recover pursuant to Section 11662 of the Insurance Code, including the rights to commence and prosecute actions or to intervene in other court proceedings, or to compromise claims before or after commencement of suit. (Added by Stats. 1943, Ch. 45.)
  47. 6130.

    ## Labor Code - LAB ## DIVISION 4.5. WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED [6100 - 6149] ( Heading of Division 4.5 amended by Stats. 1979, Ch. 373. ) ## CHAPTER 3. Insurance [6130 - 6131] ( Chapter 3 added by Stats. 1943, Ch. 45. )

    Verify source ↗

    A State agency may buy insurance for employee and dependent medical, hospitalization, indemnity, and death benefits instead of making direct payments, if the fund accepts the risk or otherwise from another insurer.

    ## Labor Code - LAB ## DIVISION 4.5. WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED [6100 - 6149] ( Heading of Division 4.5 amended by Stats. 1979, Ch. 373. ) ## CHAPTER 3. Insurance [6130 - 6131] ( Chapter 3 added by Stats. 1943, Ch. 45. ) ## 6130. In lieu of direct payments pursuant to Chapter 2 of this division, any State agency may obtain by insurance from the State Compensation Insurance Fund, if the fund accepts the risk when the application for insurance is made, otherwise from any other insurer, hospitalization, medical treatment, and indemnity, including death benefits, on behalf of its employees and of their dependents for injury or death suffered from accident, irrespective of fault, occurring in the course of and arising out of the employment with such State agency, where the injury or death is not compensable under the provisions of Division 4 of this code. (Added by Stats. 1943, Ch. 45.)
  48. 6131.

    ## Labor Code - LAB ## DIVISION 4.5. WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED [6100 - 6149] ( Heading of Division 4.5 amended by Stats. 1979, Ch. 373. ) ## CHAPTER 3. Insurance [6130 - 6131] ( Chapter 3 added by Stats. 1943, Ch. 45. )

    Verify source ↗

    A state agency must charge the insurance premium to appropriated funds, and if more than one fund is involved, it may allocate the premium among those funds with the Director of Finance’s approval.

    ## Labor Code - LAB ## DIVISION 4.5. WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED [6100 - 6149] ( Heading of Division 4.5 amended by Stats. 1979, Ch. 373. ) ## CHAPTER 3. Insurance [6130 - 6131] ( Chapter 3 added by Stats. 1943, Ch. 45. ) ## 6131. The premium for such insurance shall be a proper charge against any moneys appropriated for the support of or expenditure by such State agency. In case such State agency is supported by or authorized to expend moneys appropriated out of more than one fund, it may, with the approval of the Director of Finance, determine the proportion of such premium to be paid out of each such fund. (Added by Stats. 1943, Ch. 45.)
  49. 6140.

    ## Labor Code - LAB ## DIVISION 4.5. WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED [6100 - 6149] ( Heading of Division 4.5 amended by Stats. 1979, Ch. 373. ) ## CHAPTER 4. Benefits and Procedure [6140 - 6149] ( Chapter 4 added by Stats. 1943, Ch. 45. )

    Verify source ↗

    Benefits under this division must match Division 4 benefits for covered employees.

    ## Labor Code - LAB ## DIVISION 4.5. WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED [6100 - 6149] ( Heading of Division 4.5 amended by Stats. 1979, Ch. 373. ) ## CHAPTER 4. Benefits and Procedure [6140 - 6149] ( Chapter 4 added by Stats. 1943, Ch. 45. ) ## 6140. The hospitalization, medical treatment, and indemnity, including death benefits, provided pursuant to this division shall be the same as provided by Division 4 of this code for employees entitled to the benefits of that division. (Added by Stats. 1943, Ch. 45.)
  50. 6141.

    ## Labor Code - LAB ## DIVISION 4.5. WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED [6100 - 6149] ( Heading of Division 4.5 amended by Stats. 1979, Ch. 373. ) ## CHAPTER 4. Benefits and Procedure [6140 - 6149] ( Chapter 4 added by Stats. 1943, Ch. 45. )

    Verify source ↗

    This section makes Division 4 provisions part of this chapter, unless this chapter says otherwise.

    ## Labor Code - LAB ## DIVISION 4.5. WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED [6100 - 6149] ( Heading of Division 4.5 amended by Stats. 1979, Ch. 373. ) ## CHAPTER 4. Benefits and Procedure [6140 - 6149] ( Chapter 4 added by Stats. 1943, Ch. 45. ) ## 6141. Except as otherwise provided in this chapter, the provisions of Division 4 of this code, relating to benefits, procedure, and limitations, and all other provisions of that division, so far as they are consistent with the intent and purpose of this division, are made a part hereof the same as if set forth herein verbatim. (Added by Stats. 1943, Ch. 45.)
  51. 6142.

    ## Labor Code - LAB ## DIVISION 4.5. WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED [6100 - 6149] ( Heading of Division 4.5 amended by Stats. 1979, Ch. 373. ) ## CHAPTER 4. Benefits and Procedure [6140 - 6149] ( Chapter 4 added by Stats. 1943, Ch. 45. )

    Verify source ↗

    Some listed Labor Code sections, and other Division 4 sections restricted to particular persons or occupations, are excluded from this division and its operation.

    ## Labor Code - LAB ## DIVISION 4.5. WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED [6100 - 6149] ( Heading of Division 4.5 amended by Stats. 1979, Ch. 373. ) ## CHAPTER 4. Benefits and Procedure [6140 - 6149] ( Chapter 4 added by Stats. 1943, Ch. 45. ) ## 6142. The provisions of Sections 3212, 3212.5, 3361, 4458, and 4800 to 4855, inclusive, of this code, as well as of other sections of Division 4 of this code, which are restrictive to particular persons or occupations, are excepted from this division and its operation. (Added by Stats. 1943, Ch. 45.)
  52. 6143.

    ## Labor Code - LAB ## DIVISION 4.5. WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED [6100 - 6149] ( Heading of Division 4.5 amended by Stats. 1979, Ch. 373. ) ## CHAPTER 4. Benefits and Procedure [6140 - 6149] ( Chapter 4 added by Stats. 1943, Ch. 45. )

    Verify source ↗

    The appeals board has power to hear and decide disputes or matters arising from obligations under this division, subject to constitutional limits and certain insurance-code limitations.

    ## Labor Code - LAB ## DIVISION 4.5. WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED [6100 - 6149] ( Heading of Division 4.5 amended by Stats. 1979, Ch. 373. ) ## CHAPTER 4. Benefits and Procedure [6140 - 6149] ( Chapter 4 added by Stats. 1943, Ch. 45. ) ## 6143. The appeals board is vested with all power not inconsistent with Article VI of the Constitution of the State of California to hear and determine any dispute or matter arising out of an obligation under this division to provide directly, or through the medium of insurance, benefits identical with those prescribed by Division 4 of this code, with such limitations as are authorized, in the case of insurance, by Section 11657 of the Insurance Code. (Amended by Stats. 1965, Ch. 1513.)
  53. 6144.

    ## Labor Code - LAB ## DIVISION 4.5. WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED [6100 - 6149] ( Heading of Division 4.5 amended by Stats. 1979, Ch. 373. ) ## CHAPTER 4. Benefits and Procedure [6140 - 6149] ( Chapter 4 added by Stats. 1943, Ch. 45. )

    Verify source ↗

    The appeals board may decide certain controversies under this division when the parties refer them and submit them under the stated civil procedure provisions.

    ## Labor Code - LAB ## DIVISION 4.5. WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED [6100 - 6149] ( Heading of Division 4.5 amended by Stats. 1979, Ch. 373. ) ## CHAPTER 4. Benefits and Procedure [6140 - 6149] ( Chapter 4 added by Stats. 1943, Ch. 45. ) ## 6144. The appeals board may try and determine controversies under this division referred to it by the parties under the provisions of Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure, when such controversies are submitted to it by the signed agreement of the parties, or by the application of one party and the submission of the other to its jurisdiction, with or without an express request for arbitration. (Amended by Stats. 1977, Ch. 579.)
  54. 6145.

    ## Labor Code - LAB ## DIVISION 4.5. WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED [6100 - 6149] ( Heading of Division 4.5 amended by Stats. 1979, Ch. 373. ) ## CHAPTER 4. Benefits and Procedure [6140 - 6149] ( Chapter 4 added by Stats. 1943, Ch. 45. )

    Verify source ↗

    The state must submit arbitrable controversies under this division to the appeals board, when acting through a state agency or when the opposing party consents.

    ## Labor Code - LAB ## DIVISION 4.5. WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED [6100 - 6149] ( Heading of Division 4.5 amended by Stats. 1979, Ch. 373. ) ## CHAPTER 4. Benefits and Procedure [6140 - 6149] ( Chapter 4 added by Stats. 1943, Ch. 45. ) ## 6145. The state, acting by or through any state agency, or when the consent of the opposing party is obtained, shall submit to the appeals board all controversies under this division susceptible of being arbitrated. (Amended by Stats. 1965, Ch. 1513.)
  55. 6146.

    ## Labor Code - LAB ## DIVISION 4.5. WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED [6100 - 6149] ( Heading of Division 4.5 amended by Stats. 1979, Ch. 373. ) ## CHAPTER 4. Benefits and Procedure [6140 - 6149] ( Chapter 4 added by Stats. 1943, Ch. 45. )

    Verify source ↗

    When acting as arbitrator, the appeals board has the same powers as in compensation cases, and it may not charge a fee or cost for that service.

    ## Labor Code - LAB ## DIVISION 4.5. WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED [6100 - 6149] ( Heading of Division 4.5 amended by Stats. 1979, Ch. 373. ) ## CHAPTER 4. Benefits and Procedure [6140 - 6149] ( Chapter 4 added by Stats. 1943, Ch. 45. ) ## 6146. In acting as arbitrator, the appeals board has all the powers which it has in compensation cases, and its findings and award upon an arbitration have the same conclusiveness and are subject to the same mode of reopening, review, and enforcement as in compensation cases. No fee or cost shall be charged by the appeals board for acting as arbitrator. (Amended by Stats. 1965, Ch. 1513.)
  56. 6147.

    ## Labor Code - LAB ## DIVISION 4.5. WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED [6100 - 6149] ( Heading of Division 4.5 amended by Stats. 1979, Ch. 373. ) ## CHAPTER 4. Benefits and Procedure [6140 - 6149] ( Chapter 4 added by Stats. 1943, Ch. 45. )

    Verify source ↗

    A state agency may not pay covered benefits until the claimant signs and delivers a written agreement with the required credit-and-waiver terms.

    ## Labor Code - LAB ## DIVISION 4.5. WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED [6100 - 6149] ( Heading of Division 4.5 amended by Stats. 1979, Ch. 373. ) ## CHAPTER 4. Benefits and Procedure [6140 - 6149] ( Chapter 4 added by Stats. 1943, Ch. 45. ) ## 6147. No state agency, either directly or through its adjusting agency, the State Compensation Insurance Fund, shall pay or provide any benefit authorized by this division unless and until the claimant makes and delivers to such state agency or to the fund an agreement in writing that if he, or his dependents in the event of his death, elects or elect to bring suit against the state with respect to the injury or death, except an action before the appeals board pursuant to the provisions of this division, or an action against the state for damages resulting from the negligence of an employee of another state agency, he or they will allow, and take all proper measures to effect, a credit to the reasonable value of all benefits which he or they have received under the provisions of this division, deductible from any verdict or judgment obtained in such suit, and from the date of commencement of suit will forego further benefits under this division. (Amended by Stats. 1965, Ch. 1513.)
  57. 6148.

    ## Labor Code - LAB ## DIVISION 4.5. WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED [6100 - 6149] ( Heading of Division 4.5 amended by Stats. 1979, Ch. 373. ) ## CHAPTER 4. Benefits and Procedure [6140 - 6149] ( Chapter 4 added by Stats. 1943, Ch. 45. )

    Verify source ↗

    The insurer may not pay benefits unless the claimant first signs and delivers a written agreement, and the claimant must accept a credit for benefits already received if suing over the injury or death.

    ## Labor Code - LAB ## DIVISION 4.5. WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED [6100 - 6149] ( Heading of Division 4.5 amended by Stats. 1979, Ch. 373. ) ## CHAPTER 4. Benefits and Procedure [6140 - 6149] ( Chapter 4 added by Stats. 1943, Ch. 45. ) ## 6148. The insurer, when insurance exists, shall not pay or provide any benefit authorized by this division unless and until the claimant makes and delivers to the insurer an agreement in writing that if he, or his dependents in the event of his death, elects or elect to bring suit against the state or the insurer with respect to the injury or death, except an action before the appeals board pursuant to the provisions of this division, or an action against the state for damages resulting from the negligence of an employee of another state agency, he or they will allow, and take all proper measures to effect, a credit to the reasonable value of all benefits which he or they have received under the provisions of this division, deductible from any verdict or judgment obtained in such suit, and from the date of commencement of suit will forego further benefits under such insurance. (Amended by Stats. 1965, Ch. 1513.)
  58. 6149.

    ## Labor Code - LAB ## DIVISION 4.5. WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED [6100 - 6149] ( Heading of Division 4.5 amended by Stats. 1979, Ch. 373. ) ## CHAPTER 4. Benefits and Procedure [6140 - 6149] ( Chapter 4 added by Stats. 1943, Ch. 45. )

    Verify source ↗

    An employee may negotiate the agreement referenced in Sections 6147 and 6148 before an injury happens.

    ## Labor Code - LAB ## DIVISION 4.5. WORKERS' COMPENSATION AND INSURANCE: STATE EMPLOYEES NOT OTHERWISE COVERED [6100 - 6149] ( Heading of Division 4.5 amended by Stats. 1979, Ch. 373. ) ## CHAPTER 4. Benefits and Procedure [6140 - 6149] ( Chapter 4 added by Stats. 1943, Ch. 45. ) ## 6149. Nothing shall preclude an employee from negotiating the agreement mentioned in Sections 6147 and 6148 prior to the occurrence of injury. (Added by Stats. 1943, Ch. 45.)
  59. 62.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The department may spend appropriated money for administering and enforcing laws assigned to it, and for supporting its own commissions or offices.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 62. The department may expend money appropriated for the administration of the provisions of the laws, the enforcement of which is committed to the department. The department may expend such money for the use, support, or maintenance of any commission or office of the department. Such expenditures by the department shall be made in accordance with law in carrying on the work for which such appropriations were made. (Enacted by Stats. 1937, Ch. 90.)
  60. 62.5.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section creates several state funds and sets rules for how employer surcharges, assessments, and fund money may be collected and used.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 62.5. (a) (1) The Workers’ Compensation Administration Revolving Fund is hereby created as a special account in the State Treasury. Money in the fund may be expended by the department, upon appropriation by the Legislature, for all of the following purposes, and may not be used or borrowed for any other purpose: (A) For the administration of the workers’ compensation program set forth in this division and Division 4 (commencing with Section 3200), other than the activities financed pursuant to paragraph (2) of subdivision (a) of Section 3702.5. (B) For the Return-to-Work Program set forth in Section 139.48. (C) For the enforcement of the insurance coverage program established and maintained by the Labor Commissioner pursuant to Section 90.3. (2) The fund shall consist of surcharges made pursuant to subparagraph (A) of paragraph (1) of subdivision (f). (b) (1) The Uninsured Employers Benefits Trust Fund is hereby created as a special trust fund account in the State Treasury, of which the director is trustee, and its sources of funds are as provided in subparagraph (A) of paragraph (1) of subdivision (f). Notwithstanding Section 13340 of the Government Code, the fund is continuously appropriated for the payment of nonadministrative expenses of the workers’ compensation program for workers injured while employed by uninsured employers in accordance with Article 2 (commencing with Section 3710) of Chapter 4 of Part 1 of Division 4, and shall not be used for any other purpose. All moneys collected shall be retained in the trust fund until paid as benefits to workers injured while employed by uninsured employers. Nonadministrative expenses include audits and reports of services prepared pursuant to subdivision (b) of Section 3716.1. The surcharge amount for this fund shall be stated separately. (2) Notwithstanding any other provision of law, all references to the Uninsured Employers Fund shall mean the Uninsured Employers Benefits Trust Fund. (3) Notwithstanding paragraph (1), in the event that budgetary restrictions or impasse prevent the timely payment of administrative expenses from the Workers’ Compensation Administration Revolving Fund, those expenses shall be advanced from the Uninsured Employers Benefits Trust Fund. Expense advances made pursuant to this paragraph shall be reimbursed in full to the Uninsured Employers Benefits Trust Fund upon enactment of the annual Budget Act. (4) Any moneys from penalties collected pursuant to Section 3722 as a result of the insurance coverage program established under Section 90.3 shall be deposited in the State Treasury to the credit of the Workers’ Compensation Administration Revolving Fund created under this section, to cover expenses incurred by the director under the insurance coverage program. The amount of any penalties in excess of payment of administrative expenses incurred by the director for the insurance coverage program established under Section 90.3 shall be deposited in the State Treasury to the credit of the Uninsured Employers Benefits Trust Fund for nonadministrative expenses, as prescribed in paragraph (1), and notwithstanding paragraph (1), shall only be available upon appropriation by the Legislature. (c) (1) The Subsequent Injuries Benefits Trust Fund is hereby created as a special trust fund account in the State Treasury, of which the director is trustee, and its sources of funds are as provided in subparagraph (A) of paragraph (1) of subdivision (f). Notwithstanding Section 13340 of the Government Code, the fund is continuously appropriated for the nonadministrative expenses of the workers’ compensation program for workers who have suffered serious injury and who are suffering from previous and serious permanent disabilities or physical impairments, in accordance with Article 5 (commencing with Section 4751) of Chapter 2 of Part 2 of Division 4, and Section 4 of Article XIV of the California Constitution, and shall not be used for any other purpose. All moneys collected shall be retained in the trust fund until paid as benefits to workers who have suffered serious injury and who are suffering from previous and serious permanent disabilities or physical impairments. Nonadministrative expenses include audits and reports of services pursuant to subdivision (c) of Section 4755. The surcharge amount for this fund shall be stated separately. (2) Notwithstanding any other law, all references to the Subsequent Injuries Fund shall mean the Subsequent Injuries Benefits Trust Fund. (3) Notwithstanding paragraph (1), in the event that budgetary restrictions or impasse prevent the timely payment of administrative expenses from the Workers’ Compensation Administration Revolving Fund, those expenses shall be advanced from the Subsequent Injuries Benefits Trust Fund. Expense advances made pursuant to this paragraph shall be reimbursed in full to the Subsequent Injuries Benefits Trust Fund upon enactment of the annual Budget Act. (d) (1) The Occupational Safety and Health Fund is hereby created as a special account in the State Treasury. Moneys in the account may be expended by the department, upon appropriation by the Legislature, for support of the Division of Occupational Safety and Health, the Occupational Safety and Health Standards Board, and the Occupational Safety and Health Appeals Board, and the activities these entities perform as set forth in this division, and Division 5 (commencing with Section 6300). (2) On and after the effective date of the act amending this section to add this paragraph in the 2013–14 Regular Session of the Legislature, any moneys in the Cal-OSHA Targeted Inspection and Consultation Fund and any assets, liabilities, revenues, expenditures, and encumbrances of that fund, less five million dollars ($5,000,000), shall be transferred to the Occupational Safety and Health Fund. On June 30, 2014, the remaining five million dollars ($5,000,000) in the Cal-OSHA Targeted Inspection and Consultation Fund, or any remaining balance in that fund, shall be transferred to, and become part of, the Occupational Safety and Health Fund. (e) The Labor Enforcement and Compliance Fund is hereby created as a special account in the State Treasury. Moneys in the fund may be expended by the department, upon appropriation by the Legislature, for the support of the activities that the Division of Labor Standards Enforcement performs pursuant to this division and Division 2 (commencing with Section 200), Division 3 (commencing with Section 2700), and Division 4 (commencing with Section 3200). (f) (1) (A) Separate surcharges shall be levied by the director upon all employers, as defined in Section 3300, for purposes of deposit in the Workers’ Compensation Administration Revolving Fund, the Uninsured Employers Benefits Trust Fund, the Subsequent Injuries Benefits Trust Fund, and the Occupational Safety and Health Fund. The total amount of the surcharges shall be allocated between self-insured employers and insured employers in proportion to payroll respectively paid in the most recent year for which payroll information is available. The director shall adopt reasonable regulations governing the manner of collection of the surcharges. The regulations shall require the surcharges to be paid by self-insurers to be expressed as a percentage of indemnity paid during the most recent year for which information is available, and the surcharges to be paid by insured employers to be expressed as a percentage of premium. In no event shall the surcharges paid by insured employers be considered a premium for computation of a gross premium tax or agents’ commission. In no event shall the total amount of the surcharges paid by insured and self-insured employers exceed the amounts reasonably necessary to carry out the purposes of this section. (B) Assessments shall be levied by the director upon all employers, as defined in Section 3300, as necessary, to collect the aggregate amount determined by the Fraud Assessment Commission pursuant to Section 1872.83 of the Insurance Code. Revenues derived from the assessments shall be deposited in the Workers’ Compensation Fraud Account in the Insurance Fund and shall only be expended, upon appropriation by the Legislature, for the investigation and prosecution of workers’ compensation fraud and the willful failure to secure payment of workers’ compensation, as prescribed by Section 1872.83 of the Insurance Code. The total amount of the assessment shall be allocated between self-insured employers and insured employers in proportion to payroll respectively paid in the most recent year for which payroll information is available. The director shall promulgate reasonable rules and regulations governing the manner of collection of the assessment. The rules and regulations shall require the assessment to be paid by self-insurers to be expressed as a percentage of indemnity paid during the most recent year for which information is available, and the assessment to be paid by insured employers to be expressed as a percentage of premium. In no event shall the assessment paid by insured employers be considered a premium for computation of a gross premium tax or agents’ commission. (2) The surcharge levied by the director for the Occupational Safety and Health Fund, pursuant to subparagraph (A) of paragraph (1), shall not generate revenues in excess of fifty-seven million dollars ($57,000,000) on and after the 2013–14 fiscal year, adjusted for each fiscal year as appropriate to fund any increases in the appropriation as approved by the Legislature, and to reconcile any over/under assessments from previous fiscal years pursuant to Sections 15606 and 15609 of Title 8 of the California Code of Regulations. For the 2013–14 fiscal year only, the revenue cap established in this paragraph shall be reduced by an amount equivalent to the balance transferred from the Cal-OSHA Targeted Inspection and Consultation Fund established in Section 62.7, less any amount of that balance loaned to the State Public Works Enforcement Fund, to the Occupational Safety and Health Fund pursuant to subdivision (d). (3) A separate surcharge shall be levied by the director upon all employers, as defined in Section 3300, for purposes of deposit in the Labor Enforcement and Compliance Fund. The total amount of the surcharges shall be allocated between employers in proportion to payroll respectively paid in the most recent year for which payroll information is available. The director shall adopt reasonable regulations governing the manner of collection of the surcharges. In no event shall the total amount of the surcharges paid by employers exceed the amounts reasonably necessary to carry out the purposes of this section. (4) The surcharge levied by the director for the Labor Enforcement and Compliance Fund shall not exceed forty-six million dollars ($46,000,000) in the 2013–14 fiscal year, adjusted as appropriate to fund any increases in the appropriation as approved by the Legislature, and to reconcile any over/under assessments from previous fiscal years pursuant to Sections 15606 and 15609 of Title 8 of the California Code of Regulations. (5) The regulations adopted pursuant to paragraph (1) to (4), inclusive, shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (Amended by Stats. 2025, Ch. 23, Sec. 4. (SB 129) Effective June 30, 2025.)
  61. 62.8.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    $5 million is appropriated to be transferred as a loan, and the loan must be repaid by June 30, 2015 with interest.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 62.8. Five million dollars ($5,000,000) is hereby appropriated for transfer by the State Controller upon order of the Director of Finance from the Cal-OSHA Targeted Inspection and Consultation Fund as a loan to the State Public Works Enforcement Fund. This loan shall be repaid to the Occupational Safety and Health Fund by June 30, 2015. This loan shall be repaid with interest calculated at the rate earned by the Pooled Money Investment Account at the time of the transfer. (Added by Stats. 2013, Ch. 28, Sec. 35. (SB 71) Effective June 27, 2013.)
  62. 6200.

    ## Labor Code - LAB ## DIVISION 4.7. RETRAINING AND REHABILITATION [6200 - 6208] ( Division 4.7 added by Stats. 1971, Ch. 1506. )

    Verify source ↗

    Public agencies, their insurance carriers, and the State Department of Rehabilitation must jointly create referral procedures for injured full-time public employees who may benefit from rehabilitation and retraining.

    ## Labor Code - LAB ## DIVISION 4.7. RETRAINING AND REHABILITATION [6200 - 6208] ( Division 4.7 added by Stats. 1971, Ch. 1506. ) ## 6200. Every public agency, its insurance carrier, and the State Department of Rehabilitation shall jointly formulate procedures for the selection and orderly referral of injured full-time public employees who may be benefited by rehabilitation services and retrained for other positions in public service. The State Department of Rehabilitation shall cooperate in both designing and monitoring results of rehabilitation programs for the disabled employees. The primary purpose of this division is to encourage public agencies to reemploy their injured employees in suitable and gainful employment. (Added by Stats. 1971, Ch. 1506.)
  63. 6201.

    ## Labor Code - LAB ## DIVISION 4.7. RETRAINING AND REHABILITATION [6200 - 6208] ( Division 4.7 added by Stats. 1971, Ch. 1506. )

    Verify source ↗

    The employer or insurance carrier must notify an injured employee about available rehabilitation services when disability continues for 28 days or more, and send a copy of that notice to the State Department of Rehabilitation.

    ## Labor Code - LAB ## DIVISION 4.7. RETRAINING AND REHABILITATION [6200 - 6208] ( Division 4.7 added by Stats. 1971, Ch. 1506. ) ## 6201. The employer or insurance carrier shall notify the injured employee of the availability of rehabilitation services in those cases where there is continuing disability of 28 days and beyond. Notification shall be made at the time the employee is paid retroactively for the first day of disability (in cases of 28 days of continuing disability or hospitalization) which has previously been uncompensated. A copy of said notification shall be forwarded to the State Department of Rehabilitation. (Added by Stats. 1971, Ch. 1506.)
  64. 6202.

    ## Labor Code - LAB ## DIVISION 4.7. RETRAINING AND REHABILITATION [6200 - 6208] ( Division 4.7 added by Stats. 1971, Ch. 1506. )

    Verify source ↗

    The injured employee, the employer, or the insurance carrier share responsibility for starting a rehabilitation plan.

    ## Labor Code - LAB ## DIVISION 4.7. RETRAINING AND REHABILITATION [6200 - 6208] ( Division 4.7 added by Stats. 1971, Ch. 1506. ) ## 6202. The initiation of a rehabilitation plan shall be the joint responsibility of the injured employee, and the employer or the insurance carrier. (Added by Stats. 1971, Ch. 1506.)
  65. 6203.

    ## Labor Code - LAB ## DIVISION 4.7. RETRAINING AND REHABILITATION [6200 - 6208] ( Division 4.7 added by Stats. 1971, Ch. 1506. )

    Verify source ↗

    If a rehabilitation plan requires an injured employee to travel away from home for an educational or medical facility, the employee must be paid a reasonable and necessary subsistence allowance on top of temporary disability indemnity.

    ## Labor Code - LAB ## DIVISION 4.7. RETRAINING AND REHABILITATION [6200 - 6208] ( Division 4.7 added by Stats. 1971, Ch. 1506. ) ## 6203. If a rehabilitation plan requires an injured employee to attend an educational or medical facility away from his home, the injured employee shall be paid a reasonable and necessary subsistence allowance in addition to temporary disability indemnity. The subsistence allowance shall be regarded neither as indemnity nor as replacement for lost earnings, but rather as an amount reasonable and necessary to sustain the employee. The determination of need in a particular case shall be established as part of the rehabilitation plan. (Amended by Stats. 1972, Ch. 715.)
  66. 6204.

    ## Labor Code - LAB ## DIVISION 4.7. RETRAINING AND REHABILITATION [6200 - 6208] ( Division 4.7 added by Stats. 1971, Ch. 1506. )

    Verify source ↗

    An injured employee who agrees to a rehabilitation plan must cooperate in carrying it out.

    ## Labor Code - LAB ## DIVISION 4.7. RETRAINING AND REHABILITATION [6200 - 6208] ( Division 4.7 added by Stats. 1971, Ch. 1506. ) ## 6204. An injured employee agreeing to a rehabilitation plan shall cooperate in carrying it out. On his unreasonable refusal to comply with the provisions of the rehabilitation plan, the injured employee’s rights to further subsistence shall be suspended until compliance is obtained, except that the payment of temporary or permanent disability indemnity, which would be payable regardless of the rehabilitation plan, shall not be suspended. (Amended by Stats. 1972, Ch. 715.)
  67. 6205.

    ## Labor Code - LAB ## DIVISION 4.7. RETRAINING AND REHABILITATION [6200 - 6208] ( Division 4.7 added by Stats. 1971, Ch. 1506. )

    Verify source ↗

    An injured employee may agree on a rehabilitation plan with the employer or insurance carrier without getting State Department of Rehabilitation approval.

    ## Labor Code - LAB ## DIVISION 4.7. RETRAINING AND REHABILITATION [6200 - 6208] ( Division 4.7 added by Stats. 1971, Ch. 1506. ) ## 6205. The injured employee may agree with his employer or insurance carrier upon a rehabilitation plan without submission of such plan for approval to the State Department of Rehabilitation. Provision of service under such plans shall be at no cost to the State General Fund. (Added by Stats. 1971, Ch. 1506.)
  68. 6206.

    ## Labor Code - LAB ## DIVISION 4.7. RETRAINING AND REHABILITATION [6200 - 6208] ( Division 4.7 added by Stats. 1971, Ch. 1506. )

    Verify source ↗

    An injured employee is entitled to medical and vocational rehabilitative services reasonably needed to restore suitable employment.

    ## Labor Code - LAB ## DIVISION 4.7. RETRAINING AND REHABILITATION [6200 - 6208] ( Division 4.7 added by Stats. 1971, Ch. 1506. ) ## 6206. The injured employee shall receive such medical and vocational rehabilitative services as may be reasonably necessary to restore him to suitable employment. (Added by Stats. 1971, Ch. 1506.)
  69. 6207.

    ## Labor Code - LAB ## DIVISION 4.7. RETRAINING AND REHABILITATION [6200 - 6208] ( Division 4.7 added by Stats. 1971, Ch. 1506. )

    Verify source ↗

    An injured employee’s rehabilitation benefit is an additional benefit and cannot be converted into or replace any available workers’ compensation benefit.

    ## Labor Code - LAB ## DIVISION 4.7. RETRAINING AND REHABILITATION [6200 - 6208] ( Division 4.7 added by Stats. 1971, Ch. 1506. ) ## 6207. The injured employee’s rehabilitation benefit is an additional benefit and shall not be converted to or replace any workmen’s compensation benefit available to him. (Added by Stats. 1971, Ch. 1506.)
  70. 6208.

    ## Labor Code - LAB ## DIVISION 4.7. RETRAINING AND REHABILITATION [6200 - 6208] ( Division 4.7 added by Stats. 1971, Ch. 1506. )

    Verify source ↗

    A rehabilitation program’s initiation and acceptance are voluntary, not compulsory, for the employer, insurance carrier, and injured employee.

    ## Labor Code - LAB ## DIVISION 4.7. RETRAINING AND REHABILITATION [6200 - 6208] ( Division 4.7 added by Stats. 1971, Ch. 1506. ) ## 6208. The initiation and acceptance of a rehabilitation program shall be voluntary and not compulsory upon the employer, the insurance carrier, or the injured employee. (Added by Stats. 1972, Ch. 715.)
  71. 63.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The Director may authorize refunds of money collected by the department for license fees or other services when the license cannot lawfully be issued or the service cannot be provided.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 63. The Director may authorize the refund of moneys received or collected by the department in payment of license fees or for other services in cases where the license can not lawfully be issued or the service rendered to the applicant. (Added by Stats. 1941, Ch. 947.)
  72. 6300.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

    Verify source ↗

    This section enacts the California Occupational Safety and Health Act of 1973 to promote safe and healthful working conditions and support enforcement, research, information, education, and training in occupational safety and health.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6300. The California Occupational Safety and Health Act of 1973 is hereby enacted for the purpose of assuring safe and healthful working conditions for all California working men and women by authorizing the enforcement of effective standards, assisting and encouraging employers to maintain safe and healthful working conditions, and by providing for research, information, education, training, and enforcement in the field of occupational safety and health. (Repealed and added by Stats. 1973, Ch. 993.)
  73. 6301.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

    Verify source ↗

    The chapter’s definitions control how this part is read and applied.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6301. The definitions set forth in this chapter shall govern the construction and interpretation of this part. (Repealed and added by Stats. 1973, Ch. 993.)
  74. 6302.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

    Verify source ↗

    This section defines key terms used in the labor code division, including “Director,” “Department,” “Insurer,” “Division,” several boards, and the terms “serious injury or illness” and “serious exposure.”

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6302. As used in this division: (a) “Director” means the Director of Industrial Relations. (b) “Department” means the Department of Industrial Relations. (c) “Insurer” includes the State Compensation Insurance Fund and any private company, corporation, mutual association, and reciprocal or interinsurance exchange, authorized under the laws of this state to insure employers against liability for compensation under this part and under Division 4 (commencing with Section 3201), and any employer to whom a certificate of consent to self-insure has been issued. (d) “Division” means the Division of Occupational Safety and Health. (e) “Standards board” means the Occupational Safety and Health Standards Board, within the department. (f) “Appeals board” means the Occupational Safety and Health Appeals Board, within the department. (g) “Aquaculture” means a form of agriculture as defined in Section 17 of the Fish and Game Code. (h) “Serious injury or illness” means any injury or illness occurring in a place of employment or in connection with any employment that requires inpatient hospitalization, for other than medical observation or diagnostic testing, or in which an employee suffers an amputation, the loss of an eye, or any serious degree of permanent disfigurement, but does not include any injury or illness or death caused by an accident on a public street or highway, unless the accident occurred in a construction zone. “Serious injury or illness” includes silicosis and silica-related lung cancer. (i) “Serious exposure” means any exposure of an employee to a hazardous substance when the exposure occurs as a result of an incident, accident, emergency, or exposure over time and is in a degree or amount sufficient to create a realistic possibility that death or serious physical harm in the future could result from the actual hazard created by the exposure. (Amended by Stats. 2025, Ch. 734, Sec. 2. (SB 20) Effective January 1, 2026.)
  75. 6303.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

    Verify source ↗

    This section defines “place of employment” and “employment,” including several exceptions.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6303. (a) “Place of employment” means any place, and the premises appurtenant thereto, where employment is carried on, except a place where the health and safety jurisdiction is vested by law in, and actively exercised by, any state or federal agency other than the division. (b) “Employment” includes the carrying on of any trade, enterprise, project, industry, business, occupation, or work, including all excavation, demolition, and construction work, or any process or operation in any way related thereto, in which any person is engaged or permitted to work for hire. “Employment” includes household domestic service performed on a permanent or temporary basis, but does not include any of the following: (1) Household domestic service that is publicly funded, including publicly funded household domestic service provided to a recipient, client, or beneficiary with a share of cost in that service. (2) Employment in family daycare homes, as defined in subdivision (a) of Section 1596.78 of the Health and Safety Code. (3) Individuals who, in their own residences, privately employ persons to perform for the benefit of such individuals what are commonly regarded as ordinary domestic household tasks, including housecleaning, cooking, and caregiving. (c) (1) “Employment,” for purposes of this division only, also includes volunteer firefighting when covered by Division 4 (commencing with Section 3200) pursuant to Section 3361. (2) This subdivision shall become operative on January 1, 2004. (d) (1) The changes made to this section during the 2023–24 Regular Session of the Legislature shall become operative on July 1, 2025. (2) The changes made to this section during the 2023–24 Regular Session of the Legislature do not change or otherwise modify the application of Sections 6310, 6311, and 6311.5 of this code or of Sections 3342 and 5199 of Title 8 of the California Code of Regulations. (Amended by Stats. 2024, Ch. 895, Sec. 1. (SB 1350) Effective January 1, 2025. Operative July 1, 2025, by its own provisions.)
  76. 6303.5.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

    Verify source ↗

    This section says the state’s jurisdiction over workplaces is not limited just because a federal agency is also exercising occupational safety and health jurisdiction, if federal law expressly allows concurrent state jurisdiction.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6303.5. Nothing in this division shall be construed to limit the jurisdiction of the state over any employmment or place of employment by reason of the exercise of occupational safety and health jurisdiction by any federal agency if federal jurisdiction is being exercised under a federal law which expressly authorizes concurrent state jurisdiction over occupational safety or health issues. (Added November 8, 1988, by initiative Proposition 97. Note: Prop. 97 is titled the California Occupational Safety and Health Restoration Act.)
  77. 6304.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

    Verify source ↗

    “Employer” has the same meaning as in Section 3300.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6304. “Employer” shall have the same meaning as in Section 3300. (Amended by Stats. 1971, Ch. 1751.)
  78. 6304.1.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

    Verify source ↗

    This section defines “employee” and says volunteer firefighters covered by Division 4 are included. It also says subdivision (b) becomes operative on January 1, 2004, and that the act does not affect certain claims arising between January 1, 2002 and the act’s effective date.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6304.1. (a) “Employee” means every person who is required or directed by any employer to engage in any employment or to go to work or be at any time in any place of employment. (b) “Employee” also includes volunteer firefighters covered by Division 4 (commencing with Section 3200) pursuant to Section 3361. (c) Subdivision (b) shall become operative on January 1, 2004. (d) This act does not affect claims that arose pursuant to Division 5 of this code between January 1, 2002, and the effective date of this act. (Amended by Stats. 2002, Ch. 368, Sec. 2. Effective September 5, 2002.)
  79. 6304.2.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

    Verify source ↗

    Certain state prisoners in correctional industry are treated as employees, and the Department of Corrections is treated as the employer, for this part.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6304.2. Notwithstanding Section 6413, and except as provided in Sections 6304. 3 and 6304.4, any state prisoner engaged in correctional industry, as defined by the Department of Corrections, shall be deemed to be an “employee,” and the Department of Corrections shall be deemed to be an “employer,” with regard to such prisoners for the purposes of this part. (Added by Stats. 1977, Ch. 1215.)
  80. 6304.3.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

    Verify source ↗

    This section requires correctional-industry safety committees at covered facilities and sets a complaint process for unsafe or unhealthy working conditions.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6304.3. (a) A Correctional Industry Safety Committee shall be established in accordance with Department of Corrections administrative procedures at each facility maintaining a correctional industry, as defined by the Department of Corrections. The Division of Occupational Safety and Health shall promulgate, and the Department of Corrections shall implement, regulations concerning the duties and functions which shall govern the operation of each such committee. (b) All complaints alleging unsafe or unhealthy working conditions in a correctional industry shall initially be directed to the Correctional Industry Safety Committee of the facility prison. The committee shall attempt to resolve all complaints. If a complaint is not resolved by the committee within 15 calendar days, the complaint shall be referred by the committee to the division where it shall be reviewed. When the division receives a complaint which, in its determination, constitutes a bona fide allegation of a safety or health violation, the division shall summarily investigate the same as soon as possible, but not later than three working days after receipt of a complaint charging a serious violation, as defined in Section 6309, and not later than 14 calendar days after receipt of a complaint charging a nonserious violation. (c) Except as provided in subdivision (b) and in Section 6313, the inspection or investigation of a facility maintaining a correctional industry, as defined by the Department of Corrections, shall be discretionary with the division. (d) Notwithstanding Section 6321, the division may give advance notice of an inspection or investigation and may postpone the same if such action is necessary for the maintenance of security at the facility where the inspection or investigation is to be held, or for insuring the safety and health of the division’s representative who will be conducting such inspection or investigation. (Amended by Stats. 1980, Ch. 676.)
  81. 6304.4.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

    Verify source ↗

    A prisoner engaged in correctional industry is not treated as an employee for the appeal-proceedings provisions in Chapter 7.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6304.4. A prisoner engaged in correctional industry, as defined by the Department of Corrections, shall not be considered an employee for purposes of the provisions relating to appeal proceedings set forth in Chapter 7 (commencing with Section 6600). (Amended by Stats. 1983, Ch. 142, Sec. 111.)
  82. 6304.5.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

    Verify source ↗

    This section says workplace safety laws and standards apply to proceedings against employers only for enforcing employee safety, and that citations and division employee testimony are generally limited or inadmissible in certain personal injury or wrongful death actions.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6304.5. It is the intent of the Legislature that the provisions of this division, and the occupational safety and health standards and orders promulgated under this code, are applicable to proceedings against employers for the exclusive purpose of maintaining and enforcing employee safety. Neither the issuance of, or failure to issue, a citation by the division shall have any application to, nor be considered in, nor be admissible into, evidence in any personal injury or wrongful death action, except as between an employee and his or her own employer. Sections 452 and 669 of the Evidence Code shall apply to this division and to occupational safety and health standards adopted under this division in the same manner as any other statute, ordinance, or regulation. The testimony of employees of the division shall not be admissible as expert opinion or with respect to the application of occupational safety and health standards. It is the intent of the Legislature that the amendments to this section enacted in the 1999–2000 Regular Session shall not abrogate the holding in Brock v. State of California (1978) 8l Cal.App.3d 752. (Amended by Stats. 1999, Ch. 615, Sec. 2. Effective January 1, 2000.)
  83. 6305.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

    Verify source ↗

    This section defines “occupational safety and health standards and orders” and “special order,” including when a special order may be written by the chief or the chief’s authorized representative.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6305. (a) “Occupational safety and health standards and orders” means standards and orders adopted by the standards board pursuant to Chapter 6 (commencing with Section 140) of Division 1 and general orders heretofore adopted by the Industrial Safety Board or the Industrial Accident Commission. (b) “Special order” means any order written by the chief or the chief’s authorized representative to correct an unsafe condition, device, or place of employment which poses a threat to the health or safety of an employee and which cannot be made safe under existing standards or orders of the standards board. These orders shall have the same effect as any other standard or order of the standards board, but shall apply only to the employment or place of employment described in the written order of the chief’s authorized representative. (Amended by Stats. 1981, Ch. 714, Sec. 319.)
  84. 6305.1.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

    Verify source ↗

    The labor agency chief must convene an advisory committee to create voluntary guidance and make recommendations on protecting privately funded household domestic service employees.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6305.1. (a) (1) The Chief of the Division of Occupational Safety and Health, or a representative of the chief, shall convene an advisory committee for the purposes of creating voluntary guidance and making recommendations to the Department of Industrial Relations and the Legislature on policies the state may adopt to protect the health and safety of privately funded household domestic service employees. (2) This section shall not apply to: (A) Household domestic service that is publicly funded, including publicly funded household domestic service provided to a recipient, client, or beneficiary with a share of cost in that service, unless subject to Section 3342 or 5199 of Title 8 of the California Code of Regulations. (B) Family daycare homes as defined in subdivision (a) of Section 1596.78 of the Health and Safety Code and subdivisions (d) and (f) of Section 1596.792 of the Health and Safety Code. (b) The advisory committee shall be geographically and demographically diverse, shall include an equal number of representatives of domestic workers and employers, and shall be comprised of no fewer than 13 and no more than 18 individuals. (c) The advisory committee shall include, but not be limited to, a representative from all of the following groups: (1) Domestic work employees who have worked as a housecleaner in private homes for at least five years. (2) Domestic work employees who have worked as a nanny in private homes for at least five years. (3) Domestic work employees who have worked as a caregiver or attendant in private homes for at least five years. (4) Domestic work employees who have worked as a day laborer at private homes for at least five years. “Day laborer” includes, but is not limited to, exterior maintenance workers, gardeners, and landscapers. (5) Domestic work employers who have employed housecleaners in their private homes for at least five years. (6) Domestic work employers who have employed nannies in their private homes for at least five years. (7) Domestic work employers who have employed caregivers or attendants in their private homes for at least five years. (8) Domestic work employers who have employed a day laborer at their private homes for at least five years. (9) A nonprofit organization with a minimum of five years of experience advocating for day laborers and connecting them with private household employers. (10) A nonprofit organization with a minimum of five years of experience advocating on behalf of domestic work employees. (11) A nonprofit organization with a minimum of five years of experience advocating on behalf of domestic work employers. (d) The advisory committee shall include, but not be limited to, two experts in the prevention of work-related injury and illness most commonly suffered by domestic work employees. (e) The Speaker of the Assembly and the Senate President pro Tempore may each appoint one individual to the advisory committee. (f) The advisory committee shall develop voluntary industry-specific occupational health and safety guidance for the purpose of the following: (1) Educating household domestic service employees on how, to the extent possible, they may identify and evaluate workplace hazards and prevent or minimize work-related injuries and illnesses. (2) Educating household domestic service employers on how they may create safer workplaces by identifying and evaluating workplace hazards and how to prevent or minimize work-related injuries and illnesses for their employees. (g) The advisory committee shall make recommendations, in consultation with the divisions and entities within the Department of Industrial Relations, and applicable state agencies and departments, on what additional policies may be adopted by the Department of Industrial Relations or the Legislature to protect the health and safety of household domestic service employees. In making these recommendations, the advisory group shall consider the following: (1) How to protect the privacy of individuals who employ domestic workers in their private residences in the context of future potential enforcement of health and safety standards, orders, and regulations, including applicability to household domestic service employers of the existing civil monetary penalty structure for violations. (2) Identifying and evaluating common workplace hazards specific to the industry. (3) The scope and applicability of existing regulations to the industry. (4) The need to develop industry-specific requirements. (5) How to conduct training and outreach to employers and employees in the industry. (h) The Division of Occupational Safety and Health shall release and publicly post the report of the advisory committee on its internet website and submit, in compliance with Section 9795 of the Government Code, a copy of the report to the appropriate policy committees of the Legislature no later than January 1, 2023. (Added by Stats. 2021, Ch. 332, Sec. 1. (SB 321) Effective January 1, 2022.)
  85. 6306.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

    Verify source ↗

    This section defines “safe,” “safety,” and “health” for employment, and says “safety device” and “safeguard” should be interpreted broadly.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6306. (a) “Safe,” “safety,” and “health” as applied to an employment or a place of employment mean such freedom from danger to the life, safety, or health of employees as the nature of the employment reasonably permits. (b) “Safety device” and “safeguard” shall be given a broad interpretation so as to include any practicable method of mitigating or preventing a specific danger, including the danger of exposure to potentially injurious levels of ionizing radiation or potentially injurious quantities of radioactive materials. (Repealed and added by Stats. 1973, Ch. 993.)
  86. 6307.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

    Verify source ↗

    The division has authority over all workplaces in the state to enforce safety laws and standards and to protect employees’ life, safety, and health.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6307. The division has the power, jurisdiction, and supervision over every employment and place of employment in this state, which is necessary adequately to enforce and administer all laws and lawful standards and orders, or special orders requiring such employment and place of employment to be safe, and requiring the protection of the life, safety, and health of every employee in such employment or place of employment. (Repealed and added by Stats. 1973, Ch. 993.)
  87. 6307.1.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

    Verify source ↗

    The State Department of Health Services must help enforce a Health and Safety Code section, according to a written agreement with the Department of Industrial Relations.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6307.1. The State Department of Health Services shall assist the division in the enforcement of Section 25910 of the Health and Safety Code in the manner prescribed by a written agreement between the State Department of Health Services and the Department of Industrial Relations, pursuant to Section 144. (Amended by Stats. 1980, Ch. 676.)
  88. 6308.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

    Verify source ↗

    The division may enforce workplace safety rules and require safety-related actions. An employer may request a hearing on a special order or action, and the appeals board must hold that hearing as soon as possible.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6308. The division, in enforcing occupational safety and health standards and orders and special orders may do any of the following: (a) Declare and prescribe what safety devices, safeguards, or other means or methods of protection are well adapted to render the employees of every employment and place of employment safe as required by law or lawful order. (b) Enforce Section 25910 of the Health and Safety Code and standards and orders adopted by the standards board pursuant to Chapter 6 (commencing with Section 140) of Division 1 of the Labor Code, for the installation, use, maintenance, and operation of reasonable uniform safety devices, safeguards, and other means or methods of protection, which are necessary to carry out all laws and lawful standards or special orders relative to the protection of the life and safety of employees in employments and places of employment. (c) Require the performance of any other act which the protection of the life and safety of the employees in employments and places of employment reasonably demands. An employer may request a hearing on a special order or action ordered pursuant to this section, at which the employer, owner, or any other person may appear. The appeals board shall conduct the hearing at the earliest possible time. All orders, rules, regulations, findings, and decisions of the division made or entered under this part, except special orders and action orders, may be reviewed by the Supreme Court and the courts of appeal as may be provided by law. (Amended by Stats. 1984, Ch. 1138, Sec. 1.)
  89. 6308.5.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

    Verify source ↗

    Hearings by the division must let affected employers or other affected persons submit facts or arguments, and the hearings may be informal.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6308.5. Hearings conducted by the division pursuant to this part shall give any affected employer or other affected person the opportunity to submit facts or arguments, but may be conducted informally, either orally or in writing. (Added by Stats. 1974, Ch. 1284.)
  90. 6309.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

    Verify source ↗

    The division must investigate workplace-safety complaints, keep complaint records, protect complainant confidentiality, and publish complaint/citation data.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 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, it may, on its own motion, or upon complaint, summarily investigate the employment or place of employment, 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 their 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 realistic possibility that death or serious physical harm could result from the actual hazard created by 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. 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. (b) The division shall keep complete and accurate records of all complaints, whether verbal or written, and shall inform the complainant, whenever their 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. (c) 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. (d) The division shall annually compile and release on its internet website data pertaining to complaints received and citations issued. (e) 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. However, the division shall prioritize investigations of reports of accidents involving death or serious injury or illness and complaints that allege a serious violation over investigations of complaints that allege a nonserious violation. (Amended by Stats. 2019, Ch. 200, Sec. 2. (AB 1805) Effective January 1, 2020.)
  91. 6310.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

    Verify source ↗

    This section prohibits retaliation against employees for protected safety and health activity and gives some employees reinstatement and lost-pay remedies.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6310. (a) No person shall discharge or in any manner discriminate against any employee because the employee has done any of the following: (1) Made any oral or written complaint to the division, other governmental agencies having statutory responsibility for or assisting the division with reference to employee safety or health, their employer, or their representative. (2) Instituted or caused to be instituted any proceeding under or relating to their rights or has testified or is about to testify in the proceeding or because of the exercise by the employee on behalf of themselves, or others of any rights afforded to them. (3) Participated in an occupational health and safety committee established pursuant to Section 6401.7. (4) Reported a work-related fatality, injury, or illness, requested access to occupational injury or illness reports and records that are made or maintained pursuant to Subchapter 1 (commencing with Section 14000) of Chapter 1 of Division 1 of Title 8 of the California Code of Regulations, or exercised any other rights protected by the federal Occupational Safety and Health Act (29 U.S.C. Sec. 651 et seq.), except in cases where the employee alleges they have been retaliated against because they have filed or made known their intention to file a workers’ compensation claim pursuant to Section 132a, which is under the exclusive jurisdiction of the Workers’ Compensation Appeals Board. (b) Any employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated against in the terms and conditions of employment by their employer because the employee has made a bona fide oral or written complaint to the division, other governmental agencies having statutory responsibility for or assisting the division with reference to employee safety or health, their employer, or their representative, of unsafe working conditions, or work practices, in their employment or place of employment, or has participated in an employer-employee occupational health and safety committee, shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer. Any employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure, arbitration, or hearing authorized by law, is guilty of a misdemeanor. (c) An employer, or a person acting on behalf of the employer, shall not retaliate against an employee because the employee is a family member of a person who has, or is perceived to have, engaged in any acts protected by this section. (d) For purposes of this section, “employer” or “a person acting on behalf of the employer” includes, but is not limited to, a client employer as defined in paragraph (1) of subdivision (a) of Section 2810.3 and an employer listed in subdivision (b) of Section 6400. (e) Notwithstanding Section 6303 or other law, as used in this section, “employee” includes a domestic work employee, except for a person who performs household domestic service that is publicly funded, including publicly funded household domestic service provided to a recipient, client, or beneficiary with a share of cost in that service. (Amended by Stats. 2020, Ch. 288, Sec. 1. (AB 2658) Effective January 1, 2021.)
  92. 6311.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

    Verify source ↗

    An employee who is fired or laid off after refusing unsafe work may have a wage claim for the time out of work. The section also defines “employee” to include domestic work employees, except for certain publicly funded household domestic service.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6311. No employee shall be laid off or discharged for refusing to perform work in the performance of which this code, including Section 6400, any occupational safety or health standard, or any safety order of the division or standards board will be violated, where the violation would create a real and apparent hazard to the employee or their fellow employees. Any employee who is laid off or discharged in violation of this section or is otherwise not paid because the employee refused to perform work in the performance of which this code, any occupational safety or health standard, or any safety order of the division or standards board will be violated and where the violation would create a real and apparent hazard to the employee or their fellow employees shall have a right of action for wages for the time the employee is without work as a result of the layoff or discharge. Notwithstanding Section 6303 or other law, as used in this section, “employee” includes a domestic work employee, except for a person who performs household domestic service that is publicly funded, including publicly funded household domestic service provided to a recipient, client, or beneficiary with a share of cost in that service. (Amended by Stats. 2020, Ch. 288, Sec. 2. (AB 2658) Effective January 1, 2021.)
  93. 6311.5.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

    Verify source ↗

    A person who, after being told to evacuate or leave, willfully and knowingly tells an employee to stay in or enter a closed area because of a public health or safety menace commits a misdemeanor, unless the person is covered by the stated exemption.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6311.5. (a) (1) Except as noted in paragraph (2), a person who, after receiving notice to evacuate or leave, willfully and knowingly directs an employee to remain in, or enter, an area closed due to a menace to the public health or safety as set forth in Section 409.5 of the Penal Code shall be guilty of a misdemeanor. (2) This section shall not apply to persons authorized to close an area, or to enter an area that has been closed, pursuant to subdivision (a) or (b) of Section 409.5 of the Penal Code. This exemption includes persons listed in subdivision (d) of Section 409.5 of the Penal Code. (b) Notwithstanding Section 6303 or other law, as used in this section, the term “employee” includes a person employed for household domestic service, including a person who performs household domestic service that is publicly funded, including publicly funded household domestic service provided to a recipient, client, or other beneficiary with a share of cost in that service. (Added by Stats. 2020, Ch. 288, Sec. 3. (AB 2658) Effective January 1, 2021.)
  94. 6312.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

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    An employee who believes they were discharged or otherwise discriminated against in violation of Section 6310 or 6311 may file a complaint with the Labor Commissioner.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6312. Any employee who believes that he or she has been discharged or otherwise discriminated against by any person in violation of Section 6310 or 6311 may file a complaint with the Labor Commissioner pursuant to Section 98.7. (Amended by Stats. 1985, Ch. 1479, Sec. 7.)
  95. 6313.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

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    The division must investigate certain serious or fatal workplace accidents unless it decides an investigation is unnecessary, and it may investigate other workplace accidents or occupational illnesses.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6313. (a) The division shall investigate the causes of any employment accident that is fatal to one or more employees or that results in a serious injury or illness, or a serious exposure, unless it determines that an investigation is unnecessary. If the division determines that an investigation of an accident is unnecessary, it shall summarize the facts indicating that the accident need not be investigated and the means by which the facts were determined. The division shall establish guidelines for determining the circumstances under which an investigation of these accidents and exposures is unnecessary. (b) The division may investigate the causes of any other industrial accident or occupational illness which occurs within the state in any employment or place of employment, or which directly or indirectly arises from or is connected with the maintenance or operation of the employment or place of employment, and shall issue any orders necessary to eliminate the causes and to prevent reoccurrence. The orders may not be admitted as evidence in any action for damages, or any proceeding to recover compensation, based on or arising out of injury or death caused by the accident or illness. (Amended by Stats. 2002, Ch. 885, Sec. 3. Effective January 1, 2003.)
  96. 6313.5.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

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    The division must consult with the Contractors’ State License Board and send it copies of any citations or other actions taken against a contractor.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6313.5. The division, after consultation with the Contractors’ State License Board, shall transmit to the Contractors’ State License Board copies of any citations or other actions taken by the division against a contractor as defined in the Contractors’ State License Law (Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code). (Amended by Stats. 2016, Ch. 372, Sec. 4. (SB 465) Effective January 1, 2017.)
  97. 6314.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

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    The labor agency’s chief and authorized inspectors can enter workplaces to inspect, collect related materials, issue subpoenas, and, if access is refused or justified, get an inspection warrant.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6314. (a) To make an investigation or inspection, the chief of the division and all qualified divisional inspectors and investigators authorized by him or her shall, upon presenting appropriate credentials to the employer, have free access to any place of employment to investigate and inspect during regular working hours, and at other reasonable times when necessary for the protection of safety and health, and within reasonable limits and in a reasonable manner. The chief or his or her authorized representative may, during the course of any investigation or inspection, obtain any statistics, information, or any physical materials in the possession of the employer that are directly related to the purpose of the investigation or inspection, conduct any tests necessary to the investigation or inspection, and take photographs. Photographs taken by the division during the course of any investigation or inspection shall be considered to be confidential information pursuant to the provisions of Section 6322, and shall not be deemed to be public records for purposes of the California Public Records Act. (b) If permission to investigate or inspect the place of employment is refused, or the facts or circumstances reasonably justify the failure to seek permission, the chief or his or her authorized representative may obtain an inspection warrant pursuant to the provisions of Title 13 (commencing with Section 1822.50) of the Code of Civil Procedure. Cause for the issuance of a warrant shall be deemed to exist if there has been an industrial accident, injury, or illness reported, if any complaint that violations of occupational safety and health standards exist at the place of employment has been received by the division, or if the place of employment to be inspected has been chosen on the basis of specific neutral criteria contained in a general administrative plan for the enforcement of this division. (c) The chief and his or her authorized representatives may issue subpoenas to compel the attendance of witnesses and the production of books, papers, records, and physical materials, administer oaths, examine witnesses under oath, take verification or proof of written materials, and take depositions and affidavits for the purpose of carrying out the duties of the division. (d) In the course of any investigation or inspection of an employer or place of employment by an authorized representative of the division, a representative of the employer and a representative authorized by his or her employees shall have an opportunity to accompany him or her on the tour of inspection. Any employee or employer, or their authorized representatives, shall have the right to discuss safety and health violations or safety and health problems with the inspector privately during the course of an investigation or inspection. Where there is no authorized employee representative, the chief or his or her authorized representatives shall consult with a reasonable number of employees concerning matters of health and safety of the place of employment. (e) During any investigation of an industrial accident or occupational illness conducted by the division pursuant to the provisions of Section 6313, the chief or his or her authorized representative may issue an order to preserve physical materials or the accident site as they were at the time the accident or illness occurred if, in the opinion of the division, it is necessary to do so in order to determine the cause or causes of the accident or illness, and the evidence is in potential danger of being removed, altered, or tampered with. Under these circumstances, the division shall issue that order in a manner that will avoid, to the extent possible, any interference with normal business operations. A conspicuous notice that an order has been issued shall be prepared by the division and shall be posted by the employer in the area or on the article to be preserved. The order shall be limited to the immediate area and the machines, devices, apparatus, or equipment directly associated with the accident or illness. Any person who knowingly violates an order issued by the division pursuant to this subdivision shall, upon conviction, be punished by a fine of not more than five thousand dollars ($5,000). (Amended by Stats. 1993, Ch. 998, Sec. 1. Effective January 1, 1994.)
  98. 6314.1.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

    Verify source ↗

    The division must run a targeted inspection program for high-hazard employers and manage inspections, regional plans, and staffing for that program.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6314.1. (a) The division shall establish a program for targeting employers in high hazardous industries with the highest incidence of preventable occupational injuries and illnesses and workers’ compensation losses. The employers shall be identified from any or all of the following data sources: the California Work Injury and Illness program, the Occupational Injuries and Illness Survey, the federal hazardous employers’ list, experience modification and other relevant data maintained and furnished by all rating organizations as defined in Section 11750.1 of the Insurance Code, histories of violations of Occupational Safety and Health Act standards, and any other source deemed to be appropriate that identifies injury and illness rates. (b) The division shall establish procedures for ensuring that the highest hazardous employers in the most hazardous industries are inspected on a priority basis. The division may send a letter to the high hazard employers who are identified pursuant to this section informing them of their status and directing them to submit a plan, including the establishment of joint labor-management health and safety committees, within a time determined by the division for reducing their occupational injury and illness rates. Employers who submit plans that meet the requirements of the division may be placed on a secondary inspection schedule. Employers on that schedule shall be inspected on a random basis as determined by the division. Employers who do not submit plans meeting the requirements of the division within the time specified by the division shall be placed on the primary inspection list. Every employer on the primary inspection list shall be subject to an inspection. The division shall employ sufficient personnel to meet minimum federal targeted inspection standards. (c) The division shall establish and maintain regional plans for allocating the division’s resources for the targeted inspection program in addition to the inspections required or authorized in Sections 6309, 6313, and 6320. Each regional plan shall focus on industries selected from the targeted inspection program as well as any other scheduled inspections that the division determines to be appropriate to the region, including the cleanup of hazardous waste sites. All targeted inspections shall be conducted on a priority basis, targeting the worst employers first. (d) In order to maximize the impact of the regional plans, the division shall coordinate its education, training, and consulting services with the priorities established in the regional plans. (Repealed and added by Stats. 1993, Ch. 121, Sec. 68. Effective July 16, 1993.)
  99. 6314.5.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

    Verify source ↗

    The division must include an injury prevention program review in inspections and notify the employer about available assistance before finishing the inspection.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6314.5. (a) Every inspection conducted by the division shall include an evaluation of the employer’s injury prevention program established pursuant to Section 6401.7. The division shall evaluate injury prevention programs using the criteria for substantial compliance determined by the standards board. The evaluation shall include interviews with a sample of employees and the members of any employer-employee occupational safety and health committee. In any inspection which includes work for which a permit is required pursuant to Section 6500 and for which a permit has been issued pursuant to Section 6502, the evaluation of the employer’s injury prevention program shall be limited to the implementation of the plan approved by the division in the issuance of the permit. Before any inspection is concluded, the division shall notify the employer of the services available from the department to assist the employer to establish, maintain, improve, and evaluate the employer’s injury prevention program. (b) Inspections also shall include an evaluation of the following: (1) The condition or conditions alleged in the complaint if the inspection is conducted pursuant to Section 6309. (2) The condition or conditions involved in the accident if the inspection is conducted pursuant to Section 6313. (3) The condition or conditions involving work for which a permit is required pursuant to Section 6500, for which notification of asbestos related work is required pursuant to Section 6501.5, or for which a report of use of a carcinogen is required pursuant to Section 9030. (4) The condition or conditions related to significant safety or health hazards in the industries identified in the regional plans developed pursuant to Section 6314.1. (5) The condition or conditions involved in abatement of previous violations, special orders, or action orders if the inspection is conducted pursuant to Section 6320. (c) The scope of any inspection may be expanded beyond the evaluations specified in subdivisions (a) and (b) whenever, in the opinion of the division, a more complete inspection is warranted. (Added by Stats. 1989, Ch. 1369, Sec. 5. Effective October 2, 1989.)
  100. 6315.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

    Verify source ↗

    This section creates a Bureau of Investigations and gives it investigation, review, evidence-collection, service, and referral duties.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6315. (a) There is within the division a Bureau of Investigations. The bureau is responsible for directing accident investigations involving violations of standards, orders, special orders, or Section 25910 of the Health and Safety Code, in which there is a serious injury to five or more employees, death, or request for prosecution by a division representative. The bureau shall review inspection reports involving a serious violation where there have been serious injuries to one to four employees or a serious exposure, and may investigate those cases in which the bureau finds criminal violations may have occurred. The bureau is responsible for preparing cases for the purpose of prosecution, including evidence and findings. (b) The division shall provide the bureau with all of the following: (1) All initial accident reports. (2) The division’s inspection report for any inspection involving a serious violation where there is a fatality, and the reports necessary for the bureau’s review required pursuant to subdivision (a). (3) Any other documents in the possession of the division requested by the bureau for its review or investigation of any case or which the division determines will be helpful to the bureau in its investigation of the case. (c) The supervisor of the bureau is the administrative chief of the bureau, and shall be an attorney. (d) The bureau shall be staffed by as many attorneys and investigators as are necessary to carry out the purposes of this chapter. To the extent possible, the attorneys and investigators shall be experienced in criminal law. (e) The supervisor of the bureau and bureau representatives designated by the supervisor have a right of access to all places of employment necessary to the investigation, may collect any evidence or samples they deem necessary to an investigation, and have all of the powers enumerated in Section 6314. (f) The supervisor of the bureau and bureau representatives designated by the supervisor may serve all processes and notices throughout the state. (g) In any case where the bureau is required to conduct an investigation, and in which there is a serious injury or death, the results of the investigation shall be referred in a timely manner by the bureau to the appropriate prosecuting authority having jurisdiction for appropriate action, unless the bureau determines that there is legally insufficient evidence of a violation of the law. If the bureau determines that there is legally insufficient evidence of a violation of the law, the bureau shall notify the appropriate prosecuting authority, if the prosecuting authority requests notice. (h) The bureau may communicate with the appropriate prosecuting authority at any time the bureau deems appropriate. (i) Upon the request of a county district attorney, the department may develop a protocol for the referral of cases that may involve criminal conduct to the appropriate prosecuting authority in lieu of or in cooperation with an investigation by the bureau. The protocol shall provide for the voluntary acceptance of referrals after a review of the case by the prosecuting authority. In cases accepted for investigation by the prosecuting authority, the protocol shall provide for cooperation between the prosecuting authority, the division, and the bureau. Where a referral is declined by the prosecuting authority, the bureau shall comply with subdivisions (a) to (h), inclusive. (Amended by Stats. 2003, Ch. 884, Sec. 7. Effective January 1, 2004.)
  101. 6315.3.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

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    The bureau must submit an annual report by February 15 to the division for transmission to the director.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6315.3. The bureau shall, not later than February 15, annually submit to the division for submission to the director a report on the activities of the bureau, including, but not limited to, the following: (a) Totals of each type of report provided the bureau under each category in subdivision (b) of Section 6315. (b) Totals of each type of case reflecting the number of investigations and court cases in progress at the start of the calendar year being reported, investigations completed in the calendar year, cases referred to appropriate prosecuting authorities in the calendar year, and investigations and court cases in progress at the end of the calendar year. The types of cases shall include the following: (1) Those that the bureau is required to investigate, divided into fatalities, serious injuries to five or more employees, and requests for prosecution from a division representative. (2) Those that were initiated by the bureau following the review required in subdivision (a) of Section 6315, divided into serious injuries to fewer than five employees and serious exposures. (c) A summary of the dispositions in the calendar year of cases referred by the bureau to appropriate prosecuting authorities. The summary shall be divided into the types of cases, as described in subdivision (b), and shall show at least the violation, the statute for which the case was referred for prosecution, and the dates of referral to the bureau for investigation, referral from the bureau for prosecution, and the final court action if the case was prosecuted. (d) A summary of investigations completed in the calendar year that did not result in a referral for prosecution, divided into the types of cases as described in subdivision (b), showing the violation and the reasons for nonreferral. (e) A summary of the use of the bureau’s resources in accomplishing the bureau’s mission. (Amended by Stats. 2006, Ch. 538, Sec. 493. Effective January 1, 2007.)
  102. 6315.5.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

    Verify source ↗

    Certain occupational safety and health standards and orders may be used as evidence in prosecutions under this part, and they are presumed reasonable and lawful unless a hearing on a special order is started or a petition is filed under Government Code Section 11426 before the prosecution begins.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6315.5. All occupational safety and health standards and orders, rules, regulations, findings, and decisions of the division made and entered pursuant to this part are admissible as evidence in any prosecution for the violation of any provision of this part, and shall, in every such prosecution, be presumed to be reasonable and lawful and to fix a reasonable and proper standard and requirement of safety unless, prior to the institution of the prosecution for such violation, proceedings for a hearing on a special order are instituted, or a petition is filed under Section 11426 of the Government Code. (Added by Stats. 1973, Ch. 993.)
  103. 6316.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

    Verify source ↗

    This section preserves local governing bodies’ power or jurisdiction over places of employment, except where limited by Chapter 6 of Division 1.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6316. Except as limited by Chapter 6 (commencing with Section 140) of Division 1, nothing in this part shall deprive the governing body of any county, city, or public corporation, board, or department, of any power or jurisdiction over or relative to any place of employment. (Repealed and added by Stats. 1973, Ch. 993.)
  104. 6317.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

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    The division must issue a written citation when it believes an employer violated specified safety laws or regulations, and the citation must describe the violation and set a reasonable abatement time.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6317. (a) If, upon inspection or investigation, the division believes that an employer has violated Section 25910 of the Health and Safety Code, any standard, rule, order, or regulation established pursuant to Chapter 6 (commencing with Section 140) of Division 1 of the Labor Code, or any standard, rule, order, or regulation established pursuant to this part, it shall with reasonable promptness issue a citation to the employer. 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. (b) (1) If an employer has multiple worksites and either of the following is true, there shall be a rebuttable presumption that a violation is enterprise-wide: (A) The employer has a written policy or procedure that violates Section 25910 of the Health and Safety Code, 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 established pursuant to this division. Such a written policy or procedure shall not form the basis for an enterprise-wide citation if it violates an emergency regulation adopted or amended within the last 30 days, commencing from the date of the vote of the standards board to adopt or amend the emergency regulation. (B) The division has evidence of a pattern or practice of the same violation or violations committed by that employer involving more than one of the employer’s worksites. (2) If the employer fails to rebut a presumption raised pursuant to paragraph (1), the division may issue an enterprise-wide citation requiring enterprise-wide abatement. (3) Abatement pending appeal of an enterprise-wide citation shall be stayed only as permitted by Section 362 of Title 8 of the California Code of Regulations, as that regulation existed as of January 1, 2021. (4) This subdivision shall not apply to the Department of Corrections and Rehabilitation, the California Correctional Health Care Services, or the State Department of State Hospitals. (c) (1) A “notice” in lieu of citation may be issued with respect to violations found in an inspection or investigation which 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. 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 their signature on the notice. (2) A notice shall not be issued in lieu of a citation if either of the following are true: (A) The violations are serious, repeated, willful, or arise from a failure to abate. (B) The number of first instance violations found in the inspection, other than serious, willful, or repeated violations, is 10 or more violations. (3) The director shall prescribe guidelines for the issuance of these notices. (d) The division may impose a civil penalty against an employer as specified in Chapter 4 (commencing with Section 6423) of this part. (e) (1) A citation or notice shall not be issued by the division more than six months after the occurrence of the violation. For purposes of issuing a citation or notice for a violation of subdivision (b) or (c) of Section 6410, including any implementing related regulations, an “occurrence” continues until it is corrected, or the division discovers the violation, or the duty to comply with the violated requirement ceases to exist. Nothing in this subdivision is intended to alter the meaning of the term “occurrence” for violations of health and safety standards other than the recordkeeping requirements set forth in subdivision (b) or (c) of Section 6410, including any implementing related regulations. (2) The director shall prescribe procedures for the issuance of a citation or notice. (f) The division shall prepare and maintain records capable of supplying an inspector with previous citations and notices issued to an employer. (Amended by Stats. 2021, Ch. 336, Sec. 1. (SB 606) Effective January 1, 2022.)
  105. 6317.5.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

    Verify source ↗

    If the division finds an employer falsified certain workplace or employee materials related to the California Occupational Safety and Health Act, it must issue a citation, and the citation must be prominently posted.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6317.5. (a) If, upon inspection or investigation, the division finds that an employer has falsified any materials posted in the workplace or distributed to employees related to the California Occupational Safety and Health Act, the division shall issue a citation to the employer. (b) Each citation issued pursuant to this section, or a copy or copies thereof, shall be prominently posted, as prescribed in regulations issued by the director. (c) Any employer served with a citation pursuant to subdivision (a) may appeal to the appeals board pursuant to the provisions of Chapter 7 (commencing with Section 6600). The appeal shall be subject to the timeframes and procedures set forth in that chapter. (d) The provisions of this section are in addition to, and not in lieu of, all other criminal penalties and civil remedies that may be applicable to any act leading to issuance of a citation pursuant to this section. (Added by Stats. 1993, Ch. 580, Sec. 2. Effective January 1, 1994.)
  106. 6317.7.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

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    If an inspection or investigation finds no violations, the division must promptly give the employer a written notice listing the areas inspected and saying no violations were found. The director must prescribe procedures for issuing the notice.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6317.7. If, upon inspection or investigation, the division finds no violations pursuant to this chapter, the division with reasonable promptness shall issue a written notice to the employer specifying the areas inspected and stating that no violations were found. The director shall prescribe procedures for the issuance of this notice. (Added by Stats. 1993, Ch. 580, Sec. 3. Effective January 1, 1994.)
  107. 6317.8.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

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    If the division believes an employer willfully and egregiously violated a workplace safety rule, it must issue a citation for each egregious violation.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6317.8. (a) Notwithstanding any other law, if, upon inspection or investigation, the division believes that an employer has willfully and egregiously violated an occupational safety or health standard, order, special order, or regulation, the division, with reasonable promptness, shall issue a citation to that employer for each egregious violation, and each instance of an employee exposed to that violation shall be considered a separate violation for purposes of the issuance of fines and penalties. (b) For the purposes of this section, a violation is an “egregious violation” if one or more of the following is true about that employer or the willful violations committed by it: (1) The employer, intentionally, through conscious, voluntary action or inaction, made no reasonable effort to eliminate the known violation. (2) The violations resulted in worker fatalities, a worksite catastrophe, or a large number of injuries or illnesses. For purposes of this paragraph, “catastrophe” means the inpatient hospitalization, regardless of duration, of three or more employees resulting from an injury, illness, or exposure caused by a workplace hazard or condition. (3) The violations resulted in persistently high rates of worker injuries or illnesses. (4) The employer has an extensive history of prior violations of this part. (5) The employer has intentionally disregarded their health and safety responsibilities. (6) The employer’s conduct, taken as a whole, amounts to clear bad faith in the performance of their duties under this part. (7) The employer has committed a large number of violations so as to undermine significantly the effectiveness of any safety and health program that may be in place. (c) The conduct underlying a violation determined to be egregious shall have occurred within the five years preceding a citation for an egregious violation. Once a violation is determined to be egregious, that determination shall remain in effect for only five years. After that five-year period has elapsed, additional evidence as described in subdivision (b) shall be required to support any subsequent citation for an egregious violation. (d) Notwithstanding subdivision (a), each employee exposed to a violation described in subdivision (a) shall not be considered a separate violation for purposes of a questionnaire described by Section 20101 of the Public Contract Code. (e) This section shall not apply to the Department of Corrections and Rehabilitation, the California Correctional Health Care Services, or the State Department of State Hospitals. (Added by Stats. 2021, Ch. 336, Sec. 2. (SB 606) Effective January 1, 2022.)
  108. 6317.9.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

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    The division may issue and enforce subpoenas in investigations when an employer or related employer entity does not promptly provide requested information.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6317.9. In the investigation of the policies and practices of an employer or a related employer entity, the division may issue a subpoena if the employer or the related employer entity fails to promptly provide the requested information, and may enforce the subpoena if the employer or the related employer entity fails to provide the requested information within a reasonable period of time. (Added by Stats. 2021, Ch. 336, Sec. 3. (SB 606) Effective January 1, 2022.)
  109. 6318.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

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    Employers must post required workplace safety notices, keep them posted for at least three working days or until the unsafe condition is abated, and also post a division-prepared employee notification when required. The division must provide the notification in English and specified non-English languages and enforce the section through citations and civil penalties.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6318. (a) Each citation issued under Section 6317, and each special order or action ordered pursuant to Section 6308, or a copy or copies thereof, shall be prominently posted, as prescribed in regulations issued by the director, at or near each place a violation referred to in the citation or order occurred. All postings shall be maintained for three working days, or until the unsafe condition is abated, whichever is longer. Following each investigation of an industrial accident or occupational illness, if no violations are found, the employer shall post a notice prepared by the division so indicating for three working days. (b) When the division verifies abatement of a serious violation or an order at the time of inspection or upon reinspection, the employer shall post a notice prepared by the division so indicating for three working days. In all other cases of abatement of serious violations, the employer shall post the signed statement confirming abatement prepared pursuant to Section 6320. (c) When a citation or special order or action is required to be posted pursuant to subdivision (a), the employer shall also post an employee notification prepared by the division. This employee notification shall contain, at a minimum, all of the following: (1) Notice that the division investigated the workplace and found one or more workplace safety or health violations. (2) Notice that the investigation resulted in one or more citations or orders, which the employer is required to post at or near the place of the violation for three working days, or until the unsafe condition is corrected, whichever is longer. (3) Notice that the employer is required to communicate any hazards at the workplace to employees in a language and manner they understand. (4) Contact information for the division and the internet website where employees can search for citations against their employer. (d) The notification required by subdivision (c) shall be prominently posted by the employer at or near each place a violation referred to in the citation or order occurred. All postings shall be maintained for three working days, or until the unsafe condition is abated, whichever is longer. (e) In addition to English, the employee notification required by subdivision (c) shall be made available by the division in the top seven non-English languages used by limited-English-proficient adults in California, as determined by the most recent American Community Survey by the United States Census Bureau. If Punjabi is not included among these languages, the division shall also make the employee notification available in Punjabi. The division may periodically review, evaluate, and add to the list of languages based on additional data sources, including, but not limited to, information generated by state and local government agencies, feedback from community-based organizations, labor organizations, and the division’s own data tracking measures. (f) The division shall enforce this section by issuing a citation alleging a violation of this section and a notice of civil penalty in a manner consistent with Section 6317. Any person who receives a citation and penalty may appeal the citation and penalty to the appeals board in a manner consistent with Section 6319. (g) This section does not preclude the division from promulgating additional posting requirements or other notifications to employees. (Amended by Stats. 2022, Ch. 485, Sec. 2. (AB 2068) Effective January 1, 2023.)
  110. 6319.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

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    This section sets appeal deadlines for employers, requires the division and director to give certain notices and make regulations, and limits civil-penalty liability in one consulting-services situation.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6319. (a) If, after an inspection or investigation, the division issues a citation pursuant to Section 6317 or an order pursuant to Section 6308, it shall, within a reasonable time after the termination of the inspection or investigation, notify the employer by certified mail of the citation or order, and that the employer has 15 working days from receipt of the notice within which to notify the appeals board that he or she wishes to contest the citation or order for any reason set forth in Section 6600 or 6600.5. (b) An employer served by certified mail with a notice of civil penalty may appeal to the appeals board within 15 working days from receipt of that notice for any reason set forth in Section 6600. If the citation is issued for a violation involving the condition or operation of any machine, device, apparatus, or equipment, and a person other than the employer is obligated to the employer to repair the machine, device, apparatus, or equipment and to pay any penalties assessed against the employer, the other person may appeal to the appeals board within 15 working days of the receipt of the citation by the employer for any reasons set forth in Section 6600. (c) The director shall promulgate regulations covering the assessment of civil penalties under this chapter which give due consideration to the appropriateness of the penalty with respect to the following factors: (1) The size of the business of the employer being charged. (2) The gravity of the violation. (3) The good faith of the employer, including timely abatement. (4) The history of previous violations. (d) Notwithstanding subdivision (c), if serious injury, illness, exposure, or death is caused by a serious, willful, or repeated violation, or by a failure to correct a serious violation within the time permitted for its correction, the penalty shall not be reduced for a reason other than the size of the business of the employer being charged. Whenever the division issues a citation for a violation covered by this subdivision, it shall notify the employer of its determination that serious injury, illness, exposure or death was caused by the violation and shall, upon request, provide the employer with a copy of the inspection report. (e) The employer is not liable for a civil penalty under this part for any citation issued by a division representative providing consulting services pursuant to Sections 6354 and 6355. (f) Whenever a citation of a self-insured employer for a willful or repeat serious violation of the standard adopted pursuant to Section 6401.7 becomes final, the division shall notify the director so that a hearing may be held to determine whether good cause exists to revoke the employer’s certificate of consent to self-insure as provided in Section 3702. (g) Based upon the evidence, the division may propose appropriate modifications concerning the characterization of violations and corresponding modifications to civil penalties as a result thereof. For serious violations, the division shall not grant a proposed modification to civil penalties for abatement or credit for abatement unless the employer has done any of the following: (1) Abated the violation at the time of the initial inspection. (2) Abated the violation at the time of a subsequent inspection prior to the issuance of a citation. (3) Submitted a signed statement under penalty of perjury and supporting evidence, when necessary to prove abatement, in accordance with subdivision (b) of Section 6320. (Amended by Stats. 2015, Ch. 303, Sec. 379. (AB 731) Effective January 1, 2016.)
  111. 6319.3.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

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    For one year after a new employer starts business in the state, civil penalties generally cannot be assessed for violations of the relevant safety standard, if the employer made a good-faith effort to comply.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6319.3. (a) Except as provided in subdivision (b) of this section and subdivision (j) of Section 6401.7, no civil penalty shall be assessed against any new employer in the state for a violation of any standard developed pursuant to subdivision (a) of Section 6401.7 for a period of one year after the date the new employer establishes a business in the state. (b) Subdivision (a) shall only apply to an employer who has made a good faith effort to comply with any standard developed pursuant to subdivision (a) of Section 6401.7, but shall not apply if the employer is found to have committed a serious, willful, or repeated violation of that standard, or fails to abate the violation and is assessed a penalty pursuant to Section 6430. (Added by Stats. 1993, Ch. 928, Sec. 1. Effective January 1, 1994.)
  112. 6319.5.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

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    If an employer shows a good-faith effort to comply and abatement was delayed for reasons beyond the employer’s control, the division must hold a hearing and issue an order affirming or changing the citation’s abatement requirements.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6319.5. Upon a showing by an employer of a good-faith effort to comply with the abatement requirement of a citation, and that abatement has not been completed because of factors beyond his reasonable control, the division, after an opportunity for a hearing, shall issue an order affirming or modifying the abatement requirements in such citation. (Added by Stats. 1973, Ch. 993.)
  113. 6320.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

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    The division must reinspect certain serious violations and may require the employer to submit a signed abatement statement; missing proof can lead to an additional civil penalty.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6320. (a) If, after inspection or investigation, the division issues a special order, order to take special action, or a citation for a serious violation, and if at the time of inspection the order is not complied with or the violation is not abated, the division shall conduct a reinspection in the following cases: (1) All inspections or investigations involving a serious violation of a standard adopted pursuant to Section 6401.7, a special order or order to take special action, serious violations of those orders, and serious violations characterized as repeat or willful or with abatement periods of less than six days. These reinspections shall be conducted at the end of the period fixed for compliance with the order or abatement of the violation or within 30 days thereafter. (2) At least 20 percent of the inspections or investigations involving a serious violation not otherwise scheduled for reinspection. These inspections shall be randomly selected and shall be conducted at the end of the period fixed for abatement of the violation or within a reasonable time thereafter. (b) Whenever a serious violation is not abated at the time of the initial or subsequent inspection, the division shall require the employer to submit a signed statement, with supporting evidence, where necessary to prove abatement, under penalty of perjury, that he or she has complied with the abatement terms within the period fixed for abatement of the violation. The division may grant a modification pursuant to subdivision (g) of Section 6319 only if the employer has abated the violation at the time of the initial or subsequent inspection or the statement, signed under penalty of perjury, and supporting evidence are received within 10 working days after the end of the period fixed for abatement. At no time shall the period for abatement be fixed prior to the issuance of a citation. The submission of a signed abatement statement shall not be considered as evidence of a violation during an appeal. The division shall include on the initial notice of civil penalty a clear warning of reinspection for failure to submit the required statement in the time allotted, and of an additional, potentially substantial monetary penalty for failure to abate the violation. If the division fails to receive evidence of abatement or the statement within 10 working days after the end of the abatement period, the division shall notify the employer that the additional civil penalty for failure to abate, as provided in Section 6430, will be assessed retroactive to the end of the abatement period unless the employer can provide sufficient evidence that the violation was abated prior to that date. The division shall conduct a reinspection of serious violations within 45 days following the end of the abatement period whenever it still has no evidence of abatement. (Amended by Stats. 2014, Ch. 497, Sec. 2. (AB 1634) Effective January 1, 2015.)
  114. 6321.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

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    Advance warning of inspections or investigations is generally forbidden unless the chief or authorized representatives permit it.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6321. No person or employer shall be given advance warning of an inspection or investigation by any authorized representative of the division unless authorized under provisions of this part. Only the chief or, in the case of his absence, his authorized representatives shall have the authority to permit advance notice of an inspection or investigation. The director shall, as soon as practicable, set down limitations under which an employer may be granted advance notice by the chief. In no case, except an imminent danger to the health or safety of an employee or employees, is advance notice to be authorized when the investigation or inspection is to be made as a result of an employee complaint. Any person who gives advance notice of any inspection to be conducted, without authority from the chief or his designees, is guilty of a misdemeanor and shall, upon conviction, be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than six months, or by both. (Repealed and added by Stats. 1973, Ch. 993.)
  115. 6322.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

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    Information about inspections or division proceedings that could reveal trade secrets or other confidential information must be kept confidential, with limited internal and proceeding-related disclosure exceptions.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6322. All information reported to or otherwise obtained by the chief or representatives of the chief in connection with any inspection or proceeding of the division that contains or that might reveal a trade secret referred to in Section 1905 of Title 18 of the United States Code, or other information that is confidential pursuant to Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code, shall be considered confidential, except that this information may be disclosed to other officers or employees of the division concerned with carrying out the purposes of the division or when relevant in any proceeding of the division. The appeals board, standards board, the courts, or the director shall in that type of proceeding issue orders as may be appropriate to protect the confidentiality of trade secrets. Violation of this section is a misdemeanor. (Amended by Stats. 2021, Ch. 615, Sec. 325. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  116. 6323.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

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    If workplace conditions are seriously dangerous, the division may ask the superior court for an injunction to stop use or operation until the problem is corrected.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6323. If the division has grounds to issue a citation pursuant to Section 6317, or if the condition of any employment or place of employment or the operation of any machine, device, apparatus, or equipment constitutes a serious menace to the lives or safety of persons about it, the division may apply to the superior court of the county in which such place of employment, machine, device, apparatus, or equipment is situated, for an injunction restraining the use or operation thereof until such condition is corrected. (Amended by Stats. 2021, Ch. 336, Sec. 4. (SB 606) Effective January 1, 2022.)
  117. 6324.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

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    A court may immediately grant a temporary restraining order if the required affidavit and supporting copy of the applicable statute, order, or standard show a qualifying safety violation and a danger to workers’ life or safety. The division does not have to post a bond to get a restraining order.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6324. The application to the superior court accompanied by affidavit showing that the division has grounds to issue a citation pursuant to Section 6317 or a place of employment, machine, device, apparatus, or equipment is being operated in violation of a safety order or standard or in violation of Section 25910 of the Health and Safety Code, that the use or operation constitutes a menace to the life or safety of any person employed thereabout, and accompanied by a copy of the statute, order, or standard applicable thereto is a sufficient prima facie showing to warrant, in the discretion of the court, the immediate granting of a temporary restraining order. A bond shall not be required from the division as a prerequisite to the granting of any restraining order. (Amended by Stats. 2021, Ch. 336, Sec. 5. (SB 606) Effective January 1, 2022.)
  118. 6325.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

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    If the division finds an imminent hazard at a workplace or equipment, it must prohibit entry or use in the hazardous area and post a conspicuous notice.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6325. (a) When, in the opinion of the division, a place of employment, machine, device, apparatus, or equipment or any part thereof is in a dangerous condition, is not properly guarded or is dangerously placed so as to constitute an imminent hazard to employees, entry therein, or the use thereof, as the case may be, shall be prohibited by the division, and a conspicuous notice to that effect shall be attached thereto. Such prohibition of use shall be limited to the immediate area in which the imminent hazard exists, and the division shall not prohibit any entry in or use of a place of employment, machine, device, apparatus, or equipment, or any part thereof, which is outside such area of imminent hazard. Such notice shall not be removed except by an authorized representative of the division, nor until the place of employment, machine, device, apparatus, or equipment is made safe and the required safeguards or safety appliances or devices are provided. This section shall not prevent the entry or use with the division’s knowledge and permission for the sole purpose of eliminating the dangerous conditions. (b) This section shall become operative on January 1, 2024. (Amended (as added by Stats. 2020, Ch. 84, Sec. 3) by Stats. 2022, Ch. 799, Sec. 2. (AB 2693) Effective January 1, 2023. Section operative January 1, 2024, by its own provisions.)
  119. 6325.5.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

    Verify source ↗

    The division may issue an order prohibiting use of a workplace if it has reasonable cause to believe the workplace contains friable asbestos and employee protection is inadequate.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6325.5. If the division has reasonable cause to believe that any workplace contains friable asbestos, and if there appears to be inadequate protection for employees at that workplace to the hazards from airborne asbestos fibers, the division may issue an order prohibiting use. (Added by Stats. 1985, Ch. 1587, Sec. 7.4. Effective October 2, 1985.)
  120. 6326.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

    Verify source ↗

    A person must not enter, use, or operate a posted workplace or equipment before it has been made safe, and must not deface, destroy, or remove the notice without the division’s authority.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6326. Every person who, after such notice is attached as provided in Section 6325, enters any such place of employment, or uses or operates any such place of employment, machine, device, apparatus, or equipment before it is made safe and the required safeguards or safety appliances or devices are provided, or who defaces, destroys or removes any such notice without the authority of the division, is guilty of a misdemeanor punishable by a fine of up to one thousand dollars ($1,000), or up to one year in the county jail, or both. (Added by Stats. 1973, Ch. 993.)
  121. 6327.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

    Verify source ↗

    If the division’s authorized representative has barred entry or use of a workplace or equipment under Section 6325, the employer may contest the order and the division must hold a hearing within 24 hours after the employer asks for one.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6327. Once an authorized representative of the division has prohibited entry in or use of a place of employment, machine, device, apparatus, or equipment, as specified in Section 6325, the employer may contest the order and shall be granted, upon request, a hearing by the division to review the validity of the representative’s order. The hearing shall be held within 24 hours following the employer’s request. (Repealed and added by Stats. 1986, Ch. 1178, Sec. 2.)
  122. 6327.5.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

    Verify source ↗

    If the division fails to act against dangerous workplace conditions, injured employees or their representatives may sue the chief of the division for a writ of mandate to force action.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6327.5. If the division arbitrarily or capriciously fails to take action to prevent or prohibit any conditions or practices in any employment or place of employment which are such that danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through other available means, any employee who may be injured by reason of such failure, or the representatives of such employees, may bring an action against the chief of the division in any appropriate court for a writ of mandate to compel the division to prevent or prohibit the condition. Nothing contained in this section shall be deemed to prevent the bringing of a writ of mandate against any appropriate person or entity as may be provided by law. (Added by Stats. 1973, Ch. 993.)
  123. 6328.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

    Verify source ↗

    The division must prepare and distribute a workplace safety notice, and employers must post notices as required by division regulations.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6328. The division shall prepare a notice containing pertinent information regarding safety rules and regulations. The notice shall contain the address and telephone number of the nearest division office; a clear explanation of an employee’s right to report any unsafe working conditions; the right to request a safety inspection by the division for unsafe conditions; the right to refuse to work under conditions which endanger his life or health; the right to receive information under the Hazardous Substances Information and Training Act (Ch. 2.5 (commencing with Section 6360)); posting and notice requirements of employers and the division; and any other information the division deems necessary. It shall be supplied to employers as soon as practical. The division shall promulgate regulations on the content and the required location and number of notices which must be posted by employers. Sufficient posters in both English and Spanish shall be printed to supply employers in this state. (Amended by Stats. 1984, Ch. 507, Sec. 1.)
  124. 6329.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

    Verify source ↗

    Money collected under this division must be paid into the state treasury for the General Fund, and the Department of Industrial Relations must account for the money to the Department of Finance and the State Controller and provide vouchers.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6329. All money collected for violation of standards, orders, or special orders of, or for fees paid pursuant to this division shall be paid into the state treasury to the credit of the General Fund. The Department of Industrial Relations shall account to the Department of Finance and the State Controller for all moneys so received and furnish proper vouchers therefor. (Added by Stats. 1973, Ch. 993.)
  125. 6330.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

    Verify source ↗

    The director must prepare and submit an annual report on division activities by March 1.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6330. The director shall prepare and submit to the Legislature, not later than March 1, an annual report on the division activities. The report shall include, but need not be limited to, the following information for the previous calendar year: (a) The amount of funds allocated and spent in enforcement, education and research, and administration by the division. (b) Total inspections made, and citations issued by the division. (c) The number of civil penalties assessed, total amount of fines collected and the number of appeals heard. (d) The number of contractors referred to the Contractor’s State License Board for hearing, pursuant to Section 7109.5 of the Business and Professions Code, and the total number of these cases resulting in suspension or revocation of a license. (e) The report from the division prepared by the Bureau of Investigations for submission to the director pursuant to Section 6315.3. (f) Recommendations for legislation which improves the ability of the division to provide safety in places of employment. The report shall be made to the Speaker of the Assembly and the Chairman of the Rules Committee of the Senate, for assignment to the appropriate committee or committees for evaluation. (Amended by Stats. 1984, Ch. 1317, Sec. 8.)
  126. 6331.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

    Verify source ↗

    The division must contract for tests to develop safety standards for certain breathing apparatus used in interior structural fires.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6331. The division shall enter into a contract for the development and execution of tests to define safety standards for the use of positive pressure, closed circuit, breathing apparatus in interior structural fires. The testing shall define numerically what constitutes positive pressure in breathing apparatus. The testing shall also address the issues of the heat of the oxygen coming into the mask, the condensation inside the mask, the possibility of, and effect of, moisture condensation in the lungs of the wearer of the mask, and the risks associated with a dislodgement of the mask in an interior structural fire situation. The development of these tests shall utilize the resources of recognized specialists in fire research to design, conduct, and execute the tests and develop the standards. The standards board shall adopt or revise safety standards based on the results of these tests. The test parameters, the location where the testing will take place, and the level of expertise required shall be determined by the Cal-OSHA Self Contained Breathing Apparatus Advisory Committee. (Added by Stats. 1984, Ch. 1571, Sec. 1.)
  127. 6332.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

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    Every employer must keep a record of violence against a community health care worker and file a copy with the department as required by that department.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 1. Jurisdiction and Duties [6300 - 6332] ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. ) ## 6332. (a) For purposes of this section, the following terms have the following meanings: (1) “Community health care worker” means an individual who provides health care or health care-related services to clients in home settings. (2) “Employer” means a person or entity that employs a community health care worker. “Employer” does not include an individual who is a recipient of home-based services and who is responsible for hiring his or her own community health care worker. (3) “Violence” means a physical assault or a threat of a physical assault. (b) Every employer shall keep a record of any violence committed against a community health care worker and shall file a copy of that record with the department in the form and detail and within the time limits prescribed by the department. (Amended by Stats. 2012, Ch. 46, Sec. 107. (SB 1038) Effective June 27, 2012.)
  128. 6350.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2. Education and Research [6350 - 6359] ( Chapter 2 repealed and added by Stats. 1973, Ch. 993. )

    Verify source ↗

    The division must maintain an education and research program.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2. Education and Research [6350 - 6359] ( Chapter 2 repealed and added by Stats. 1973, Ch. 993. ) ## 6350. The division shall maintain an education and research program for the purpose of providing in-service training of division personnel, safety education for employees and employers, research and consulting safety services. (Added by Stats. 1973, Ch. 993.)
  129. 6351.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2. Education and Research [6350 - 6359] ( Chapter 2 repealed and added by Stats. 1973, Ch. 993. )

    Verify source ↗

    The division must prepare and distribute information about occupational safety and health programs, methods, techniques, or devices.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2. Education and Research [6350 - 6359] ( Chapter 2 repealed and added by Stats. 1973, Ch. 993. ) ## 6351. The division shall be responsible for preparation and distribution of information concerning occupational safety and health programs, methods, techniques or devices. Such information may include but is not limited to safety publications, films and audiovisual material, speeches and conferences on safety. (Added by Stats. 1973, Ch. 993.)
  130. 6352.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2. Education and Research [6350 - 6359] ( Chapter 2 repealed and added by Stats. 1973, Ch. 993. )

    Verify source ↗

    The division must provide safety training programs on request for employees and employers.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2. Education and Research [6350 - 6359] ( Chapter 2 repealed and added by Stats. 1973, Ch. 993. ) ## 6352. The division shall provide safety training programs, upon request, for employees and employers. Priority for the development of safety training programs shall be in those occupations which pose the greatest hazard to the safety and health of employees. (Added by Stats. 1973, Ch. 993.)
  131. 6353.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2. Education and Research [6350 - 6359] ( Chapter 2 repealed and added by Stats. 1973, Ch. 993. )

    Verify source ↗

    The division must conduct continuing research on ways to improve employees’ occupational safety and health.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2. Education and Research [6350 - 6359] ( Chapter 2 repealed and added by Stats. 1973, Ch. 993. ) ## 6353. The division shall conduct continuing research into methods, means, operations, techniques, processes and practices necessary for improvement of occupational safety and health of employees. (Added by Stats. 1973, Ch. 993.)
  132. 6354.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2. Education and Research [6350 - 6359] ( Chapter 2 repealed and added by Stats. 1973, Ch. 993. )

    Verify source ↗

    The division must provide occupational safety and health consulting services when requested by an employer or employee group.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2. Education and Research [6350 - 6359] ( Chapter 2 repealed and added by Stats. 1973, Ch. 993. ) ## 6354. The division shall, upon request, provide a full range of occupational safety and health consulting services to any employer or employee group. These consulting services shall include: (a) A program for identifying categories of occupational safety and health hazards causing the greatest number and most serious preventable injuries and illnesses and workers’ compensation losses and the places of employment where they are occurring. The hazards, industries, and places of employment shall be identified from the data system that is used in the targeted inspection program pursuant to Section 6314.1. The division shall develop procedures for offering consultation services to high hazard employers who are identified pursuant to this section. The services may include the development of educational material and procedures for reducing or eliminating safety and health hazards, conducting workplace surveys to identify health and safety problems, and development of plans to improve employer health and safety loss records. The program shall include a component for reducing the number of work-related, repetitive motion injuries, including, but not limited to, back injuries. The division may formulate recommendations for reducing repetitive motion injuries after conducting a survey of the workplace of the employer who accepts services of the division. The recommendations shall include, wherever appropriate, the application of generally accepted ergonomic and engineering principles to eliminate repetitive motions that are generally expected to result in injuries to workers. The recommendations shall also include, wherever appropriate, training programs to instruct workers in methods for performing job-related movements, such as lifting heavy objects, in a manner that minimizes strain and provides safeguards against injury. The division shall establish model injury and illness prevention training programs to prevent repetitive motion injuries, including recommendations for the minimum qualifications of instructors. The model programs shall be made available to employers, employer associations, workers’ compensation insurers, and employee organizations on request. (b) A program for providing assistance in the development of injury prevention programs for employees and employers. The highest priority for the division’s consulting services shall be given to development of these programs for businesses with fewer than 250 employees in industries identified in the regional plans developed pursuant to subdivision (b) of Section 6314.1. (c) A program for providing employers or employees with information, advice, and recommendations on maintaining safe employment or place of employment, and on applicable occupational safety and health standards, techniques, devices, methods, practices, or programs. (Amended by Stats. 1995, Ch. 903, Sec. 9. Effective January 1, 1996.)
  133. 6354.5.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2. Education and Research [6350 - 6359] ( Chapter 2 repealed and added by Stats. 1973, Ch. 993. )

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    Insurers writing workers’ compensation insurance must maintain or provide loss control consultation services and cannot charge extra fees for them.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2. Education and Research [6350 - 6359] ( Chapter 2 repealed and added by Stats. 1973, Ch. 993. ) ## 6354.5. (a) Any insurer desiring to write workers’ compensation insurance shall maintain or provide occupational safety and health loss control consultation services. The insurer may employ qualified personnel to provide these services or provide the services through another entity. (b) The program of an insurer for furnishing loss control consultation services shall be adequate to meet minimum standards prescribed by this section. Required loss control consultation services shall be adequate to identify the hazards exposing the insured to, or causing the insured, significant workers’ compensation losses, and to advise the insured of steps needed to mitigate the identified workers’ compensation losses or exposures. The program of an insurer for furnishing loss control consultation services shall provide all of the following: (1) A workplace survey, including discussions with management and, where appropriate, nonmanagement personnel with permission of the employer. (2) A review of injury records with appropriate personnel. (3) The development of a plan to improve the employer’s health and safety loss control experience, which shall include, where appropriate, modifications to the employer’s injury and illness prevention program established pursuant to Section 6401.7. At the time that an insurance policy is issued and annually thereafter, and again when notified by Cal-OSHA that an insured employer has been identified as a targeted employer pursuant to Section 6314.1, the insurer shall provide each insured employer with a written description of the consultation services together with a notice that the services are available at no additional charge to the employer. These notices to the employer shall appear in at least 10-point bold type. (c) The insurer shall not charge any fee in addition to the insurance premium for safety and health loss control consultation services. (d) Nothing in this section shall be construed to require insurers to provide loss control services to places of employment that do not pose significant preventable hazards to workers. (e) The director shall establish an insurance loss control services coordinator position in the Department of Industrial Relations. The coordinator shall provide information to employers about the availability of loss control consultation services and respond to employers’ questions and complaints about loss control consultation services provided by their insurer. The coordinator shall notify the insurer of every complaint concerning loss control consultation services. If the employer and the insurer are unable to agree on a mutually satisfactory solution to the complaint, the coordinator shall investigate the complaint. Whenever the coordinator determines that the loss control consultation services provided by the insurer are inadequate or inappropriate, he or she shall recommend to the employer and the insurer the actions required to bring the loss control program into compliance. If the employer and the insurer are unable to agree on a mutually satisfactory solution to the complaint, the coordinator shall forward his or her recommendations to the director. The cost of providing the coordinator services shall be paid out of the Workers’ Occupational Safety and Health Education Fund created by subdivision (a) of Section 6354.7. However, no more than 20 percent of that fund may be expended for this purpose each year. (Amended by Stats. 2002, Ch. 6, Sec. 83. Effective January 1, 2003.)
  134. 6354.7.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2. Education and Research [6350 - 6359] ( Chapter 2 repealed and added by Stats. 1973, Ch. 993. )

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    Creates a special fund for worker safety and health education, lets the commission run the training program, and requires the director to collect funding fees from certain insurers.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2. Education and Research [6350 - 6359] ( Chapter 2 repealed and added by Stats. 1973, Ch. 993. ) ## 6354.7. (a) The Workers’ Occupational Safety and Health Education Fund is hereby created as a special account in the State Treasury. Proceeds of the fund may be expended, upon appropriation by the Legislature, by the Commission on Health and Safety and Workers’ Compensation for the purpose of establishing and maintaining a worker occupational safety and health training and education program and an insurance loss control services coordinator. The director shall levy and collect fees to fund these purposes from insurers subject to Section 6354.5. However, the fee assessed against any insurer shall not exceed the greater of one hundred dollars ($100) or 0.0286 percent of paid workers’ compensation indemnity amounts for claims as reported for the previous calendar year to the designated rating organization for the analysis required under subdivisions (b) and (c) of Section 11759.1 of the Insurance Code. All fees shall be deposited in the fund. (b) The commission shall establish and maintain a worker safety and health training and education program. The purpose of the worker occupational safety and health training and education program shall be to promote awareness of the need for prevention education programs, to develop and provide injury and illness prevention education programs for employees and their representatives, and to deliver those awareness and training programs through a network of providers throughout the state. The commission may conduct the program directly or by means of contracts or interagency agreements. (c) The commission shall establish an employer and worker advisory board for the program. The advisory board shall guide the development of curricula, teaching methods, and specific course material about occupational safety and health, and shall assist in providing links to the target audience and broadening the partnerships with worker-based organizations, labor studies programs, and others that are able to reach the target audience. (d) The program shall include the development and provision of a needed core curriculum addressing competencies for effective participation in workplace injury and illness prevention programs and on joint labor-management health and safety committees. The core curriculum shall include an overview of the requirements related to injury and illness prevention programs and hazard communication. (e) The program shall include the development and provision of additional training programs for any or all of the following categories: (1) Industries on the high hazard list. (2) Hazards that result in significant worker injuries, illnesses, or compensation costs. (3) Industries or trades in which workers are experiencing numerous or significant injuries or illnesses. (4) Occupational groups with special needs, such as those who do not speak English as their first language, workers with limited literacy, young workers, and other traditionally underserved industries or groups of workers. Priority shall be given to training workers who are able to train other workers and workers who have significant health and safety responsibilities, such as those workers serving on a health and safety committee or serving as designated safety representatives. (f) The program shall operate one or more libraries and distribution systems of occupational safety and health training material, which shall include, but not be limited to, all material developed by the program pursuant to this section. (g) The advisory board shall annually prepare a written report evaluating the use and impact of programs developed. (h) The payment of administrative costs incurred by the commission in conducting the program shall be made from the Workers’ Occupational Safety and Health Education Fund. (Added by Stats. 2002, Ch. 866, Sec. 15. Effective January 1, 2003.)
  135. 6355.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2. Education and Research [6350 - 6359] ( Chapter 2 repealed and added by Stats. 1973, Ch. 993. )

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    If an employer requests or accepts consulting services under Section 6354, the division cannot prosecute, cite, or assess civil penalties for covered violations while providing those services, except in listed exception cases.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2. Education and Research [6350 - 6359] ( Chapter 2 repealed and added by Stats. 1973, Ch. 993. ) ## 6355. If the employer requests or accepts consulting services offered pursuant to Section 6354, the division in providing such services at the employer’s employment or place of employment shall neither institute any prosecution under Section 6423 nor issue any citations for a violation of any standard or order adopted pursuant to Chapter 6 (commencing with Section 140) of Division 1. In any instance in which the division representative providing the consulting service finds that the conditions of employment, place of employment, any work procedure, or the operation of any machine, device, apparatus, or equipment constitutes an imminent hazard or danger, within the meaning of Section 6325, to the lives, safety, or health of employees, entry therein, or the use thereof, as the case may be, shall be prohibited by the division pursuant to Section 6325. The employer shall not, however, be liable to prosecution under Section 6423, nor shall the division issue any citations or assess any civil penalties, except in any case where the employer fails to comply with the division’s prohibition of entry or use, or in any case where the provisions of Section 6326 apply. (Amended by Stats. 1993, Ch. 121, Sec. 70. Effective July 16, 1993.)
  136. 6356.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2. Education and Research [6350 - 6359] ( Chapter 2 repealed and added by Stats. 1973, Ch. 993. )

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    This section creates a fund account and tells the department when it may accept contributions and when it must deposit them.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2. Education and Research [6350 - 6359] ( Chapter 2 repealed and added by Stats. 1973, Ch. 993. ) ## 6356. (a) There is hereby created, in the General Fund, the Worker Safety Bilingual Investigative Support, Enforcement, and Training Account. The moneys in the account may be expended by the department, upon appropriation by the Legislature, for the purposes of this part. (b) The department may receive and accept a contribution of funds from an individual or private organization, including the proceeds from a judgment in a state or federal court, if the contribution is made to carry out the purposes of this part. The department shall immediately deposit the contribution in the account established by subdivision (a). (c) The department may not receive or accept a contribution of funds under this section made from the proceeds of a judgment in a criminal action filed pursuant to Section 6423 or 6425 of the Labor Code. (Added by Stats. 2002, Ch. 885, Sec. 5. Effective January 1, 2003.)
  137. 6357.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2. Education and Research [6350 - 6359] ( Chapter 2 repealed and added by Stats. 1973, Ch. 993. )

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    The Occupational Safety and Health Standards Board must adopt workplace ergonomics standards by January 1, 1995.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2. Education and Research [6350 - 6359] ( Chapter 2 repealed and added by Stats. 1973, Ch. 993. ) ## 6357. On or before January 1, 1995, the Occupational Safety and Health Standards Board shall adopt standards for ergonomics in the workplace designed to minimize the instances of injury from repetitive motion. (Added by Stats. 1993, Ch. 121, Sec. 71. Effective July 16, 1993.)
  138. 6359.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2. Education and Research [6350 - 6359] ( Chapter 2 repealed and added by Stats. 1973, Ch. 993. )

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    The Department of Industrial Relations must hire a coordinator to set up a statewide young worker health and safety resource network, with funding conditions.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2. Education and Research [6350 - 6359] ( Chapter 2 repealed and added by Stats. 1973, Ch. 993. ) ## 6359. (a) The Legislature finds and declares the following: (1) Every year 70 adolescents die from work injuries in the United States and 200,000 are injured, 70,000 seriously enough to require hospital treatment. Most of these injuries are preventable. (2) A recent report by the Institute of Medicine and the National Research Council has brought national attention to the need for better education and interventions to aid injury and illness prevention efforts aimed at young workers. (3) Since 1996, the California Study Group on Young Workers’ Health and Safety, consisting of 30 representatives from key agencies and organizations involved with California youth employment and education issues, including representatives from government agencies, business, labor, parent and teacher organizations, and others, has met to develop recommendations to better protect and educate California’s young workers. (4) The study group recommended the establishment of a Resource Network on Young Workers’ Health and Safety, to assist in increasing the ability of young workers and their communities to identify and address workplace hazards in order to prevent young workers from becoming injured or ill on the job. (b) It is the intent of the Legislature that the Department of Industrial Relations, the University of California, the State Department of Education, the State Department of Health Services, and the Employment Development Department cooperatively and individually conduct activities aimed at the prevention of occupational injuries and illnesses among young workers. (c) The Department of Industrial Relations shall contract with a coordinator to establish a statewide young worker health and safety resource network. The primary function of the resource network shall be to assist in increasing the ability of young workers and their communities statewide to identify and address workplace hazards in order to prevent young workers from becoming injured or ill on the job. The network shall coordinate and augment existing outreach and education efforts and provide technical assistance, education materials and other support to schools, job training programs, employers and other organizations working to educate students and their communities about workplace health and safety and child labor laws. (d) The resource network shall provide, and the lead center shall coordinate, services to all key groups throughout the state involved in education and protecting young workers, including, but not limited to: (1) Teachers. (2) Schools. (3) Job training programs. (4) Employers of youth. (5) Parent groups. (6) Youth organizations. (7) Work permit issuers. (e) The resource network shall be advised by a statewide advisory group, including, but not limited to, representatives from the Department of Industrial Relations, the Commission on Health and Safety and Worker’s Compensation, the University of California, the State Department of Education, the Department of Health Services, and the Employment Development Department, as well as business, labor, parents, and others experienced in working with youth doing agricultural and nonagricultural work. The advisory group shall represent diverse geographic regions of the state. (f) This section shall be implemented subject to the availability of funding for the purposes of this section in the 2000–01 Budget Act. (Added by Stats. 2000, Ch. 598, Sec. 1. Effective January 1, 2001.)
  139. 6359.1.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.2. Artificial Stone; Occupational Exposure to Respirable Crystalline Silica [6359.1 - 6359.5] ( Chapter 2.2 added by Stats. 2025, Ch. 734, Sec. 3. )

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    This section defines key terms for a chapter on artificial stone and respirable crystalline silica exposure.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.2. Artificial Stone; Occupational Exposure to Respirable Crystalline Silica [6359.1 - 6359.5] ( Chapter 2.2 added by Stats. 2025, Ch. 734, Sec. 3. ) ## 6359.1. For purposes of this chapter, the following definitions apply: (a) “Artificial stone” means any reconstituted, artificial, synthetic, composite, engineered, or manufactured stone product. It is commonly made by combining natural stone or other crystalline silica-containing materials with adhesives, polymers, epoxies, resins, or other binding materials to form a slab. Fired ceramic and porcelain tiles and panels are not artificial stone. (b) “Department” means the Department of Industrial Relations. (c) “Director” means the Director of Industrial Relations. (d) “Division” means the Division of Occupational Safety & Health. (e) “Dry methods” means the undertaking of high-exposure trigger tasks without the use of wet methods that effectively suppress dust. (f) (1) “Fabrication shop” means a person, entity, business, or location where high-exposure trigger tasks are undertaken. (2) “Fabrication shop” does not include quarries, concrete and cement manufacturing facilities, or fired ceramic or fired porcelain tiles or panels manufacturing facilities that do not manufacture, fabricate, or finish artificial stone products. (g) “High-exposure trigger task” means machining, crushing, cutting, drilling, abrading, abrasive blasting, grinding, chiseling, carving, gouging, polishing, buffing, fracturing, intentional breaking, or intentional chipping of artificial stone that contains more than 0.1 percent by weight crystalline silica, or other silica containing products, including natural stone, that contain more than 10 percent by weight crystalline silica. High-exposure trigger tasks also include clean up, disturbing, or handling of wastes, dusts, residues, debris, or other materials created during the above-listed tasks. High-exposure trigger tasks do not include tasks other than the fabrication of countertops, backsplashes, walls, flooring, waterfall countertop edges, and other products from slabs or panels. (h) “Respirable crystalline silica” means quartz, cristobalite, or tridymite contained in airborne particles that are determined to be respirable by a sampling device designed to meet the characteristics for respirable-particle-size-selective samplers specified in the International Organization for Standardization (ISO) 7708:1995 Air Quality — Particle Size Fraction Definitions for Health-Related Sampling. (i) “Wet methods” means effectively suppressing dust by one of the methods listed below, such that exposures do not exceed the action level at any time. Regardless of the method used, water shall cover the entire surface of the work object where a tool, equipment, or machine contacts the work object. (1) Applying a constant, continuous, and appropriate volume of running water directly onto the surface of the work object. When water flow is integrated with a tool, machine, or equipment, water flow rates shall equal or exceed manufacturer recommendations and specifications to ensure effective dust suppression. Any water that is recycled must be filtered to remove silica prior to reuse. (2) Submersing the work object underwater. (3) Water jet cutting or the use of high-pressure water to cut material. (Added by Stats. 2025, Ch. 734, Sec. 3. (SB 20) Effective January 1, 2026.)
  140. 6359.1.5.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.2. Artificial Stone; Occupational Exposure to Respirable Crystalline Silica [6359.1 - 6359.5] ( Chapter 2.2 added by Stats. 2025, Ch. 734, Sec. 3. )

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    People or entities doing high-exposure trigger tasks must not use dry methods and must use effective wet methods instead.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.2. Artificial Stone; Occupational Exposure to Respirable Crystalline Silica [6359.1 - 6359.5] ( Chapter 2.2 added by Stats. 2025, Ch. 734, Sec. 3. ) ## 6359.1.5. (a) A person or entity engaged in high-exposure trigger tasks shall not use dry methods when engaging in any high-exposure trigger tasks. (b) A person or entity engaged in high-exposure trigger tasks shall use effective wet methods when engaging in any high-exposure trigger tasks. (c) A violation of this section shall be grounds for an immediate order by the division prohibiting continued work and shall be grounds for penalties as set forth in Division 5 and Chapters 3.2, 3.3, 3.5, 4, and 7 of Division 1 of Title 8 of the California Code of Regulations. (d) The division shall enforce this section by issuing a citation alleging a violation of this section and a notice of civil penalty in a manner consistent with Section 6317. Any person who receives a citation and penalty may appeal the citation and penalty to the appeals board in a manner consistent with Section 6319. (Added by Stats. 2025, Ch. 734, Sec. 3. (SB 20) Effective January 1, 2026.)
  141. 6359.2.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.2. Artificial Stone; Occupational Exposure to Respirable Crystalline Silica [6359.1 - 6359.5] ( Chapter 2.2 added by Stats. 2025, Ch. 734, Sec. 3. )

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    Fabrication shop owners, operators, and certain employers must ensure training for employees doing high-exposure trigger tasks, and must file an annual written attestation starting July 1, 2026.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.2. Artificial Stone; Occupational Exposure to Respirable Crystalline Silica [6359.1 - 6359.5] ( Chapter 2.2 added by Stats. 2025, Ch. 734, Sec. 3. ) ## 6359.2. (a) The owner or operator of a fabrication shop, or any individual who will employ another individual to perform high-exposure trigger tasks in a fabrication shop, shall do both of the following: (1) Ensure that any employee who performs high-exposure trigger tasks receives training as required pursuant to Section 5204 of Title 8 of the California Code of Regulations. (2) (A) Beginning on July 1, 2026, and annually thereafter, provide to the division through electronic submission a written attestation that each employee who performs high-exposure trigger tasks has received training as required pursuant to Section 5204 of Title 8 of the California Code of Regulations. (B) It shall be unlawful for any person to make a false statement, representation, or certification on the written attestation described in subparagraph (A). (b) The division shall enforce this section by issuing a citation alleging a violation of this section and a notice of a civil penalty in a manner that is consistent with Section 6317. Any person who receives a citation and penalty may appeal the citation and penalty to the appeals board in a manner consistent with Section 6319. (Added by Stats. 2025, Ch. 734, Sec. 3. (SB 20) Effective January 1, 2026.)
  142. 6359.3.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.2. Artificial Stone; Occupational Exposure to Respirable Crystalline Silica [6359.1 - 6359.5] ( Chapter 2.2 added by Stats. 2025, Ch. 734, Sec. 3. )

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    Employers, contractors, and fabrication shops may adopt stricter safety standards.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.2. Artificial Stone; Occupational Exposure to Respirable Crystalline Silica [6359.1 - 6359.5] ( Chapter 2.2 added by Stats. 2025, Ch. 734, Sec. 3. ) ## 6359.3. This part, or any related health and safety standard, does not prevent or limit an employer, contractor, or fabrication shop from adopting stricter safety standards. (Added by Stats. 2025, Ch. 734, Sec. 3. (SB 20) Effective January 1, 2026.)
  143. 6359.4.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.2. Artificial Stone; Occupational Exposure to Respirable Crystalline Silica [6359.1 - 6359.5] ( Chapter 2.2 added by Stats. 2025, Ch. 734, Sec. 3. )

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    The State Department of Public Health and the division must exchange silicosis-related reports and exposure-assessment information on tight deadlines, and the information is confidential.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.2. Artificial Stone; Occupational Exposure to Respirable Crystalline Silica [6359.1 - 6359.5] ( Chapter 2.2 added by Stats. 2025, Ch. 734, Sec. 3. ) ## 6359.4. (a) The State Department of Public Health shall consider a report of silicosis related to occupational exposure to artificial stone as a serious illness and shall report that case to the division within three business days of receiving the report. The report shall include, if available, the name and contact information for the worker with silicosis and the name and address of their workplace or workplaces. (b) If the division receives a report of silicosis related to artificial stone from the State Department of Public Health, the report shall constitute a complaint from a government agency representative charging a serious violation and shall subject the employer or place of employment to the requirements of subdivision (a) of Section 6309 for the division to initiate an investigation within three business days. (c) The division shall notify the State Department of Public Health of any cases of silicosis related to artificial stone identified through enforcement activities within five business days of case identification. The notification shall include, if available, the name and contact information for the worker with silicosis and the name and address of their workplace or workplaces. The division shall also share results of silica exposure assessments performed as part of its enforcement activities and the names and addresses of fabrication shops where the assessments were conducted and associated silica sampling data, including information about the composition of the slabs that were being fabricated during sampling. Silica exposure assessment results shall be shared by the division with the State Department of Public Health within 30 days of receipt of the results by the division. (d) Information shared pursuant to this section regarding individual cases of silicosis, including personal information contained in assessment results, is confidential, shall be exempt from disclosure pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), and shall be used by the receiving party only for surveillance, investigation, or case management. The State Department of Public Health may share confidential information with the appropriate local health officer only for the purposes of surveillance, investigation, or case management. (e) The State Department of Public Health may share the deidentified confidential information to entities conducting scientific research, if the request for information is approved by the Committee for the Protection of Human Subjects (CPHS) for the California Health and Human Services Agency, the requesting entity provides documentation to the department that demonstrates, to the department’s satisfaction, that the entity has established the procedures and ability to maintain the confidentiality of the information, and the requesting entity has agreed, in writing, to maintain the confidentiality of the information. (Added by Stats. 2025, Ch. 734, Sec. 3. (SB 20) Effective January 1, 2026.)
  144. 6359.5.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.2. Artificial Stone; Occupational Exposure to Respirable Crystalline Silica [6359.1 - 6359.5] ( Chapter 2.2 added by Stats. 2025, Ch. 734, Sec. 3. )

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    The State Department of Public Health must identify high-exposure businesses and provide outreach, education, and technical assistance to address silicosis risk in fabrication shops.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.2. Artificial Stone; Occupational Exposure to Respirable Crystalline Silica [6359.1 - 6359.5] ( Chapter 2.2 added by Stats. 2025, Ch. 734, Sec. 3. ) ## 6359.5. The State Department of Public Health shall conduct all of the following activities to address silicosis risk exposure in fabrication shops: (a) Identify businesses that conduct high-exposure trigger activities. (b) Provide outreach and education about silicosis prevention and diagnosis to workers, employers, and healthcare providers. (c) Provide technical assistance to local health jurisdictions engaged in silicosis surveillance and prevention activities. (Added by Stats. 2025, Ch. 734, Sec. 3. (SB 20) Effective January 1, 2026.)
  145. 6360.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 1. General Provisions [6360 - 6363] ( Article 1 added by Stats. 1980, Ch. 874. )

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    This chapter may be cited as the Hazardous Substances Information and Training Act.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 1. General Provisions [6360 - 6363] ( Article 1 added by Stats. 1980, Ch. 874. ) ## 6360. This chapter shall be known and may be cited as the Hazardous Substances Information and Training Act. (Added by Stats. 1980, Ch. 874.)
  146. 6361.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 1. General Provisions [6360 - 6363] ( Article 1 added by Stats. 1980, Ch. 874. )

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    The Legislature states that employees should receive necessary information about hazardous substances in the workplace and their hazards.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 1. General Provisions [6360 - 6363] ( Article 1 added by Stats. 1980, Ch. 874. ) ## 6361. (a) The Legislature finds and declares the following: (1) Hazardous substances in the workplace in some forms and concentrations pose potential acute and chronic health hazards to employees who are exposed to these substances. (2) Employers and employees have a right and a need to know the properties and potential hazards of substances to which they may be exposed, and such knowledge is essential to reducing the incidence and cost of occupational disease. (3) Employers do not always have available adequate data on the contents and properties of specific hazardous substances necessary for the provision of a safe and healthful workplace and the provision of information and training to employees as is the responsibility of the employer under existing law. (4) Many effective employee information and training programs now exist, and with the increased availability of basic information and with the extension of such programs to all affected employees, preventable health risks in the workplace would be further reduced. (b) The Legislature, therefore, intends by this chapter to ensure the transmission of necessary information to employees regarding the properties and potential hazards of hazardous substances in the workplace. (Added by Stats. 1980, Ch. 874.)
  147. 6362.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 1. General Provisions [6360 - 6363] ( Article 1 added by Stats. 1980, Ch. 874. )

    Verify source ↗

    This chapter’s rights and duties apply to certain employers, sellers, and manufacturers involved with hazardous substances in California.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 1. General Provisions [6360 - 6363] ( Article 1 added by Stats. 1980, Ch. 874. ) ## 6362. The rights and duties set forth in this chapter apply to all employers who use hazardous substances in this state, to any person who sells a hazardous substance to any employer in this state, and to manufacturers who produce or sell hazardous substances in this state. The provisions of this chapter apply to hazardous substances which are present in the workplace as a result of workplace operations in such a manner that employees may be exposed under normal conditions of work or in a reasonably foreseeable emergency resulting from workplace operations. For purposes of this chapter, an emergency includes, but is not limited to, equipment failure, rupture of containers, or failure of control equipment, which may or do result in a release of a hazardous substance into the workplace. (Added by Stats. 1980, Ch. 874.)
  148. 6363.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 1. General Provisions [6360 - 6363] ( Article 1 added by Stats. 1980, Ch. 874. )

    Verify source ↗

    This section says the chapter does not require manufacturers or employers to conduct studies to develop new information.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 1. General Provisions [6360 - 6363] ( Article 1 added by Stats. 1980, Ch. 874. ) ## 6363. Nothing in this chapter shall be construed to require a manufacturer or employer to conduct studies to develop new information. (Added by Stats. 1980, Ch. 874.)
  149. 6365.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 2. Definitions [6365 - 6374] ( Article 2 added by Stats. 1980, Ch. 874. )

    Verify source ↗

    This section says the article’s definitions, and Article 1’s provisions, control how this chapter is interpreted unless the context requires otherwise.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 2. Definitions [6365 - 6374] ( Article 2 added by Stats. 1980, Ch. 874. ) ## 6365. Unless the context otherwise requires, the definitions in this article and the provisions of Article 1 shall govern the construction of provisions of this chapter. (Added by Stats. 1980, Ch. 874.)
  150. 6366.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 2. Definitions [6365 - 6374] ( Article 2 added by Stats. 1980, Ch. 874. )

    Verify source ↗

    This section defines “CAS number” as the unique identification number assigned by the Chemical Abstracts Service to specific chemical substances.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 2. Definitions [6365 - 6374] ( Article 2 added by Stats. 1980, Ch. 874. ) ## 6366. “CAS number” means the unique identification number assigned by the Chemical Abstracts Service to specific chemical substances. (Added by Stats. 1980, Ch. 874.)
  151. 6367.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 2. Definitions [6365 - 6374] ( Article 2 added by Stats. 1980, Ch. 874. )

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    This section defines “chemical name” as the scientific designation of a substance under specified naming systems.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 2. Definitions [6365 - 6374] ( Article 2 added by Stats. 1980, Ch. 874. ) ## 6367. “Chemical name” is the scientific designation of a substance in accordance with the nomenclature system developed by the International Union of Pure and Applied Chemistry or the system developed by the Chemical Abstracts Service. (Added by Stats. 1980, Ch. 874.)
  152. 6368.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 2. Definitions [6365 - 6374] ( Article 2 added by Stats. 1980, Ch. 874. )

    Verify source ↗

    “Common name” means a non-chemical name used to identify a substance.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 2. Definitions [6365 - 6374] ( Article 2 added by Stats. 1980, Ch. 874. ) ## 6368. “Common name” means any designation or identification such as code name, code number, trade name, or brand name used to identify a substance other than by its chemical name. (Added by Stats. 1980, Ch. 874.)
  153. 6370.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 2. Definitions [6365 - 6374] ( Article 2 added by Stats. 1980, Ch. 874. )

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    This section defines “expose” or “exposure” for work involving hazardous substances, and says certain contact does not count as exposure if specified determinations under other sections have been made.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 2. Definitions [6365 - 6374] ( Article 2 added by Stats. 1980, Ch. 874. ) ## 6370. “Expose” or “exposure” means any situation arising from work operation where an employee may ingest, inhale, absorb through the skin or eyes, or otherwise come into contact with a hazardous substance; provided, that such contact shall not be deemed to constitute exposure if the hazardous substance present is in a physical state, volume, or concentration for which it has been determined pursuant to Sections 6382 and 6390 that there is no valid and substantial evidence that any adverse acute or chronic risk to human health may occur from such contact. (Added by Stats. 1980, Ch. 874.)
  154. 6371.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 2. Definitions [6365 - 6374] ( Article 2 added by Stats. 1980, Ch. 874. )

    Verify source ↗

    “Impurity” means a hazardous substance unintentionally present with another substance or mixture.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 2. Definitions [6365 - 6374] ( Article 2 added by Stats. 1980, Ch. 874. ) ## 6371. “Impurity” means a hazardous substance which is unintentionally present with another substance or mixture. (Added by Stats. 1980, Ch. 874.)
  155. 6372.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 2. Definitions [6365 - 6374] ( Article 2 added by Stats. 1980, Ch. 874. )

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    “Manufacturer” means a person who produces, synthesizes, extracts, or otherwise makes a hazardous substance.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 2. Definitions [6365 - 6374] ( Article 2 added by Stats. 1980, Ch. 874. ) ## 6372. “Manufacturer” means a person who produces, synthesizes, extracts, or otherwise makes a hazardous substance. (Added by Stats. 1980, Ch. 874.)
  156. 6373.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 2. Definitions [6365 - 6374] ( Article 2 added by Stats. 1980, Ch. 874. )

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    “Mixture” means a solution or intimate admixture of two or more substances, with at least one hazardous substance, that do not react chemically with each other.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 2. Definitions [6365 - 6374] ( Article 2 added by Stats. 1980, Ch. 874. ) ## 6373. “Mixture” means any solution or intimate admixture of two or more substances, at least one of which is present as a hazardous substance, as designated pursuant to Sections 6382 and 6383, which do not react chemically with each other. (Added by Stats. 1980, Ch. 874.)
  157. 6374.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 2. Definitions [6365 - 6374] ( Article 2 added by Stats. 1980, Ch. 874. )

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    This section defines “MSDS” as a material safety data sheet prepared under Section 6390, and it also treats certain labels as MSDSs for this chapter.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 2. Definitions [6365 - 6374] ( Article 2 added by Stats. 1980, Ch. 874. ) ## 6374. “MSDS” means a material safety data sheet prepared pursuant to Section 6390. A label in 8-point or larger type, prepared pursuant to Section 6390, shall constitute an MSDS for the purposes of this chapter. (Added by Stats. 1980, Ch. 874.)
  158. 6380.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 3. Hazardous Substances [6380 - 6386] ( Article 3 added by Stats. 1980, Ch. 874. )

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    The director must create a hazardous substances list, make it available to manufacturers, employers, and the public, and adopt related regulations.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 3. Hazardous Substances [6380 - 6386] ( Article 3 added by Stats. 1980, Ch. 874. ) ## 6380. For the purposes of this chapter, the director, pursuant to Section 6382, shall establish a list of hazardous substances and shall make the list available to manufacturers, employers, and the public. Substances on the list shall be designated by their chemical and common name or names. The director shall adopt, amend, and repeal regulations for the establishment of the list of hazardous substances pursuant to the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 1980, Ch. 874.)
  159. 6380.5.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 3. Hazardous Substances [6380 - 6386] ( Article 3 added by Stats. 1980, Ch. 874. )

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    Before adopting the hazardous substances list or any additions, the director must submit it to the board for approval, and the board must act within 90 days for the list or 60 days for additions.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 3. Hazardous Substances [6380 - 6386] ( Article 3 added by Stats. 1980, Ch. 874. ) ## 6380.5. (a) Prior to the director’s adoption of the list of hazardous substances, the director shall submit the list to the Occupational Safety and Health Standards Board for its approval. Within 90 days of receiving the list from the director, the board, after holding a hearing and considering the recommendations of the employers and employees who may be affected, shall do the following: (1) Determine whether the substances listed are properly listed as hazardous substances pursuant to the criteria of Section 6382. (2) Modify the list as necessary to achieve compliance with Section 6382. (3) Approve the list of hazardous substances. Upon receipt of the list approved by the board, the director shall adopt the list as a regulation pursuant to the procedures set forth in Section 6380. The inclusion or exclusion of any individual substance on the list of hazardous substances shall not be subject to Section 11346.2 or 11346.9 of the Government Code. (b) Prior to the director’s adoption of any additions to the list of hazardous substances pursuant to subdivision (c) of Section 6382, the director shall submit the additions to the board for its approval. Within 60 days of receiving the additions from the director, the board, after holding a hearing and considering the recommendations of the employers and employees who may be affected, shall do the following: (1) Determine whether the substances listed are properly listed as hazardous substances pursuant to the criteria of Section 6382. (2) Modify the additions as necessary to achieve compliance with Section 6382. (3) Approve the list of hazardous substances. Upon receipt of the additions approved by the board, the director shall adopt the additions as a regulation pursuant to the procedures set forth in Section 6380. The inclusion or exclusion of any individual substance on the list of hazardous substances shall not be subject to Section 11346.2 or 11346.9 of the Government Code. (Amended by Stats. 1995, Ch. 938, Sec. 78. Effective January 1, 1996.)
  160. 6381.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 3. Hazardous Substances [6380 - 6386] ( Article 3 added by Stats. 1980, Ch. 874. )

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    Substances not on the Section 6380 hazardous-substances list are not subject to this chapter.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 3. Hazardous Substances [6380 - 6386] ( Article 3 added by Stats. 1980, Ch. 874. ) ## 6381. Substances not present on the list of hazardous substances adopted pursuant to Section 6380 shall not be subject to the provisions of this chapter. However, the absence of designation as a hazardous substance in the list adopted pursuant to Section 6380 shall not in any way affect any other liability of an employer with regard to safeguarding the health and safety of an employee or other persons exposed to a toxic or hazardous substance; nor shall it affect any other duty or responsibility of a manufacturer, producer, or other maker to warn ultimate users of a substance pursuant to other provisions of law. (Added by Stats. 1980, Ch. 874.)
  161. 6382.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 3. Hazardous Substances [6380 - 6386] ( Article 3 added by Stats. 1980, Ch. 874. )

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    The director must prepare and update the hazardous substances list, including listed substances unless an exception applies, and must review the listings at least every two years.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 3. Hazardous Substances [6380 - 6386] ( Article 3 added by Stats. 1980, Ch. 874. ) ## 6382. The director shall prepare and amend the list of hazardous substances according to the following procedure: (a) Any substance designated in any of the following listings in subdivision (b) shall be presumed by the director to be potentially hazardous and shall be included on the list; provided, that the director shall not list a substance or form of the substance from the listings in subdivision (b) if he or she finds, upon a showing pursuant to the procedures set forth in Section 6380, that the substance as present occupationally is not potentially hazardous to human health; and provided further, that a substance, mixture, or product shall not be considered hazardous to the extent that the hazardous substance present is in a physical state, volume, or concentration for which there is no valid and substantial evidence that any adverse acute or chronic risk to human health may occur from exposure. (b) The listings referred to in subdivision (a) are as follows: (1) Substances listed as human or animal carcinogens by the International Agency for Research on Cancer (IARC). (2) Those substances designated by the Environmental Protection Agency pursuant to Section 307 (33 U.S.C. Sec. 1317) and Section 311 (33 U.S.C. Sec. 1321) of the federal Clean Water Act of 1977 (33 U.S.C. Sec. 1251 et seq.) or as hazardous air pollutants pursuant to Section 112 of the federal Clean Air Act, as amended (42 U.S.C. Sec. 7412) which have known, adverse human health risks. (3) Substances listed by the Occupational Safety and Health Standards Board as an airborne chemical contaminant pursuant to Section 142.3. (4) Those substances designated by the Director of Food and Agriculture as restricted materials pursuant to Section 14004.5 of the Food and Agricultural Code which have known, adverse human health risks. (5) Substances for which an information alert has been issued by the repository of current data established pursuant to Section 147.2. (c) The director shall at least every two years review the listings in subdivision (b) and shall revise the list to include new substances so listed or exclude substances no longer on the listings, pursuant to the standards set forth in subdivision (a). (d) Notwithstanding Section 6381, in addition to those substances on the director’s list of hazardous substances, any substance within the scope of the federal Hazard Communication Standard (29 C.F.R. Sec. 1910.1200) is a hazardous substance subject to this chapter. (Amended by Stats. 1986, Ch. 248, Sec. 160. Note: See this section as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.)
  162. 6383.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 3. Hazardous Substances [6380 - 6386] ( Article 3 added by Stats. 1980, Ch. 874. )

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    This section sets when a hazardous substance counts as present in a mixture or product and requires manufacturers to notify the director if they have evidence the threshold is too high to protect exposed employees.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 3. Hazardous Substances [6380 - 6386] ( Article 3 added by Stats. 1980, Ch. 874. ) ## 6383. (a) For the purposes of this chapter, a hazardous substance is present in any mixture or product if it is present in any of the following concentrations: (1) One percent or more of the mixture or product. (2) Two percent of the mixture or product if the hazardous substance exists as an impurity in the mixture. (3) One-tenth of 1 percent of the mixture or product if the hazardous substance in the mixture or product is designated as a carcinogen pursuant to the Occupational Carcinogens Control Act of 1976 (Ch. 2 (commencing with Section 24200), Div. 20, H.& S.C.) or the federal Hazard Communication Standard (29 C.F.R. Sec. 1910.1200). The director may, by regulation, raise the concentration requirement for a hazardous substance which the director finds is not hazardous at the threshold levels; and, lower the concentration requirement for a hazardous substance for which there is valid and substantial evidence that the substance is extraordinarily hazardous. (b) The manufacturer of a hazardous substance shall notify the director of any valid evidence which indicates that the concentration requirement for a hazardous substance established pursuant to subdivision (a) is higher than what is necessary to protect employees who work with, or may be exposed to, the substance. (Amended by Stats. 1985, Ch. 1000, Sec. 2.)
  163. 6384.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 3. Hazardous Substances [6380 - 6386] ( Article 3 added by Stats. 1980, Ch. 874. )

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    This chapter does not apply to certain impurities formed during chemical processing if they are not in the final product and employee exposure is unlikely.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 3. Hazardous Substances [6380 - 6386] ( Article 3 added by Stats. 1980, Ch. 874. ) ## 6384. This chapter does not apply to impurities which develop as intermediate materials during chemical processing but are not present in the final product, and to which employee exposure is unlikely. (Added by Stats. 1980, Ch. 874.)
  164. 6385.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 3. Hazardous Substances [6380 - 6386] ( Article 3 added by Stats. 1980, Ch. 874. )

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    This chapter does not apply to certain hazardous substances in employee personal-use products, consumer products for the general public, and retail food or other retail trade establishments except processing and repair areas.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 3. Hazardous Substances [6380 - 6386] ( Article 3 added by Stats. 1980, Ch. 874. ) ## 6385. The provisions of this chapter do not apply to hazardous substances contained in either of the following: (a) Products intended for personal consumption by employees in the workplace, or consumer products packaged for distribution to, and use by, the general public. (b) Retail food sale establishments and all other retail trade establishments, exclusive of processing and repair work areas. (Added by Stats. 1980, Ch. 874.)
  165. 6386.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 3. Hazardous Substances [6380 - 6386] ( Article 3 added by Stats. 1980, Ch. 874. )

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    A laboratory using a hazardous substance under a technically qualified individual is exempt from being treated as an employer or manufacturer for this chapter, but it still must keep incoming hazardous-substance labels intact and retain and make available the required safety data sheets.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 3. Hazardous Substances [6380 - 6386] ( Article 3 added by Stats. 1980, Ch. 874. ) ## 6386. (a) A laboratory in which a hazardous substance is used by or under the direct supervision of a technically qualified individual is not an employer or manufacturer for the purposes of this chapter. (b) This exemption does not excuse a laboratory from any of the following duties: (1) A laboratory employer shall ensure that labels of incoming containers of hazardous substances are not removed or defaced. (2) A laboratory employer shall maintain any material safety data sheets that are received with incoming shipments of hazardous substances and ensure that they are readily available to laboratory employees. (c) This exemption does not include a laboratory that primarily provides a quality control analysis for a manufacturing process or produces hazardous substances for commercial purposes. (d) “Technically qualified individual” means a person who, because of education, training, or experience, understands the risks associated with the use of the particular hazardous substance or mixture involved, and who conveys this knowledge to employees in terms of safe work practices. (Amended by Stats. 1985, Ch. 1000, Sec. 3.)
  166. 6390.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 4. Duties [6390 - 6399.2] ( Article 4 added by Stats. 1980, Ch. 874. )

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    Manufacturers of certain listed hazardous substances must provide purchasers with an MSDS, keep it current, and update buyers when new safety information significantly changes employee-health risks or protective measures.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 4. Duties [6390 - 6399.2] ( Article 4 added by Stats. 1980, Ch. 874. ) ## 6390. The manufacturer of any hazardous substance listed pursuant to the provisions of Section 6380 shall prepare and provide its direct purchasers of the hazardous substance with an MSDS containing the information specified in Section 6391 which, to the best of the manufacturer’s knowledge, is current, accurate, and complete, based on information then reasonably available to the manufacturer. For purposes of this section, a substance, mixture, or product shall not be considered a hazardous substance if present in a physical state, volume, or concentration for which there is no valid and substantial evidence that any adverse acute or chronic risk to human health may occur from exposure. The manufacturer shall revise an MSDS on a timely basis as appropriate to the importance of any new information which would affect the contents of the existing MSDS, and in any event within one year of such information becoming available to the manufacturer. If the new information indicates significantly increased risks to, or measures necessary to protect, employee health, as compared to those stated on the MSDS previously provided, the manufacturer shall provide such new information to persons who have purchased the product directly from the manufacturer within the last year. (Added by Stats. 1980, Ch. 874. Became operative on date prescribed in Section 6399.2.)
  167. 6390.2.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 4. Duties [6390 - 6399.2] ( Article 4 added by Stats. 1980, Ch. 874. )

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    Certain entities must post and maintain required safety data sheets on their website and translate them into specified languages.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 4. Duties [6390 - 6399.2] ( Article 4 added by Stats. 1980, Ch. 874. ) ## 6390.2. (a) An entity that manufactures or imports a hazardous substance or mixture of substances that constitutes a cosmetic, as defined in Section 109900 of the Health and Safety Code, not excluded by Section 6385, or any substance or mixture of substances that constitutes a disinfectant, as defined in Section 977 of Article 12 of Division 9 of Title 16 of the California Code of Regulations, that is required to develop or obtain an SDS in accordance with this chapter and Section 5194 of Title 8 of the California Code of Regulations, shall post and maintain the SDS in accordance with Section 6390 on the entity’s internet website by its brand name or other commonly known name in a manner generally accessible to the public. If a separate SDS based on color or tint exists, the entity shall post and translate each SDS. The entity shall translate the SDS into Spanish, Vietnamese, Chinese, and Korean, and other languages that the director may determine to be common for the beauty care industry. These translations shall also be publicly available on the entity’s internet website. (b) This section shall become operative on July 1, 2020. (Added by Stats. 2019, Ch. 305, Sec. 1. (AB 647) Effective January 1, 2020. Operative July 1, 2020, by its own provisions.)
  168. 6390.5.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 4. Duties [6390 - 6399.2] ( Article 4 added by Stats. 1980, Ch. 874. )

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    Manufacturers, importers, distributors, and employers must label each container of a hazardous substance consistently with federal Hazard Communication Standard requirements and applicable standards adopted by the standards board.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 4. Duties [6390 - 6399.2] ( Article 4 added by Stats. 1980, Ch. 874. ) ## 6390.5. The manufacturer, importer, and distributor of any hazardous substance, and the employer, shall label each container of a hazardous substance in a manner consistent with the federal Hazard Communication Standard (29 C.F.R. Sec. 1910.1200) and as set forth in applicable occupational safety and health standards adopted by the standards board. (Added by Stats. 1985, Ch. 1000, Sec. 4.)
  169. 6391.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 4. Duties [6390 - 6399.2] ( Article 4 added by Stats. 1980, Ch. 874. )

    Verify source ↗

    Manufacturers must give purchasers the hazardous-substance information required by this section, if pertinent.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 4. Duties [6390 - 6399.2] ( Article 4 added by Stats. 1980, Ch. 874. ) ## 6391. The information which manufacturers shall provide to their purchasers pursuant to the provisions of Section 6390 shall include the following, if pertinent: (a) The chemical name, any common names, and the CAS number of the hazardous substance. (b) The hazards or other risks in the use of the hazardous substance, including all of the following: (1) The potential for fire, explosion, and reactivity. (2) The acute and chronic health effects or risks from exposure. (3) The potential routes of exposure and symptoms of overexposure. (c) The hazards or other risks of exposure to the combustion products of the hazardous substance. (d) The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the hazardous substance, and its combustion products. (e) The emergency procedures for spills, fire, disposal, and first aid. (f) A description in lay terms, if not otherwise provided, on either a separate sheet or with the body of the information specified in this section, of the specific potential health risks posed by the hazardous substance and its combustion products intended to alert any person reading the information. (g) The month and year that the information was compiled and, for an MSDS issued after January 1, 1981, the name and address of the manufacturer responsible for preparing the information. (Amended by Stats. 1988, Ch. 423, Sec. 1.)
  170. 6392.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 4. Duties [6390 - 6399.2] ( Article 4 added by Stats. 1980, Ch. 874. )

    Verify source ↗

    Providing a federal Material Safety Data Sheet, or an equivalent document, counts as prima facie proof of compliance with Section 6390.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 4. Duties [6390 - 6399.2] ( Article 4 added by Stats. 1980, Ch. 874. ) ## 6392. Provision of a federal Material Safety Data Sheet or equivalent shall constitute prima facie proof of compliance with Section 6390. (Amended by Stats. 1992, Ch. 1214, Sec. 2. Effective January 1, 1993.)
  171. 6393.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 4. Duties [6390 - 6399.2] ( Article 4 added by Stats. 1980, Ch. 874. )

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    A manufacturer may be relieved from giving a specific purchaser an MSDS in two stated situations, but not from giving direct purchasers new or revised MSDS information unless the product is specially labeled.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 4. Duties [6390 - 6399.2] ( Article 4 added by Stats. 1980, Ch. 874. ) ## 6393. The manufacturer shall be relieved of the obligation to provide a specific purchaser of a hazardous substance with an MSDS pursuant to Section 6390 if the manufacturer has a record of having provided the specific purchaser with the most current version of the MSDS, or if the product is one sold at retail and is incidentally sold to an employer or the employer’s employees, in the same form, approximate amount, concentration, and manner as it is sold to consumers, and, to the seller’s knowledge, employee exposure to the product is not significantly greater than the consumer exposure occurring during the principal consumer use of the product. Except for products so labeled, this section does not relieve the manufacturer of the requirement to provide direct purchasers with new, revised, or later information or an MSDS pursuant to Section 6390. (Amended by Stats. 1992, Ch. 427, Sec. 123. Effective January 1, 1993.)
  172. 6394.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 4. Duties [6390 - 6399.2] ( Article 4 added by Stats. 1980, Ch. 874. )

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    The MSDS preparer must give the department a copy for each hazardous substance it manufactures, may file it on paper or electronically, and must protect trade secrets during electronic transmission.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 4. Duties [6390 - 6399.2] ( Article 4 added by Stats. 1980, Ch. 874. ) ## 6394. The preparer of an MSDS shall provide the department with a copy of the MSDS on each hazardous substance it manufactures. The preparer may transmit the MSDS to the department in either paper or electronic form. In the electronic filing of an MSDS, it is the responsibility of the preparer to protect any trade secret information contained in the MSDS during transmission to the department. Upon receipt by the department of the MSDS, it is the responsibility of the department to protect any trade secret information. (Amended by Stats. 1999, Ch. 366, Sec. 1. Effective January 1, 2000.)
  173. 6395.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 4. Duties [6390 - 6399.2] ( Article 4 added by Stats. 1980, Ch. 874. )

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    A manufacturer may use mixture-level information, and may use one mixture MSDS for multiple formulations, if the stated conditions are met.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 4. Duties [6390 - 6399.2] ( Article 4 added by Stats. 1980, Ch. 874. ) ## 6395. (a) The manufacturer may provide the information required by Section 6390 on an entire product mixture, instead of on each hazardous substance in it, when all of the following conditions exist: (1) Hazard test information exists on the mixture itself, or adequate information exists to form a valid judgment of the hazardous properties of the mixture itself and the MSDS indicates that the information presented and the conclusions drawn are from some source other than direct test data on the mixture itself, and that an MSDS on each constituent hazardous substance identified on the MSDS is available upon request. (2) Provision of information on the mixture will be as effective in protecting employee health as information on the ingredients. (3) The hazardous substances in the mixture are identified on the MSDS unless it is either unfeasible to describe all the ingredients in the mixture or the identity of the ingredients is itself a valid trade secret, in either case the reason why the hazardous substances in the mixture are not identified shall be stated on the MSDS. (b) A single mixture MSDS may be provided for more than one formulation of a product mixture if the information provided pursuant to Section 6390 does not vary for the formulation. (Added by Stats. 1980, Ch. 874. Became operative on date prescribed in Section 6399.2.)
  174. 6396.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 4. Duties [6390 - 6399.2] ( Article 4 added by Stats. 1980, Ch. 874. )

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    This section requires the Director of Industrial Relations to protect certain trade secrets from disclosure and limits who may receive protected information.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 4. Duties [6390 - 6399.2] ( Article 4 added by Stats. 1980, Ch. 874. ) ## 6396. (a) The Director of Industrial Relations shall protect from disclosure any and all trade secrets coming into the director’s possession, as defined in subdivision (f) of Section 7924.510 of the Government Code, when requested in writing or by appropriate stamping or marking of documents by the manufacturer or producer of a mixture. (b) Any information reported to or otherwise obtained by the Director of Industrial Relations, or any of the director’s representatives or employees, which is exempt from disclosure under subdivision (a), shall not be disclosed to anyone except an officer or employee of the state or of the United States of America, in connection with the official duties of that officer or employee under any law for the protection of health, or to contractors with the state and their employees if in the opinion of the director the disclosure is necessary and required for the satisfactory performance of a contract for performance of work in connection with this act. (c) Any officer or employee of the state, or former officer or employee, who by virtue of that employment or official position has obtained possession of or has access to material the disclosure of which is prohibited by this section, and who, knowing that disclosure of the material is prohibited, knowingly and willfully discloses the material in any manner to any person not entitled to receive it, is guilty of a misdemeanor. Any contractor with the state and any employee of that contractor, who has been furnished information as authorized by this section, shall be considered to be an employee of the state for purposes of this section. (d) Information certified to by appropriate officials of the United States, as necessarily kept secret for national defense purposes, shall be accorded the full protections against disclosure as specified by that official or in accordance with the laws of the United States. (e) (1) The director, upon the director’s own initiative, or upon receipt of a request pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), for the release of data submitted and designated as a trade secret by an employer, manufacturer, or producer of a mixture, shall determine whether any or all of the data so submitted are a properly designated trade secret. (2) If the director determines that the data is not a trade secret, the director shall notify the employer, manufacturer, or producer of a mixture by certified mail. (3) The employer, manufacturer, or producer of a mixture shall have 15 days after receipt of notification to provide the director with a complete justification and statement of the grounds on which the trade secret privilege is claimed. This justification and statement shall be submitted by certified mail. (4) The director shall determine whether the data are protected as a trade secret within 15 days after receipt of the justification and statement, or if no justification and statement is filed, within 30 days of the original notice, and shall notify the employer or manufacturer and any party who has requested the data pursuant to the California Public Records Act of that determination by certified mail. If the director determines that the data are not protected as a trade secret, the final notice shall also specify a date, not sooner than 15 days after the date of mailing of the final notice, when the data shall be available to the public. (5) Prior to the date specified in the final notice, an employer, manufacturer, or producer of a mixture may institute an action in an appropriate superior court for a declaratory judgment as to whether the data are subjected to protection under subdivision (a). (f) This section does not authorize a manufacturer to refuse to disclose information required pursuant to this chapter to the director. (Amended by Stats. 2021, Ch. 615, Sec. 326. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  175. 6397.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 4. Duties [6390 - 6399.2] ( Article 4 added by Stats. 1980, Ch. 874. )

    Verify source ↗

    Some sellers of mixtures or hazardous substances must give direct purchasers the latest MSDS or equivalent information at the time of sale when the chapter may apply to the purchaser.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 4. Duties [6390 - 6399.2] ( Article 4 added by Stats. 1980, Ch. 874. ) ## 6397. (a) Any person other than a manufacturer who sells a mixture or any hazardous substance shall provide its direct purchasers of the mixture or hazardous substance at the time of sale with a copy of the most recent MSDS or equivalent information prepared and supplied to the person pursuant to either Section 6390 or subdivision (b) whenever it is foreseeable that the provisions of this chapter may apply to the purchaser. (b) Any person who produces a mixture may, for the purposes of this section, prepare and use a mixture MSDS, subject to the provisions of Section 6395. (c) Any person subject to the provisions of subdivision (a) shall be relieved of the obligation to provide a specific purchaser of a hazardous substance with an MSDS if he or she has a record of having provided the specific purchaser with the most recent version of the MSDS, or if the product is one sold at retail and is incidentally sold to an employer or the employer’s employees, in the same form, approximate amount, concentration, and manner as it is sold to consumers, and, to the seller’s knowledge, employee exposure to the product is not significantly greater than the consumer exposure occurring during the principal consumer use of the product. (Amended by Stats. 1991, Ch. 274, Sec. 4.)
  176. 6398.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 4. Duties [6390 - 6399.2] ( Article 4 added by Stats. 1980, Ch. 874. )

    Verify source ↗

    The Standards Board must adopt a standard on employer duties, and employers must provide hazardous-substance/MSDS information and inform employees of their rights.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 4. Duties [6390 - 6399.2] ( Article 4 added by Stats. 1980, Ch. 874. ) ## 6398. The Occupational Safety and Health Standards Board shall adopt a standard setting forth an employer’s duties toward its employees under this chapter, on or before July 1, 1981, consistent with the following guidelines: (a) An MSDS shall be available to an employee, collective bargaining representative, or the employee’s physician, on a timely and reasonable basis, on substances in the workplace. (b) Employers shall furnish employees who may be exposed to a hazardous substance with information on the contents of the MSDS for the hazardous substances or equivalent information, either in written form or through training programs, which may be generic to the extent appropriate and related to the job. (c) Provision shall be made for employees to be informed of their rights under this chapter and under the standard to be adopted. (Added by Stats. 1980, Ch. 874. Became operative on date prescribed in Section 6399.2.)
  177. 6398.5.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 4. Duties [6390 - 6399.2] ( Article 4 added by Stats. 1980, Ch. 874. )

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    An employer covered by the safety data sheet rule must also make certain printable product information readily available in the workplace.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 4. Duties [6390 - 6399.2] ( Article 4 added by Stats. 1980, Ch. 874. ) ## 6398.5. An employer that is required to maintain safety data sheets and ensure that those safety data sheets are readily accessible in accordance with this chapter and Section 5194 of Title 8 of the California Code of Regulations shall, in the same manner and to the same persons, make readily available the printable information described in subdivision (c) of Section 108954.5 of the Health and Safety Code for designated products, as defined in subdivision (f) of Section 108952 of the Health and Safety Code, in the workplace. (Added by Stats. 2017, Ch. 830, Sec. 2. (SB 258) Effective January 1, 2018.)
  178. 6399.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 4. Duties [6390 - 6399.2] ( Article 4 added by Stats. 1980, Ch. 874. )

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    This section requires manufacturers or certain mixture producers to provide an MSDS to employers on request, and requires employers and manufacturers to answer related MSDS inquiries within set time limits.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 4. Duties [6390 - 6399.2] ( Article 4 added by Stats. 1980, Ch. 874. ) ## 6399. Upon request, the manufacturer of a hazardous substance or the producer of a mixture who has produced a mixture MSDS pursuant to the provisions of subdivision (b) of Section 6397 shall make available to any employer, whose employees may be exposed to its product in the workplace, an MSDS on its product. If the employer does not already have an MSDS and has not already made written inquiry within 12 months as to whether a substance or product is subject to the requirements of this chapter or if the employer has not already made written inquiry within 6 months as to whether any new, revised, or later information has been issued for a hazardous substance, the employer shall do so within seven working days of a request to do so by an employee or employee’s collective bargaining representative or physician. The employer may adopt reasonable procedures for acting upon such employee requests to avoid interruption of normal work operations. The manufacturer or the producer of a mixture MSDS pursuant to the provisions of Section 6397 shall answer such inquiries within 15 working days of their receipt, stating that the substance or product is subject to the requirements of this chapter and furnishing the most current MSDS or a statement that the MSDS is under development and the estimated completion date, or stating that it is not subject to the requirements of this chapter, with a brief explanation of why the chapter is not applicable. If an employer has not received a response from a manufacturer within 25 working days of the date the request was made, the employer shall send a copy of the request made of the manufacturer to the director with the notation that no response has been received. (Added by Stats. 1980, Ch. 874. Became operative on date prescribed in Section 6399.2.)
  179. 6399.1.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 4. Duties [6390 - 6399.2] ( Article 4 added by Stats. 1980, Ch. 874. )

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    An employer is treated as complying with this chapter’s employee obligations if it complies with the Director of Food and Agriculture’s regulations under Food and Agricultural Code Section 12981.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 4. Duties [6390 - 6399.2] ( Article 4 added by Stats. 1980, Ch. 874. ) ## 6399.1. Compliance with regulations of the Director of Food and Agriculture issued pursuant to Section 12981 of the Food and Agricultural Code shall be deemed compliance with the obligations of an employer toward his or her employees under this chapter. (Added by Stats. 1980, Ch. 874. Became operative on date prescribed in Section 6399.2. Note: See this section as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.)
  180. 6399.2.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 4. Duties [6390 - 6399.2] ( Article 4 added by Stats. 1980, Ch. 874. )

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    Article 4 starts 180 days after the initial list of hazardous substances is adopted.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 4. Duties [6390 - 6399.2] ( Article 4 added by Stats. 1980, Ch. 874. ) ## 6399.2. This article shall become operative 180 days after adoption of the initial list of hazardous substances pursuant to Article 3 (commencing with Section 6380). (Added by Stats. 1980, Ch. 874. Note: This section prescribes a delayed operative date for Article 4, commencing with Section 6390.)
  181. 6399.5.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 5. Liability and Remedies [6399.5 - 6399.7] ( Article 5 added by Stats. 1980, Ch. 874. )

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    This section says the chapter’s provisions for manufacturers, employers, and persons subject to Section 6397 are enforced under the division’s enforcement rules for standards adopted under Section 142.3.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 5. Liability and Remedies [6399.5 - 6399.7] ( Article 5 added by Stats. 1980, Ch. 874. ) ## 6399.5. The provisions of this chapter regarding manufacturers, employers, and persons subject to the provisions of Section 6397, shall be enforced pursuant to the provisions of this division pertaining to enforcement of standards adopted under Section 142.3. (Added by Stats. 1980, Ch. 874.)
  182. 6399.6.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 5. Liability and Remedies [6399.5 - 6399.7] ( Article 5 added by Stats. 1980, Ch. 874. )

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    Providing information to an employee under this chapter does not change an employer’s other safety-related liability, or a manufacturer/producer/maker’s separate duty to warn users.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 5. Liability and Remedies [6399.5 - 6399.7] ( Article 5 added by Stats. 1980, Ch. 874. ) ## 6399.6. The provision of information to an employee pursuant to the provisions of this chapter shall not in any way affect any other liability of an employer with regard to safeguarding the health and safety of an employee or other persons exposed to a toxic or hazardous substance; nor shall it affect any other duty or responsibility of a manufacturer, producer, or other maker to warn ultimate users of a substance pursuant to other provisions of law. (Added by Stats. 1980, Ch. 874.)
  183. 6399.7.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 5. Liability and Remedies [6399.5 - 6399.7] ( Article 5 added by Stats. 1980, Ch. 874. )

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    No person may fire, discriminate against, or reduce pay or benefits for an employee because the employee filed or helped with a complaint or proceeding, testified, or exercised a right under this chapter.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 2.5. Hazardous Substances Information and Training [6360 - 6399.7] ( Chapter 2.5 added by Stats. 1980, Ch. 874. ) ## ARTICLE 5. Liability and Remedies [6399.5 - 6399.7] ( Article 5 added by Stats. 1980, Ch. 874. ) ## 6399.7. No person shall discharge or in any manner discriminate against, any employee because such employee has filed any complaint or has instituted, or caused to be instituted, any proceeding under or related to the provisions of this chapter, or has testified, or is about to testify, in any such proceeding, or because of the exercise of any right afforded pursuant to the provisions of this chapter on such employee’s behalf or on behalf of others, nor shall any pay, seniority, or other benefits be lost for exercise of any such right. A violation of the provisions of this section shall be a violation of the provisions of Section 6310. Notwithstanding Section 6303 or other law, as used in this section, “employee” includes a domestic work employee, except for a person who performs household domestic service that is publicly funded, including publicly funded household domestic service provided to a recipient, client, or beneficiary with a share of cost in that service. (Amended by Stats. 2020, Ch. 288, Sec. 4. (AB 2658) Effective January 1, 2021.)
  184. 64.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    The Labor Commissioner may make reciprocal agreements with other states’ labor agencies to help collect assigned wage-related claims or judgments in those states.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 64. The Labor Commissioner may enter into reciprocal agreements with the labor department or corresponding agency of any other state or with the person, board, officer, or commission authorized to act for and on behalf of that department or agency, for the collection in that other state of claims or judgments for wages and other demands based upon claims previously assigned to the Division of Labor Standards Enforcement. (Amended by Stats. 1988, Ch. 96, Sec. 1.)
  185. 64.5.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    When the State Board of Equalization requests it, the department may allow an authorized representative to send records information showing a retail establishment may be operating without a required seller’s permit.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Powers and Duties [50 - 64.5] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 64.5. When requested by the State Board of Equalization, the department may permit any duly authorized representative of that agency to transmit to the State Board of Equalization information available in the department’s records that indicates a retail establishment is operating without a seller’s permit required by the State Board of Equalization, to assist the State Board of Equalization in determining compliance with the Sales and Use Tax Law (Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code). (Added by Stats. 2008, Ch. 306, Sec. 1. Effective January 1, 2009.)
  186. 6400.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 3. Responsibilities and Duties of Employers and Employees [6400 - 6413.5] ( Chapter 3 repealed and added by Stats. 1973, Ch. 993. )

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    Every employer must provide employment and a workplace that is safe and healthful.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 3. Responsibilities and Duties of Employers and Employees [6400 - 6413.5] ( Chapter 3 repealed and added by Stats. 1973, Ch. 993. ) ## 6400. (a) Every employer shall furnish employment and a place of employment that is safe and healthful for the employees therein. (b) On multiemployer worksites, both construction and nonconstruction, citations may be issued only to the following categories of employers when the division has evidence that an employee was exposed to a hazard in violation of any requirement enforceable by the division: (1) The employer whose employees were exposed to the hazard (the exposing employer). (2) The employer who actually created the hazard (the creating employer). (3) The employer who was responsible, by contract or through actual practice, for safety and health conditions on the worksite, which is the employer who had the authority for ensuring that the hazardous condition is corrected (the controlling employer). (4) The employer who had the responsibility for actually correcting the hazard (the correcting employer). The employers listed in paragraphs (2) to (4), inclusive, of this subdivision may be cited regardless of whether their own employees were exposed to the hazard. (c) It is the intent of the Legislature, in adding subdivision (b) to this section, to codify existing regulations with respect to the responsibility of employers at multiemployer worksites. Subdivision (b) of this section is declaratory of existing law and shall not be construed or interpreted as creating a new law or as modifying or changing an existing law. (Amended by Stats. 1999, Ch. 615, Sec. 4. Effective January 1, 2000.)
  187. 6401.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 3. Responsibilities and Duties of Employers and Employees [6400 - 6413.5] ( Chapter 3 repealed and added by Stats. 1973, Ch. 993. )

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    Every employer must provide and use safety devices and other safeguards, and take reasonably necessary steps to keep the workplace safe and healthful.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 3. Responsibilities and Duties of Employers and Employees [6400 - 6413.5] ( Chapter 3 repealed and added by Stats. 1973, Ch. 993. ) ## 6401. Every employer shall furnish and use safety devices and safeguards, and shall adopt and use practices, means, methods, operations, and processes which are reasonably adequate to render such employment and place of employment safe and healthful. Every employer shall do every other thing reasonably necessary to protect the life, safety, and health of employees. (Repealed and added by Stats. 1973, Ch. 993.)
  188. 6401.5.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 3. Responsibilities and Duties of Employers and Employees [6400 - 6413.5] ( Chapter 3 repealed and added by Stats. 1973, Ch. 993. )

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    Salvage of materials is not permitted while demolition is in progress on certain tall buildings or structures.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 3. Responsibilities and Duties of Employers and Employees [6400 - 6413.5] ( Chapter 3 repealed and added by Stats. 1973, Ch. 993. ) ## 6401.5. No salvage of materials shall be permitted while demolition is in progress on any building, structure, falsework, or scaffold more than three stories high or the equivalent height for which a permit is required under subdivision (c) of Section 6500. For this purpose salvage does not include removal of material from premises solely for the purpose of clearing the area to facilitate the continuation of the demolition. (Added by Stats. 1976, Ch. 33.)
  189. 6401.7.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 3. Responsibilities and Duties of Employers and Employees [6400 - 6413.5] ( Chapter 3 repealed and added by Stats. 1973, Ch. 993. )

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    Employers must create and maintain an injury prevention program, train workers, and keep records; regulators and insurers also have related duties and powers.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 3. Responsibilities and Duties of Employers and Employees [6400 - 6413.5] ( Chapter 3 repealed and added by Stats. 1973, Ch. 993. ) ## 6401.7. (a) Every employer shall establish, implement, and maintain an effective injury prevention program. The program shall be written, except as provided in subdivision (e), and shall include, but not be limited to, the following elements: (1) Identification of the person or persons responsible for implementing the program. (2) The employer’s system for identifying and evaluating workplace hazards, including scheduled periodic inspections to identify unsafe conditions and work practices. (3) The employer’s methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner. (4) An occupational health and safety training program designed to instruct employees in general safe and healthy work practices and to provide specific instruction with respect to hazards specific to each employee’s job assignment. (5) The employer’s system for communicating with employees on occupational health and safety matters, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal. (6) The employer’s system for ensuring that employees comply with safe and healthy work practices, which may include disciplinary action. (7) A workplace violence prevention plan conforming to the requirements of Section 6401.9. (b) The employer shall correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard. (c) The employer shall train all employees when the training program is first established, all new employees, and all employees given a new job assignment, and shall train employees whenever new substances, processes, procedures, or equipment are introduced to the workplace and represent a new hazard, and whenever the employer receives notification of a new or previously unrecognized hazard. An employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use employee training provided to the employer’s employees under a construction industry occupational safety and health training program approved by the division to comply with the requirements of subdivision (a) relating to employee training, and shall only be required to provide training on hazards specific to an employee’s job duties. (d) The employer shall keep appropriate records of steps taken to implement and maintain the program. An employer in the construction industry who is required to be licensed under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code may use records relating to employee training provided to the employer in connection with an occupational safety and health training program approved by the division to comply with this subdivision, and shall only be required to keep records of those steps taken to implement and maintain the program with respect to hazards specific to an employee’s job duties. (e) (1) The standards board shall adopt a standard setting forth the employer’s duties under this section, on or before January 1, 1991, consistent with the requirements specified in subdivisions (a), (b), (c), and (d). The standards board, in adopting the standard, shall include substantial compliance criteria for use in evaluating an employer’s injury prevention program. The board may adopt less stringent criteria for employers with few employees and for employers in industries with insignificant occupational safety or health hazards. (2) Notwithstanding subdivision (a), for employers with fewer than 20 employees who are in industries that are not on a designated list of high hazard industries and who have a workers’ compensation experience modification rate of 1.1 or less, and for any employers with fewer than 20 employees who are in industries that are on a designated list of low hazard industries, the board shall adopt a standard setting forth the employer’s duties under this section consistent with the requirements specified in subdivisions (a), (b), and (c), except that the standard shall only require written documentation to the extent of documenting the person or persons responsible for implementing the program pursuant to paragraph (1) of subdivision (a), keeping a record of periodic inspections pursuant to paragraph (2) of subdivision (a), and keeping a record of employee training pursuant to paragraph (4) of subdivision (a). To any extent beyond the specifications of this subdivision, the standard shall not require the employer to keep the records specified in subdivision (d). (3) (A) The division shall establish a list of high hazard industries using the methods prescribed in Section 6314.1 for identifying and targeting employers in high hazard industries. For purposes of this subdivision, the “designated list of high hazard industries” shall be the list established pursuant to this paragraph. (B) For the purpose of implementing this subdivision, the Department of Industrial Relations shall periodically review, and as necessary revise, the list. (4) For the purpose of implementing this subdivision, the Department of Industrial Relations shall also establish a list of low hazard industries, and shall periodically review, and as necessary revise, that list. (f) The standard adopted pursuant to subdivision (e) shall specifically permit employer and employee occupational safety and health committees to be included in the employer’s injury prevention program. The board shall establish criteria for use in evaluating employer and employee occupational safety and health committees. The criteria shall include minimum duties, including the following: (1) Review of the employer’s periodic, scheduled worksite inspections; investigation of causes of incidents resulting in injury, illness, or exposure to hazardous substances; and investigation of any alleged hazardous condition brought to the attention of any committee member. When determined necessary by the committee, the committee may conduct its own inspections and investigations. (2) (A) Upon request from the division, verification of abatement action taken by the employer as specified in division citations. (B) If an employer’s occupational safety and health committee meets the criteria established by the board, it shall be presumed to be in substantial compliance with paragraph (5) of subdivision (a). (g) The division shall adopt regulations specifying the procedures for selecting employee representatives for employer-employee occupational health and safety committees when these procedures are not specified in an applicable collective bargaining agreement. No employee or employee organization shall be held liable for any act or omission in connection with a health and safety committee. (h) The employer’s injury prevention program, as required by this section, shall cover all of the employer’s employees and all other workers who the employer controls or directs and directly supervises on the job to the extent these workers are exposed to worksite and job assignment specific hazards. Nothing in this subdivision shall affect the obligations of a contractor or other employer that controls or directs and directly supervises its own employees on the job. (i) When a contractor supplies its employee to a state agency employer on a temporary basis, the state agency employer may assess a fee upon the contractor to reimburse the state agency for the additional costs, if any, of including the contract employee within the state agency’s injury prevention program. (j) (1) The division shall prepare a Model Injury and Illness Prevention Program for Non-High-Hazard Employment, and shall make copies of the model program prepared pursuant to this subdivision available to employers, upon request, for posting in the workplace. An employer who adopts and implements the model program prepared by the division pursuant to this paragraph in good faith shall not be assessed a civil penalty for the first citation for a violation of this section issued after the employer’s adoption and implementation of the model program. (2) For purposes of this subdivision, the division shall establish a list of non-high-hazard industries in California. These industries, identified by their Standard Industrial Classification Codes, as published by the United States Office of Management and Budget in the Manual of Standard Industrial Classification Codes, 1987 Edition, are apparel and accessory stores (Code 56), eating and drinking places (Code 58), miscellaneous retail (Code 59), finance, insurance, and real estate (Codes 60–67), personal services (Code 72), business services (Code 73), motion pictures (Code 78) except motion picture production and allied services (Code 781), legal services (Code 81), educational services (Code 82), social services (Code 83), museums, art galleries, and botanical and zoological gardens (Code 84), membership organizations (Code 86), engineering, accounting, research, management, and related services (Code 87), private households (Code 88), and miscellaneous services (Code 89). To further identify industries that may be included on the list, the division shall also consider data from a rating organization, as defined in Section 11750.1 of the Insurance Code, and all other appropriate information. The list shall be established by June 30, 1994, and shall be reviewed, and as necessary revised, biennially. (3) The division shall prepare a Model Injury and Illness Prevention Program for Employers with Seasonal or Intermittent Workers, and shall determine which industries have historically utilized seasonal or intermittent employees. An employer in an industry determined by the division to have historically utilized seasonal or intermittent employees shall be deemed to have complied with the requirements of subdivision (a) with respect to a written injury prevention program if the employer adopts the model program prepared by the division pursuant to this paragraph and complies with any instructions relating thereto. (k) With respect to any county, city, city and county, or district, or any public or quasi-public corporation or public agency therein, including any public entity, other than a state agency, that is a member of, or created by, a joint powers agreement, subdivision (d) shall not apply. (l) Every workers’ compensation insurer shall conduct a review, including a written report as specified below, of the injury and illness prevention program (IIPP) of each of its insureds with an experience modification of 2.0 or greater within six months of the commencement of the initial insurance policy term. The review shall determine whether the insured has implemented all of the required components of the IIPP, and evaluate their effectiveness. The training component of the IIPP shall be evaluated to determine whether training is provided to line employees, supervisors, and upper level management, and effectively imparts the information and skills each of these groups needs to ensure that all of the insured’s specific health and safety issues are fully addressed by the insured. The reviewer shall prepare a detailed written report specifying the findings of the review and all recommended changes deemed necessary to make the IIPP effective. The reviewer shall be or work under the direction of a licensed California professional engineer, certified safety professional, or a certified industrial hygienist. (Amended by Stats. 2024, Ch. 80, Sec. 100. (SB 1525) Effective January 1, 2025.)
  190. 6401.8.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 3. Responsibilities and Duties of Employers and Employees [6400 - 6413.5] ( Chapter 3 repealed and added by Stats. 1973, Ch. 993. )

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    Hospitals covered by this section must adopt and maintain workplace violence prevention and weapons-screening measures, report violent incidents, and post required notices and reports; the standards board and division have related rulemaking and reporting duties.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 3. Responsibilities and Duties of Employers and Employees [6400 - 6413.5] ( Chapter 3 repealed and added by Stats. 1973, Ch. 993. ) ## 6401.8. (a) The standards board, no later than July 1, 2016, shall adopt standards developed by the division that require a hospital licensed pursuant to subdivision (a), (b), or (f) of Section 1250 of the Health and Safety Code, except as exempted by subdivision (e), to adopt a workplace violence prevention plan as a part of its injury and illness prevention plan to protect health care workers and other facility personnel from aggressive and violent behavior. (b) The standards adopted pursuant to subdivision (a) shall include all of the following: (1) A requirement that the workplace violence prevention plan be in effect at all times in all patient care units, including inpatient and outpatient settings and clinics on the hospital’s license. (2) A definition of workplace violence that includes, but is not limited to, both of the following: (A) The use of physical force against a hospital employee by a patient or a person accompanying a patient that results in, or has a high likelihood of resulting in, injury, psychological trauma, or stress, regardless of whether the employee sustains an injury. (B) An incident involving the use of a firearm or other dangerous weapon, regardless of whether the employee sustains an injury. (3) A requirement that a workplace violence prevention plan include, but not be limited to, all of the following: (A) Personnel education and training policies that require all health care workers who provide direct care to patients to, at least annually, receive education and training that is designed to provide an opportunity for interactive questions and answers with a person knowledgeable about the workplace violence prevention plan. The education and training shall cover topics that include, but are not limited to, the following topics: (i) How to recognize potential for violence, and when and how to seek assistance to prevent or respond to violence. (ii) How to report violent incidents to law enforcement. (iii) Any resources available to employees for coping with incidents of violence, including, but not limited to, critical incident stress debriefing or employee assistance programs. (B) A system for responding to, and investigating violent incidents and situations involving violence or the risk of violence. (C) A system to, at least annually, assess and improve upon factors that may contribute to, or help prevent workplace violence, including, but not limited to, the following factors: (i) Staffing, including staffing patterns and patient classification systems that contribute to, or are insufficient to address, the risk of violence. (ii) Sufficiency of security systems, including alarms, emergency response, and security personnel availability. (iii) Job design, equipment, and facilities. (iv) Security risks associated with specific units, areas of the facility with uncontrolled access, late-night or early morning shifts, and employee security in areas surrounding the facility such as employee parking areas. (4) A requirement that all workplace violence prevention plans be developed in conjunction with affected employees, including their recognized collective bargaining agents, if any. (5) A requirement that all temporary personnel be oriented to the workplace violence prevention plan. (6) Provisions prohibiting hospitals from disallowing an employee from, or taking punitive or retaliatory action against an employee for, seeking assistance and intervention from local emergency services or law enforcement when a violent incident occurs. (7) A requirement that hospitals document, and retain for a period of five years, a written record of any violent incident against a hospital employee, regardless of whether the employee sustains an injury, and regardless of whether the report is made by the employee who is the subject of the violent incident or any other employee. (8) A requirement that a hospital report violent incidents to the division. If the incident results in injury, involves the use of a firearm or other dangerous weapon, or presents an urgent or emergent threat to the welfare, health, or safety of hospital personnel, the hospital shall report the incident to the division within 24 hours. All other incidents of violence shall be reported to the division within 72 hours. (c) The standards board shall, by March 1, 2027, amend the standards adopted pursuant to subdivision (a) to include all of the following: (1) (A) A requirement that a hospital implement a weapons detection screening policy that requires the use of weapons detection devices that automatically screen a person’s body, as described in clause (iii), at the hospital’s main public entrance, at the entrance to the hospital’s emergency department, and at the hospital’s labor and delivery entrance if separately accessible to the public. (i) For purposes of this paragraph, a weapons detection screening policy shall include security mechanisms, devices, or technology designed to screen and identify instruments capable of inflicting death or serious bodily injury. (ii) The use of handheld metal detector wands, while they may be used in connection with other weapons detection devices, may not be the sole equipment used. This clause does not apply to the following: (I) Small and rural hospitals. (II) Entrances with existing spacing limitations where the use of a weapons detection device other than a handheld metal detector wand would result in a violation of the standards in Title 24 of the California Code of Regulations. (III) Hospitals that exclusively provide extended hospital care to patients with complex medical and rehabilitative needs, such as hospitals that are currently federally certified as long-term care hospitals or inpatient rehabilitation facilities. (iii) The standards board shall define the list of applicable security mechanisms, devices, or technologies that meet the standard in this subparagraph. (B) For purposes of this paragraph, the following definitions shall apply: (i) “Main public entrance” means a singular entrance, as designated by the hospital, that serves as the primary point of access that patients and visitors use to enter the main hospital building. (ii) “Small and rural hospital” has the same meaning as in subdivision (d) of Section 130076 of the Health and Safety Code for purposes of the Small and Rural Hospital Relief Program. (C) The requirement described in this paragraph may not apply to the ambulance entrance. (2) (A) A requirement that a hospital assign appropriate personnel, other than a health care provider, who meet training standards described in subparagraph (C), to implement the weapon detection screening policy, including the monitoring and operation of the weapons detection devices at each specified public entrance at all times the entrance is open to the public. (B) A “health care provider” includes any health care professional licensed under Division 2 (commencing with Section 500) of the Business and Professions Code. (C) (i) A hospital shall implement training for personnel responsible for implementing the weapons detection screening policy that includes a minimum of eight hours of training on all of the following: (I) The hospital’s policies and procedures on how to respond if a dangerous weapon is detected at the point of screening. (II) How to operate the hospital’s weapons detection devices. (III) De-escalation. (IV) Implicit bias. (ii) A hospital shall determine how the training described in this subparagraph is satisfied. The training topics described in clause (i) may be satisfied individually and on separate occasions or through one comprehensive training course, provided that the total amount of training received meets the minimum amount of time required in this subparagraph. (D) No one other than trained personnel who have completed the requirements in subparagraph (C) shall search personal belongings at any hospital entrance or confiscate weapons if the hospital’s policies include weapons confiscation by trained personnel. (3) (A) A provision permitting a hospital to exclude current hospital employees or health care providers who enter a hospital wearing an identification badge bearing their name and title from undergoing weapons detection screening as described in subparagraph (A) of paragraph (1) of this subdivision. (B) A requirement that the weapons detection screening policy include reasonable protocols addressing how the hospital will respond if a dangerous weapon is detected and reasonable protocols for alternative search and screening for patients, family, or visitors who refuse to undergo weapons detection device screening. (C) If an individual triggers the weapons detection device, the individual shall have the right to leave the facility with the object and the right to return without the object and without being denied entry to the facility solely for the reason of previously possessing the detected object. (4) A requirement that a hospital post, in a conspicuous location in a size and manner determined by the standards board, within reasonable proximity of any public entrances where weapons detection devices are utilized, a notice advising the public that the hospital conducts screenings for weapons upon entry but that no person shall be refused medical care, pursuant to the federal Emergency Medical Treatment and Active Labor Act (EMTALA). (5) The division shall set an effective date that is no longer than 90 days after the standard is adopted for hospitals to comply with the requirements of this subdivision. (d) By January 1, 2017, and annually thereafter, the division, in a manner that protects patient and employee confidentiality, shall post a report on its internet website containing information regarding violent incidents at hospitals, that includes, but is not limited to, the total number of reports, and which specific hospitals filed reports, pursuant to paragraph (8) of subdivision (b), the outcome of any related inspection or investigation, the citations levied against a hospital based on a violent incident, and recommendations of the division on the prevention of violent incidents at hospitals. (e) This section shall not apply to a hospital operated by the State Department of State Hospitals, the State Department of Developmental Services, or the Department of Corrections and Rehabilitation. (f) This section does not limit the authority of the standards board to adopt standards to protect employees from workplace violence. Nothing in this section shall be interpreted to preclude the standards board from adopting standards that require other employers, including, but not limited to, employers exempted from this section by subdivision (e), to adopt plans to protect employees from workplace violence. Nothing in this section shall be interpreted to preclude the standards board from adopting standards that require an employer subject to this section, or any other employer, to adopt a workplace violence prevention plan that includes elements or requirements additional to, or broader in scope than, those described in this section. (Amended by Stats. 2025, Ch. 241, Sec. 22. (SB 857) Effective January 1, 2026.)
  191. 6401.9.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 3. Responsibilities and Duties of Employers and Employees [6400 - 6413.5] ( Chapter 3 repealed and added by Stats. 1973, Ch. 993. )

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    Employers covered by this section must have a written workplace violence prevention plan, train employees, keep records, and log workplace violence incidents.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 3. Responsibilities and Duties of Employers and Employees [6400 - 6413.5] ( Chapter 3 repealed and added by Stats. 1973, Ch. 993. ) ## 6401.9. (a) For purposes of this section, the following definitions apply: (1) “Emergency” means unanticipated circumstances that can be life threatening or pose a risk of significant injuries to employees or other persons. (2) “Engineering controls” mean an aspect of the built space or a device that removes a hazard from the workplace or creates a barrier between the worker and the hazard. (3) “Log” means the violent incident log required by this section. (4) “Plan” means the workplace violence prevention plan required by this section. (5) “Threat of violence” means any verbal or written statement, including, but not limited to, texts, electronic messages, social media messages, or other online posts, or any behavioral or physical conduct, that conveys an intent, or that is reasonably perceived to convey an intent, to cause physical harm or to place someone in fear of physical harm, and that serves no legitimate purpose. (6) (A) “Workplace violence” means any act of violence or threat of violence that occurs in a place of employment. (B) “Workplace violence” includes, but is not limited to, the following: (i) The threat or use of physical force against an employee that results in, or has a high likelihood of resulting in, injury, psychological trauma, or stress, regardless of whether the employee sustains an injury. (ii) An incident involving a threat or use of a firearm or other dangerous weapon, including the use of common objects as weapons, regardless of whether the employee sustains an injury. (iii) The following four workplace violence types: (I) “Type 1 violence,” which means workplace violence committed by a person who has no legitimate business at the worksite, and includes violent acts by anyone who enters the workplace or approaches workers with the intent to commit a crime. (II) “Type 2 violence,” which means workplace violence directed at employees by customers, clients, patients, students, inmates, or visitors. (III) “Type 3 violence,” which means workplace violence against an employee by a present or former employee, supervisor, or manager. (IV) “Type 4 violence,” which means workplace violence committed in the workplace by a person who does not work there, but has or is known to have had a personal relationship with an employee. (C) “Workplace violence” does not include lawful acts of self-defense or defense of others. (7) “Work practice controls” means procedures and rules which are used to effectively reduce workplace violence hazards. (b) (1) Except as provided in paragraph (2), this section applies to all employers, employees, places of employment, and employer-provided housing. (2) Subject to paragraph (3), the following employers, employees, and places of employment are exempt from this section: (A) Health care facilities, service categories, and operations covered by Section 3342 of Title 8 of the California Code of Regulations. (B) Employers that comply with Section 3342 of Title 8 of the California Code of Regulations. (C) Facilities operated by the Department of Corrections and Rehabilitation, if the facilities are in compliance with Section 3203 of Title 8 of the California Code of Regulations. (D) Employers that are law enforcement agencies that are a “department or participating department,” as defined in Section 1001 of Title 11 of the California Code of Regulations and that have received confirmation of compliance with the Commission on Peace Officer Standards and Training (POST) Program from the POST Executive Director in accordance with Section 1010 of Title 11 of the California Code of Regulations. However, an employer shall be exempt pursuant to this subparagraph only if all facilities operated by the agency are in compliance with Section 3203 of Title 8 of the California Code of Regulations. (E) Employees teleworking from a location of the employee’s choice, which is not under the control of the employer. (F) Places of employment where there are less than 10 employees working at the place at any given time and that are not accessible to the public, if the places are in compliance with Section 3203 of Title 8 of the California Code of Regulations. (3) Notwithstanding paragraph (1), the division may, by issuance of an order to take special action, require an employer that is exempt pursuant to paragraph (1) to comply with this section or require an employer to include employees or places of employment that are exempt pursuant to paragraph (1) in their compliance with this section. (c) (1) (A) An employer shall establish, implement, and maintain an effective workplace violence prevention plan. (B) The plan shall be in writing and shall be available and easily accessible to employees, authorized employee representatives, and representatives of the division at all times. The plan shall be in effect at all times and in all work areas and be specific to the hazards and corrective measures for each work area and operation. The written plan may be incorporated as a stand-alone section in the written injury and illness prevention program required by Section 3203 of Title 8 of the California Code of Regulations or maintained as a separate document. (2) The plan shall include all of the following: (A) Names or job titles of the persons responsible for implementing the plan. If there are multiple persons responsible for the plan, their roles shall be clearly described. (B) Effective procedures to obtain the active involvement of employees and authorized employee representatives in developing and implementing the plan, including, but not limited to, through their participation in identifying, evaluating, and correcting workplace violence hazards, in designing and implementing training, and in reporting and investigating workplace violence incidents. (C) Methods the employer will use to coordinate implementation of the plan with other employers, when applicable, to ensure that those employers and employees understand their respective roles, as provided in the plan. These methods shall ensure that all employees are provided the training required by subdivision (e) and that workplace violence incidents involving any employee are reported, investigated, and recorded. (D) Effective procedures for the employer to accept and respond to reports of workplace violence, and to prohibit retaliation against an employee who makes such a report. (E) Effective procedures to ensure that supervisory and nonsupervisory employees comply with the plan in a manner consistent with paragraph (2) of subdivision (a) of Section 3203 of Title 8 of the California Code of Regulations. (F) Effective procedures to communicate with employees regarding workplace violence matters, including, but not limited to, both of the following: (i) How an employee can report a violent incident, threat, or other workplace violence concern to the employer or law enforcement without fear of reprisal. (ii) How employee concerns will be investigated as part of the employer’s responsibility in complying with subparagraph (I), and how employees will be informed of the results of the investigation and any corrective actions to be taken as part of the employer’s responsibility in complying with subparagraph (J). (G) Effective procedures to respond to actual or potential workplace violence emergencies, including, but not limited to, all of the following: (i) Effective means to alert employees of the presence, location, and nature of workplace violence emergencies. (ii) Evacuation or sheltering plans that are appropriate and feasible for the worksite. (iii) How to obtain help from staff assigned to respond to workplace violence emergencies, if any, security personnel, if any, and law enforcement. (H) Procedures to develop and provide the training required in subdivision (e). (I) Procedures to identify and evaluate workplace violence hazards, including, but not limited to, scheduled periodic inspections to identify unsafe conditions and work practices and employee reports and concerns. Inspections shall be conducted when the plan is first established, after each workplace violence incident, and whenever the employer is made aware of a new or previously unrecognized hazard. (J) Procedures to correct workplace violence hazards identified and evaluated in subparagraph (I) in a timely manner consistent with paragraph (6) of subdivision (a) of Section 3203 of Title 8 of the California Code of Regulations. (K) Procedures for postincident response and investigation. (L) Procedures to review the effectiveness of the plan and revise the plan as needed, including, but not limited to, procedures to obtain the active involvement of employees and authorized employee representatives in reviewing the plan. The plan shall be reviewed at least annually, when a deficiency is observed or becomes apparent, and after a workplace violence incident. (M) Procedures or other information required by the division and standards board as being necessary and appropriate to protect the health and safety of employees, pursuant to subdivision (h). (d) (1) (A) The employer shall record information in a violent incident log for every workplace violence incident. (B) Information that is recorded in the log for each incident shall be based on information solicited from the employees who experienced the workplace violence, on witness statements, and on investigation findings. The employer shall omit any element of personal identifying information sufficient to allow identification of any person involved in a violent incident, such as the person’s name, address, electronic mail address, telephone number, social security number, or other information that, alone or in combination with other publicly available information, reveals the person’s identity. The log shall be reviewed during the periodic reviews of the plan required in subparagraph (L) of paragraph (2) of subdivision (c). (C) For purposes of this section, at a multiemployer worksite, the employer or employers whose employees experienced the workplace violence incident shall record the information in a violent incident log pursuant to subparagraph (A) and shall also provide a copy of that log to the controlling employer. (2) The information recorded in the log shall include all of the following: (A) The date, time, and location of the incident. (B) The workplace violence type or types, as described in clause (iii) of subparagraph (B) of paragraph (6) of subdivision (a), involved in the incident. (C) A detailed description of the incident. (D) A classification of who committed the violence, including whether the perpetrator was a client or customer, family or friend of a client or customer, stranger with criminal intent, coworker, supervisor or manager, partner or spouse, parent or relative, or other perpetrator. (E) A classification of circumstances at the time of the incident, including, but not limited to, whether the employee was completing usual job duties, working in poorly lit areas, rushed, working during a low staffing level, isolated or alone, unable to get help or assistance, working in a community setting, or working in an unfamiliar or new location. (F) A classification of where the incident occurred, such as in the workplace, parking lot or other area outside the workplace, or other area. (G) The type of incident, including, but not limited to, whether it involved any of the following: (i) Physical attack without a weapon, including, but not limited to, biting, choking, grabbing, hair pulling, kicking, punching, slapping, pushing, pulling, scratching, or spitting. (ii) Attack with a weapon or object, including, but not limited to, a firearm, knife, or other object. (iii) Threat of physical force or threat of the use of a weapon or other object. (iv) Sexual assault or threat, including, but not limited to, rape, attempted rape, physical display, or unwanted verbal or physical sexual contact. (v) Animal attack. (vi) Other. (H) Consequences of the incident, including, but not limited to: (i) Whether security or law enforcement was contacted and their response. (ii) Actions taken to protect employees from a continuing threat or from any other hazards identified as a result of the incident. (I) Information about the person completing the log, including their name, job title, and the date completed. (e) (1) The employer shall provide effective training to employees, as specified in paragraphs (2) and (3). Training material appropriate in content and vocabulary to the educational level, literacy, and language of employees shall be used. (2) The employer shall provide employees with initial training when the plan is first established, and annually thereafter, on all of the following: (A) The employer’s plan, how to obtain a copy of the employer’s plan at no cost, and how to participate in development and implementation of the employer’s plan. (B) The definitions and requirements of this section. (C) How to report workplace violence incidents or concerns to the employer or law enforcement without fear of reprisal. (D) Workplace violence hazards specific to the employees’ jobs, the corrective measures the employer has implemented, how to seek assistance to prevent or respond to violence, and strategies to avoid physical harm. (E) The violent incident log required by subdivision (d) and how to obtain copies of records required by paragraphs (1) to (3), inclusive, of subdivision (f). (F) An opportunity for interactive questions and answers with a person knowledgeable about the employer’s plan. (3) Additional training shall be provided when a new or previously unrecognized workplace violence hazard has been identified and when changes are made to the plan. The additional training may be limited to addressing the new workplace violence hazard or changes to the plan. (f) (1) Records of workplace violence hazard identification, evaluation, and correction shall be created and maintained for a minimum of five years. (2) Training records shall be created and maintained for a minimum of one year and include training dates, contents or a summary of the training sessions, names and qualifications of persons conducting the training, and names and job titles of all persons attending the training sessions. (3) Violent incident logs required by subdivision (d) shall be maintained for a minimum of five years. (4) Records of workplace violence incident investigations conducted pursuant to subparagraph (K) of paragraph (2) of subdivision (c) shall be maintained for a minimum of five years. These records shall not contain “medical information,” as defined in subdivision (j) of Section 56.05 of the Civil Code. (5) All records required by this subdivision shall be made available to the division upon request for examination and copying. (6) All records required by paragraphs (1) to (3), inclusive, shall be made available to employees and their representatives, upon request and without cost, for examination and copying within 15 calendar days of a request. (g) The division shall enforce this section by the issuance of a citation alleging a violation of this section and a notice of civil penalty in a manner consistent with Section 6317. Any person who receives a citation and penalty may appeal the citation and penalty to the appeals board in a manner consistent with Section 6319. (h) The division shall propose, no later than December 31, 2025, and the standards board shall adopt, no later than December 31, 2026, standards regarding the plan required by this section. The standards shall include, at a minimum, the requirements of this section and any additional requirements the division deems necessary and appropriate to protect the health and safety of employees. (i) Subdivisions (b) to (g), inclusive, shall be operative on and after July 1, 2024. (Added by Stats. 2023, Ch. 289, Sec. 4. (SB 553) Effective January 1, 2024.)
  192. 6402.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 3. Responsibilities and Duties of Employers and Employees [6400 - 6413.5] ( Chapter 3 repealed and added by Stats. 1973, Ch. 993. )

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    An employer must not require or allow an employee to work in a place of employment that is not safe and healthful.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 3. Responsibilities and Duties of Employers and Employees [6400 - 6413.5] ( Chapter 3 repealed and added by Stats. 1973, Ch. 993. ) ## 6402. No employer shall require, or permit any employee to go or be in any employment or place of employment which is not safe and healthful. (Repealed and added by Stats. 1973, Ch. 993.)
  193. 6403.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 3. Responsibilities and Duties of Employers and Employees [6400 - 6413.5] ( Chapter 3 repealed and added by Stats. 1973, Ch. 993. )

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    Employers must keep the workplace safe by providing safeguards, using safe methods, and doing other reasonable things needed to protect employees.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 3. Responsibilities and Duties of Employers and Employees [6400 - 6413.5] ( Chapter 3 repealed and added by Stats. 1973, Ch. 993. ) ## 6403. No employer shall fail or neglect to do any of the following: (a) To provide and use safety devices and safeguards reasonably adequate to render the employment and place of employment safe. (b) To adopt and use methods and processes reasonably adequate to render the employment and place of employment safe. (c) To do every other thing reasonably necessary to protect the life, safety, and health of employees. (Amended by Stats. 1983, Ch. 142, Sec. 113.)
  194. 6403.1.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 3. Responsibilities and Duties of Employers and Employees [6400 - 6413.5] ( Chapter 3 repealed and added by Stats. 1973, Ch. 993. )

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    Health care employers must keep unexpired PPE inventories and provide PPE-related information and supplies in specified situations.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 3. Responsibilities and Duties of Employers and Employees [6400 - 6413.5] ( Chapter 3 repealed and added by Stats. 1973, Ch. 993. ) ## 6403.1. (a) The Legislature hereby finds that having access to a health care employer-level inventory of personal protective equipment in the event of a pandemic or other health emergency is vital to the health and safety of its health care workforce, as well as the general population, who both rely on the state’s health care workforce for care and are susceptible to disease transmission should members of the health care workforce needlessly be infected with transmissible disease. (b) For purposes of this section: (1) “Department” means the Department of Industrial Relations. (2) (A) “Health care employer” means a person or organization that employs workers in the public or private sector to provide direct patient care in a general acute care hospital setting as defined in subdivision (a) of Section 1250 of the Health and Safety Code, a health facility as defined in paragraphs (1) and (2) of subdivision (c) of Section 1250 of the Health and Safety Code, a medical practice that is operated or maintained as part of an integrated health system or health facility, or a dialysis clinic licensed in accordance with paragraph (2) of subdivision (b) of Section 1204 of the Health and Safety Code. (B) “Health care employer” does not include an independent medical practice that is owned and operated, or maintained as a clinic or office, by one or more licensed physicians and used as an office for the practice of their profession, within the scope of their license, regardless of the name used publicly to identify the place or establishment unless the medical practice is operated or maintained exclusively as part of an integrated health system or health facility or is an entity described in subdivision (l) of Section 1206 of the Health and Safety Code. (3) “PPE” and “health care worker” have the same meanings as defined in subdivision (c) of Section 131021 of the Health and Safety Code. (c) Except as provided in paragraphs (1) and (2) of subdivision (h), a health care employer shall maintain an inventory of unexpired PPE, as specified in this section, for use in the event of a state of emergency declaration by the Governor, or a local emergency for a pandemic or other health emergency. Personal protective equipment in the inventory shall be new and not previously worn or used. A health care employer who violates the requirement to maintain an inventory of unexpired personal protective equipment prescribed by this section shall be assessed a civil penalty of up to twenty-five thousand dollars ($25,000) for each violation, as specified in Section 6428. (d) (1) Commencing January 1, 2023, or 365 days after regulations are adopted pursuant to subdivision (h), whichever is later, health care employers shall have an inventory at least sufficient for 45 days of surge consumption, as determined by those regulations. The regulations shall not establish policies or standards that are less protective or prescriptive than any federal, state, or local law on PPE standards. (2) A health care employer shall provide an inventory of its PPE to the Division of Occupational Safety and Health upon request. An employer who violates this requirement shall be assessed a civil penalty of up to twenty-five thousand dollars ($25,000) for each violation. This subdivision does not apply to a health care employer that provides services in a facility or other setting controlled or owned by another health care employer that is obligated to maintain a PPE inventory and report that inventory pursuant to this subdivision for all its owned or controlled facilities and settings. (e) (1) If a health care employer provides services in a facility or other setting controlled or owned by another health care employer who is obligated to maintain a PPE inventory, the health care employer who controls or owns the facility or other setting shall be required to maintain the required PPE for the health care employer providing services in that facility or setting. (2) A health care employer may apply for a waiver of some or all of the PPE inventory requirements of subdivision (d) by writing to the department, which may approve the waiver if the facility has 25 or fewer employees and the employer agrees to close in-person operations during a public health emergency in which increased use of PPE is recommended by the public health officer until sufficient PPE becomes available to return to in-person operations. This provision does not apply to health facilities as described in subdivisions (a), (b), and (c) of Section 1250 of the Health and Safety Code. (3) If a health care employer’s inventory of a type of PPE dips below the mandated level of supplies as a result of the health care employer’s distribution of that type of PPE to its health care workers or another health care employer’s workers during a state of emergency declared by the Governor or a declared local emergency for a pandemic or other health emergency, the health care employer shall not be subject to the civil penalty established by subdivision (c) for 30 days, provided the health care employer replenishes its inventory to the mandated level within 30 days if the department has determined there is not a supply limitation. (f) The department may exempt a health care employer from a civil penalty prescribed by subdivision (c) if the department determines that supply chain limitations make meeting the mandated level of supplies infeasible and a health care employer has made a reasonable attempt, in the discretion of the department, to obtain PPE, or if the health care employer makes a showing that meeting the mandated level of supplies is not possible due to issues beyond their control, such as if the equipment was ordered from a manufacturer or distributor but the order was not fulfilled, or if the equipment was damaged or stolen. (g) Consistent with existing law, a designated health care employer shall supply appropriate PPE to its health care workers, ensure that its health care workers use the PPE supplied to them, and provide appropriate PPE to its health care workers upon their request. This paragraph is declaratory of existing law. (h) The department, by regulation and in consultation with the State Department of Public Health, shall set forth requirements for determining 45-day surge capacity levels for health care employer inventory as required by paragraph (1) of subdivision (d), including, but not limited to, the types and amount of PPE to be maintained by the health care employer based on the type and size of each health care employer, as well as the composition of health care workers in its workforce. The regulations shall require each health care employer to maintain sufficient PPE for all health care workers. The regulations shall consider the recommendations of the Personal Protective Equipment Advisory Committee established pursuant to Section 131021 of the Health and Safety Code. (Amended by Stats. 2022, Ch. 28, Sec. 122. (SB 1380) Effective January 1, 2023.)
  195. 6403.3.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 3. Responsibilities and Duties of Employers and Employees [6400 - 6413.5] ( Chapter 3 repealed and added by Stats. 1973, Ch. 993. )

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    Employers in covered general acute care hospitals must supply and ensure use of personal protective equipment, keep a three-month stockpile of specified equipment, and maintain written procedures and reporting readiness.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 3. Responsibilities and Duties of Employers and Employees [6400 - 6413.5] ( Chapter 3 repealed and added by Stats. 1973, Ch. 993. ) ## 6403.3. (a) For purposes of this section: (1) “Employer” means a person or organization that employs workers in the public or private sector to provide direct patient care in a general acute care hospital, as defined in subdivision (a) of Section 1250 of the Health and Safety Code. (2) “Personal protective equipment” means the equipment and devices necessary to comply with Sections 3380 and 5199 of Title 8 of the California Code of Regulations, provided that those requirements are at least as protective as those sections read on May 4, 2020. (b) An employer shall supply personal protective equipment to employees who provide direct patient care or provide services that directly support patient care in a general acute care hospital. An employer shall ensure that employees use the personal protective equipment supplied to them. (c) (1) Beginning April 1, 2021, an employer shall maintain a stockpile of the following equipment in the amount equal to three months of normal consumption: (A) N95 filtering facepiece respirators. (B) Powered air-purifying respirators with high efficiency particulate air filters. (C) Elastomeric air-purifying respirators and appropriate particulate filters or cartridges. (D) Surgical masks. (E) Isolation gowns. (F) Eye protection. (G) Shoe coverings. (2) Single use equipment in the stockpile shall be unexpired, new, and not previously worn or used. An employer shall provide an inventory of its stockpile and a copy of its written procedures required pursuant to subdivision (f) to the Division of Occupational Safety and Health upon request. An employer who violates the requirement to maintain a supply of equipment prescribed by this subdivision shall be assessed a civil penalty of up to twenty-five thousand dollars ($25,000) for each violation, unless the department determines that the employer could not meet the requirement due to issues beyond their control, such as the employer can demonstrate that equipment needed to meet the requirements of this section has been ordered from their manufacturer or distributor and not fulfilled, or has been damaged or stolen. The exemption from a civil penalty shall apply only to the type of equipment listed in paragraph (1) that is affected by issues beyond the employer's control. An employer shall still maintain the equipment that is not affected by issues beyond the employer's control. (d) If an employer provides health care services in a facility or other setting controlled by another employer who is obligated to maintain a stockpile pursuant to subdivision (c), the employer who controls the facility or other setting shall maintain the required equipment for the employer providing health care services in that facility or setting. (e) On or before January 15, 2021, an employer licensed under subdivision (a) of Section 1250 of the Health and Safety Code shall be prepared to report to the department, under penalty of perjury, its highest seven-day consecutive daily average consumption of personal protective equipment during the 2019 calendar year, upon request by the department. General acute care hospitals under the jurisdiction of the State Department of State Hospitals are exempt from this requirement. State hospitals shall make their highest seven-day consecutive daily average consumption of personal protective equipment during the 2019 calendar year available upon request to the Division of Occupational Safety and Health. (f) An employer shall establish and implement effective written procedures for periodically determining the quantity and types of equipment used in its normal consumption. (g) The division may enforce an alleged violation of this section through the issuance of a citation, pursuant to Section 6317. (h) Subdivision (b) is declaratory of existing law. (Added by Stats. 2020, Ch. 313, Sec. 2. (AB 2537) Effective January 1, 2021.)
  196. 6403.5.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 3. Responsibilities and Duties of Employers and Employees [6400 - 6413.5] ( Chapter 3 repealed and added by Stats. 1973, Ch. 993. )

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    Employers in covered health care settings must adopt and maintain a safe patient handling plan, provide trained lift support and training, and registered nurses must oversee patient lifts. Health care workers who refuse unsafe lifts are protected from discipline.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 3. Responsibilities and Duties of Employers and Employees [6400 - 6413.5] ( Chapter 3 repealed and added by Stats. 1973, Ch. 993. ) ## 6403.5. (a) As part of the injury and illness prevention programs required by Section 3203 of Title 8 of the California Code of Regulations, or any successor law or regulation, employers shall adopt a patient protection and health care worker back and musculoskeletal injury prevention plan. The plan shall include a safe patient handling policy component reflected in professional occupational safety guidelines for the protection of patients and health care workers in health care facilities. (b) An employer shall maintain a safe patient handling policy at all times for all patient care units, and shall provide trained lift teams or other support staff trained in safe lifting techniques in each general acute care hospital. The employer shall provide training to health care workers that includes, but is not limited to, the following: (1) The appropriate use of lifting devices and equipment. (2) The five areas of body exposure: vertical, lateral, bariatric, repositioning, and ambulation. (3) The use of lifting devices to handle patients safely. (c) As the coordinator of care, the registered nurse shall be responsible for the observation and direction of patient lifts and mobilization, and shall participate as needed in patient handling in accordance with the nurse’s job description and professional judgment. (d) For purposes of this section, “lift team” means hospital employees specifically trained to handle patient lifts, repositionings, and transfers using patient transfer, repositioning, or lifting devices as appropriate for the specific patient. Lift team members may perform other duties as assigned during their shifts. A general acute care hospital shall not be required by this section to hire new staff to comprise the lift team so long as direct patient care assignments are not compromised. (e) For purposes of this section, “health care worker” means a lift team member or other staff responsible for assisting in lifting patients who is a hospital employee specifically trained to handle patient lifts, repositioning, and transfers using patient transfer, repositioning, and lifting devices as appropriate for the specific patient. (f) For the purposes of this section, “safe patient handling policy” means a policy that requires replacement of manual lifting and transferring of patients with powered patient transfer devices, lifting devices, and lift teams, as appropriate for the specific patient and consistent with the employer’s safety policies and the professional judgment and clinical assessment of the registered nurse. (g) A health care worker who refuses to lift, reposition, or transfer a patient due to concerns about patient or worker safety or the lack of trained lift team personnel or equipment shall not, based upon the refusal, be the subject of disciplinary action by the hospital or any of its managers or employees. (h) This section shall not apply to general acute care hospitals within the Department of Corrections and Rehabilitation or the State Department of Developmental Services. (Added by Stats. 2011, Ch. 554, Sec. 3. (AB 1136) Effective January 1, 2012.)
  197. 6404.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 3. Responsibilities and Duties of Employers and Employees [6400 - 6413.5] ( Chapter 3 repealed and added by Stats. 1973, Ch. 993. )

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    An employer must not occupy or maintain a workplace that is not safe and healthful.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 3. Responsibilities and Duties of Employers and Employees [6400 - 6413.5] ( Chapter 3 repealed and added by Stats. 1973, Ch. 993. ) ## 6404. No employer shall occupy or maintain any place of employment that is not safe and healthful. (Repealed and added by Stats. 1973, Ch. 993.)
  198. 6404.5.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 3. Responsibilities and Duties of Employers and Employees [6400 - 6413.5] ( Chapter 3 repealed and added by Stats. 1973, Ch. 993. )

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    Workplace smoking of tobacco products is generally prohibited in enclosed places of employment and similar enclosed spaces.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 3. Responsibilities and Duties of Employers and Employees [6400 - 6413.5] ( Chapter 3 repealed and added by Stats. 1973, Ch. 993. ) ## 6404.5. (a) The Legislature finds and declares that regulation of smoking in the workplace is a matter of statewide interest and concern. It is the intent of the Legislature in enacting this section to prohibit the smoking of tobacco products in all (100 percent of) enclosed places of employment in this state, as covered by this section, thereby eliminating the need of local governments to enact workplace smoking restrictions within their respective jurisdictions. It is further the intent of the Legislature to create a uniform statewide standard to restrict and prohibit the smoking of tobacco products in enclosed places of employment, as specified in this section, in order to reduce employee exposure to environmental tobacco smoke to a level that will prevent anything other than insignificantly harmful effects to exposed employees, and also to eliminate the confusion and hardship that can result from enactment or enforcement of disparate local workplace smoking restrictions. Notwithstanding any other provision of this section, it is the intent of the Legislature that an area not defined as a “place of employment” pursuant to subdivision (e) is subject to local regulation of smoking of tobacco products. (b) For purposes of this section, an “owner-operated business” shall mean a business having no employees, independent contractors, or volunteers, in which the owner-operator of the business is the only worker. “Enclosed space” includes covered parking lots, lobbies, lounges, waiting areas, elevators, stairwells, and restrooms that are a structural part of the building and not specifically defined in subdivision (e). (c) An employer or owner-operator of an owner-operated business shall not knowingly or intentionally permit, and a person shall not engage in, the smoking of tobacco products at a place of employment or in an enclosed space. (d) For purposes of this section, an employer or owner-operator of an owner-operated business who permits any nonemployee access to their place of employment or owner-operated business on a regular basis has not acted knowingly or intentionally in violation of this section if the employer or owner-operator has taken the following reasonable steps to prevent smoking by a nonemployee: (1) Posted clear and prominent signs, as follows: (A) Where smoking is prohibited throughout the building or structure, a sign stating “No smoking” shall be posted at each entrance to the building or structure. (B) Where smoking is permitted in designated areas of the building or structure, a sign stating “Smoking is prohibited except in designated areas” shall be posted at each entrance to the building or structure. (2) Has requested, when appropriate, that a nonemployee who is smoking refrain from smoking in the enclosed workplace or owner-operated business. For purposes of this subdivision, “reasonable steps” does not include (A) the physical ejection of a nonemployee from the place of employment or owner-operated business or (B) any requirement for making a request to a nonemployee to refrain from smoking, under circumstances involving a risk of physical harm to the employer or any employee or owner-operator. (e) For purposes of this section, “place of employment” does not include any of the following: (1) Retail or wholesale tobacco shops and private smokers’ lounges. For purposes of this paragraph: (A) “Private smokers’ lounge” means any enclosed area in or attached to a retail or wholesale tobacco shop that is dedicated to the use of tobacco products, including, but not limited to, cigars and pipes. (B) “Retail or wholesale tobacco shop” means any business establishment, the main purpose of which is the sale of tobacco products, including, but not limited to, cigars, pipe tobacco, and smoking accessories. (2) Cabs of motortrucks, as defined in Section 410 of the Vehicle Code, or truck tractors, as defined in Section 655 of the Vehicle Code, if nonsmoking employees are not present. (3) Theatrical production sites, if smoking is an integral part of the story in the theatrical production. (4) Medical research or treatment sites, if smoking is integral to the research and treatment being conducted. (5) Private residences, except for private residences licensed as family day care homes where smoking is prohibited pursuant to Section 1596.795 of the Health and Safety Code. (6) Patient smoking areas in long-term health care facilities, as defined in Section 1418 of the Health and Safety Code. (f) The smoking prohibition set forth in this section constitutes a uniform statewide standard for regulating the smoking of tobacco products in enclosed places of employment and owner-operated businesses and supersedes and renders unnecessary the local enactment or enforcement of local ordinances regulating the smoking of tobacco products in enclosed places of employment and owner-operated businesses. Insofar as the smoking prohibition set forth in this section is applicable to all (100 percent) places of employment and owner-operated businesses within this state and, therefore, provides the maximum degree of coverage, the practical effect of this section is to eliminate the need of local governments to enact enclosed workplace smoking restrictions within their respective jurisdictions. (g) This section does not prohibit an employer or owner-operator of an owner-operated business from prohibiting smoking of tobacco products in an enclosed place of employment or owner-operated business for any reason. (h) The enactment of local regulation of smoking of tobacco products in enclosed places of employment or owner-operated businesses by local governments shall be suspended only for as long as, and to the extent that, the (100 percent) smoking prohibition provided for in this section remains in effect. In the event this section is repealed or modified by subsequent legislative or judicial action so that the (100 percent) smoking prohibition is no longer applicable to all enclosed places of employment and owner-operated businesses in California, local governments shall have the full right and authority to enforce previously enacted, and to enact and enforce new, restrictions on the smoking of tobacco products in enclosed places of employment and owner-operated businesses within their jurisdictions, including a complete prohibition of smoking. Notwithstanding any other provision of this section, an area not defined as a “place of employment” or in which smoking is not regulated pursuant to subdivision (e), is subject to local regulation of smoking of tobacco products. (i) A violation of the prohibition set forth in subdivision (c) is an infraction, punishable by a fine not to exceed one hundred dollars ($100) for a first violation, two hundred dollars ($200) for a second violation within one year, and five hundred dollars ($500) for a third and for each subsequent violation within one year. This subdivision shall be enforced by local law enforcement agencies, including, but not limited to, local health departments, as determined by the local governing body. (j) Notwithstanding Section 6309, the division is not required to respond to any complaint regarding the smoking of tobacco products in an enclosed space at a place of employment, unless the employer has been found guilty pursuant to subdivision (i) of a third violation of subdivision (c) within the previous year. (k) If a provision of this section or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the section that can be given effect without the invalid provision or application, and to this end the provisions of this section are severable. (l) For purposes of this section, “smoking” has the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code. (m) For purposes of this section, “tobacco product” means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code. (Amended by Stats. 2023, Ch. 182, Sec. 3. (SB 626) Effective January 1, 2024.)
  199. 6405.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 3. Responsibilities and Duties of Employers and Employees [6400 - 6413.5] ( Chapter 3 repealed and added by Stats. 1973, Ch. 993. )

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    Employers, owners, and lessees may not build or cause the building of a workplace that is not safe and healthful.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 3. Responsibilities and Duties of Employers and Employees [6400 - 6413.5] ( Chapter 3 repealed and added by Stats. 1973, Ch. 993. ) ## 6405. No employer, owner, or lessee of any real property shall construct or cause to be constructed any place of employment that is not safe and healthful. (Repealed and added by Stats. 1973, Ch. 993.)
  200. 6406.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 3. Responsibilities and Duties of Employers and Employees [6400 - 6413.5] ( Chapter 3 repealed and added by Stats. 1973, Ch. 993. )

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    No person may remove or interfere with workplace safety devices or protections, or fail to do what is reasonably necessary to protect employees’ life, safety, and health.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725] ( Heading of Part 1 amended by Stats. 1973, Ch. 993. ) ## CHAPTER 3. Responsibilities and Duties of Employers and Employees [6400 - 6413.5] ( Chapter 3 repealed and added by Stats. 1973, Ch. 993. ) ## 6406. No person shall do any of the following: (a) Remove, displace, damage, destroy or carry off any safety device, safeguard, notice, or warning, furnished for use in any employment or place of employment. (b) Interfere in any way with the use thereof by any other person. (c) Interfere with the use of any method or process adopted for the protection of any employee, including himself, in such employment, or place of employment. (d) Fail or neglect to do every other thing reasonably necessary to protect the life, safety, and health of employees. (Repealed and added by Stats. 1973, Ch. 993.)

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