Labor Code — Part 11 | LAB — United States — California law | Esheria

Labor Code

Part 11 of 13 · provisions 2,001–2,200

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. 6407.

    ## 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 Responsibilities and Duties of Employers and Employees [6400 - 6413.5] ( Chapter 3 repealed and added by Stats. 1973, Ch. 993.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 and employees must comply with occupational safety and health standards and related rules that apply to their conduct.

    ## 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 Responsibilities and Duties of Employers and Employees [6400 - 6413.5] ( Chapter 3 repealed and added by Stats. 1973, Ch. 993. ) ## 6407. Every employer and every employee shall comply with occupational safety and health standards, with Section 25910 of the Health and Safety Code, and with all rules, regulations, and orders pursuant to this division which are applicable to his own actions and conduct. (Amended by Stats. 1977, Ch. 62.)
  2. 6408.

    ## 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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    All employers must provide employees specified safety-and-health information and access, including postings, citation notices, monitoring observation opportunities, exposure-record access, and notice of hazardous exposure and corrective 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 3. Responsibilities and Duties of Employers and Employees [6400 - 6413.5] ( Chapter 3 repealed and added by Stats. 1973, Ch. 993. ) ## 6408. All employers shall provide information to employees in the following ways, as prescribed by authorized regulations: (a) Posting of information regarding protections and obligations of employees under occupational safety and health laws. (b) Posting prominently each citation issued under Section 6317, or a copy or copies thereof, at or near each place a violation referred to in the notice of violation occurred. (c) The opportunity for employees or their representatives to observe monitoring or measuring of employee exposure to hazards conducted pursuant to standards promulgated under Section 142.3. (d) Allow access by employees or their representatives to accurate records of employee exposures to potentially toxic materials or harmful physical agents. (e) Notification of any employee who has been or is being exposed to toxic materials or harmful physical agents in concentrations or at levels exceeding those prescribed by an applicable standard, order, or special order, and informing any employee so exposed of corrective action being taken. (Repealed and added by Stats. 1973, Ch. 993.)
  3. 6409.

    ## 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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    Physicians treating an injured employee must file a complete occupational injury or illness report, usually within 5 days, and pesticide-poisoning cases also require a local health officer report within 24 hours.

    ## 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. ) ## 6409. (a) Every physician as defined in Section 3209.3 who attends any injured employee shall file a complete report of that occupational injury or occupational illness in a manner prescribed by the administrative director of the Division of Workers’ Compensation. The report shall include a diagnosis, the injured employee’s description of how the injury or illness occurred, any treatment rendered at the time of the examination, any work restrictions resulting from the injury or illness, a treatment plan, and other content as prescribed by the administrative director. The form shall be filed electronically with the Division of Workers’ Compensation and the employer, or if insured, with the employer’s insurer, within five days of the initial examination. If the treatment is for pesticide poisoning or a condition suspected to be pesticide poisoning, the physician shall also, within 24 hours of the initial examination, file a complete report with the local health officer by facsimile transmission or other means. If the treatment is for pesticide poisoning or a condition suspected to be pesticide poisoning, the physician shall not be compensated for the initial diagnosis and treatment unless the report is filed with the Division of Workers’ Compensation, the employer, or if insured, with the employer’s insurer, and includes or is accompanied by a signed affidavit which certifies that a copy of the report was filed with the local health officer pursuant to this section. (b) As used in this section, “occupational illness” means any abnormal condition or disorder caused by exposure to environmental factors associated with employment, including acute and chronic illnesses or diseases which may be caused by inhalation, absorption, ingestion, or direct contact. (Amended by Stats. 2016, Ch. 868, Sec. 13. (SB 1160) Effective January 1, 2017.)
  4. 6409.1.

    ## 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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    Employers must report qualifying workplace injuries and illnesses, and certain death-related updates, to the Department of Industrial Relations or insurer within set deadlines; serious injuries, illnesses, or deaths must also be reported immediately to the Division of 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 3. Responsibilities and Duties of Employers and Employees [6400 - 6413.5] ( Chapter 3 repealed and added by Stats. 1973, Ch. 993. ) ## 6409.1. (a) Every employer shall file a complete report of every occupational injury or occupational illness, as defined in subdivision (b) of Section 6409, of each employee which results in lost time beyond the date of the injury or illness, or which requires medical treatment beyond first aid, with the Department of Industrial Relations or, if an insured employer, with the insurer, on a form prescribed for that purpose by the department. A report shall be filed concerning each injury and illness which has, or is alleged to have, arisen out of and in the course of employment, within five days after the employer obtains knowledge of the injury or illness. Each report of occupational injury or occupational illness shall indicate the social security number of the injured employee. In the case of an insured employer, the insurer shall file with the division immediately upon receipt, a copy of the employer’s report, which has been received from the insured employer. In the event an employer has filed a report of injury or illness pursuant to this subdivision and the employee subsequently dies as a result of the reported injury or illness, the employer shall file an amended report indicating the death with the department or, if an insured employer, with the insurer, within five days after the employer is notified or learns of the death. A copy of any amended reports received by the insurer shall be filed with the division immediately upon receipt. (b) In every case involving a serious injury or illness, or death, in addition to the report required by subdivision (a), a report shall be made immediately by the employer to the Division of Occupational Safety and Health by telephone or through a specified online mechanism established by the division for this purpose. Until the division has made such an online mechanism available, the employer shall be permitted to make the report required by this subdivision by telephone or email. An employer who violates this subdivision may be assessed a civil penalty of not less than five thousand dollars ($5,000). Nothing in this subdivision shall be construed to increase the maximum civil penalty, pursuant to Sections 6427 to 6430, inclusive, that may be imposed for a violation of this section. (Amended by Stats. 2019, Ch. 199, Sec. 1. (AB 1804) Effective January 1, 2020.)
  5. 6409.2.

    ## 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 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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    If a fire or police agency is called to a covered accident involving serious injury, illness, or death, it must immediately notify the nearest Division of Occupational Safety and Health office by telephone, and the Division must then immediately notify the appropriate prosecuting 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 3. Responsibilities and Duties of Employers and Employees [6400 - 6413.5] ( Chapter 3 repealed and added by Stats. 1973, Ch. 993. ) ## 6409.2. Whenever a state, county, or local fire or police agency is called to an accident involving an employee covered by this part in which a serious injury or illness, or death occurs, the responding agency shall immediately notify the nearest office of the Division of Occupational Safety and Health by telephone. Thereafter, the division shall immediately notify the appropriate prosecuting authority of the accident. (Amended by Stats. 2002, Ch. 885, Sec. 7. Effective January 1, 2003.)
  6. 6409.3.

    ## 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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    Treatment for pesticide poisoning, or suspected pesticide poisoning, cannot be treated as first aid treatment.

    ## 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. ) ## 6409.3. In no case shall the treatment administered for pesticide poisoning or a condition suspected as pesticide poisoning be deemed to be first aid treatment. (Added by Stats. 1979, Ch. 889.)
  7. 6409.5.

    ## 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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    This section requires notice between agencies about garment manufacturing workplaces with fire or safety hazards, and it requires Labor Standards Enforcement to act when an employer is unregistered.

    ## 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. ) ## 6409.5. (a) Whenever any local public fire agency has knowledge that a place of employment where garment manufacturing operations take place contains fire or safety hazards for which fire and injury prevention measures have not been taken in accordance with local fire and life safety ordinances, the agency may notify the Division of Occupational Safety and Health. This referral shall be made only after the garment manufacturing employer has been given a reasonable amount of time to correct violations. (b) Whenever the Division of Occupational Safety and Health has knowledge or reasonable suspicion that a place of employment where garment manufacturing operations take place contains fire or safety hazards for which fire and injury prevention measures have not been taken in accordance with local fire and life safety ordinances, the division shall notify the appropriate local public fire agency. (c) Whenever the Division of Occupational Safety and Health receives a referral by a local public fire agency pursuant to subdivision (a) which informs the division that a place of employment where garment manufacturing operations take place is not safe or is injurious to the welfare of any employee, it shall constitute a complaint for purposes of Section 6309 and shall be investigated. (d) Whenever a local public fire agency receives a referral by the Division of Occupational Safety and Health pursuant to subdivision (b) which informs the local public fire agency that a place of employment where garment manufacturing operations take place is not safe or is injurious to the welfare of any employee, the local public fire agency may investigate the referral at its discretion. (e) (1) If the Division of Occupational Safety and Health acquires knowledge that the garment manufacturing employer is not currently registered, it shall notify the Division of Labor Standards Enforcement. (2) Local public fire agencies may make referrals of individuals not registered as garment manufacturers to the Division of Labor Standards Enforcement. (3) Whenever the Division of Labor Standards Enforcement is informed by the Division of Occupational Safety and Health or by a local public fire agency that a garment manufacturing employer is unregistered, the Division of Labor Standards Enforcement shall take measures it deems appropriate to obtain compliance. (Added by Stats. 1991, Ch. 7, Sec. 2. Effective December 13, 1990. Operative January 1, 1991, by Sec. 3 of Ch. 7.)
  8. 6410.

    ## 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 records and make required reports, and state and local government employers must do so in the same way as other employers. The Department of Industrial Relations may set report form, detail, and timing rules, and the Division of Occupational Safety and Health may provide forms and enforce recordkeeping violations.

    ## 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. ) ## 6410. (a) The reports required by subdivision (a) of Section 6409 and Section 6413 shall be made in the form and detail and within the time limits prescribed by reasonable rules and regulations adopted by the Department of Industrial Relations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (b) Nothing in this chapter requiring recordkeeping and reporting by employers shall relieve the employer of maintaining records and making reports to the assistant secretary, United States Department of Labor, as required under the federal Occupational Safety and Health Act of 1970 (P.L. 91-596). The Division of Occupational Safety and Health shall prescribe and provide the forms necessary for maintenance of the required records, and shall enforce by citation and penalty assessment any violation of the recordkeeping requirements of this chapter. (c) All state and local government employers shall maintain records and make reports in the same manner and to the same extent as required of other employers by this section. (Amended by Stats. 2012, Ch. 46, Sec. 111. (SB 1038) Effective June 27, 2012.)
  9. 6410.1.

    ## 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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    The Legislature states that the division should maintain strong workplace injury and illness reporting 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 3. Responsibilities and Duties of Employers and Employees [6400 - 6413.5] ( Chapter 3 repealed and added by Stats. 1973, Ch. 993. ) ## 6410.1. It is the intent of the Legislature that the division maintain strong workplace injury and illness reporting standards. (Added by Stats. 2018, Ch. 538, Sec. 5. (AB 2334) Effective January 1, 2019.)
  10. 6410.2.

    ## 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 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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    The division must monitor OSHA’s workplace injury and illness reporting rule and, if OSHA weakens that reporting requirement, convene an advisory committee within 120 days.

    ## 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. ) ## 6410.2. (a) The division shall monitor rulemaking and implementation of the United States Department of Labor’s Occupational Safety and Health Administration’s Improve Tracking of Workplace Injuries and Illnesses rule as published in the federal Register (81 FR 29624) with respect to the electronic submission of workplace injury and illness data. (b) If the division determines that the Occupational Safety and Health Administration (OSHA) has eliminated or substantially diminished the requirement that employers electronically submit OSHA injury and illness data pursuant to 81 FR 29624, the division shall, within 120 days of the determination, convene an advisory committee to evaluate how to implement the changes necessary to protect the goals of the Improve Tracking of Workplace Injuries and Illnesses rule, as issued May 12, 2016. The committee shall be composed of parties in both management and labor and include parties that are required to keep injury and illness records under Article 2 (commencing with Section 14300) of Subchapter 1 of Chapter 7 of Division 1 of Title 8 of the California Code of Regulations. (c) This section does not require the disclosure of information prohibited under Section 6412. (Added by Stats. 2018, Ch. 538, Sec. 6. (AB 2334) Effective January 1, 2019.)
  11. 6410.5.

    ## 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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    Reports required by certain safety-and-health provisions must prominently state the statement set out in Section 5401.7.

    ## 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. ) ## 6410.5. The reports required by subdivision (a) of Section 6409, subdivision (a) of Section 6409.1, and Section 6413 shall contain, prominently stated, the statement set forth in Section 5401.7. (Added by Stats. 1991, Ch. 116, Sec. 34.)
  12. 6411.

    ## 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 or insurers who receive Department of Industrial Relations forms must fill them out completely and correctly, and explain any unanswered questions with a good and sufficient reason.

    ## 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. ) ## 6411. Every employer or insurer receiving forms with directions from the Department of Industrial Relations to complete them shall cause them to be properly filled out so as to answer fully and correctly each question propounded therein. In case of inability to answer any questions, a good and sufficient reason shall be given for such failure. (Amended by Stats. 2012, Ch. 46, Sec. 112. (SB 1038) Effective June 27, 2012.)
  13. 6412.

    ## 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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    Some injury or illness reports are confidential and cannot be publicly inspected, made public, or used as evidence in certain Workers’ Compensation Appeals Board proceedings.

    ## 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. ) ## 6412. No report of injury or illness required by subdivision (a) of Section 6409.1 shall be open to public inspection or made public, nor shall those reports be admissible as evidence in any adversary proceeding before the Workers’ Compensation Appeals Board. However, the reports required of physicians by subdivision (a) of Section 6409 shall be admissible as evidence in the proceeding, except that no physician’s report shall be admissible as evidence to bar proceedings for the collection of compensation, and the portion of any physician’s report completed by an employee shall not be admissible as evidence in any proceeding before the Workers’ Compensation Appeals Board. (Amended by Stats. 1987, Ch. 1019, Sec. 7.)
  14. 6413.

    ## 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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    The Department of Corrections and Rehabilitation and attending physicians or surgeons must report qualifying prisoner injuries to the Division of Occupational Safety and Health, with a separate prompt report if the injury causes death.

    ## 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. ) ## 6413. (a) The Department of Corrections and Rehabilitation, and every physician or surgeon who attends any injured state prisoner, shall file with the Division of Occupational Safety and Health a complete report, on forms prescribed under Sections 6409 and 6409.1, of every injury to each state prisoner, resulting from any labor performed by the prisoner unless disability resulting from such injury does not last through the day or does not require medical service other than ordinary first aid treatment. (b) Where the injury results in death a report, in addition to the report required by subdivision (a), shall forthwith be made by the Department of Corrections and Rehabilitation to the Division of Occupational Safety and Health by telephone or telegraph. (c) Except as provided in Section 6304.2, nothing in this section or in this code shall be deemed to make a prisoner an employee, for any purpose, of the Department of Corrections and Rehabilitation. (d) Notwithstanding subdivision (a), no physician or surgeon who attends any injured state prisoner outside of a Department of Corrections and Rehabilitation institution shall be required to file the report required by subdivision (a), but the Department of Corrections and Rehabilitation shall file the report. (Amended by Stats. 2012, Ch. 46, Sec. 113. (SB 1038) Effective June 27, 2012.)
  15. 6413.2.

    ## 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 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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    The safety division may recommend improvements to the corrections department, and in some cases may hold hearings and issue orders, rules, or regulations. The corrections department must follow those adopted orders, rules, or regulations, but it does not have to comply with the recommendations.

    ## 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. ) ## 6413.2. (a) With regard to any report required by Section 6413, the Division of Occupational Safety and Health may make recommendations to the Department of Corrections and Rehabilitation of ways in which the department might improve the safety of the working conditions and work areas of state prisoners, and other safety matters. The Department of Corrections and Rehabilitation shall not be required to comply with these recommendations. (b) With regard to any report required by Section 6413, the Division of Occupational Safety and Health may, in any case in which the Department of Corrections and Rehabilitation has not complied with recommendations made by the division pursuant to subdivision (b), or in any other case in which the division deems the safety of any state prisoner shall require it, conduct hearings and, after these hearings, adopt special orders, rules, or regulations or otherwise proceed as authorized in Chapter 1 (commencing with Section 6300) of this part as it deems necessary. The Department of Corrections and Rehabilitation shall comply with any order, rule, or regulation so adopted by the Division of Occupational Safety and Health. (Amended by Stats. 2012, Ch. 46, Sec. 114. (SB 1038) Effective June 27, 2012.)
  16. 6413.5.

    ## 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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    An employer or physician who fails to comply with certain reporting-related provisions may be assessed a civil penalty of $50 to $200 if the director or designee finds a pattern or practice of violations, or a willful 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 3. Responsibilities and Duties of Employers and Employees [6400 - 6413.5] ( Chapter 3 repealed and added by Stats. 1973, Ch. 993. ) ## 6413.5. Any employer or physician who fails to comply with any provision of subdivision (a) of Section 6409, or Section 6409.1, 6409.2, 6409.3, or 6410 may be assessed a civil penalty of not less than fifty dollars ($50) nor more than two hundred dollars ($200) by the director or his or her designee if he or she finds a pattern or practice of violations, or a willful violation of any of these provisions. Penalty assessments may be contested in the manner provided in Section 3725. Penalties assessed pursuant to this section shall be deposited in the General Fund. (Amended by Stats. 1987, Ch. 1019, Sec. 8.)
  17. 6423.

    ## 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 4. Penalties [6423 - 6436] ( Chapter 4 repealed and added by Stats. 1973, Ch. 993. )

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    This section makes certain employers, officers, managers, and supervisors guilty of a misdemeanor for specified safety-law violations and sets fines and jail terms.

    ## 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 4. Penalties [6423 - 6436] ( Chapter 4 repealed and added by Stats. 1973, Ch. 993. ) ## 6423. (a) Except where another penalty is specifically provided, every employer and every officer, management official, or supervisor having direction, management, control, or custody of any employment, place of employment, or of any other employee, who does any of the following is guilty of a misdemeanor: (1) Knowingly or negligently violates any standard, order, or special order, or any provision of this division, or of any part thereof in, or authorized by, this part the violation of which is deemed to be a serious violation pursuant to Section 6432. (2) Repeatedly violates any standard, order, or special order, or provision of this division, or any part thereof in, or authorized by, this part, which repeated violation creates a real and apparent hazard to employees. (3) Knowingly fails to report to the division a death, as required by subdivision (b) of Section 6409.1. (4) Fails or refuses to comply, after notification and expiration of any abatement period, with any such standard, order, special order, or provision of this division, or any part thereof, which failure or refusal creates a real and apparent hazard to employees. (5) Directly or indirectly, knowingly induces another to commit any of the acts in paragraph (1), (2), (3), or (4) of subdivision (a). (b) Any violation of paragraph (1) of subdivision (a) is punishable by imprisonment in the county jail for a period not to exceed six months, or by a fine not to exceed five thousand dollars ($5,000), or by both that imprisonment and fine. (c) Any violation of paragraph (3) of subdivision (a) is punishable by imprisonment in county jail for up to one year, or by a fine not to exceed fifteen thousand dollars ($15,000), or by both that imprisonment and fine. If the violator is a corporation or a limited liability company, the fine prescribed by this subdivision may not exceed one hundred fifty thousand dollars ($150,000). (d) Any violation of paragraph (2), (4), or (5) of subdivision (a) is punishable by imprisonment in a county jail for a term not exceeding one year, or by a fine not exceeding fifteen thousand dollars ($15,000), or by both that imprisonment and fine. If the defendant is a corporation or a limited liability company, the fine may not exceed one hundred fifty thousand dollars ($150,000). (e) In determining the amount of fine to impose under this section, the court shall consider all relevant circumstances, including, but not limited to, the nature, circumstance, extent, and gravity of the violation, any prior history of violations by the defendant, the ability of the defendant to pay, and any other matters the court determines the interests of justice require. (Amended by Stats. 2002, Ch. 885, Sec. 8. Effective January 1, 2003.)
  18. 6425.

    ## 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 4. Penalties [6423 - 6436] ( Chapter 4 repealed and added by Stats. 1973, Ch. 993. )

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    This section makes certain employers and employees criminally liable if they willfully violate workplace safety rules and the violation causes death or permanent/prolonged impairment, with jail, prison, and fine 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 4. Penalties [6423 - 6436] ( Chapter 4 repealed and added by Stats. 1973, Ch. 993. ) ## 6425. (a) Any employer and any employee having direction, management, control, or custody of any employment, place of employment, or of any other employee, who willfully violates any occupational safety or health standard, order, or special order, or Section 25910 of the Health and Safety Code, and that violation caused death to any employee, or caused permanent or prolonged impairment of the body of any employee, is guilty of a public offense punishable by imprisonment in a county jail for a term not exceeding one year, or by a fine not exceeding one hundred thousand dollars ($100,000), or by both that imprisonment and fine; or by imprisonment in the state prison for 16 months, or two or three years, or by a fine of not more than two hundred fifty thousand dollars ($250,000), or by both that imprisonment and fine; and in either case, if the defendant is a corporation or a limited liability company, the fine may not exceed one million five hundred thousand dollars ($1,500,000). (b) If the conviction is for a violation committed within seven years after a conviction under subdivision (b), (c), or (d) of Section 6423 or subdivision (c) of Section 6430, punishment shall be by imprisonment in state prison for a term of 16 months, two, or three years, or by a fine not exceeding two hundred fifty thousand dollars ($250,000), or by both that fine and imprisonment, but if the defendant is a corporation or limited liability company, the fine may not be less than five hundred thousand dollars ($500,000) or more than two million five hundred thousand dollars ($2,500,000). (c) If the conviction is for a violation committed within seven years after a first conviction of the defendant for any crime involving a violation of subdivision (a), punishment shall be by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years, or by a fine not exceeding two hundred fifty thousand dollars ($250,000), or by both that fine and imprisonment, but if the defendant is a corporation or a limited liability company, the fine shall not be less than one million dollars ($1,000,000) but may not exceed three million five hundred thousand dollars ($3,500,000). (d) In determining the amount of fine to be imposed under this section, the court shall consider all relevant circumstances, including, but not limited to, the nature, circumstance, extent, and gravity of the violation, any prior history of violations by the defendant, the ability of the defendant to pay, and any other matters the court determines the interests of justice require. (e) As used in this section, “willfully” has the same definition as it has in Section 7 of the Penal Code. This subdivision is intended to be a codification of existing law. (f) This section does not prohibit a prosecution under Section 192 of the Penal Code. (Amended by Stats. 2011, Ch. 15, Sec. 222. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  19. 6426.

    ## 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 4. Penalties [6423 - 6436] ( Chapter 4 repealed and added by Stats. 1973, Ch. 993. )

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    A person who knowingly makes a false statement or certification in covered occupational safety and health documents can be fined, imprisoned, or both.

    ## 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 4. Penalties [6423 - 6436] ( Chapter 4 repealed and added by Stats. 1973, Ch. 993. ) ## 6426. Whoever knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this division shall, upon conviction, be punished by a fine of not more than seventy thousand dollars ($70,000), or by imprisonment for not more than six months, or by both. (Amended by Stats. 1991, Ch. 599, Sec. 3. Effective October 7, 1991.)
  20. 6427.

    ## 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 4. Penalties [6423 - 6436] ( Chapter 4 repealed and added by Stats. 1973, Ch. 993. )

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    An employer who violates a qualifying occupational safety or health rule may face a civil penalty of up to $12,471 per violation if the violation is not serious.

    ## 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 4. Penalties [6423 - 6436] ( Chapter 4 repealed and added by Stats. 1973, Ch. 993. ) ## 6427. (a) Any employer who violates any occupational safety or health standard, order, or special order, or Section 25910 of the Health and Safety Code, and the violation is specifically determined not to be of a serious nature, may be assessed a civil penalty of up to twelve thousand four hundred seventy-one dollars ($12,471) for each violation. (b) Commencing on January 1, 2018, and each January 1 thereafter, the maximum penalty amount specified in this section shall be increased based on the percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U), not seasonally adjusted, for the month of October immediately preceding the date of the adjustment, as compared to the prior year’s October CPI-U. Any regulation issued pursuant to this section increasing penalty amounts based on the annual increase in the CPI-U 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), except that the regulation shall be filed with the Office of Administrative Law for publication in the California Code of Regulations. Any penalty shall be calculated using the penalty amounts in effect during the calendar year in which the citation was issued. (Amended by Stats. 2017, Ch. 28, Sec. 30. (SB 96) Effective June 27, 2017.)
  21. 6428.

    ## 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 4. Penalties [6423 - 6436] ( Chapter 4 repealed and added by Stats. 1973, Ch. 993. )

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    An employer that seriously violates certain workplace safety rules can be fined up to $25,000 per 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 4. Penalties [6423 - 6436] ( Chapter 4 repealed and added by Stats. 1973, Ch. 993. ) ## 6428. Any employer who violates any occupational safety or health standard, order, or special order, or Section 25910 of the Health and Safety Code, if that violation is a serious violation, shall be assessed a civil penalty of up to twenty-five thousand dollars ($25,000) for each violation. Employers who do not have an operative injury prevention program shall receive no adjustment for good faith of the employer or history of previous violations as provided in paragraphs (3) and (4) of subdivision (c) of Section 6319. (Amended by Stats. 1999, Ch. 615, Sec. 7. Effective January 1, 2000.)
  22. 6428.5.

    ## 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 4. Penalties [6423 - 6436] ( Chapter 4 repealed and added by Stats. 1973, Ch. 993. )

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    An employer’s injury prevention program is treated as operative for Sections 6427 and 6428 if it meets substantial-compliance criteria set by the standards board under Section 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 4. Penalties [6423 - 6436] ( Chapter 4 repealed and added by Stats. 1973, Ch. 993. ) ## 6428.5. An employer’s injury prevention program shall be deemed to be operative for the purposes of Sections 6427 and 6428 if it meets the criteria for substantial compliance established by the standards board pursuant to Section 6401.7. (Added by Stats. 1989, Ch. 1369, Sec. 13. Effective October 2, 1989.)
  23. 6429.

    ## 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 4. Penalties [6423 - 6436] ( Chapter 4 repealed and added by Stats. 1973, Ch. 993. )

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    Employers that willfully or repeatedly violate specified workplace safety rules may face civil penalties, and the division must keep investigation, inspection, and citation records for at least seven 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 4. Penalties [6423 - 6436] ( Chapter 4 repealed and added by Stats. 1973, Ch. 993. ) ## 6429. (a) (1) Any employer who willfully or repeatedly violates any occupational safety or health standard, order, or special order, or Section 25910 of the Health and Safety Code, or any employer who commits an enterprise-wide violation as specified in Section 6317, may be assessed a civil penalty of not more than one hundred twenty-four thousand seven hundred nine dollars ($124,709) for each violation, but in no case less than eight thousand nine hundred eight dollars ($8,908) for each willful violation. (2) Commencing on January 1, 2018, and each January 1 thereafter, the penalty amounts specified in this section shall be increased based on the percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U), not seasonally adjusted, for the month of October immediately preceding the date of the adjustment, as compared to the prior year’s October CPI-U. Any regulation issued pursuant to this section increasing penalty amounts based on the annual increase in the CPI-U 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), except that the regulation shall be filed with the Office of Administrative Law for publication in the California Code of Regulations. Any penalty shall be calculated using the penalty amounts in effect during the calendar year in which the citation was issued. (b) Any employer who repeatedly violates any occupational safety or health standard, order, or special order, or Section 25910 of the Health and Safety Code, shall not receive any adjustment of a penalty assessed pursuant to this section on the basis of the regulations promulgated pursuant to subdivision (c) of Section 6319 pertaining to the good faith of the employer or the history of previous violations of the employer. (c) The division shall preserve and maintain records of its investigations and inspections and citations for a period of not less than seven years. (Amended by Stats. 2021, Ch. 336, Sec. 6. (SB 606) Effective January 1, 2022.)
  24. 6430.

    ## 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 4. Penalties [6423 - 6436] ( Chapter 4 repealed and added by Stats. 1973, Ch. 993. )

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    Employers can face daily civil penalties for not correcting certain safety violations on time, and more serious criminal penalties if they falsely claim compliance and still do not abate the 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 4. Penalties [6423 - 6436] ( Chapter 4 repealed and added by Stats. 1973, Ch. 993. ) ## 6430. (a) Any employer who fails to correct a violation of any occupational safety or health standard, order, or special order, or Section 25910 of the Health and Safety Code, within the period permitted for its correction shall be assessed a civil penalty of not more than fifteen thousand dollars ($15,000) for each day during which the failure or violation continues. (b) Notwithstanding subdivision (a), for any employer who submits a signed statement affirming compliance with the abatement terms pursuant to Section 6320, and is found upon a reinspection not to have abated the violation, any adjustment to the civil penalty based on abatement shall be rescinded and the additional civil penalty assessed for failure to abate shall not be adjusted for good faith of the employer or history of previous violations as provided in paragraphs (3) and (4) of subdivision (c) of Section 6319. (c) Notwithstanding subdivision (a), any employer who submits a signed statement affirming compliance with the abatement terms pursuant to subdivision (b) of Section 6320, and is found not to have abated the violation, is guilty of a public offense punishable by imprisonment in a county jail for a term not exceeding one year, or by a fine not exceeding thirty thousand dollars ($30,000), or by both that fine and imprisonment; but if the defendant is a corporation or a limited liability company the fine shall not exceed three hundred thousand dollars ($300,000). In determining the amount of the fine to be imposed under this section, the court shall consider all relevant circumstances, including, but not limited to, the nature, circumstance, extent, and gravity of the violation, any prior history of violations by the defendant, the ability of the defendant to pay, and any other matters the court determines the interests of justice require. Nothing in this section shall be construed to prevent prosecution under any law that may apply. (Amended by Stats. 1999, Ch. 615, Sec. 9. Effective January 1, 2000.)
  25. 6431.

    ## 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 4. Penalties [6423 - 6436] ( Chapter 4 repealed and added by Stats. 1973, Ch. 993. )

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    Employers can be fined up to $12,471 per violation for certain posting, recordkeeping, and notice-posting failures.

    ## 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 4. Penalties [6423 - 6436] ( Chapter 4 repealed and added by Stats. 1973, Ch. 993. ) ## 6431. (a) Any employer who violates any of the posting or recordkeeping requirements as prescribed by regulations adopted pursuant to Sections 6408 and 6410, or who fails to post any notice required by Section 3550 or 6318, shall be assessed a civil penalty of up to twelve thousand four hundred seventy-one dollars ($12,471) for each violation. (b) Commencing on January 1, 2018, and each January 1 thereafter, the maximum penalty amount specified in this section shall be increased based on the percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U), not seasonally adjusted, for the month of October immediately preceding the date of the adjustment, as compared to the prior year’s October CPI-U. Any regulation issued pursuant to this section increasing maximum penalty amounts based on the annual increase in the CPI-U 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), except that the regulation shall be filed with the Office of Administrative Law for publication in the California Code of Regulations. Any penalty shall be calculated using the penalty amounts in effect during the calendar year in which the citation was issued. (Amended by Stats. 2022, Ch. 485, Sec. 3. (AB 2068) Effective January 1, 2023.)
  26. 6432.

    ## 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 4. Penalties [6423 - 6436] ( Chapter 4 repealed and added by Stats. 1973, Ch. 993. )

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    This section sets how a workplace violation may be treated as serious, what the division must consider before citing it, and how an employer may rebut that presumption.

    ## 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 4. Penalties [6423 - 6436] ( Chapter 4 repealed and added by Stats. 1973, Ch. 993. ) ## 6432. (a) There shall be a rebuttable presumption that a “serious violation” exists in a place of employment if the division demonstrates that there is a realistic possibility that death or serious physical harm could result from the actual hazard created by the violation. The demonstration of a violation by the division is not sufficient by itself to establish that the violation is serious. The actual hazard may consist of, among other things: (1) A serious exposure exceeding an established permissible exposure limit. (2) The existence in the place of employment of one or more unsafe or unhealthful practices, means, methods, operations, or processes that have been adopted or are in use. (b) (1) Before issuing a citation alleging that a violation is serious, the division shall make a reasonable attempt to determine and consider, among other things, all of the following: (A) Training for employees and supervisors relevant to preventing employee exposure to the hazard or to similar hazards. (B) Procedures for discovering, controlling access to, and correcting the hazard or similar hazards. (C) Supervision of employees exposed or potentially exposed to the hazard. (D) Procedures for communicating to employees about the employer’s health and safety rules and programs. (E) Information that the employer wishes to provide, at any time before citations are issued, including, any of the following: (i) The employer’s explanation of the circumstances surrounding the alleged violative events. (ii) Why the employer believes a serious violation does not exist. (iii) Why the employer believes its actions related to the alleged violative events were reasonable and responsible so as to rebut, pursuant to subdivision (c), any presumption established pursuant to subdivision (a). (iv) Any other information that the employer wishes to provide. (2) The division shall satisfy its requirement to determine and consider the facts specified in paragraph (1) if, not less than 15 days prior to issuing a citation for a serious violation, the division delivers to the employer a standardized form containing the alleged violation descriptions (“AVD”) it intends to cite as serious and clearly soliciting the information specified in this subdivision. The director shall prescribe the form for the alleged violation descriptions and solicitation of information. Any forms issued pursuant to this section 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). (c) If the division establishes a presumption pursuant to subdivision (a) that a violation is serious, the employer may rebut the presumption and establish that a violation is not serious by demonstrating that the employer did not know and could not, with the exercise of reasonable diligence, have known of the presence of the violation. The employer may accomplish this by demonstrating both of the following: (1) The employer took all the steps a reasonable and responsible employer in like circumstances should be expected to take, before the violation occurred, to anticipate and prevent the violation, taking into consideration the severity of the harm that could be expected to occur and the likelihood of that harm occurring in connection with the work activity during which the violation occurred. Factors relevant to this determination include, but are not limited to, those listed in subdivision (b). (2) The employer took effective action to eliminate employee exposure to the hazard created by the violation as soon as the violation was discovered. (d) If the employer does not provide information in response to a division inquiry made pursuant to subdivision (b), the employer shall not be barred from presenting that information at the hearing and no negative inference shall be drawn. The employer may offer different information at the hearing than what was provided to the division and may explain any inconsistency, but the trier of fact may draw a negative inference from the prior inconsistent factual information. The trier of fact may also draw a negative inference from factual information offered at the hearing by the division that is inconsistent with factual information provided to the employer pursuant to subdivision (b), or from a failure by the division to provide the form setting forth the descriptions of the alleged violation and soliciting information pursuant to subdivision (b). (e) “Serious physical harm,” as used in this part, means any injury or illness, specific or cumulative, occurring in the place of employment or in connection with any employment, that results in any of the following: (1) Inpatient hospitalization for purposes other than medical observation. (2) The loss of any member of the body. (3) Any serious degree of permanent disfigurement. (4) Impairment sufficient to cause a part of the body or the function of an organ to become permanently and significantly reduced in efficiency on or off the job, including, but not limited to, depending on the severity, second-degree or worse burns, crushing injuries including internal injuries even though skin surface may be intact, respiratory illnesses, or broken bones. (5) Silicosis or silica-related lung cancer. (f) Serious physical harm may be caused by a single, repetitive practice, means, method, operation, or process. (g) A division safety engineer or industrial hygienist who can demonstrate, at the time of the hearing, that their division-mandated training is current shall be deemed competent to offer testimony to establish each element of a serious violation, and may offer evidence on the custom and practice of injury and illness prevention in the workplace that is relevant to the issue of whether the violation is a serious violation. (h) This section shall become operative on January 1, 2023. (Amended by Stats. 2025, Ch. 734, Sec. 4. (SB 20) Effective January 1, 2026.)
  27. 6433.

    ## 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 4. Penalties [6423 - 6436] ( Chapter 4 repealed and added by Stats. 1973, Ch. 993. )

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    Civil penalties in Sections 6427 to 6431 are not treated as “other penalties specifically provided” under Section 6423.

    ## 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 4. Penalties [6423 - 6436] ( Chapter 4 repealed and added by Stats. 1973, Ch. 993. ) ## 6433. The civil penalties set forth in Sections 6427 to 6431, inclusive, shall not be considered as other penalties specifically provided within the meaning of Section 6423. (Added by Stats. 1973, Ch. 993.)
  28. 6434.

    ## 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 4. Penalties [6423 - 6436] ( Chapter 4 repealed and added by Stats. 1973, Ch. 993. )

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    Certain education-related public entities must have covered civil or administrative penalties deposited into the Workplace Health and Safety Revolving Fund, and they may seek a refund if specified abatement and citation 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 4. Penalties [6423 - 6436] ( Chapter 4 repealed and added by Stats. 1973, Ch. 993. ) ## 6434. (a) Any civil or administrative penalty assessed pursuant to this chapter against a school district, county board of education, county superintendent of schools, charter school, community college district, California State University, University of California, or joint powers agency performing education functions shall be deposited with the Workplace Health and Safety Revolving Fund established pursuant to Section 78. (b) Any school district, county board of education, county superintendent of schools, charter school, community college district, California State University, University of California, or joint powers agency performing education functions may apply for a refund of their civil penalty, with interest, if all conditions previously cited have been abated, they have abated any other outstanding citation, and if they have not been cited by the division for a serious violation at the same school within two years of the date of the original violation. Funds not applied for within two years and six months of the time of the original violation shall be expended as provided for in Section 78 to assist schools in establishing effective occupational injury and illness prevention programs. (Amended by Stats. 2000, Ch. 135, Sec. 129. Effective January 1, 2001.)
  29. 6434.5.

    ## 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 4. Penalties [6423 - 6436] ( Chapter 4 repealed and added by Stats. 1973, Ch. 993. )

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    Certain public police and fire departments, and the California Department of Forestry and Fire Protection, may apply for a refund of assessed penalties if specified 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 4. Penalties [6423 - 6436] ( Chapter 4 repealed and added by Stats. 1973, Ch. 993. ) ## 6434.5. (a) Any civil or administrative penalty assessed pursuant to this chapter against a public police or city, county, or special district fire department or the California Department of Forestry and Fire Protection shall be deposited into the Workers’ Compensation Administration Revolving Fund established pursuant to Section 62.5. (b) Any public police or city, county, or special district fire department or the California Department of Forestry and Fire Protection may apply for a refund of any civil or administrative penalty assessed pursuant to this chapter, with interest, if all conditions previously cited have been abated, the department has abated any other outstanding citation, and the department has not been cited by the division for a serious violation within two years of the date of the original violation. Funds received as a result of a penalty, for which a refund is not applied for within two years and six months of the time of the original violation, shall be expended in accordance with Section 78 as follows: (1) Funds received as a result of a civil or administrative penalty imposed on a city, county, or special district fire department or the California Department of Forestry and Fire Protection shall be allocated to the California Firefighter Joint Apprenticeship Program for the purpose of establishing and maintaining effective occupational injury and illness prevention programs. (2) Funds received as a result of a civil or administrative penalty imposed on a police department shall be allocated to the Office of Criminal Justice Planning, or any succeeding agency, for the purpose of establishing and maintaining effective occupational injury and illness prevention programs. (c) This section does not apply to that portion of any civil or administrative penalty that is distributed directly to an aggrieved employee or employees pursuant to the provisions of Section 2699. (Added by Stats. 2005, Ch. 141, Sec. 1. Effective January 1, 2006.)
  30. 6435.

    ## 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 4. Penalties [6423 - 6436] ( Chapter 4 repealed and added by Stats. 1973, Ch. 993. )

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    An employer that violates Chapter 6 safety requirements must be assessed a 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 4. Penalties [6423 - 6436] ( Chapter 4 repealed and added by Stats. 1973, Ch. 993. ) ## 6435. (a) Any employer who violates any of the requirements of Chapter 6 (commencing with Section 6500) of this part shall be assessed a civil penalty under the appropriate provisions of Sections 6427 to 6430, inclusive. (b) This section shall become inoperative on January 1, 1987, and shall remain inoperative until January 1, 1991, at which time it shall become operative, unless a later enacted statute, which becomes effective on or before January 1, 1991, deletes or extends that date. (Amended by Stats. 1986, Ch. 1178, Sec. 3. Note: This section was inoperative from Jan. 1, 1987, until Jan. 1, 1991, by its own provisions.)
  31. 6436.

    ## 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 4. Penalties [6423 - 6436] ( Chapter 4 repealed and added by Stats. 1973, Ch. 993. )

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    Certain public prosecutors may bring a criminal complaint for a violation of Section 6505.5, and any court penalty is paid to the prosecutor’s office, with a sharing rule if another unit referred the case.

    ## 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 4. Penalties [6423 - 6436] ( Chapter 4 repealed and added by Stats. 1973, Ch. 993. ) ## 6436. The criminal complaint regarding a violation of Section 6505.5 may be brought by the Attorney General or by the district attorney or prosecuting attorney of any city, in the superior court of any county in the state with jurisdiction over the contractor or employer, by reason of the contractor’s or employer’s act or failure to act within that county. Any penalty assessed by the court shall be paid to the office of the prosecutor bringing the complaint, but if the case was referred to the prosecutor by the division, or some other governmental unit, one-half of the civil or criminal penalty assessed shall be paid to that governmental unit. (Amended by Stats. 2003, Ch. 449, Sec. 30. Effective January 1, 2004.)
  32. 6450.

    ## 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 5. Temporary Variances [6450 - 6457] ( Chapter 5 added by Stats. 1973, Ch. 993. )

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    An employer may ask the division for a temporary variance from an occupational safety or health standard, but the order is only granted if specific showings are made and employees are given notice and a hearing opportunity.

    ## 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 5. Temporary Variances [6450 - 6457] ( Chapter 5 added by Stats. 1973, Ch. 993. ) ## 6450. (a) Any employer may apply to the division for a temporary order granting a variance from an occupational safety or health standard. Such temporary order shall be granted only if the employer files an application which meets the requirements of Section 6451, and establishes that (1) he is unable to comply with a standard by its effective date because of unavailability of professional or technical personnel or of materials and equipment needed to come into compliance with the standard or because necessary construction or alteration of facilities cannot be completed by the effective date, (2) he is taking all available steps to safeguard his employees against the hazards covered by the standard, and (3) he has an effective program for coming into compliance with the standard as quickly as practicable. (b) Any temporary order issued under this section shall prescribe the practices, means, methods, operations, and processes which the employer must adopt and use while the order is in effect and state in detail his program for coming into compliance with the standard. Such a temporary order may be granted only after notice to employees and an opportunity for a hearing. However, the division may issue one interim order for a temporary variance upon submission of an application showing that the employment or place of employment will be safe for employees pending a hearing on the application for a temporary variance. No temporary order may be in effect for longer than the period needed by the employer to achieve compliance with the standard or one year, whichever is shorter, except that such an order may be renewed not more than twice provided that the requirements of this section are met and an application for renewal is filed prior to the expiration date of the order. No single renewal of an order may remain in effect for longer than 180 days. (Added by Stats. 1973, Ch. 993.)
  33. 6451.

    ## 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 5. Temporary Variances [6450 - 6457] ( Chapter 5 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    An employer applying for a temporary order under Section 6450 must include specified information and certify that employees were informed.

    ## 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 5. Temporary Variances [6450 - 6457] ( Chapter 5 added by Stats. 1973, Ch. 993. ) ## 6451. An application for a temporary order under Section 6450 shall contain all of the following: (a) A specification of the standard or portion thereof from which the employer seeks a variance. (b) A representation by the employer, supported by representations from qualified persons having firsthand knowledge of the facts represented, that he is unable to comply with the standard or portion thereof and a detailed statement of the reasons therefor. (c) A statement of the steps he has taken and will take, with specific dates, to protect employees against the hazard covered by the standard. (d) A statement of when he expects to be able to comply with the standard and what steps he has taken and what steps he will take, with dates specified, to come into compliance with the standard. (e) A certification that he has informed his employees of the application by giving a copy thereof to their authorized representative, posting a statement giving a summary of the application and specifying where a copy may be examined at the place or places where notices to employees are normally posted, and by other appropriate means. A description of how employees have been informed shall be contained in the certification. The information to employees shall also inform them of their right to petition the division for a hearing. (Added by Stats. 1973, Ch. 993.)
  34. 6452.

    ## 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 5. Temporary Variances [6450 - 6457] ( Chapter 5 added by Stats. 1973, Ch. 993. )

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    The division may grant a temporary variance from a standard when needed to let an employer join a director-approved experiment.

    ## 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 5. Temporary Variances [6450 - 6457] ( Chapter 5 added by Stats. 1973, Ch. 993. ) ## 6452. The division is authorized to grant a temporary variance from any standard or portion thereof whenever it determines such variance is necessary to permit an employer to participate in an experiment approved by the director designed to demonstrate or validate new and improved techniques to safeguard the health or safety of workers. (Added by Stats. 1973, Ch. 993.)
  35. 6454.

    ## 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 5. Temporary Variances [6450 - 6457] ( Chapter 5 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    The division may adopt rules and regulations needed to carry out this chapter and to govern granting or denying temporary variances.

    ## 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 5. Temporary Variances [6450 - 6457] ( Chapter 5 added by Stats. 1973, Ch. 993. ) ## 6454. The division may, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, make such rules and regulations as are reasonably necessary to carry out the provisions of this chapter and to establish rules and regulations relating to the granting or denial of temporary variances. (Amended by Stats. 1983, Ch. 142, Sec. 116.)
  36. 6455.

    ## 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 5. Temporary Variances [6450 - 6457] ( Chapter 5 added by Stats. 1973, Ch. 993. )

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    An employer or other person harmed by a temporary variance decision may appeal to the standards board within 15 working days after receiving 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 5. Temporary Variances [6450 - 6457] ( Chapter 5 added by Stats. 1973, Ch. 993. ) ## 6455. Any employer or other person adversely affected by the granting or denial of a temporary variance may appeal to the standards board within 15 working days from receipt of the notice granting or denying the variance. The 15-day period may be extended by the standards board for good cause. (Added by Stats. 1973, Ch. 993.)
  37. 6456.

    ## 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 5. Temporary Variances [6450 - 6457] ( Chapter 5 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    A standards board decision on a variance appeal binds the director and the division for the parties in that appeal. The director may seek judicial review of the decision even if the director did not appear or participate before 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 5. Temporary Variances [6450 - 6457] ( Chapter 5 added by Stats. 1973, Ch. 993. ) ## 6456. A decision of the standards board on a variance appeal is binding on the director and the division with respect to the parties involved in the particular appeal. The director shall have the right to seek judicial review of a standards board decision irrespective of whether he appeared or participated in the appeal to the standards board. (Added by Stats. 1973, Ch. 993.)
  38. 6457.

    ## 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 5. Temporary Variances [6450 - 6457] ( Chapter 5 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    The standards board must hear and decide appeals about temporary variance decisions, and its decisions must be written and final except for rehearing or judicial review.

    ## 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 5. Temporary Variances [6450 - 6457] ( Chapter 5 added by Stats. 1973, Ch. 993. ) ## 6457. The standards board shall conduct hearings and render decisions on appeals of decisions of the division relating to allowance or denial of temporary variances. All board decisions on such variance appeals shall be in writing and shall be final except for any rehearing or judicial review. (Added by Stats. 1973, Ch. 993.)
  39. 6500.

    ## 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 6. Permit Requirements [6500 - 6510] ( Chapter 6 added by Stats. 1973, Ch. 993. )

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    Some high-risk work requires a permit before work starts, and certain employers must hold an annual permit for large stage/set construction or demolition.

    ## 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 6. Permit Requirements [6500 - 6510] ( Chapter 6 added by Stats. 1973, Ch. 993. ) ## 6500. (a) For those employments or places of employment that by their nature involve a substantial risk of injury, the division shall require the issuance of a permit prior to the initiation of any practices, work, method, operation, or process of employment. The permit requirement of this section is limited to employment or places of employment that are any of the following: (1) Construction of trenches or excavations that are five feet or deeper and into which a person is required to descend. (2) The construction of any building, structure, falsework, or scaffolding more than three stories high or the equivalent height. (3) The demolition of any building, structure, falsework, or scaffold more than three stories high or the equivalent height. (4) The underground use of diesel engines in work in mines and tunnels. This subdivision does not apply to motion picture, television, or theater stages or sets, including, but not limited to, scenery, props, backdrops, flats, greenbeds, and grids. (b) On or after January 1, 2000, this subdivision shall apply to motion picture, television, or theater stages or sets, if there has occurred within any one prior calendar year in any combination at separate locations three serious injuries, fatalities, or serious violations related to the construction or demolition of sets more than 36 feet in height for the motion picture, television, and theatrical production industry. An annual permit shall be required for employers who construct or dismantle motion picture, television, or theater stages or sets that are more than three stories or the equivalent height. A single permit shall be required under this subdivision for each employer, regardless of the number of locations where the stages or sets are located. An employer with a currently valid annual permit issued under this subdivision shall not be required to provide notice to the division prior to commencement of any work activity authorized by the permit. The division may adopt procedures to permit employers to renew by mail the permits issued under this subdivision. For purposes of this subdivision, “motion picture, television, or theater stages or sets” include, but are not limited to, scenery, props, backdrops, flats, greenbeds, and grids. (Amended by Stats. 1997, Ch. 17, Sec. 92. Effective January 1, 1998.)
  40. 6501.

    ## 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 6. Permit Requirements [6500 - 6510] ( Chapter 6 added by Stats. 1973, Ch. 993. )

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    Employers subject to Section 6500 must apply to the division for a permit, and the application must include required safety-compliance 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 6. Permit Requirements [6500 - 6510] ( Chapter 6 added by Stats. 1973, Ch. 993. ) ## 6501. Any employer subject to Section 6500 shall apply to the division for a permit pursuant to Section 6500. Such application for a permit shall contain such information as the division may deem necessary to evaluate the safety of the proposed employment or place of employment. An application by an employer shall include a provision that the applicant has knowledge of applicable occupational safety and health standards and will comply with such standards and any other lawful order of the division. (Repealed and added by Stats. 1973, Ch. 993.)
  41. 6501.5.

    ## 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 6. Permit Requirements [6500 - 6510] ( Chapter 6 added by Stats. 1973, Ch. 993. )

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    Employers or contractors doing asbestos-related work over 100 square feet must register with the division, and they must follow registration, notice, posting, training, certification, and site-notification 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 6. Permit Requirements [6500 - 6510] ( Chapter 6 added by Stats. 1973, Ch. 993. ) ## 6501.5. Effective January 1, 1987, any employer or contractor who engages in asbestos-related work, as defined in Section 6501.8, and which involves 100 square feet or more of surface area of asbestos-containing material, shall register with the division. The division may grant registration based on a determination that the employer has demonstrated evidence that the conditions, practices, means, methods, operations, or processes used, or proposed to be used, will provide a safe and healthful place of employment. This section is not intended to supersede existing laws and regulations under Title 8, California Administrative Code, Section 5208. An application for registration shall contain such information and attachments, given under penalty of perjury, as the division may deem necessary to evaluate the safety and health of the proposed employment or place of employment. It shall include, but not be limited to, all of the following: (a) Every employer shall meet each of the following criteria: (1) If the employer is a contractor, the contractor shall be certified pursuant to Section 7058.5 of the Business and Professions Code. (2) Provide health insurance coverage to cover the entire cost of medical examinations and monitoring required by law and be insured for workers’ compensation, or provide a five hundred dollar ($500) trust account for each employee engaged in asbestos-related work. The health insurance coverage may be provided through a union, association, or employer. (3) Train and certify all employees in accordance with all training required by law and Title 8 of the California Administrative Code. (4) Be proficient and have the necessary equipment to safely do asbestos-related work. (b) Provide written notice to the division of each separate job or phase of work, where the work process used is different or the work is performed at noncontiguous locations, noting all of the following: (1) The address of the job. (2) The exact physical location of the job at that address. (3) The start and projected completion date. (4) The name of a certified supervisor with sufficient experience and authority who shall be responsible for the asbestos-related work at that job. (5) The name of a qualified person, who shall be responsible for scheduling any air sampling, laboratory calibration of air sampling equipment, evaluation of sampling results, and conducting respirator fit testing and evaluating the results of those tests. (6) The type of work to be performed, the work practices that will be utilized, and the potential for exposure. Should any change be necessary, the employer or contractor shall so inform the division at or before the time of the change. Any oral notification shall be confirmed in writing. (c) Post the location where any asbestos-related work occurs so as to be readable at 20 feet stating, “Danger—Asbestos. Cancer and Lung Hazard. Keep Out.” (d) A copy of the registration shall be provided before the start of the job to the prime contractor or other employers on the site and shall be posted on the jobsite beside the Cal-OSHA poster. (e) The division shall obtain the services of three industrial hygienists and one clerical employee to implement and to enforce the requirements of this section unless the director makes a finding that these services are not necessary or that the services are not obtainable due to a lack of qualified hygienists applying for available positions. Funding may, at the director’s discretion, be appropriated from the Asbestos Abatement Fund. (f) Not later than January 1, 1987, the Division of Occupational Safety and Health shall propose to the Occupational Safety and Health Standards Board for review and adoption a regulation concerning asbestos-related work, as defined in Section 6501.8, which involves 100 square feet or more of surface area of asbestos-containing material. The regulation shall protect most effectively the health and safety of employees and shall include specific requirements for certification of employees, supervisors with sufficient experience and authority to be responsible for asbestos-related work, and a qualified person who shall be responsible for scheduling any air sampling, for arranging for calibration of the air sampling equipment and for analysis of the air samples by a NIOSH approved method, for conducting respirator fit testing, and for evaluating the results of the air sampling. The Division of Occupational Safety and Health shall also propose a regulation to the Occupational Safety and Health Standards Board for review and adoption specifying sampling methodology for use in taking air samples. (Amended by Stats. 1986, Ch. 1451, Sec. 10. Effective September 30, 1986.)
  42. 6501.7.

    ## 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 6. Permit Requirements [6500 - 6510] ( Chapter 6 added by Stats. 1973, Ch. 993. )

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    This section defines “asbestos” as fibrous forms of certain hydrated minerals.

    ## 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 6. Permit Requirements [6500 - 6510] ( Chapter 6 added by Stats. 1973, Ch. 993. ) ## 6501.7. “Asbestos” means fibrous forms of various hydrated minerals, including chrysotile (fibrous serpentine), crocidolite (fibrous riebecktite), amosite (fibrous cummingtonite—grunerite), fibrous tremolite, fibrous actinolite, and fibrous anthophyllite. (Added by Stats. 1985, Ch. 1587, Sec. 11. Effective October 2, 1985.)
  43. 6501.8.

    ## 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 6. Permit Requirements [6500 - 6510] ( Chapter 6 added by Stats. 1973, Ch. 993. )

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    This section defines “asbestos-related work” and “asbestos containing construction material,” and creates a limited exclusion for certain asbestos cement pipe work outside buildings if exposure stays below the action level and training/certification requirements 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 6. Permit Requirements [6500 - 6510] ( Chapter 6 added by Stats. 1973, Ch. 993. ) ## 6501.8. (a) For purposes of this chapter, “asbestos-related work” means any activity which by disturbing asbestos-containing construction materials may release asbestos fibers into the air and which is not related to its manufacture, the mining or excavation of asbestos-bearing ore or materials, or the installation or repair of automotive materials containing asbestos. (b) For purposes of this chapter, “asbestos containing construction material” means any manufactured construction material that contains more than one-tenth of 1 percent asbestos by weight. (c) For purposes of this chapter, “asbestos-related work” does not include the installation, repair, maintenance, or nondestructive removal of asbestos cement pipe used outside of buildings, if the installation, repair, maintenance, or nondestructive removal of asbestos cement pipe does not result in asbestos exposures to employees in excess of the action level determined in accordance with Sections 1529 and 5208 of Title 8 of the California Code of Regulations, and if the employees and supervisors involved in the operation have received training through a task-specific training program, approved pursuant to Section 9021.9, with written certification of completion of that training by the training entity responsible for the training. (Amended by Stats. 1993, Ch. 1075, Sec. 1. Effective January 1, 1994.)
  44. 6501.9.

    ## 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 6. Permit Requirements [6500 - 6510] ( Chapter 6 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    Before asbestos-related work begins, the owner, employer, or contractor must try in good faith to determine whether asbestos is present, and the contractor or employer must first ask the owner for buildings built before 1978.

    ## 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 6. Permit Requirements [6500 - 6510] ( Chapter 6 added by Stats. 1973, Ch. 993. ) ## 6501.9. The owner of a commercial or industrial building or structure, employer, or contractor who engages in, or contracts for, asbestos-related work shall make a good faith effort to determine if asbestos is present before the work is begun. The contractor or employer shall first inquire of the owner if asbestos is present in any building or structure built prior to 1978. (Amended by Stats. 1986, Ch. 1451, Sec. 12. Effective September 30, 1986.)
  45. 6502.

    ## 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 6. Permit Requirements [6500 - 6510] ( Chapter 6 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    The division may issue permits for work if the employer shows the work conditions will be 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 6. Permit Requirements [6500 - 6510] ( Chapter 6 added by Stats. 1973, Ch. 993. ) ## 6502. The division may issue a permit based on a determination the employer has demonstrated evidence that the conditions, practices, means, methods, operations or processes used or proposed to be used will provide a safe and healthful place of employment. The division may issue a single permit for two or more projects to be performed by a single employer if similar conditions exist on each project and the chief or his representative is satisfied an adequate safety program has been developed for all the projects. The division may, upon its motion, conduct any investigation or hearing it deems necessary for the purpose of this section, and may require a safety conference prior to the start of actual work. (Repealed and added by Stats. 1973, Ch. 993.)
  46. 6503.

    ## 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 6. Permit Requirements [6500 - 6510] ( Chapter 6 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    A safety conference must include specified representatives and a discussion of the employer’s safety program and planned safety methods and 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 6. Permit Requirements [6500 - 6510] ( Chapter 6 added by Stats. 1973, Ch. 993. ) ## 6503. A safety conference shall include representatives of the owner or contracting agency, the contractor, the employer, employees and employee representatives. The safety conference shall include a discussion of the employer’s safety program and such means, methods, devices, processes, practices, conditions or operations as he intends to use in providing safe employment and a safe place of employment. (Repealed and added by Stats. 1973, Ch. 993.)
  47. 6503.5.

    ## 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 6. Permit Requirements [6500 - 6510] ( Chapter 6 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    A safety conference must be held before any asbestos handling job begins actual work.

    ## 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 6. Permit Requirements [6500 - 6510] ( Chapter 6 added by Stats. 1973, Ch. 993. ) ## 6503.5. A safety conference shall be held for all asbestos handling jobs prior to the start of actual work. It shall include representatives of the owner or contracting agency, the contractor, the employer, employees, and employee representatives. It shall include a discussion of the employer’s safety program and such means, methods, devices, processes, practices, conditions, or operations as the employer intends to use in providing a safe place of employment. (Added by Stats. 1985, Ch. 1587, Sec. 13. Effective October 2, 1985.)
  48. 6504.

    ## 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 6. Permit Requirements [6500 - 6510] ( Chapter 6 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    An employer who gets a permit under this chapter must post a copy of the permit.

    ## 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 6. Permit Requirements [6500 - 6510] ( Chapter 6 added by Stats. 1973, Ch. 993. ) ## 6504. Any employer issued a permit pursuant to this chapter shall post a copy or copies of the permit pursuant to subdivision (a) of Section 6408. (Repealed and added by Stats. 1973, Ch. 993.)
  49. 6505.

    ## 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 6. Permit Requirements [6500 - 6510] ( Chapter 6 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    The division may revoke a permit issued under this chapter if good cause is shown and notice plus an opportunity to be heard are provided.

    ## 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 6. Permit Requirements [6500 - 6510] ( Chapter 6 added by Stats. 1973, Ch. 993. ) ## 6505. The division may at any time, upon good cause being shown therefor, and after notice and an opportunity to be heard revoke any permit issued pursuant to this chapter. (Repealed and added by Stats. 1973, Ch. 993.)
  50. 6505.5.

    ## 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 6. Permit Requirements [6500 - 6510] ( Chapter 6 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    The division may suspend or revoke asbestos-work registrations after notice and hearing if good cause is shown. People involved in asbestos-related work on commercial or industrial buildings built before 1978 can face fines or jail if they start work without first determining whether asbestos is present.

    ## 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 6. Permit Requirements [6500 - 6510] ( Chapter 6 added by Stats. 1973, Ch. 993. ) ## 6505.5. (a) The division may, upon good cause shown, and after notice to the employer or contractor by the division and an opportunity to be heard, revoke or suspend any registration issued to the employer or contractor to do asbestos-related work until certain specified written conditions are met. (b) Any person who owns a commercial or industrial building or structure, any employer who engages in or contracts for asbestos-related work, any contractor, public agency, or any employee acting for any of the foregoing, who, contracts for, or who begins, asbestos-related work in any commercial or industrial building or structure built prior to 1978 without first determining if asbestos-containing material is present, and thereby fails to comply with the applicable laws and regulations, is subject to one of the following penalties: (1) For a knowing or negligent violation, a fine of not more than five thousand dollars ($5,000) or imprisonment in the county jail for not more than six months, or both the fine and imprisonment. (2) For a willful violation which results in death, serious injury or illness, or serious exposure, a fine of not more than ten thousand dollars ($10,000) or imprisonment in the county jail for not more than one year, or both the fine and imprisonment. A second or subsequent conviction under this paragraph may be punishable by a fine of not more than twenty thousand dollars ($20,000) or by imprisonment in the county jail for not more than one year, or by both the fine and imprisonment. (c) It is a defense to an action for violation of this section if the owner, contractor, employer, public agency, or agent thereof, proves, by a preponderance of the evidence, that he or she made a reasonable effort to determine whether asbestos was present. (Amended by Stats. 2017, Ch. 28, Sec. 33. (SB 96) Effective June 27, 2017.)
  51. 6506.

    ## 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 6. Permit Requirements [6500 - 6510] ( Chapter 6 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    An employer denied a permit, or whose permit is revoked, may appeal to the director. Filing the appeal does not stay the revocation unless the director later orders a stay.

    ## 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 6. Permit Requirements [6500 - 6510] ( Chapter 6 added by Stats. 1973, Ch. 993. ) ## 6506. (a) Any employer denied a permit upon application, or whose permit is revoked, may appeal such denial or revocation to the director. (b) The filing of an appeal to the director from a permit revocation by the division shall not stay the revocation. Upon application by the employer with proper notice to the division, and after an opportunity for the division to respond to the application, the director may issue an order staying the revocation while the appeal is pending. (Amended by Stats. 1978, Ch. 1222.)
  52. 6507.

    ## 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 6. Permit Requirements [6500 - 6510] ( Chapter 6 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    The division must set permit and registration fees at amounts reasonably necessary to cover program costs.

    ## 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 6. Permit Requirements [6500 - 6510] ( Chapter 6 added by Stats. 1973, Ch. 993. ) ## 6507. The division shall set fees to be charged for permits and registrations in amounts reasonably necessary to cover the costs involved in administering the permitting and registration programs in this chapter. All permit and registration fees collected under this chapter shall be deposited in the Occupational Safety and Health Fund. (Amended by Stats. 2016, Ch. 31, Sec. 195. (SB 836) Effective June 27, 2016.)
  53. 6508.

    ## 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 6. Permit Requirements [6500 - 6510] ( Chapter 6 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    These listed public entities and regulated utilities do not need a permit under this section.

    ## 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 6. Permit Requirements [6500 - 6510] ( Chapter 6 added by Stats. 1973, Ch. 993. ) ## 6508. No permit shall be required of the State of California, a city, city and county, county, district, or public utility subject to the jurisdiction of the Public Utilities Commission. (Repealed and added by Stats. 1973, Ch. 993.)
  54. 6508.5.

    ## 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 6. Permit Requirements [6500 - 6510] ( Chapter 6 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    No entity is exempt from registration, and specified public bodies must apply for registration through their designated chief executive officer.

    ## 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 6. Permit Requirements [6500 - 6510] ( Chapter 6 added by Stats. 1973, Ch. 993. ) ## 6508.5. No entity shall be exempt from registration. The State of California, a city, city and county, county, district, or public utility subject to the jurisdiction of the Public Utilities Commission, shall be required to apply for a registration through the designated chief executive officer of that body. No registration fees shall be required of any public agencies. (Added by Stats. 1985, Ch. 1587, Sec. 15. Effective October 2, 1985.)
  55. 6509.

    ## 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 6. Permit Requirements [6500 - 6510] ( Chapter 6 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    A person, agent, or officer who violates this chapter commits a misdemeanor.

    ## 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 6. Permit Requirements [6500 - 6510] ( Chapter 6 added by Stats. 1973, Ch. 993. ) ## 6509. Any person, or agent or officer thereof, who violates this chapter is guilty of a misdemeanor. (Added by Stats. 1976, Ch. 33.)
  56. 6509.5.

    ## 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 6. Permit Requirements [6500 - 6510] ( Chapter 6 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    An asbestos consultant may not require extra corrective work as a condition of doing an inspection in the covered 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 6. Permit Requirements [6500 - 6510] ( Chapter 6 added by Stats. 1973, Ch. 993. ) ## 6509.5. (a) If an asbestos consultant has made an inspection for the purpose of determining the presence of asbestos or the need for related remedial action with knowledge that the report has been required by a person as a condition of making a loan of money secured by the property, or is required by a public entity as a condition of issuing a permit concerning the property, the asbestos consultant or any employee, subsidiary, or any company with common ownership, shall not require, as a condition of performing the inspection, that the consultant also perform any corrective work on the property that was recommended in the report. (b) This section does not prohibit an asbestos consultant that has contracted to perform corrective work after the report of another company has indicated the presence of asbestos or the need for related remedial action from making its own inspection prior to performing that corrective work or from making an inspection to determine whether the corrective measures were successful and, if not, thereafter performing additional corrective work. (c) A violation of this section is grounds for disciplinary action against any asbestos consultant who engages in that work pursuant to any license from a state agency. (d) A violation of this section is a misdemeanor punishable by a fine of not less than three thousand dollars ($3,000) and not more than five thousand dollars ($5,000), or by imprisonment in the county jail for not more than one year, or both. (e) For the purpose of this section: (1) “Asbestos consultant” means any person who, for compensation, inspects property to identify asbestos containing materials, determining the risks, or the need for related remedial action. (2) “Asbestos” has the meaning set forth in Section 6501.7. (Added by Stats. 1988, Ch. 1491, Sec. 2.)
  57. 6510.

    ## 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 6. Permit Requirements [6500 - 6510] ( Chapter 6 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    If the division finds an employer operating without a required permit, it may seek an injunction, and the court may immediately issue a temporary 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 6. Permit Requirements [6500 - 6510] ( Chapter 6 added by Stats. 1973, Ch. 993. ) ## 6510. (a) If, after inspection or investigation, the division finds that an employer, without a valid permit, is engaging in activity for which a permit is required, it may, through its attorneys, apply to the superior court of the county in which such activity is taking place for an injunction restraining such activity. (b) The application to the superior court, accompanied by an affidavit showing that the employer, without a valid permit, is engaging in activity for which a permit is required, is a sufficient prima facie showing to warrant, in the discretion of the court, the immediate granting of a temporary restraining order. No bond shall be required of the division as a prerequisite to the granting of any restraining order. (Added by Stats. 1978, Ch. 1222.)
  58. 66.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1.5. Mediation [66 - 67] ( Chapter 1.5 added by Stats. 1939, Ch. 810. )

    Verify source ↗

    The department’s Section 65 services must be conducted by an internal unit called the California State Mediation and Conciliation Service.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1.5. Mediation [66 - 67] ( Chapter 1.5 added by Stats. 1939, Ch. 810. ) ## 66. The services of the department pursuant to Section 65 shall be conducted by a unit within the department to be known as the California State Mediation and Conciliation Service. (Added by Stats. 1978, Ch. 133.)
  59. 6600.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    Certain employers and related obligated persons may appeal to the appeals board within 15 working days after receiving a citation, notice, or proposed 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. ) ## 6600. Any employer served with a citation or notice pursuant to Section 6317, or a notice of proposed penalty under this part, or any other person obligated to the employer as specified in subdivision (b) of Section 6319, may appeal to the appeals board within 15 working days from the receipt of such citation or such notice with respect to violations alleged by the division, abatement periods, amount of proposed penalties, and the reasonableness of the changes required by the division to abate the condition. (Amended by Stats. 1976, Ch. 1404.)
  60. 6600.5.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    Certain employers and related obligated persons may appeal a special order or action order to the appeals board within 15 working days after receiving 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. ) ## 6600.5. Any employer served with a special order or any action order by the division pursuant to Section 6308, or any other person obligated to the employer as specified in subdivision (b) of Section 6319, may appeal to the appeals board within 15 working days from the receipt of the order with respect to the action ordered by the division, abatement periods, the reasonableness of the changes required by the division to abate the condition. (Added by Stats. 1984, Ch. 1138, Sec. 4.)
  61. 6601.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    If the employer does not contest a citation or proposed penalty within 15 working days, and no employee contest is filed on the abatement period, the citation or proposed penalty becomes a final order not reviewable by a court or agency. The appeals board may extend the 15-day period for good cause.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. ) ## 6601. If within 15 working days from receipt of the citation or notice of civil penalty issued by the division, the employer fails to notify the appeals board that he intends to contest the citation or notice of proposed penalty, and no notice contesting the abatement period is filed by any employee or representative of the employee within such time, the citation or notice of proposed penalty shall be deemed a final order of the appeals board and not subject to review by any court or agency. The 15-day period may be extended by the appeals board for good cause. (Amended by Stats. 1974, Ch. 1284.)
  62. 6601.5.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    An employer must tell the appeals board within 15 working days if it intends to contest a special order or action order; otherwise, the order becomes final. The appeals board may extend that 15-day period for good cause.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. ) ## 6601.5. If, within 15 working days from receipt of a special order, or action order by the division, the employer fails to notify the appeals board that he or she intends to contest the order, and no notice contesting the abatement period is filed by any employee or representative of the employee within that time, the order shall be deemed a final order of the appeals board and not subject to review by any court or agency. The 15-day period may be extended by the appeals board for good cause. (Added by Stats. 1984, Ch. 1138, Sec. 5.)
  63. 6602.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    The appeals board must hold a hearing and then issue a decision when an employer contests certain enforcement actions, or when an employee or representative timely challenges the abatement period as unreasonable.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. ) ## 6602. If an employer notifies the appeals board that they intend to contest a citation issued under Section 6317, or notice of proposed penalty issued under Section 6319, or order issued under Section 6308, or if, within 15 working days of the issuance of a citation or order an employee or representative of an employee files a notice with the division or appeals board alleging that the period of time fixed in the citation or order for the abatement of the violation is unreasonable, the appeals board shall afford an opportunity for a hearing. The appeals board shall thereafter issue a decision, based on findings of fact, affirming, modifying, or vacating the division’s citation, order, or proposed penalty, or directing other appropriate relief. If the division establishes an enterprise-wide violation, the appeals board shall include in its decision an enterprise-wide abatement order. (Amended by Stats. 2021, Ch. 336, Sec. 7. (SB 606) Effective January 1, 2022.)
  64. 6603.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    The appeals board’s procedure rules must match certain Government Code provisions and allow affected employees or their representatives to participate in hearings. Superior courts have jurisdiction over contempt proceedings as provided in the cited Government Code article.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. ) ## 6603. (a) The rules of practice and procedure adopted by the appeals board shall be consistent with Article 8 (commencing with Section 11435.05) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of, and Sections 11507, 11507.6, 11507.7, 11513, 11514, 11515, and 11516 of, the Government Code, and shall provide affected employees or representatives of affected employees an opportunity to participate as parties to a hearing under Section 6602. (b) The superior courts shall have jurisdiction over contempt proceedings, as provided in Article 12 (commencing with Section 11455.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 1995, Ch. 938, Sec. 78.5. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.)
  65. 6604.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    The appeals board may direct a hearing officer to hear issues and gather facts, and it must adopt rules of practice and procedure.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. ) ## 6604. The appeals board may, in accordance with rules of practice and procedure which it shall adopt, direct and order a hearing officer: (a) To try the issues in any proceeding before it, whether of fact or of law, and make and file a finding, order, or decision based thereon. (b) To hold hearings and ascertain facts necessary to enable the appeals board to determine any proceeding or to make any order or decision that the appeals board is authorized to make, or necessary for the information of the appeals board. (Repealed and added by Stats. 1973, Ch. 993.)
  66. 6605.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    The appeals board may appoint hearing officers and may shift appeal proceedings to them or back to itself.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. ) ## 6605. The appeals board may appoint one or more hearing officers in any proceeding, as it may deem necessary or advisable, and may defer, remove to itself, or transfer to a hearing officer the proceedings on any appeal. Any hearing officer appointed by the appeals board has the powers, jurisdiction, and authority granted by law, by the order of appointment, and by the rules of the appeals board. (Added by Stats. 1973, Ch. 993.)
  67. 6606.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    A party may object to assigning the proceeding to a particular hearing officer, and the appeals board must hear and decide that objection.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. ) ## 6606. Any party to the proceeding may object to the reference of the proceeding to a particular hearing officer upon any one or more of the grounds specified in Section 641 of the Code of Civil Procedure and such objection shall be heard and disposed of by the appeals board. Affidavits may be read and witnesses examined as to such objections. (Added by Stats. 1973, Ch. 993.)
  68. 6607.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    A hearing officer must be sworn before starting duties, and may administer oaths, affirmations, and certify official acts in proceedings 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. ) ## 6607. Before entering upon his duties, the hearing officer shall be sworn, before an officer authorized to administer oaths, faithfully and fairly to hear and determine the matters and issues referred to him, to make just findings and to report according to his understanding. In any proceedings under this chapter, the hearing officer shall have the power to administer oaths and affirmations and to certify official acts. (Added by Stats. 1973, Ch. 993.)
  69. 6608.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    The appeals board or a hearing officer must file findings and an order or decision within 30 days after the case is submitted, and must serve the parties with a summary of the evidence and the reasons for the decision.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. ) ## 6608. The appeals board or a hearing officer shall, within 30 days after the case is submitted, make and file findings upon all facts involved in the appeal and file an order or decision. Together with the findings or the decision, there shall be served upon all the parties to the proceedings a summary of the evidence received and relied upon and the reasons or grounds upon which the decision was made. (Added by Stats. 1973, Ch. 993.)
  70. 6609.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    The appeals board may, within 30 days after the filing of the findings, decision, or order, confirm, adopt, modify, or set aside a hearing officer’s decision.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. ) ## 6609. Within 30 days after the filing of the findings, decision, or order, the appeals board may confirm, adopt, modify or set aside the findings, order, or decision of a hearing officer and may, with or without further proceedings, and with or without notice, enter its order, findings, or decision based upon the record in the case. (Added by Stats. 1973, Ch. 993.)
  71. 6610.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    Notices, orders, and decisions under this part must generally be served as provided by the Code of Civil Procedure, unless the appeals board directs 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. ) ## 6610. Any notice, order, or decision required by this part to be served upon any person either before, during, or after the institution of any proceeding before the appeals board, shall be served in the manner provided by Chapter 5 (commencing with Section 1010) of Title 14 of Part 2 of the Code of Civil Procedure, unless otherwise directed by the appeals board. In the latter event the document shall be served in accordance with the order or direction of the appeals board. The appeals board may, in the cases mentioned in the Code of Civil Procedure, order service to be made by publication of notice of time and place of hearing. Where service is ordered to be made by publication the date of the hearing shall be fixed at more than 30 days from the date of filing the application. (Added by Stats. 1973, Ch. 993.)
  72. 6611.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    If the employer does not appear, the appeals board may dismiss the appeal or decide it based on the employer’s admissions or other evidence, and the appeal may be reinstated if the employer shows good cause for not appearing.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. ) ## 6611. (a) If the employer fails to appear, the appeals board may dismiss the appeal or may take action upon the employer’s express admissions or upon other evidence, and affidavits may be used without any notice to the employer. Where the burden of proof is upon the employer to establish the appeals board action sought, the appeals board may act without taking evidence. Nothing in this section shall be construed to deprive the employer of the right to make any showing by way of mitigation. (b) The appeal may be reinstated by the appeals board upon a showing of good cause by the employer for his failure to appear. (Amended by Stats. 1974, Ch. 1284.)
  73. 6612.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    Informalities in a proceeding or in taking testimony do not invalidate an order, decision, or finding filed as required by this division.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. ) ## 6612. No informality in any proceeding or in the manner of taking testimony shall invalidate any order, decision, or finding made and filed as specified in this division. No order, decision, or finding shall be invalidated because of the admission into the record, and use as proof of any fact in dispute of any evidence not admissible under the common law or statutory rules of evidence and procedure. (Added by Stats. 1973, Ch. 993.)
  74. 6613.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    In proceedings before the appeals board, the appeals board, a hearing officer, or any party may take witness depositions and require witness attendance and records production. Depositions may also be taken outside the state, and evidence may be taken in other jurisdictions before the local agency handling similar matters.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. ) ## 6613. The appeals board, a hearing officer, or any party to the action or proceeding, may, in any investigation or hearing before the appeals board, cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in the superior courts of this state under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure. To that end the attendance of witnesses and the production of records may be required. Depositions may be taken outside the state before any officer authorized to administer oaths. The appeals board or a hearing officer in any proceeding before the appeals board may cause evidence to be taken in other jurisdictions before the agency authorized to hear similar matters in such other jurisdictions. (Amended by Stats. 2004, Ch. 182, Sec. 48. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  75. 6614.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    A party aggrieved by a final order or decision may ask the appeals board to reconsider it within 30 days after service; the appeals board may also reconsider a hearing officer’s order on its own within 30 days after filing.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. ) ## 6614. (a) At any time within 30 days after the service of any final order or decision made and filed by the appeals board or a hearing officer, any party aggrieved directly or indirectly by any final order or decision, made and filed by the appeals board or a hearing officer under 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 or decision and specified in the petition for reconsideration. Such petition shall be made only within the time and in the manner specified in this chapter. (b) At any time within 30 days after the filing of an order or decision made by a hearing officer and the accompanying report, the appeals board may, on its own motion, grant reconsideration. (Amended by Stats. 1974, Ch. 1284.)
  76. 6615.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    A person cannot bring a court cause of action based on a final appeals board or hearing officer order until the stated reconsideration steps are resolved.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. ) ## 6615. No cause of action arising out of any final order or decision made and filed by the appeals board or a hearing officer shall accrue in any court to any person until and unless the appeals board on its own motion sets aside such final order or decision and removes such proceeding to itself or such person files a petition for reconsideration, and such reconsideration is granted or denied. Nothing herein contained shall prevent the enforcement of any such final order or decision, in the manner provided in this division. (Added by Stats. 1973, Ch. 993.)
  77. 6616.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    A petition for reconsideration must state the grounds in full detail, identify 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 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. ) ## 6616. The petition for reconsideration shall set forth specifically and in full detail the grounds upon which the petitioner considers the final order or decision made and filed by the appeals board or a hearing officer 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. (Added by Stats. 1973, Ch. 993.)
  78. 6617.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    A petition for reconsideration may rely only on the listed grounds.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. ) ## 6617. The petition for reconsideration may be based upon one or more of the following grounds and no other: (a) That by such order or decision made and filed by the appeals board or hearing officer, the appeals board acted without or in excess of its powers. (b) That the order or decision 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, which he could not, with reasonable diligence, have discovered and produced at the hearing. (e) That the findings of fact do not support the order or decision. (Amended by Stats. 1974, Ch. 1284.)
  79. 6618.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    A petitioner for reconsideration loses the ability to raise objections, irregularities, or illegalities about the reconsidered matter except those stated in the petition.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. ) ## 6618. 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. (Added by Stats. 1973, Ch. 993.)
  80. 6619.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    A person asking for reconsideration must promptly serve a copy of the petition on all parties; any party may file a verified answer within 30 days; and the appeals board may require service on additional persons it designates.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. ) ## 6619. A copy of the petition for reconsideration shall be served forthwith upon all parties by the person petitioning for reconsideration. Any party may file an answer thereto within 30 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. 1979, Ch. 344.)
  81. 6620.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    The appeals board may reconsider its own or a hearing officer’s order or decision and may affirm, rescind, alter, amend, or take additional evidence. If there is a reconsideration hearing, notice of its time and place must be given to the petitioner, adverse parties, and anyone else the board orders.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. ) ## 6620. 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 or decision made and filed by the appeals board or hearing officer 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 such other persons as the appeals board orders. (Added by Stats. 1973, Ch. 993.)
  82. 6621.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    When reconsideration is granted, the appeals board may decide the case on the record and may affirm, rescind, alter, or amend the prior order or decision if it sees no need for more testimony.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. ) ## 6621. 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 or decision made and filed by the appeals board or hearing officer and may, without further proceedings, without notice, and without setting a time and place for further hearing, enter its findings, order or decision based upon the record in the case. (Added by Stats. 1973, Ch. 993.)
  83. 6622.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    After additional evidence and review of all facts, the appeals board may affirm, rescind, alter, or amend the original order or decision.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. ) ## 6622. 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 or decision. An order or decision made following reconsideration which affirms, rescinds, alters, or amends the original order or decision shall be made by the appeals board but shall not affect any right or the enforcement of any right arising from or by virture of the original order or decision unless so ordered by the appeals board. (Added by Stats. 1973, Ch. 993.)
  84. 6623.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    The appeals board must make these reconsideration decisions itself, in writing, signed by a majority of assigned members, and it must state the evidence and detailed reasons.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. ) ## 6623. Any decision of the appeals board granting or denying a petition for reconsideration or affirming, rescinding, altering, or amending the original findings, order, or decision following reconsideration shall be made by the appeals board and not by a hearing officer 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. (Added by Stats. 1973, Ch. 993.)
  85. 6624.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    A petition for reconsideration is denied if the appeals board does not act on it within 45 days after filing. The appeals board may extend its time to act by up to 15 days for good cause.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. ) ## 6624. A petition for reconsideration is deemed to have been denied by the appeals board unless it is acted upon within 45 days from the date of filing. The appeals board may, upon good cause being shown therefor, extend the time within which it may act upon that petition for not exceeding 15 days. (Amended by Stats. 1991, Ch. 734, Sec. 1.)
  86. 6625.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    A petition for reconsideration usually pauses the affected order for 10 days, but serious safety citations stay in force unless the employer proves a stay will not harm employee health and safety.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. ) ## 6625. (a) (1) Except as provided in subdivision (b), the filing of a petition for reconsideration suspends for a period of 10 days the order or decision affected, insofar as it applies to the parties to the petition, unless otherwise ordered by the appeals board. (2) Except as provided in subdivision (b), the appeals board, upon the terms and conditions which it by order directs, may stay, suspend, or postpone the order or decision during the pendency of the reconsideration. (b) The filing of a petition for, or the pendency of, reconsideration of a final order or decision involving a citation classified as serious, repeat serious, or willful serious does not stay or suspend the requirement to abate the hazards affirmed by the decision or order unless the employer demonstrates by a preponderance of the evidence that a stay or suspension of abatement will not adversely affect the health and safety of employees. The employer must request a stay or suspension of abatement by filing a written, verified petition with supporting declarations within 10 days after the issuance of the order or decision. (Amended by Stats. 2015, Ch. 303, Sec. 381. (AB 731) Effective January 1, 2016.)
  87. 6626.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    The appeals board may reconsider an original order or decision, either on petition of an aggrieved party or on its own motion, within the same time allowed for reconsideration.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. ) ## 6626. Nothing contained in this chapter 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 or decision made and filed by the appeals board within the same time specified for reconsideration of an original order or decision. (Added by Stats. 1973, Ch. 993.)
  88. 6627.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    A person affected by an appeals board order or decision may seek a writ of mandate in superior court, but the application must be filed within the section’s time limit.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. ) ## 6627. Any person affected by an order or decision of the appeals board may, within the time limit specified in this section, apply to the superior court of the county in which he resides, for a writ of mandate, for the purpose of inquiring into and determining the lawfulness of the original order or decision or of the order or decision following reconsideration. The application for writ of mandate must be made within 30 days after a petition for reconsideration is denied, or, if a petition is granted or reconsideration is had on the appeals board’s own motion, within 30 days after the filing of the order or decision following reconsideration. (Added by Stats. 1973, Ch. 993.)
  89. 6628.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    A writ of mandate must be returnable at a court-specified time and place, and the appeals board must certify the record to the court within the specified 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. ) ## 6628. The writ of mandate 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. (Added by Stats. 1973, Ch. 993.)
  90. 6629.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    The court’s review is limited to specific review questions and cannot become a new trial or independent evidence review.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. ) ## 6629. 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 or decision was procured by fraud. (c) The order or decision was unreasonable. (d) The order or decision was not supported by substantial evidence. (e) If findings of fact are made, such findings of fact support the order or decision 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. (Added by Stats. 1973, Ch. 993.)
  91. 6630.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    The appeals board’s factual findings are final and not reviewable. In mandate proceedings, the appeals board and each party may appear, and the court must enter judgment affirming or annulling the order or decision, or may send the case back to the appeals 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. ) ## 6630. 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 mandate proceeding. Upon the hearing, the court shall enter judgment either affirming or annulling the order or decision, or the court may remand the case for further proceedings before the appeals board. (Amended by Stats. 1974, Ch. 1284.)
  92. 6631.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    Court proceedings under this part follow applicable writ-of-mandate procedures, and copies of filed pleadings must be served on the appeals board and adverse parties who appeared before 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. ) ## 6631. The provisions of the Code of Civil Procedure relating to writs of mandate shall, so far as applicable, apply to proceedings in the courts under the provisions of this part. A copy of every pleading filed pursuant to the terms of this part 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. (Added by Stats. 1973, Ch. 993.)
  93. 6632.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    Most California state courts are barred from reviewing or interfering with appeals board orders, rules, or decisions, except as specifically allowed for the Supreme Court, courts of appeal, and limited superior court review.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. ) ## 6632. No court of this state, except the Supreme Court, the courts of appeal, and the superior court to the extent herein specified, has jurisdiction to review, reverse, correct, or annul any order or rule, or decision 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. (Amended by Stats. 1974, Ch. 1284.)
  94. 6633.

    ## 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    Filing or pending a writ of mandate does not automatically stay an appeals board order, but the court may stay or suspend it in whole or in 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 7. Appeal Proceedings [6600 - 6633] ( Chapter 7 added by Stats. 1973, Ch. 993. ) ## 6633. The filing of a petition for, or the pendency of, a writ of mandate shall not of itself stay or suspend the operation of any order, rule or decision 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 or decision of the appeals board subject to review, upon the terms and conditions which it by order directs. (Amended by Stats. 1974, Ch. 1284.)
  95. 6650.

    ## 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 8. Enforcement of Civil Penalties [6650 - 6652] ( Chapter 8 repealed and added by Stats. 1974, Ch. 1284. )

    Verify source ↗

    This section lets the department file unpaid civil penalty paperwork in superior court, requires the clerk to enter judgment, and bars court fees for required official services.

    ## 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 8. Enforcement of Civil Penalties [6650 - 6652] ( Chapter 8 repealed and added by Stats. 1974, Ch. 1284. ) ## 6650. (a) After the expiration of the period during which a penalty may be appealed, no appeal having been filed, the department may file with the clerk of the superior court in any county a certified copy of the citation and notice of civil penalty, the certification by the department that the penalty remains unpaid, and the division’s proof of service on the employer of the items filed with the clerk of the court. (b) After the exhaustion of the review procedures provided for in Chapter 7 (commencing with Section 6600), an appeal having been filed, the department may file with the clerk of the superior court in any county a certified copy of the citation and notice of civil penalty, a certified copy of the order, findings or decision of the appeals board, the certification of the department that the penalty remains unpaid, and proof of service on the employer at the employer’s address as shown on the official address record by the appeals board. (c) The clerk, immediately upon the filing of a notice of civil penalty by the department pursuant to subdivision (a) or (b), shall enter judgment for the state against the person assessed the civil penalty in the amount of the penalty, plus interest due for each day from the date of issuance of the notice of civil penalty that the penalty remains unpaid. (d) The department shall serve the notice of entry of judgment provided by Section 664.5 of the Code of Civil Procedure on the employer. (e) A judgment entered pursuant to this section shall bear the same rate of interest, have the same effect as other judgments, and be given the same preference allowed by law on other judgments rendered for claims for taxes pursuant to Section 7170 of the Government Code. (f) No fees shall be charged by the clerk of any court for the performance of any official service required by this chapter. (Amended by Stats. 2000, Ch. 135, Sec. 130. Effective January 1, 2001.)
  96. 6651.

    ## 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 8. Enforcement of Civil Penalties [6650 - 6652] ( Chapter 8 repealed and added by Stats. 1974, Ch. 1284. )

    Verify source ↗

    A civil penalty, fee, or penalty fee under this division must be collected by an action started within three years after it becomes final.

    ## 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 8. Enforcement of Civil Penalties [6650 - 6652] ( Chapter 8 repealed and added by Stats. 1974, Ch. 1284. ) ## 6651. (a) Notwithstanding Section 340 of the Code of Civil Procedure, an action to collect any civil penalty, fee, or penalty fee under this division shall be commenced within three years from the date the penalty or fee became final. (b) The amendments made to this section by the act adding this subdivision shall only apply to penalty assessments or fees for which the three-year period prescribed in this section for the commencement of an action to collect a civil penalty or fee has not expired on the effective date of the act adding this subdivision. (Amended by Stats. 1993, Ch. 998, Sec. 2. Effective January 1, 1994.)
  97. 6652.

    ## 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 8. Enforcement of Civil Penalties [6650 - 6652] ( Chapter 8 repealed and added by Stats. 1974, Ch. 1284. )

    Verify source ↗

    The division must send the Contractors’ State License Board a certified copy of certain final civil-penalty notices, and must send the employer a written confirmation or receipt after the penalty is paid.

    ## 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 8. Enforcement of Civil Penalties [6650 - 6652] ( Chapter 8 repealed and added by Stats. 1974, Ch. 1284. ) ## 6652. The division shall provide the Contractors’ State License Board with a certified copy of every notice of civil penalty deemed to be a final order pursuant to Section 6601 or after the exhaustion of all other review procedures pursuant to Chapter 7 (commencing with Section 6600) when both of the following have occurred: (a) The employer served with the notice of civil penalty is, or is thought to be, a licensee licensed by the Contractors’ State License Board. (b) The employer referred to in subdivision (a) has failed to pay the civil penalty after a period of 60 days following that employer’s receipt of the notice of civil penalty. (c) When the employer has paid the civil penalty referenced in the certified copy of notice of civil penalty that was provided to the Contractors’ State License Board, including all interest owed thereon, then the division shall provide to the employer who was the subject of the certified copy of notice a written confirmation or receipt stating that the employer has paid the amount owed that was the subject of the certified notice provided to the board. (Added by Stats. 1991, Ch. 1210, Sec. 4.)
  98. 67.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1.5. Mediation [66 - 67] ( Chapter 1.5 added by Stats. 1939, Ch. 810. )

    Verify source ↗

    The director may collect reimbursement for certain mediation-related services, and must adopt regulations to implement this section.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1.5. Mediation [66 - 67] ( Chapter 1.5 added by Stats. 1939, Ch. 810. ) ## 67. (a) Notwithstanding any other law, the director may seek and collect reimbursement from private and public sector employers, labor unions, and employee organizations for election, arbitration, and training and facilitation services provided by the California State Mediation and Conciliation Service pursuant to Section 65 and for representation services, including the provision of hearing officers, related to public transit labor relations provided by the California State Mediation and Conciliation Service pursuant to the Public Utilities Code. (b) The director shall adopt regulations implementing this section. (Added by Stats. 2009, 4th Ex. Sess., Ch. 12, Sec. 24. Effective July 28, 2009.)
  99. 6700.

    ## 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    An employer is conclusively presumed to be maintaining an unsafe place of employment if it allows certain flammable or combustible materials for gas houseline or piping pressure tests, or if gas pipelines are tested with gas above the applicable ASME code pressure 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. ) ## 6700. (a) Any employer who causes or allows the use of any flammable or combustible material for the installation acceptance pressure test of any gas houseline or piping shall be conclusively presumed to be maintaining an unsafe place of employment. (b) Any employer who causes or allows gas pipelines to be tested with gas at pressures in excess of that permitted by applicable sections of the American Society of Mechanical Engineers Code for Pressure Piping shall be conclusively presumed to be maintaining an unsafe place of employment. (Added by Stats. 1973, Ch. 993.)
  100. 6701.

    ## 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    The standards board must set maximum allowable emissions standards for contaminants from portable and mobile internal combustion engines used in enclosed workplace 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. ) ## 6701. It shall be the duty of the standards board to determine by the maximum allowable standards of emissions of contaminants from portable and from mobile internal combustion engines used inside factories, manufacturing plants, warehouses, buildings and other enclosed structures, which standards are compatible with the safety and health of employees. (Added by Stats. 1973, Ch. 993.)
  101. 6702.

    ## 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    Certain portable and mobile internal combustion engines used in enclosed workplaces must be equipped with a certified exhaust purifier device once the device has been certified by the State Air Resources 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. ) ## 6702. All portable and all mobile internal combustion engines that are used inside factories, manufacturing plants, warehouses, buildings and other enclosed structures shall be equipped with a certified exhaust purifier device after the certification of the device by the State Air Resources Board. The Division of Occupational Safety and Health shall be responsible for the enforcement of the provisions of this section. (Amended by Stats. 1980, Ch. 676.)
  102. 6703.

    ## 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    Sections 6701 and 6702 apply to portable and mobile internal combustion engines used inside enclosed work sites, unless their operation does not create harmful exposure above acceptable gas or fume levels set 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. ) ## 6703. Sections 6701 and 6702 shall apply to all portable and all mobile internal combustion engines used inside factories, manufacturing plants, warehouses, buildings and other enclosed structures unless the operation of such an engine used inside a particular factory, plant, warehouse, building or enclosed structure does not result in harmful exposure to concentrations of dangerous gases or fumes in excess of maximum acceptable concentrations as determined by the standards board. (Amended by Stats. 1974, Ch. 1284.)
  103. 6704.

    ## 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    Cranes of this type and size sold or operated in the state must have boomstops that meet standards set 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. ) ## 6704. All crawler and wheel cranes with cable-controlled booms and with rated lifting capacity of more than 10 tons sold or operated in this state shall be equipped with boomstops that meet standards that shall be established therefor by the standards board. (Added by Stats. 1973, Ch. 993.)
  104. 6705.

    ## 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    Public works contracts over $25,000 for trench excavation five feet or deeper must include a clause requiring a detailed worker-protection plan before excavation.

    ## 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. ) ## 6705. No contract for public works involving an estimated expenditure in excess of twenty-five thousand dollars ($25,000), for the excavation of any trench or trenches five feet or more in depth, shall be awarded unless it contains a clause requiring submission by the contractor and acceptance by the awarding body or by a registered civil or structural engineer, employed by the awarding body, to whom authority to accept has been delegated, in advance of excavation, of a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders. Nothing in this section shall be construed to impose tort liability on the awarding body or any of its employees. The terms “public works” and “awarding body”, as used in this section, shall have the same meaning as in Sections 1720 and 1722, respectively, of the Labor Code. (Added by Stats. 1973, Ch. 993.)
  105. 6705.5.

    ## 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    Department excavation-safety regulations apply to swimming pool excavations only when a qualified person finds recognizable conditions creating injury risk from moving ground, and employees may not enter until the condition is fixed or no longer exists.

    ## 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. ) ## 6705.5. Regulations of the department requiring the shoring, bracing, or sloping of excavations, or which contain similar requirements for excavations, shall only apply to the excavation of swimming pools where a reasonable examination by a qualified person reveals recognizable conditions which would expose employees to injury from possible moving ground. If these conditions are found to exist with respect to a swimming pool excavation, employees shall not be permitted to enter the excavation until the condition is abated or otherwise no longer exists. (Added by Stats. 1985, Ch. 815, Sec. 1.)
  106. 6706.

    ## 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    For certain trench or excavation projects, only one permit is required, and Section 6500 does not apply in listed emergency and other limited 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. ) ## 6706. For the purposes of subdivision (a) of Section 6500, only one permit shall be required for a project involving several trenches or excavations. The provisions of Section 6500 shall not apply to the construction of trenches or excavations for the purpose of performing emergency repair work to underground facilities, or the construction of swimming pools, or the construction of “graves” as defined in Section 7014 of the Health and Safety Code or to the construction or final use of excavations or trenches where the construction or final use does not require a person to descend into the excavations or trenches. (Added by Stats. 1973, Ch. 993.)
  107. 6707.

    ## 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    When a state or local government issues certain construction bids for deeper excavations, the bid must include adequate sheeting, shoring, bracing, or an equivalent safety method.

    ## 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. ) ## 6707. Whenever the state, a county, city and county, or city issues a call for bids for the construction of a pipeline, sewer, sewage disposal system, boring and jacking pits, or similar trenches or open excavations, which are five feet or deeper, such call shall specify that each bid submitted in response thereto shall contain, as a bid item, adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life or limb, which shall conform to applicable safety orders. Nothing in this section shall be construed to impose tort liability on the body awarding the contract or any of its employees. This section shall not apply to contracts awarded pursuant to the provisions of Chapter 3 (commencing with Section 14250) of Part 5 of Division 3 of Title 2 of the Government Code. (Added by Stats. 1973, Ch. 993.)
  108. 6708.

    ## 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    Contractors on construction projects must maintain adequate emergency first aid treatment for their 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. ) ## 6708. Every contractor on a construction project, including but not limited to any public works, shall maintain adequate emergency first aid treatment for his employees. As used in this section, “adequate” shall be construed to mean sufficient to comply with the Federal Occupational Safety and Health Act of 1970 (P.L. 91-596). (Added by Stats. 1973, Ch. 993.)
  109. 6709.

    ## 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    Certain construction employers in highly endemic Valley Fever counties must give Valley Fever awareness training to all employees on the stated schedule.

    ## 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. ) ## 6709. (a) The Legislature finds and declares that Valley Fever is caused by a microscopic fungus known as Coccidioides immitis, which lives in the top 2 to 12 inches of soil in many parts of the state. When soil is disturbed by activities such as digging, grading, or driving, or is disturbed by environmental conditions such as high winds, fungal spores can become airborne and can potentially be inhaled. (b) This section applies to a construction employer with employees working at worksites in counties where Valley Fever is highly endemic, including, but not limited to, the Counties of Fresno, Kern, Kings, Madera, Merced, Monterey, San Joaquin, San Luis Obispo, Santa Barbara, Tulare, and Ventura, where work activities disturb the soil, including, but not limited to, digging, grading, or other earth moving operations, or vehicle operation on dirt roads, or high winds. Highly endemic means that the annual incidence rate of Valley Fever is greater than 20 cases per 100,000 persons per year. (c) An employer subject to this section pursuant to subdivision (b) shall provide effective awareness training on Valley Fever to all employees by May 1, 2020, and annually by that date thereafter, and before an employee begins work that is reasonably anticipated to cause exposure to substantial dust disturbance. Substantial dust disturbance means visible airborne dust for a total duration of one hour or more on any day. The training may be included in the employer’s injury and illness prevention program training or as a standalone training program. The training shall include all of the following topics: (1) What Valley Fever is and how it is contracted. (2) High risk areas and types of work and environmental conditions during which the risk of contracting Valley Fever is highest. (3) Personal risk factors that may create a higher risk for some individuals, including pregnancy, diabetes, having a compromised immune system due to causes including, but not limited to, human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS), having received an organ transplant, or taking immunosuppressant drugs such as corticosteroids or tumor necrosis factor inhibitors. (4) Personal and environmental exposure prevention methods that may include, but are not limited to, water-based dust suppression, good hygiene when skin and clothing is soiled by dust, limiting contamination of drinks and food, working upwind from dusty areas when feasible, wet cleaning dusty equipment when feasible, and wearing a respirator when exposure to dust cannot be avoided. (5) The importance of early detection, diagnosis, and treatment to help prevent the disease from progressing. Early diagnosis and treatment are important because the effectiveness of medication is greatest in early stages of the disease. (6) Recognizing common signs and symptoms of Valley Fever, which include fatigue, cough, fever, shortness of breath, headache, muscle aches or joint pain, rash on upper body or legs, and symptoms similar to influenza that linger longer than usual. (7) The importance of reporting symptoms to the employer and seeking medical attention from a physician and surgeon for appropriate diagnosis and treatment. (8) Common treatment and prognosis for Valley Fever. (d) Training materials may include existing material on Valley Fever developed by a federal, state, or local agency, including, but not limited to, the federal Centers for Disease Control and Prevention, the State Department of Public Health, or a local health department. (e) In the event that a county which has not been previously identified as being highly endemic is determined to be highly endemic per the annual report published by the State Department of Public Health, this section does not apply in the initial year of that county’s listing in the report. However, this section applies to employers in that county in the year subsequent to the department’s publication that initially identified the county as being highly endemic. (f) This section applies to an employer whenever employment exists in connection with the construction, alteration, painting, repairing, construction maintenance, renovation, removal, or wrecking of any fixed structure or its parts. (Amended by Stats. 2020, Ch. 370, Sec. 225. (SB 1371) Effective January 1, 2021.)
  110. 6710.

    ## 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    Where explosives are used at a workplace, a licensed person must supervise and visually direct the blasting operation. The section also defines “explosives” and excludes certain items, and it does not apply to some Health and Safety Code licensees.

    ## 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. ) ## 6710. (a) At every place of employment where explosives are used in the course of employment, there shall be a person licensed pursuant to the provisions of Chapter 3 (commencing with Section 7990) of Part 9 of Division 5, to supervise and visually direct the blasting operation. (b) For the purposes of this section, “explosives” shall include, but not be limited to, class A and B explosives, blasting caps, detonating cord, and charges or projectiles used in the control of avalanches. For the purposes of this section, “explosives” shall not include small arms ammunition or class C explosives such as explosive powerpacks in the form of explosive cartridges or explosive-charged construction devices, explosive rivets, bolts, and charges for driving pins and studs, and cartridges for explosive-actuated power devices. (c) This section shall not apply to persons, firms, or corporations licensed pursuant to Part 2 (commencing with Section 12500) of Division 11 of the Health and Safety Code. (Amended by Stats. 1985, Ch. 958, Sec. 1.)
  111. 6711.

    ## 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    The division must create and administer an oral and written exam for certain explosives users in snow avalanche blasting, and those persons must pass it before being licensed.

    ## 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. ) ## 6711. (a) The division shall develop and administer an oral and written examination for persons using explosives, as defined in Section 6710, while engaged in snow avalanche blasting. Any person engaged in snow avalanche blasting shall pass this examination prior to being licensed by the division. (b) The division shall select an advisory committee to assist the division in preparing the data and information for the written and oral qualifying examination. The advisory committee shall consist of not less than seven members, nor more than nine members, with at least one representative from explosives manufacturers, snow avalanche blasting consultants, the recreational snow ski industry, a public recreation area, the California Department of Transportation, and the division. (Added by Stats. 1985, Ch. 958, Sec. 2.)
  112. 6712.

    ## 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    The standards board must adopt a field sanitation safety standard, and the division must enforce and coordinate implementation of 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. ) ## 6712. (a) The standards board shall, no later than December 1, 1991, adopt an occupational safety and health standard for field sanitation. The standard shall comply with all of the following: (1) The standard shall be at least as effective as the federal field sanitation standard contained in Section 1928.110 of Title 29 of the Code of Federal Regulations. (2) The standard shall be at least as effective as California field sanitation requirements in effect as of July 1, 1990, pursuant to Article 4 (commencing with Section 113310) of Chapter 11 of Part 6 of Division 104 of the Health and Safety Code, Article 1 (commencing with Section 118375) of Chapter 1 of Part 15 of Division 104 of the Health and Safety Code, and Section 2441 of this code. (3) The standard shall apply to all agricultural places of employment. (4) The standard shall require that toilets are serviced and maintained in a clean, sanitary condition and kept in good repair at all times, including written records of that service and maintenance. (b) Consistent with its mandatory investigation and reinspection duties under Sections 6309, 6313, and 6320, the division shall develop and implement a special emphasis program for enforcement of the standard for at least two years following its adoption. Not later than March 15, 1995, the division shall also develop a written plan to coordinate its enforcement program with other state and local agencies. The division shall be the lead enforcement agency. Other state and local agencies shall cooperate with the division in the development and implementation of the plan. The division shall report to the Legislature, not later than January 1, 1994, on its enforcement program. The plan shall provide for coordination between the division and local officials in counties where the field sanitation facilities required by the standard adopted pursuant to subdivision (a) are registered by the county health officer or other appropriate official of the county where the facilities are located. The division shall establish guidelines to assist counties that choose to register sanitation facilities pursuant to this section, for developing service charges, fees, or assessments to defray the costs of registering the facilities, taking into consideration the differences between small and large employers. (c) (1) Past violations by a fixed-site or nonfixed-site employer, occurring anywhere in the state within the previous five years, of one or more field sanitation regulations established pursuant to this section, or of Section 1928.110 of Title 29 of the Code of Federal Regulations, shall be considered for purposes of establishing whether a current violation is a repeat violation under Section 6429. (2) Past violations by a fixed-site or nonfixed-site employer, occurring anywhere in the state within the previous five years, of one or more field sanitation regulations established pursuant to this section, Article 4 (commencing with Section 113310) of Chapter 11 of Part 6 of Division 104 of the Health and Safety Code, Article 1 (commencing with Section 118375) of Part 15 of Division 104 of the Health and Safety Code, or Section 2441 of this code, or of Section 1928.110 of Title 29 of the Code of Federal Regulations, shall constitute evidence of willfulness for purposes of Section 6429. (d) (1) Notwithstanding Sections 6317 and 6434, any employer who fails to provide the facilities required by the field sanitation standard shall be assessed a civil penalty under the appropriate provisions of Sections 6427 to 6430, inclusive, except that in no case shall the penalty be less than seven hundred fifty dollars ($750) for each violation. (2) Abatement periods fixed by the division pursuant to Section 6317 for violations shall be limited to one working day. However, the division may, pursuant to Section 6319.5, modify the period in cases where a good faith effort to comply with the abatement requirement is shown. The filing of an appeal with the appeals board pursuant to Sections 6319 and 6600 shall not stay the abatement period. (3) An employer cited pursuant to paragraph (1) of this subdivision shall be required to annually complete a field sanitation compliance form which shall list the estimated peak number of employees, the toilets, washing, and drinking water facilities to be provided by the employer, any rental and maintenance agreements, and any other information considered relevant by the division for a period of five years following the citation. The employer shall be required to annually submit the completed form, subscribed under penalty of perjury, to the division, or to an agency designated by the division. (e) The division shall notify the State Department of Health Services and the appropriate local health officers whenever a violation of the standard adopted pursuant to this section may result in the adulteration of food with harmful bacteria or other deleterious substances within the meaning of Article 5 (commencing with Section 110545) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code. (f) Pending final adoption and approval of the standard required by subdivision (a), the division may enforce the field sanitation standards prescribed by Section 1928.110 of Title 29 of the Code of Federal Regulations, except subdivision (a) of Section 1928.110, in the same manner as other standards contained in this division. (Amended by Stats. 1996, Ch. 1023, Sec. 383. Effective September 29, 1996.)
  113. 6716.

    ## 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    This section defines “lead-related construction work” for this division.

    ## 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. ) ## 6716. For the purposes of this division, “lead-related construction work” means any of the following: (a) Any construction, alteration, painting, demolition, salvage, renovation, repair, or maintenance of any building or structure, including preparation and cleanup, that, by using or disturbing lead-containing material or soil, may result in significant exposure of employees to lead as determined by the standard adopted pursuant to Section 6717. (b) The transportation, disposal, storage, or containment of materials containing lead on site or at a location at which construction activities are performed. “Lead-related construction work” does not include any activity related to the manufacture or mining of lead or the installation or repair of automotive materials containing lead. (Added by Stats. 1993, Ch. 1122, Sec. 4. Effective January 1, 1994.)
  114. 6717.

    ## 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    The division must propose a lead-related construction safety standard to the standards board by February 1, 1994, and the standards board must adopt it by December 31, 1994.

    ## 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. ) ## 6717. (a) On or before February 1, 1994, the division shall propose to the standards board for its review and adoption, a standard that protects the health and safety of employees who engage in lead-related construction work and meets all requirements imposed by the federal Occupational Safety and Health Administration. The standards board shall adopt the standard on or before December 31, 1994. The standard shall at least prescribe protective measures appropriate to the work activity and the lead content of materials to be disturbed by the activity, and shall include requirements and specifications pertaining to the following: (1) Sampling and analysis of surface coatings and other materials that may contain significant amounts of lead. (2) Concentrations and amounts of lead in surface coatings and other materials that may constitute a health hazard to employees engaged in lead-related construction work. (3) Engineering controls, work practices, and personal protective equipment, including respiratory protection, fit-testing requirements, and protective clothing and equipment. (4) Washing and showering facilities. (5) Medical surveillance and medical removal protection. (6) Establishment of regulated areas and appropriate posting and warning requirements. (7) Recordkeeping. (8) Training of employees engaged in lead-related construction work and their supervisors, that shall consist of current certification as required by regulations adopted under subdivision (c) of Section 105250 of the Health and Safety Code and include training with respect to at least the following: (A) Health effects of lead exposure, including symptoms of overexposure. (B) The construction activities, methods, processes, and materials that can result in lead exposure. (C) The requirements of the lead standard promulgated pursuant to this section. (D) Appropriate engineering controls, work practices, and personal protection for lead-related work. (E) The necessity for fit-testing for respirator use and how fit-testing is conducted. (Amended by Stats. 1996, Ch. 1023, Sec. 384. Effective September 29, 1996.)
  115. 6717.2.

    ## 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    Construction work on the Golden Gate Bridge retrofit project, when covered by contracts awarded in 2025, must follow specified lead and general industry safety orders as they existed on December 31, 2024.

    ## 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. ) ## 6717.2. Notwithstanding any other provision in law or regulation, the work performed under any construction contract, including subcontracts thereof, on the Golden Gate Bridge for the Suspension Bridge Seismic Retrofit Project that is awarded after January 1, 2025, and before December 31, 2025, is subject to the lead standards of the construction safety orders, found at Section 1532.1 of Title 8 of the California Code of Regulations, and the general industry safety orders, found at Section 5198 of Title 8 of the California Code of Regulations, that were in effect on December 31, 2024. (Added by Stats. 2025, Ch. 23, Sec. 6. (SB 129) Effective June 30, 2025.)
  116. 6717.5.

    ## 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    The division must submit a rulemaking proposal to revise lead standards, and the board must vote on the proposed changes by September 30, 2020.

    ## 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. ) ## 6717.5. The division shall submit to the board a rulemaking proposal to revise the lead standards of the general industry safety orders, found at Section 5198 of Title 8 of the California Code of Regulations, and the construction safety orders, found at Section 1532.1 of Title 8 of the California Code of Regulations, consistent with scientific research and findings. The board shall vote on the proposed changes on or before September 30, 2020. (Added by Stats. 2019, Ch. 24, Sec. 34. (SB 83) Effective June 27, 2019.)
  117. 6718.

    ## 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    A state agency’s test procedures for certain vapor-emission compliance checks may not require anyone to climb onto a cargo tank during loading.

    ## 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. ) ## 6718. Notwithstanding any other provision of law, any test procedures adopted by a state agency to determine compliance with vapor emission standards, by vapor recovery systems of cargo tanks on tank vehicles used to transport gasoline, shall not require any person to climb upon the cargo tank during loading operations. (Added by Stats. 1997, Ch. 84, Sec. 1. Effective January 1, 1998.)
  118. 6719.

    ## 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    The section reaffirms concern about repetitive motion injuries in the workplace and the Standards Board’s continuing duty to carry out Section 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. ) ## 6719. The Legislature reaffirms its concern over the prevalence of repetitive motion injuries in the workplace and reaffirms the Occupational Safety and Health Standards Board’s continuing duty to carry out Section 6357. (Added by Stats. 1999, Ch. 615, Sec. 12. Effective January 1, 2000.)
  119. 6720.

    ## 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    The division must propose an indoor heat-safety standard to the standards board by January 1, 2019.

    ## 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. ) ## 6720. By January 1, 2019, the division shall propose to the standards board for the board’s review and adoption a standard that minimizes heat-related illness and injury among workers working in indoor places of employment. The standard shall be based on environmental temperatures, work activity levels, and other factors. In developing the standard, the division shall take into consideration heat stress and heat strain guidelines in the 2016 Threshold Limit Values and Biological Exposure Indices developed by the American Conference of Governmental Industrial Hygienists. This section does not prohibit the division from proposing, or the standards board from adopting, a standard that limits the application of high heat provisions to certain industry sectors. (Added by Stats. 2016, Ch. 839, Sec. 1. (SB 1167) Effective January 1, 2017.)
  120. 6721.

    ## 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    This section names a heat illness standard, requires the division and standards board to take rulemaking steps by set deadlines, and directs consideration of updated employer heat-illness and wildfire-smoke protections.

    ## 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. ) ## 6721. (a) The heat illness prevention standards set forth in Section 3395 of Title 8 of the California Code of Regulations shall be known, and may be cited, as the Maria Isabel Vasquez Jimenez heat illness standard. (b) The division, before December 1, 2025, shall submit to the standards board a rulemaking proposal to consider revising Section 3395 of Title 8 of the California Code of Regulations and Section 5141.1 of Title 8 of the California Code of Regulations. In preparing the proposed regulations, the division shall consider revising the following: (1) The heat illness standard in subdivision (a), to do the following: (A) Require employers to distribute a copy of the Heat Illness Prevention Plan to all new employees upon hire and upon training required by Section 3395 of Title 8 of the California Code of Regulations, but no more than twice per year to each employee. (B) Require employers to distribute a copy of the Heat Illness Prevention Plan to all employees at least once on an annual basis. (2) With regard to farmworkers, the wildfire smoke standards set forth in Section 5141.1 of Title 8 of the California Code of Regulations, to reduce the AQI threshold for PM2.5 at which control by respiratory protective equipment becomes mandatory for farmworkers to, at a maximum, an AQI of 301 or more. The proposed threshold may be lower than 301 AQI or more, as determined by the division. For an AQI above 301, the employer need not implement fit testing and medical evaluations or otherwise implement requirements under Section 5144 of Title 8 of the California Code of Regulations. (c) The standards board shall review the proposed changes and consider adopting revised standards for the standards described in subdivision (b) on or before December 31, 2025. (d) The division shall consider developing regulations, or revising existing regulations, related to additional protections related to acclimatization to higher temperatures, especially following an absence of a week or more from working in ultrahigh heat settings, including after an illness. (e) As used in this section: (1) “AQI” means air quality index. (2) “PM2.5” means solid particles and liquid droplets suspended in air, known as particulate matter, with an aerodynamic diameter of 2.5 micrometers or smaller. (Amended by Stats. 2022, Ch. 778, Sec. 1. (AB 2243) Effective January 1, 2023.)
  121. 6722.

    ## 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    The standards board must draft and then consider adopting rule changes that would require at least one single-user toilet on construction jobsites for employees who self-identify as female or nonbinary.

    ## 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. ) ## 6722. (a) (1) The standards board, before December 1, 2025, shall draft a rulemaking proposal to consider revising Section 1526 of Title 8 of the California Code of Regulations to require at least one single-user toilet facility on all construction jobsites, designed for employees who self-identify as female or nonbinary. (2) The standards board shall consider adopting revised standards for the standards described in paragraph (1) on or before December 31, 2025. (b) A construction jobsite described in paragraph (1) of subdivision (a) shall not be subject to the requirements set forth in Section 118600 of the Health and Safety Code. (Added by Stats. 2023, Ch. 529, Sec. 3. (AB 521) Effective January 1, 2024.)
  122. 6723.

    ## 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    The division must propose rule changes to require naloxone or another FDA-approved opioid antagonist in workplace first aid kits, and the standards board must consider revised standards. The section also gives civil-damages protection to certain people who administer naloxone in an overdose emergency, with a narrow exception for paid first responders.

    ## 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. ) ## 6723. (a) The division, before December 1, 2027, shall submit a draft rulemaking proposal to revise Sections 1512 and 3400 of Title 8 of the California Code of Regulations to require first aid materials in a workplace to include naloxone hydrochloride or another opioid antagonist approved by the United States Food and Drug Administration to reverse opioid overdose and instructions for using the opioid antagonist. (b) The division, in drafting the rulemaking proposal, shall consider, and provide guidance to employers on, proper storage of the opioid antagonist in accordance with the manufacturer’s instructions. (c) The standards board shall consider for adoption revised standards for the standards described in this section on or before December 1, 2028. (d) (1) An individual who administers naloxone hydrochloride or another opioid antagonist approved by the United States Food and Drug Administration to reverse opioid overdose in a suspected opioid overdose emergency shall not be liable for civil damages as provided in Section 1799.113 of the Health and Safety Code if the conditions in that section are met. (2) In accordance with paragraph (1), an individual who is licensed as part of a local emergency medical services agency shall not be held responsible for administering nasal naloxone hydrochloride or another opioid antagonist approved by the United States Food and Drug Administration to reverse opioid overdose, regardless of whether the individual was certified for that activity, unless the individual was acting as a paid first responder at the time of the action. (Added by Stats. 2024, Ch. 689, Sec. 1. (AB 1976) Effective January 1, 2025.)
  123. 6725.

    ## 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    The division must share COVID-19 infection-prevention information for agricultural employees, make it easy to understand and accessible, run outreach, and publish investigation-related information online until the state of emergency ends.

    ## 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 9. Miscellaneous Safety Provisions [6700 - 6725] ( Chapter 9 added by Stats. 1973, Ch. 993. ) ## 6725. (a) For purposes of this section, the following terms have the following meanings: (1) The term “agricultural employee” means a person employed in any of the following: (A) An agricultural occupation, as defined in Wage Order No. 14 of the Industrial Welfare Commission. (B) An industry preparing agricultural products for the market, on the farm, as defined in Wage Order No. 13 of the Industrial Welfare Commission. (C) An industry handling products after harvest, as defined in Wage Order No. 8 of the Industrial Welfare Commission. (2) “Guidance Documents” means the following documents available on the division’s internet website: (A) Cal/OSHA Interim General Guidelines on Protecting Workers from COVID-19. (B) Cal/OSHA Safety and Health Guidance: COVID-19 Infection Prevention for Agricultural Employers and Employees. (C) COVID-19 Industry Guidance: Food Packing and Processing, issued by the division, the State Department of Public Health, and the Department of Food and Agriculture. (D) COVID-19 Industry Guidance: Agriculture and Livestock, issued by the division, the State Department of Public Health, and the Department of Food and Agriculture. (E) Any other guidance or guidelines made available on the division’s internet website pertaining to novel coronavirus (COVID-19) infection prevention for agricultural employees. (b) Commencing on the effective date of this section, the division shall disseminate, in both English and Spanish, information on best practices for COVID-19 infection prevention, consistent with the Guidance Documents. The information shall be designed to be easily understood by agricultural employees from a variety of ethnic and cultural backgrounds, including by using pictograms. The information shall, where possible, provide contact information for the division that employees can use to report workplace safety complaints. The information shall be made widely and easily accessible, including in both digital and physical formats and via the division’s internet website. (c) The division, working collaboratively with community organizations and organizations representing employees and employers, shall conduct a statewide outreach campaign, targeted at agricultural employees, to assist with the statewide dissemination of the best practices information described in subdivision (b) and to educate employees on any COVID-19-related employment benefits to which they are entitled, including access to paid sick leave and workers’ compensation. The campaign shall include, but shall not be limited to, public service announcements on local Spanish radio stations and the distribution of workplace signs. Nothing in this subdivision shall authorize access to the worksite by an individual who is not employed by the division. (d) The division shall routinely compile and report, via its internet website, information relating to the subject matter, findings, and results of any investigation by the division relating to practices or conditions prescribed in the Guidance Documents or a COVID-19 illness or injury at a workplace of agricultural employees. This information shall include, but shall not be limited to, all of the following: (1) Across all investigations, statistical information, including, but not limited to, the number of investigations in each county. (2) For each investigation, summary descriptive information. (3) For each investigation, a description of the division’s response, including, but not limited to, whether the response involved an onsite inspection of the facility, a virtual or remote inspection, a letter to the employer, or any other type of action by the division. (e) This section shall remain in effect until the state of emergency has been terminated by proclamation of the Governor or by concurrent resolution of the Legislature declaring it at an end, pursuant to Section 8629 of the Government Code, and as of that date is repealed. (Added by Stats. 2020, Ch. 212, Sec. 2. (AB 2043) Effective September 28, 2020. Conditionally repealed by its own provisions.)
  124. 6800.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 2. SAFEGUARDS ON RAILROADS [6800 - 7000] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [6800 - 6802] ( Heading of Chapter 1 amended by Stats. 1945, Ch. 1431. )

    Verify source ↗

    The division has jurisdiction over safety and health matters for certain railroad and public utility employees.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 2. SAFEGUARDS ON RAILROADS [6800 - 7000] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [6800 - 6802] ( Heading of Chapter 1 amended by Stats. 1945, Ch. 1431. ) ## 6800. The division has jurisdiction over: (a) The safety and health of railroad employees employed in offices and in shops devoted to the construction, maintenance or repair of railroad equipment, and all other railroad employees with respect to occupational health, including, but not limited to, air contaminants, noise, sanitation and availability of drinking water. (b) The occupational safety and health of employees of rail rapid transit systems, electric interurban railroads, or street railroads. (c) The safety of employees of all other public utilities as defined in the Public Utilities Act. (Amended by Stats. 1982, Ch. 338, Sec. 2.)
  125. 6801.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 2. SAFEGUARDS ON RAILROADS [6800 - 7000] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [6800 - 6802] ( Heading of Chapter 1 amended by Stats. 1945, Ch. 1431. )

    Verify source ↗

    The division’s jurisdiction must not reduce or interfere with the Public Utilities Commission’s jurisdiction, except for matters that affect only employee safety.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 2. SAFEGUARDS ON RAILROADS [6800 - 7000] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [6800 - 6802] ( Heading of Chapter 1 amended by Stats. 1945, Ch. 1431. ) ## 6801. The jurisdiction vested in the division shall in no instance, except those affecting exclusively the safety of employees, impair, diminish, or in any way affect the jurisdiction of the Public Utilities Commission over the construction, reconstruction, replacement, maintenance, or operation of the properties of public utilities or over any matter affecting the relationship between public utilities and their customers or the general public. (Amended by Stats. 1953, Ch. 699.)
  126. 6802.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 2. SAFEGUARDS ON RAILROADS [6800 - 7000] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [6800 - 6802] ( Heading of Chapter 1 amended by Stats. 1945, Ch. 1431. )

    Verify source ↗

    The Public Utilities Commission may change or отменить a division order under this chapter if it thinks the order unduly and prejudicially interferes with a utility, the public, or a consumer or patron.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 2. SAFEGUARDS ON RAILROADS [6800 - 7000] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Jurisdiction [6800 - 6802] ( Heading of Chapter 1 amended by Stats. 1945, Ch. 1431. ) ## 6802. If the division makes or issues any order, decision, ruling or direction under this chapter which, in the judgment of the Public Utilities Commission, unduly and prejudicially interferes with the construction or operation of any public utility affected thereby, or with the public, or with a consumer or other patron of a public utility affected thereby, the Public Utilities Commission, of its own motion, or upon application of any utility or person so affected, may suspend, modify, alter, or annul such order, decision, ruling, or direction of the commission. The action of the Public Utilities Commission shall supersede and control the order, decision, ruling, or direction of the division previously made. (Amended by Stats. 1953, Ch. 699.)
  127. 6900.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 2. SAFEGUARDS ON RAILROADS [6800 - 7000] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Operation Personnel [6900 - 6910] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The Public Utilities Commission must enforce the provisions of this chapter, despite Section 6800.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 2. SAFEGUARDS ON RAILROADS [6800 - 7000] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Operation Personnel [6900 - 6910] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 6900. Notwithstanding Section 6800, the Public Utilities Commission shall enforce the provisions of this chapter. (Added by Stats. 1959, Ch. 2187.)
  128. 6900.1.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 2. SAFEGUARDS ON RAILROADS [6800 - 7000] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Operation Personnel [6900 - 6910] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section says the Act is called the Railroad Anti-Featherbedding Law of 1964.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 2. SAFEGUARDS ON RAILROADS [6800 - 7000] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Operation Personnel [6900 - 6910] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 6900.1. This Act shall be known and cited as the Railroad Anti-Featherbedding Law of 1964. (Added November 3, 1964, by initiative Proposition 17. Note: Prop. 17 also includes Section 6900.5.)
  129. 6900.5.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 2. SAFEGUARDS ON RAILROADS [6800 - 7000] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Operation Personnel [6900 - 6910] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    California states that railroad train-manning rules should align with the federal arbitration award and related federal legislation or agreements.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 2. SAFEGUARDS ON RAILROADS [6800 - 7000] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Operation Personnel [6900 - 6910] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 6900.5. It is the policy of the people of the State of California that featherbedding practices in the railroad industry should be eliminated and that national settlement of labor controversies relating to the manning of trains should be made effective in California. Accordingly the award of the Federal Arbitration Board No. 282 appointed by President John F. Kennedy pursuant to Congressional Public Law 88-108 of August 28, 1963, providing for the elimination of excess firemen and brakemen on diesel powered freight trains, or awards made pursuant thereto, shall be made effective in this State. Said award was the culmination of the proceedings originating with the Presidential Railroad Commission which was appointed by President Dwight D. Eisenhower at the request of both railroad labor and management and reported to President Kennedy on February 26, 1962. Nothing contained in the laws of this State or in any order of any regulatory agency of this State shall prevent a common carrier by railroad from manning its trains in accordance with said award, in accordance with any federal legislation or awards pursuant thereto, or in accordance with any agreement between a railroad company and its employees or their representatives. (Added November 3, 1964, by initiative Proposition 17. Note: Prop. 17 (the Railroad Anti-Featherbedding Law of 1964) also includes Section 6900.1.)
  130. 6901.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 2. SAFEGUARDS ON RAILROADS [6800 - 7000] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Operation Personnel [6900 - 6910] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Certain railroad common carriers may not run passenger, mail, or express trains unless the required crew members are employed, subject to stated exceptions.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 2. SAFEGUARDS ON RAILROADS [6800 - 7000] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Operation Personnel [6900 - 6910] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 6901. (a) No common carrier operating more than four trains each way per day of 24 hours on any main track or branch line of railroad within this state, or on any part of a main track or branch line, shall run or permit to be run, on any part of a main track or branch line, any passenger, mail, or express train on which there is not employed at least one conductor, one brakeman, and the following: (1) One engineer and one fireman for each diesel locomotive. (2) One electric motorman for each train propelled or run by electricity. (3) One motor or power control man for each train propelled by motive power other than diesel or electricity. (4) Two brakemen, where four or more cars, exclusive of railroad officers’ private cars, are hauled. (5) One baggageman, except on a train upon which baggage is not hauled, and on gasoline motorcars. (b) This section does not apply to any diesel locomotive weighing 45 tons or less. (c) Paragraph (4) of subdivision (a) does not apply where its application would conflict with the terms of a collective bargaining agreement. (d) Subdivision (a) does not apply to the San Diego Metropolitan Transit Development Board or the North San Diego County Transit Development Board. (e) With respect to commuter train service provided by the San Diego Metropolitan Transit Development Board or the North San Diego County Transit Development Board, there shall be at least one qualified crewmember inside a train car set during revenue service. For the purpose of this subdivision, “revenue service” means service during which passengers are carried or are scheduled to be carried. (Amended by Stats. 1993, Ch. 681, Sec. 1. Effective January 1, 1994.)
  131. 6902.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 2. SAFEGUARDS ON RAILROADS [6800 - 7000] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Operation Personnel [6900 - 6910] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Local agencies and their contractors must staff revenue service trains with minimum qualified employees, and procurement or contracts for that service must require compliance.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 2. SAFEGUARDS ON RAILROADS [6800 - 7000] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Operation Personnel [6900 - 6910] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 6902. (a) For purposes of this section, “revenue service” means passenger train service during which passengers are carried or are scheduled to be carried. (b) For purposes of this section, “local agency” means any city, county, special district, or other public entity in the state, including a charter city or a charter county. (c) Except as otherwise provided by subdivision (e) of Section 6901, during revenue service provided by a local agency, or by any entity under contract with a local agency, there shall be in addition to the train operator at least one qualified employee inside a train car set of six or fewer coaches and at least two qualified employees inside a train car set of seven or more coaches. (d) (1) A request for proposal or request for bid to provide revenue service issued by a local agency shall require compliance with subdivision (c). (2) A contract to provide revenue service awarded by a local agency shall require compliance with subdivision (c). (3) If a court of competent jurisdiction determines that an entity receiving a request for proposal or request for bid from a local agency for revenue service is exempt from the requirements of this section, all other entities that received the same request for proposal or request for bid shall also be exempt from the requirements of this section in responding to that request for proposal or request for bid. (e) This section does not apply to heavy rail transit systems that are owned or operated by a public entity, or to light rail public transit systems. (Added by Stats. 1994, Ch. 976, Sec. 1. Effective January 1, 1995.)
  132. 6903.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 2. SAFEGUARDS ON RAILROADS [6800 - 7000] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Operation Personnel [6900 - 6910] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Freight trains and light engines may not be operated unless they have at least two crew members.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 2. SAFEGUARDS ON RAILROADS [6800 - 7000] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Operation Personnel [6900 - 6910] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 6903. (a) Effective February 1, 2016, a train or light engine used in connection with the movement of freight shall not be operated unless it has a crew consisting of at least two individuals. (b) For purposes of this section, the term “train or light engine used in connection with the movement of freight” shall not include hostler service or utility employees. (c) The Public Utilities Commission may assess civil penalties against any person who willfully violates this section, according to the following schedule: (1) A civil penalty of two hundred fifty dollars ($250) to one thousand dollars ($1,000) for the first violation. (2) A civil penalty of one thousand dollars ($1,000) to five thousand dollars ($5,000) for the second violation within a three-year period. (3) A civil penalty of five thousand dollars ($5,000) to ten thousand dollars ($10,000) for the third violation and each subsequent violation within a three-year period. (d) The remedies available to the commission pursuant to this section are nonexclusive and do not limit the remedies available under all other laws or pursuant to contract. (Added by Stats. 2015, Ch. 283, Sec. 1. (SB 730) Effective January 1, 2016.)
  133. 6904.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 2. SAFEGUARDS ON RAILROADS [6800 - 7000] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Operation Personnel [6900 - 6910] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Locomotives without cars are exempt from this chapter, but a locomotive moved in a train under steam must have one engineer and one fireman unless the engine is disabled.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 2. SAFEGUARDS ON RAILROADS [6800 - 7000] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Operation Personnel [6900 - 6910] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 6904. Nothing in this chapter shall apply to a locomotive or locomotives without cars, except that each locomotive shall have one engineer and one fireman when being moved in train under steam, unless the engine is disabled. (Enacted by Stats. 1937, Ch. 90.)
  134. 6905.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 2. SAFEGUARDS ON RAILROADS [6800 - 7000] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Operation Personnel [6900 - 6910] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This chapter does not apply to relief or wrecking trains when enough employees are not available to comply with the chapter.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 2. SAFEGUARDS ON RAILROADS [6800 - 7000] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Operation Personnel [6900 - 6910] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 6905. This chapter shall not apply to any relief or wrecking train in any case where a number of employees sufficient to comply with this chapter is not available for service on such relief or wrecking train. (Enacted by Stats. 1937, Ch. 90.)
  135. 6906.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 2. SAFEGUARDS ON RAILROADS [6800 - 7000] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Operation Personnel [6900 - 6910] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    A common carrier may not employ an unqualified person as a locomotive engineer, conductor, or brakeman on railroads covered by this section.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 2. SAFEGUARDS ON RAILROADS [6800 - 7000] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Operation Personnel [6900 - 6910] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 6906. No common carrier shall employ any person as: (a) A locomotive engineer who has not had at least three years’ actual service as a locomotive fireman or one year’s actual service as a locomotive engineer. (b) A conductor who has not had at least two years’ actual service as a railroad brakeman in road service on steam or electric railroad other than street railway, or one year’s actual service as a railroad conductor in road service. (c) A brakeman who has not passed the regular examination required by transcontinental railroads. (Amended by Stats. 1957, Ch. 180.)
  136. 6907.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 2. SAFEGUARDS ON RAILROADS [6800 - 7000] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Operation Personnel [6900 - 6910] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This chapter does not apply to certain railroad-related work involving locomotives or motor power cars at terminals, engine houses, or shops.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 2. SAFEGUARDS ON RAILROADS [6800 - 7000] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Operation Personnel [6900 - 6910] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 6907. Nothing in this chapter shall apply to the running or operating of locomotives or motor power cars to and from trains at terminals by hostlers or of steam locomotives or motive power cars to and from engine houses or to the doing of work on steam locomotives or motive power cars at shops or engine-houses. (Enacted by Stats. 1937, Ch. 90.)
  137. 6908.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 2. SAFEGUARDS ON RAILROADS [6800 - 7000] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Operation Personnel [6900 - 6910] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Violating this chapter is a misdemeanor.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 2. SAFEGUARDS ON RAILROADS [6800 - 7000] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Operation Personnel [6900 - 6910] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 6908. Any violation of this chapter is a misdemeanor. (Enacted by Stats. 1937, Ch. 90.)
  138. 6909.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 2. SAFEGUARDS ON RAILROADS [6800 - 7000] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Operation Personnel [6900 - 6910] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This chapter does not apply to train operations by a common carrier during strikes or walkouts involving employees covered by the chapter.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 2. SAFEGUARDS ON RAILROADS [6800 - 7000] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Operation Personnel [6900 - 6910] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 6909. Nothing in this chapter shall apply to the operation of any train by a common carrier during times of strikes or walkouts, participated in by any of the employees mentioned in this chapter. (Enacted by Stats. 1937, Ch. 90.)
  139. 6910.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 2. SAFEGUARDS ON RAILROADS [6800 - 7000] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Operation Personnel [6900 - 6910] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This chapter does not apply to certain gasoline motor cars on branch lines or to electric trains with fewer than three cars.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 2. SAFEGUARDS ON RAILROADS [6800 - 7000] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Operation Personnel [6900 - 6910] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 6910. Nothing in this chapter shall apply to gasoline motor cars operated exclusively on branch lines or to trains of less than three cars propelled by electricity. (Enacted by Stats. 1937, Ch. 90.)
  140. 6950.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 2. SAFEGUARDS ON RAILROADS [6800 - 7000] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Safety Devices [6950 - 6956] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    If a railroad train has a Vanderbilt-type tender and the cab-to-tender clearance is under 28 inches, an opening at least 24 inches square must be cut in the cab roof overhang.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 2. SAFEGUARDS ON RAILROADS [6800 - 7000] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Safety Devices [6950 - 6956] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 6950. On any railroad train where the engine is accompanied by a tender of the Vanderbilt or similar type of construction and where the clearance between the overhang of the roof of the cab of the engine and the top of the tender accompanying the engine is less than twenty-eight inches, an opening not less than twenty-four inches square shall be cut out in the overhang of the roof of the cab, for the purpose of enabling an engineman with safety to go from the cab of the engine to the top of the tender. (Enacted by Stats. 1937, Ch. 90.)
  141. 6951.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 2. SAFEGUARDS ON RAILROADS [6800 - 7000] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Safety Devices [6950 - 6956] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    A railroad company or railroad receiver that fails to comply with section 6950 commits a misdemeanor and is fined at least $100 for each offense.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 2. SAFEGUARDS ON RAILROADS [6800 - 7000] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Safety Devices [6950 - 6956] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 6951. Any railroad company operating a line in whole or in part within this state, or any receiver of any railroad, that fails to comply with any provision of section 6950 is guilty of a misdemeanor, punishable by a fine of not less than one hundred dollars ($100) for each offense. Each day that such failure continues is a separate offense. (Amended by Stats. 1983, Ch. 1092, Sec. 220. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  142. 6952.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 2. SAFEGUARDS ON RAILROADS [6800 - 7000] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Safety Devices [6950 - 6956] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Railroad companies operating engines in the state must equip engine cabs with handrails, and most cabs must also have a footboard unless the cab has specified front-window dimensions. A company that does not comply commits a misdemeanor and can be fined $200 per offense.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 2. SAFEGUARDS ON RAILROADS [6800 - 7000] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Safety Devices [6950 - 6956] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 6952. Every railroad company operating engines within any part of this state shall provide each engine cab with a substantial and safe handrail along the top on each side of the cab extending from the front to the rear of the cab. Every engine cab other than one having front windows of not less than 14 inches in width and 42 inches in height shall be provided and equipped with a substantial and safe footboard, of not less than one and one-half inches, projecting outward from each side of the cab level with the floor and extending from the front to the rear of the cab. Any railroad company, or receiver thereof, which fails to comply with any provisions of this section is guilty of a misdemeanor, punishable by a fine of two hundred dollars ($200) for each offense. The provisions of this section shall not apply to any railroad company which issued in writing before July 2, 1921, and maintains in force, an order forbidding the engine or train crew to go from the engine cab to that portion of the engine in front of the cab while the cab is in motion. (Amended by Stats. 1983, Ch. 1092, Sec. 221. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  143. 6953.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 2. SAFEGUARDS ON RAILROADS [6800 - 7000] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Safety Devices [6950 - 6956] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Certain electric cars and locomotives used in interurban service must use laminated safety glass in the motorman’s or engineer’s compartment, or in the front window if there is no compartment, when the listed conditions are met.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 2. SAFEGUARDS ON RAILROADS [6800 - 7000] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Safety Devices [6950 - 6956] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 6953. Any electric car operated in interurban service and any electric locomotive shall be equipped exclusively with laminated safety glass in the compartment of the motorman or engineer, or if there is no compartment, the window in front of the motorman shall be so equipped, if the following conditions concur: (a) The car or locomotive is built after the effective date of this section. (b) The car or locomotive is operated by an overhead wire. (c) The car or locomotive can exceed a speed of 45 miles per hour. (Added by Stats. 1941, Ch. 292.)
  144. 6954.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 2. SAFEGUARDS ON RAILROADS [6800 - 7000] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Safety Devices [6950 - 6956] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    After September 1, 1946, operating an electric car in interurban service or an electric locomotive without laminated safety glass is unlawful.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 2. SAFEGUARDS ON RAILROADS [6800 - 7000] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Safety Devices [6950 - 6956] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 6954. On and after the first day of September, 1946, it shall be unlawful to operate any electric car in interurban service or any electric locomotive which is not so equipped with laminated safety glass. (Added by Stats. 1941, Ch. 292.)
  145. 6955.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 2. SAFEGUARDS ON RAILROADS [6800 - 7000] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Safety Devices [6950 - 6956] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section defines laminated safety glass as glass treated or combined with other materials to reduce injury risk compared with ordinary sheet or plate glass.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 2. SAFEGUARDS ON RAILROADS [6800 - 7000] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Safety Devices [6950 - 6956] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 6955. Laminated safety glass is glass so treated or combined with other materials as to reduce, in comparison with ordinary sheet glass or plate glass, the likelihood of injury to persons, by objects from external sources, or by glass when the glass is cracked or broken. (Added by Stats. 1941, Ch. 292.)
  146. 6956.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 2. SAFEGUARDS ON RAILROADS [6800 - 7000] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Safety Devices [6950 - 6956] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    A common carrier that violates Sections 6953 or 6954 commits a misdemeanor and must pay a fine of at least $200 for each offense.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 2. SAFEGUARDS ON RAILROADS [6800 - 7000] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Safety Devices [6950 - 6956] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 6956. Any common carrier violating Sections 6953 or 6954 is guilty of a misdemeanor for each violation, punishable by a fine of not less than two hundred dollars ($200) for each offense. Each day that any electric car is operated in interurban service or that any electric locomotive is operated, is a separate offense. (Amended by Stats. 1983, Ch. 1092, Sec. 222. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  147. 7.

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

    Verify source ↗

    A deputy or other person authorized by law may exercise an administrative power or perform a duty that this code gives to, or imposes on, a public officer.

    ## Labor Code - LAB ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 90. ) ## 7. Whenever, by the provisions of this code, an administrative power is granted to a public officer or a duty imposed upon such an officer, the power may be exercised or the duty performed by a deputy of the officer or by a person authorized pursuant to law. (Enacted by Stats. 1937, Ch. 90.)
  148. 70.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Industrial Welfare Commission [70 - 74] ( Heading of Chapter 2 amended by Stats. 1976, Ch. 746. )

    Verify source ↗

    The Industrial Welfare Commission has five members, and those members are appointed by the Governor with the Senate’s consent.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Industrial Welfare Commission [70 - 74] ( Heading of Chapter 2 amended by Stats. 1976, Ch. 746. ) ## 70. There is in the Department of Industrial Relations the Industrial Welfare Commission which consists of five members. The members of the commission shall be appointed by the Governor, with the consent of the Senate. (Amended by Stats. 1980, Ch. 1083.)
  149. 70.1.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Industrial Welfare Commission [70 - 74] ( Heading of Chapter 2 amended by Stats. 1976, Ch. 746. )

    Verify source ↗

    The Industrial Welfare Commission must be made up of specified labor, employer, and public representatives, and its membership must include both sexes.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Industrial Welfare Commission [70 - 74] ( Heading of Chapter 2 amended by Stats. 1976, Ch. 746. ) ## 70.1. The Industrial Welfare Commission shall be composed of two representatives of organized labor who are members of recognized labor organizations, two representatives of employers, and one representative of the general public. The membership shall include members of both sexes. (Amended by Stats. 1990, Ch. 513, Sec. 1.)
  150. 7000.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 2. SAFEGUARDS ON RAILROADS [6800 - 7000] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Trains [7000- 7000.] ( Chapter 4 added by Stats. 1939, Ch. 1060. )

    Verify source ↗

    This section defines “caboose” and allows a conductor to place a pusher engine ahead of the caboose when safety warrants it.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 2. SAFEGUARDS ON RAILROADS [6800 - 7000] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Trains [7000- 7000.] ( Chapter 4 added by Stats. 1939, Ch. 1060. ) ## 7000. As used in this section “caboose” means a caboose forming a part of a train and occupied by employees or caretakers, or both. If conditions warrant it for the safety of the occupants of a caboose the conductor, in using a pusher engine, may place it ahead of the caboose. This section applies only to main line movements of over five miles. This section shall not prevent the use of an electric locomotive at the rear of any train. This section shall not apply in any case of casualty, unavoidable accident, or act of God; nor under circumstances which are 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 train. This section shall not apply to the operation of wrecking, or relief trains. (Added by Stats. 1939, Ch. 1060.)
  151. 71.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Industrial Welfare Commission [70 - 74] ( Heading of Chapter 2 amended by Stats. 1976, Ch. 746. )

    Verify source ↗

    Members of the Industrial Welfare Commission serve four-year terms and remain in office until successors are appointed and qualified.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Industrial Welfare Commission [70 - 74] ( Heading of Chapter 2 amended by Stats. 1976, Ch. 746. ) ## 71. The term of office of the members of the Industrial Welfare Commission shall be four years and they shall hold office until the appointment and qualification of their successors. The terms of the members of the commission in office at the time this code takes effect shall expire on January 15th of that year which for the particular member has heretofore been determined. Vacancies shall be filled by appointment for the unexpired terms. (Enacted by Stats. 1937, Ch. 90.)
  152. 7100.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Floors and Walls [7100 - 7110] ( Article 1 repealed and added by Stats. 1970, Ch. 1498. )

    Verify source ↗

    This article defines “building” for this section as a multifloor building over two stories high that is under construction, excluding structural steel framed buildings.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Floors and Walls [7100 - 7110] ( Article 1 repealed and added by Stats. 1970, Ch. 1498. ) ## 7100. As used in this article, “building” means any multifloor building, other than structural steel framed building, more than two stories high in the course of construction. (Repealed and added by Stats. 1970, Ch. 1498.)
  153. 7101.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Floors and Walls [7100 - 7110] ( Article 1 repealed and added by Stats. 1970, Ch. 1498. )

    Verify source ↗

    Buildings must have the joists, beams, or girders below the work area covered with close-laid flooring or other suitable material.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Floors and Walls [7100 - 7110] ( Article 1 repealed and added by Stats. 1970, Ch. 1498. ) ## 7101. Every building shall have the joists, beams, or girders of floors below the floor or level where any work is being done, or about to be done, covered with flooring laid close together, or with other suitable material to protect workmen engaged in such building from falling through joists or girders, and from falling substances, whereby life or safety is endangered. (Repealed and added by Stats. 1970, Ch. 1498.)
  154. 7102.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Floors and Walls [7100 - 7110] ( Article 1 repealed and added by Stats. 1970, Ch. 1498. )

    Verify source ↗

    Reinforced concrete buildings with reinforced concrete floors must have each floor filled in with forms or concrete before work starts on the walls of the second floor above or on the next floor above.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Floors and Walls [7100 - 7110] ( Article 1 repealed and added by Stats. 1970, Ch. 1498. ) ## 7102. Every building which is of reinforced concrete construction, with reinforced concrete floors, shall have the floor filled in, either with forms or concrete, on each floor before the commencement of work upon the walls of the second floor above or the commencement of work upon the floor of the next floor above. (Repealed and added by Stats. 1970, Ch. 1498.)
  155. 7103.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Floors and Walls [7100 - 7110] ( Article 1 repealed and added by Stats. 1970, Ch. 1498. )

    Verify source ↗

    Buildings with wooden floors, except steel frame buildings, must install underflooring or plank over each floor within the time set for reinforced concrete floors.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Floors and Walls [7100 - 7110] ( Article 1 repealed and added by Stats. 1970, Ch. 1498. ) ## 7103. Every building having wooden floors other than a steel frame building shall have the underflooring, if double flooring is to be used, laid on each floor within the time prescribed above for reinforced concrete floors. Where single wooden floors are to be used, each floor shall be planked over within the time prescribed above for reinforced concrete floors. (Repealed and added by Stats. 1970, Ch. 1498.)
  156. 7104.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Floors and Walls [7100 - 7110] ( Article 1 repealed and added by Stats. 1970, Ch. 1498. )

    Verify source ↗

    For floor spans over 13 feet, an intermediate beam must support temporary flooring; spans up to 16 feet may instead use three-inch planks without a beam.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Floors and Walls [7100 - 7110] ( Article 1 repealed and added by Stats. 1970, Ch. 1498. ) ## 7104. If a span of a floor on a building exceeds 13 feet, an intermediate beam shall be used to support the temporary flooring, but spans not to exceed 16 feet may be covered by three-inch planks without an intermediate beam. The intermediate beam shall be of a sufficient strength to sustain a live load of 50 pounds per square foot of the area supported. (Repealed and added by Stats. 1970, Ch. 1498.)
  157. 7105.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Floors and Walls [7100 - 7110] ( Article 1 repealed and added by Stats. 1970, Ch. 1498. )

    Verify source ↗

    If building work is suspended and the temporary flooring is removed, the building must be replanked when work resumes so workers have a covered floor within two stories below them.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Floors and Walls [7100 - 7110] ( Article 1 repealed and added by Stats. 1970, Ch. 1498. ) ## 7105. If building operations are suspended and the temporary flooring required by this article is removed, the building shall be replanked upon the resumption of work so that every man at work has a covered floor not more than two stories below. (Repealed and added by Stats. 1970, Ch. 1498.)
  158. 7106.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Floors and Walls [7100 - 7110] ( Article 1 repealed and added by Stats. 1970, Ch. 1498. )

    Verify source ↗

    If a building is being built in sections, each section is treated as a building for this article.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Floors and Walls [7100 - 7110] ( Article 1 repealed and added by Stats. 1970, Ch. 1498. ) ## 7106. Where a building is being constructed in sections each section constitutes a building for the purpose of this article. (Repealed and added by Stats. 1970, Ch. 1498.)
  159. 7107.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Floors and Walls [7100 - 7110] ( Article 1 repealed and added by Stats. 1970, Ch. 1498. )

    Verify source ↗

    Planked floors on buildings must be tightly laid and made with proper thickness, grade, and span to carry the working load.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Floors and Walls [7100 - 7110] ( Article 1 repealed and added by Stats. 1970, Ch. 1498. ) ## 7107. Planked floors on buildings shall be tightly laid together of proper thickness, grade and span to carry the working load; such working load to be assumed as at least 25 pounds per square foot. (Repealed and added by Stats. 1970, Ch. 1498.)
  160. 7108.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Floors and Walls [7100 - 7110] ( Article 1 repealed and added by Stats. 1970, Ch. 1498. )

    Verify source ↗

    Safety belts and nets are required under the referenced construction safety rules.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Floors and Walls [7100 - 7110] ( Article 1 repealed and added by Stats. 1970, Ch. 1498. ) ## 7108. Safety belts and nets shall be required in accordance with Article 24 (commencing with Section 1669) of subchapter 4 of Chapter 4 of Part 1 of Title 8 of the California Administrative Code, Construction Safety Orders of the Division of Occupational Safety and Health. (Amended by Stats. 1980, Ch. 676.)
  161. 7109.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Floors and Walls [7100 - 7110] ( Article 1 repealed and added by Stats. 1970, Ch. 1498. )

    Verify source ↗

    A person must not start or allow work to continue unless the planking or nets required by this article are in place.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Floors and Walls [7100 - 7110] ( Article 1 repealed and added by Stats. 1970, Ch. 1498. ) ## 7109. No person shall proceed with any work assigned to or undertaken by him, or require or permit any other person to proceed with work assigned to or undertaken by either, unless the planking or nets required by this article are in place. Violation of this section is a misdemeanor. (Repealed and added by Stats. 1970, Ch. 1498.)
  162. 7110.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Floors and Walls [7100 - 7110] ( Article 1 repealed and added by Stats. 1970, Ch. 1498. )

    Verify source ↗

    The Division of Occupational Safety and Health must enforce this article.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Floors and Walls [7100 - 7110] ( Article 1 repealed and added by Stats. 1970, Ch. 1498. ) ## 7110. The Division of Occupational Safety and Health shall enforce this article. (Amended by Stats. 1980, Ch. 676.)
  163. 7150.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Scaffolding [7150 - 7158] ( Article 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This article defines “scaffolding” to include scaffolding and staging.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Scaffolding [7150 - 7158] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 7150. As used in this article, “scaffolding” includes scaffolding and staging. (Enacted by Stats. 1937, Ch. 90.)
  164. 7151.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Scaffolding [7150 - 7158] ( Article 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Suspended scaffolding over 10 feet high must have a strong safety rail, comply with applicable safety orders, be fastened to prevent swaying, and be built strong enough to hold expected loads.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Scaffolding [7150 - 7158] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 7151. If the working platform of any scaffolding swung or suspended from an overhead support is more than 10 feet above the ground, floor or area to which an employee on the scaffolding might fall, it shall have a safety rail of wood or other equally rigid material of adequate strength. The rail shall comply with the applicable orders of the Division of Occupational Safety and Health. Suspended scaffolding shall be fastened so as to prevent the scaffolding from swaying from the building, or structure, or other object being worked on from the scaffolding. All parts of the scaffolding shall be of sufficient strength to support, bear, or withstand with safety any weight of persons, tools, appliances, or materials which might reasonably be placed on it or which are to be supported by it. (Amended by Stats. 1980, Ch. 676.)
  165. 7152.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Scaffolding [7150 - 7158] ( Article 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Employers using certain scaffolding on building work must provide specified safety lines, and the standards board may set different standards or grant variances if safety is equivalent or better.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Scaffolding [7150 - 7158] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 7152. In addition to the duties imposed by any law regulating or relating to scaffolding, an employer who uses or permits the use of scaffolding described in Section 7151 in connection with construction, alteration, repairing, painting, cleaning or doing of any work upon any building or structure, shall: (a) Furnish safety lines to tie all hooks and hangers back on the roof of such building or structure. (b) Provide safety lines hanging from the roof, securely tied thereto, for all swinging scaffolds which rely upon stirrups of the single point suspension type to support the working platform. One such line shall be provided for each workman with a minimum of one line between each pair of hangers or falls. The standards board may adopt occupational safety and health standards different from the requirements of this section or grant variances from these requirements if the standards or variances provide equivalent or superior safety for employees. (Amended by Stats. 1981, Ch. 905, Sec. 1.)
  166. 7153.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Scaffolding [7150 - 7158] ( Article 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Scaffolding platforms or floors must be at least 14 inches wide and free from knots or fractures that would weaken them.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Scaffolding [7150 - 7158] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 7153. Platforms or floors of such scaffolding shall be not less than 14 inches in width and shall be free from knots or fractures impairing their strength. (Amended by Stats. 1947, Ch. 700.)
  167. 7154.1.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Scaffolding [7150 - 7158] ( Article 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Lean-to (jack) scaffolds may not be used as support for scaffolds.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Scaffolding [7150 - 7158] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 7154.1. The use of lean-to scaffolds, sometimes known as jack scaffolds, as support for scaffolds is hereby prohibited. (Added by Stats. 1943, Ch. 257.)
  168. 7155.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Scaffolding [7150 - 7158] ( Article 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Breaking section 7151, 7152, 7153, or 7154 is a misdemeanor.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Scaffolding [7150 - 7158] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 7155. Violation of any provision of section 7151 to 7154 inclusive is a misdemeanor. (Enacted by Stats. 1937, Ch. 90.)
  169. 7156.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Scaffolding [7150 - 7158] ( Article 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    A person who hires or directs work on construction, repair, painting, or cleaning of a house, building, or structure must not provide unsafe equipment, obstruct safety inspections, or tamper with or keep using equipment after it has been declared unsafe; doing so is a misdemeanor.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Scaffolding [7150 - 7158] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 7156. Any person employing or directing another to do or perform any labor in the construction, alteration, repairing, painting, or cleaning of any house, building, or structure within this state is guilty of a misdemeanor who does any of the following: (a) Knowingly or negligently furnishes or erects, or causes to be furnished or erected for the performance of that labor, unsafe or improper scaffolding, slings, hammers, blocks, pulleys, stays, braces, ladders, irons, ropes, or other mechanical contrivances. (b) Hinders or obstructs any officer or inspector of the Division of Occupational Safety and Health attempting to inspect such equipment under the provisions of this article or any law or safety order of this state. (c) Destroys or defaces, or removes any notice posted thereon by any division officer or inspector, or permits the use thereof, after the equipment has been declared unsafe by the officer or inspector. (Amended by Stats. 1980, Ch. 676.)
  170. 7157.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Scaffolding [7150 - 7158] ( Article 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The division may make and enforce safety orders under law to support this article’s purposes and provisions.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Scaffolding [7150 - 7158] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 7157. The division may make and enforce safety orders in the manner prescribed by law, to supplement and carry into effect the purposes and provisions of this article. (Amended by Stats. 1945, Ch. 1431.)
  171. 7158.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Scaffolding [7150 - 7158] ( Article 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The division must enforce this article’s provisions.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Scaffolding [7150 - 7158] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 7158. The division shall enforce the provisions of this article. (Amended by Stats. 1945, Ch. 1431.)
  172. 72.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Industrial Welfare Commission [70 - 74] ( Heading of Chapter 2 amended by Stats. 1976, Ch. 746. )

    Verify source ↗

    Members of the commission are entitled to $100 for each day they actually attend commission meetings or other official business, plus their actual and necessary expenses.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Industrial Welfare Commission [70 - 74] ( Heading of Chapter 2 amended by Stats. 1976, Ch. 746. ) ## 72. The members of the commission shall receive one hundred dollars ($100) for each day’s actual attendance at meetings and other official business of the commission and shall receive their actual and necessary expenses incurred in the performance of their duties. (Amended by Stats. 1980, Ch. 1083.)
  173. 7200.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Construction Elevators [7200 - 7205] ( Article 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section defines “construction elevator” and “building” for this article.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Construction Elevators [7200 - 7205] ( Article 3 enacted by Stats. 1937, Ch. 90. ) ## 7200. As used in this article: (a) “Construction elevator” includes any means used to hoist persons or material of any kind on a building under course of construction, when operated by any power other than muscular power. (b) “Building” includes structures of all kinds during the course of construction, regardless of the purposes for which they are intended and whether such construction be below or above the level of the ground. (Enacted by Stats. 1937, Ch. 90.)
  174. 7201.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Construction Elevators [7200 - 7205] ( Article 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Construction elevators used in buildings must have a signal system.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Construction Elevators [7200 - 7205] ( Article 3 enacted by Stats. 1937, Ch. 90. ) ## 7201. Every construction elevator used in buildings shall have a system of signals for the purpose of signaling the person operating or controlling the machinery which operates or controls the construction elevator. (Enacted by Stats. 1937, Ch. 90.)
  175. 7202.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Construction Elevators [7200 - 7205] ( Article 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The person in charge of a building must appoint signal persons for a construction elevator, choose them from workers most familiar with the work, and protect the signaling devices from unauthorized or accidental operation.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Construction Elevators [7200 - 7205] ( Article 3 enacted by Stats. 1937, Ch. 90. ) ## 7202. The person in charge of a building shall appoint one or more persons to give such signals. Such person shall be selected from those most familiar with the work for which the construction elevator is being used. The signaling devices provided shall be protected against unauthorized or accidental operation. (Enacted by Stats. 1937, Ch. 90.)
  176. 7203.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Construction Elevators [7200 - 7205] ( Article 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The board must make general safety orders and may amend them from time to time, following the manner prescribed by law.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Construction Elevators [7200 - 7205] ( Article 3 enacted by Stats. 1937, Ch. 90. ) ## 7203. The board shall make, and may from time to time amend, general safety orders in the manner prescribed by law. Such orders shall specify and fix the nature and methods of signals and signaling devices and uniform signals to be used in this State under this article. (Amended by Stats. 1945, Ch. 1431.)
  177. 7204.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Construction Elevators [7200 - 7205] ( Article 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The division must inspect all construction elevators and, if a defect or danger is found, direct the person in charge to fix it before the elevator is used again.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Construction Elevators [7200 - 7205] ( Article 3 enacted by Stats. 1937, Ch. 90. ) ## 7204. The division shall inspect all construction elevators. If any part of the construction or system of signals used on a construction elevator is defective or endangers the lives of the persons working in the immediate vicinity of the construction elevator, the division shall direct the person in charge thereof to remedy such defect. Such construction elevator shall not be used again until the order of the division is complied with. (Amended by Stats. 1945, Ch. 1431.)
  178. 7205.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Construction Elevators [7200 - 7205] ( Article 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Violating any provision of this article is a misdemeanor punishable by a fine, jail time, or both.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Construction Elevators [7200 - 7205] ( Article 3 enacted by Stats. 1937, Ch. 90. ) ## 7205. Any person, or the agent or officer thereof, who violates any provision of this article is guilty of a misdemeanor, punishable by a fine of not less than one hundred dollars ($100) and not more than one thousand dollars ($1,000), or imprisonment in the county jail for not less than 30 days and not more than six months, or both. (Amended by Stats. 1983, Ch. 1092, Sec. 223. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  179. 7250.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Structural Steel Framed Buildings [7250 - 7267] ( Article 4 added by Stats. 1970, Ch. 1498. )

    Verify source ↗

    This section defines “building” for this article as a multifloor structural steel framed building more than two stories high that is under construction.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Structural Steel Framed Buildings [7250 - 7267] ( Article 4 added by Stats. 1970, Ch. 1498. ) ## 7250. As used in this article “building” means any multifloor structural steel framed building more than two stories high in the course of construction. (Added by Stats. 1970, Ch. 1498.)
  180. 7251.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Structural Steel Framed Buildings [7250 - 7267] ( Article 4 added by Stats. 1970, Ch. 1498. )

    Verify source ↗

    These provisions apply to buildings erected in tiers or stories, but not to steel-framed buildings with large open spans or areas like mills, gymnasiums, auditoriums, hangars, arenas, or stadiums.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Structural Steel Framed Buildings [7250 - 7267] ( Article 4 added by Stats. 1970, Ch. 1498. ) ## 7251. As defined above, these provisions shall apply to buildings erected in tiers or stories and shall not apply to steel framed buildings having large open spans or areas such as, mill buildings, gymnasiums, auditoriums, hangars, arenas, or stadiums. (Added by Stats. 1970, Ch. 1498.)
  181. 7252.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Structural Steel Framed Buildings [7250 - 7267] ( Article 4 added by Stats. 1970, Ch. 1498. )

    Verify source ↗

    The derrick or working floor of every building must be solidly decked over its entire surface, except for access openings.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Structural Steel Framed Buildings [7250 - 7267] ( Article 4 added by Stats. 1970, Ch. 1498. ) ## 7252. The derrick or working floor of every building shall be solidly decked over its entire surface except for access openings. (Added by Stats. 1970, Ch. 1498.)
  182. 7253.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Structural Steel Framed Buildings [7250 - 7267] ( Article 4 added by Stats. 1970, Ch. 1498. )

    Verify source ↗

    A temporary floor must be installed below certain steel-beam work, and safety belts are required for short-duration exposure to falling risks.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Structural Steel Framed Buildings [7250 - 7267] ( Article 4 added by Stats. 1970, Ch. 1498. ) ## 7253. There shall be a tight and substantial temporary floor within two floors below and directly under that portion of each tier of beams on which erection, riveting, bolting, welding or painting is being done. For operations of short duration of exposure to falling, safety belts shall be required as set forth in Section 7265. (Added by Stats. 1970, Ch. 1498.)
  183. 7254.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Structural Steel Framed Buildings [7250 - 7267] ( Article 4 added by Stats. 1970, Ch. 1498. )

    Verify source ↗

    Temporary floors must be wood planking thick enough to carry the working load, and at least 2 inches thick.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Structural Steel Framed Buildings [7250 - 7267] ( Article 4 added by Stats. 1970, Ch. 1498. ) ## 7254. Temporary floors shall be wood planking of proper thickness, grade and span to carry the working load, but shall not be less than two inches thick, full size undressed. (Added by Stats. 1970, Ch. 1498.)
  184. 7255.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Structural Steel Framed Buildings [7250 - 7267] ( Article 4 added by Stats. 1970, Ch. 1498. )

    Verify source ↗

    Temporary flooring must be secured against being displaced by strong winds or other forces.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Structural Steel Framed Buildings [7250 - 7267] ( Article 4 added by Stats. 1970, Ch. 1498. ) ## 7255. Provision shall be made to secure temporary flooring against displacement by strong winds or other forces. (Added by Stats. 1970, Ch. 1498.)
  185. 7256.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Structural Steel Framed Buildings [7250 - 7267] ( Article 4 added by Stats. 1970, Ch. 1498. )

    Verify source ↗

    Planks must extend at least 12 inches beyond the centerline of their supports at each end.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Structural Steel Framed Buildings [7250 - 7267] ( Article 4 added by Stats. 1970, Ch. 1498. ) ## 7256. Planks shall extend a minimum of 12 inches beyond centerline of their supports at each end. (Added by Stats. 1970, Ch. 1498.)
  186. 7257.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Structural Steel Framed Buildings [7250 - 7267] ( Article 4 added by Stats. 1970, Ch. 1498. )

    Verify source ↗

    Openings next to columns must be covered with wire mesh or exterior-grade plywood when planks do not fit tightly.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Structural Steel Framed Buildings [7250 - 7267] ( Article 4 added by Stats. 1970, Ch. 1498. ) ## 7257. Wire mesh or plywood (exterior grade) shall be used to cover openings adjacent to columns where planks do not fit tightly. (Added by Stats. 1970, Ch. 1498.)
  187. 7258.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Structural Steel Framed Buildings [7250 - 7267] ( Article 4 added by Stats. 1970, Ch. 1498. )

    Verify source ↗

    Metal decking used instead of wood planking must be strong enough and installed tightly so it does not move.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Structural Steel Framed Buildings [7250 - 7267] ( Article 4 added by Stats. 1970, Ch. 1498. ) ## 7258. Metal decking where used in lieu of wood planking shall be of equivalent strength and shall be laid tightly and secured to prevent movement. (Added by Stats. 1970, Ch. 1498.)
  188. 7259.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Structural Steel Framed Buildings [7250 - 7267] ( Article 4 added by Stats. 1970, Ch. 1498. )

    Verify source ↗

    Temporarily removed floor planks must be put back as soon as the related work is finished, or the open area must be properly guarded.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Structural Steel Framed Buildings [7250 - 7267] ( Article 4 added by Stats. 1970, Ch. 1498. ) ## 7259. Floor planks that are temporarily removed for any reason whatsoever shall be replaced as soon as work requiring their removal is completed or the open area shall be properly guarded. (Added by Stats. 1970, Ch. 1498.)
  189. 7260.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Structural Steel Framed Buildings [7250 - 7267] ( Article 4 added by Stats. 1970, Ch. 1498. )

    Verify source ↗

    Before a temporary floor plank is removed, assigned supervision must instruct employees on the steps needed to do the work safely and in the correct sequence.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Structural Steel Framed Buildings [7250 - 7267] ( Article 4 added by Stats. 1970, Ch. 1498. ) ## 7260. Prior to removal of temporary floor plank, employees shall be instructed by assigned supervision the steps to be taken to perform the work safely and in proper sequence. (Added by Stats. 1970, Ch. 1498.)
  190. 7261.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Structural Steel Framed Buildings [7250 - 7267] ( Article 4 added by Stats. 1970, Ch. 1498. )

    Verify source ↗

    Steel erector’s personnel must remove temporary floor planks successively from a lower floor while preparing to move them to an upper working floor.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Structural Steel Framed Buildings [7250 - 7267] ( Article 4 added by Stats. 1970, Ch. 1498. ) ## 7261. When gathering and stacking temporary floor plank on a lower floor, in preparation for transferring such plank for use on an upper working floor, the steel erector’s personnel shall remove such plank successively, working toward the last panel of such floor, so that the work is always being done from the planked floor. (Added by Stats. 1970, Ch. 1498.)
  191. 7262.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Structural Steel Framed Buildings [7250 - 7267] ( Article 4 added by Stats. 1970, Ch. 1498. )

    Verify source ↗

    When steel erector personnel gather and stack temporary floor planks from the last panel, they must be protected by safety belts with life lines attached to a catenary line or another substantial anchorage.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Structural Steel Framed Buildings [7250 - 7267] ( Article 4 added by Stats. 1970, Ch. 1498. ) ## 7262. When gathering and stacking temporary floor planks from the last panel, the steel erector’s personnel assigned to such work shall be protected by safety belts with life lines attached to a catenary line or other substantial anchorage. (Added by Stats. 1970, Ch. 1498.)
  192. 7263.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Structural Steel Framed Buildings [7250 - 7267] ( Article 4 added by Stats. 1970, Ch. 1498. )

    Verify source ↗

    During construction, the erection, bolting, temporary guying, riveting, and welding sequence must keep the structural frame stable at all times.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Structural Steel Framed Buildings [7250 - 7267] ( Article 4 added by Stats. 1970, Ch. 1498. ) ## 7263. The sequence of erection, bolting, temporary guying, riveting and welding shall be such as to maintain the stability of the structural frame at all times during construction. This applies to the dead weight of the structure, plus weight and working reactions of all construction equipment placed thereon plus any external forces that may be applied. (Added by Stats. 1970, Ch. 1498.)
  193. 7264.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Structural Steel Framed Buildings [7250 - 7267] ( Article 4 added by Stats. 1970, Ch. 1498. )

    Verify source ↗

    If a building is constructed in sections, each section is treated as a building under Section 7250.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Structural Steel Framed Buildings [7250 - 7267] ( Article 4 added by Stats. 1970, Ch. 1498. ) ## 7264. Where a building is being constructed in sections, each section constitutes a building as defined in Section 7250. (Added by Stats. 1970, Ch. 1498.)
  194. 7265.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Structural Steel Framed Buildings [7250 - 7267] ( Article 4 added by Stats. 1970, Ch. 1498. )

    Verify source ↗

    Safety belts and nets must be used as required by the referenced California construction safety rules.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Structural Steel Framed Buildings [7250 - 7267] ( Article 4 added by Stats. 1970, Ch. 1498. ) ## 7265. Safety belts and nets shall be required in accordance with Article 24 (commencing with Section 1669) of subchapter 4 of Chapter 4 of Part 1 of Title 8 of the California Administrative Code, Construction Safety Orders of the Division of Occupational Safety and Health. (Amended by Stats. 1980, Ch. 676.)
  195. 7266.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Structural Steel Framed Buildings [7250 - 7267] ( Article 4 added by Stats. 1970, Ch. 1498. )

    Verify source ↗

    No person may proceed with work, or let others proceed with work, unless the planking or nets required by the article are in place.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Structural Steel Framed Buildings [7250 - 7267] ( Article 4 added by Stats. 1970, Ch. 1498. ) ## 7266. No person shall proceed with any work assigned to or undertaken by him, or require or permit any other person to proceed with work assigned to or undertaken by either, unless the planking or nets required by this article are in place. Violation of this section is a misdemeanor. (Added by Stats. 1970, Ch. 1498.)
  196. 7267.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Structural Steel Framed Buildings [7250 - 7267] ( Article 4 added by Stats. 1970, Ch. 1498. )

    Verify source ↗

    The Division of Occupational Safety and Health must enforce this article.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Buildings Under Construction or Repair [7100 - 7267] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Structural Steel Framed Buildings [7250 - 7267] ( Article 4 added by Stats. 1970, Ch. 1498. ) ## 7267. The Division of Occupational Safety and Health shall enforce this article. (Amended by Stats. 1980, Ch. 676.)
  197. 73.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Industrial Welfare Commission [70 - 74] ( Heading of Chapter 2 amended by Stats. 1976, Ch. 746. )

    Verify source ↗

    The Industrial Welfare Commission may hire needed staff, and that staff must be supervised and appointed under the State Civil Service Act, except for one exempt deputy or employee allowed by the California Constitution.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Industrial Welfare Commission [70 - 74] ( Heading of Chapter 2 amended by Stats. 1976, Ch. 746. ) ## 73. The Industrial Welfare Commission may employ necessary assistants, officers, experts, and such other employees as it deems necessary. All such personnel of the commission shall be under the supervision of the chairman or an executive officer to whom the chairman delegates such responsibility. All such personnel shall be appointed pursuant to the State Civil Service Act (Part 1 (commencing with Section 18000) of Division 5 of Title 2 of the Government Code), except for the one exempt deputy or employee allowed by subdivision (e) of Section 4 of Article VII of the California Constitution. (Repealed and added by Stats. 1980, Ch. 1083.)
  198. 7300.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. )

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    This section says the chapter’s purpose is to promote safety for the public and workers using covered conveyances, and it sets minimum operating and maintenance standards.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. ) ## 7300. The Legislature finds and declares all of the following: (a) It is the purpose of this chapter to promote public safety awareness and to assure, to the extent feasible, the safety of the public and of workers with respect to conveyances covered by this chapter. (b) The use of unsafe or defective conveyances imposes a substantial probability of serious and preventable injury to employees and the public. The prevention of these injuries and protection of employees and the public from unsafe conditions is in the best interest of the people of this state. Therefore, this chapter also establishes minimum standards for persons operating or maintaining conveyances covered by this chapter. These standards include familiarity with the operation and safety functions of the components and equipment, and documented training or experience or both, which shall include, but not be limited to, recognizing the safety hazards and performing the procedures to which they are assigned in conformance with all legal requirements. (c) This chapter is not intended to prevent the division from implementing regulations, nor to prevent the use of systems, methods, or devices of equivalent or superior quality, strength, fire resistance, code effectiveness, durability, and safety to those required by the law, provided that there is technical documentation to demonstrate that the equivalency of the system, method, or device, is at least as effective as that prescribed in ASME A17.1, ASME A17.3, ASME A18.1, or ASCE 21. (Repealed and added by Stats. 2002, Ch. 1149, Sec. 3. Effective January 1, 2003.)
  199. 7300.1.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. )

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    This section defines key terms used for elevator and conveyance safety rules, and it sets requirements for temporarily dormant conveyances.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. ) ## 7300.1. As used in this chapter: (a) “ASCE 21” means the Automated People Mover Standards, as adopted by the American Society of Civil Engineers. (b) “ASME A17.1” means the Safety Code for Elevators and Escalators, an American National Standard, as adopted by the American Society of Mechanical Engineers. (c) “ASME A17.3” means the Safety Code for Existing Elevators and Escalators, an American National Standard, as adopted by the American Society of Mechanical Engineers. (d) “ASME A18.1” means the Safety Standard for Platform Lifts and Stairway Chairlifts, an American National Standard, as adopted by the American Society of Mechanical Engineers. (e) “Automated people mover” has the same meaning as defined in ASCE 21. (f) “Board” or “standards board” means the Occupational Safety and Health Standards Board. (g) “Certified qualified conveyance company” means any person, firm, or corporation that (1) possesses a valid contractor’s license if required by Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code and (2) is certified as a qualified conveyance company by the division in accordance with this chapter. (h) “Certified competent conveyance mechanic” means any person who has been determined by the division to have the qualifications and ability of a competent journey-level conveyance mechanic and is so certified by the division in accordance with this chapter. (i) “Conveyance” means any elevator, dumbwaiter, escalator, moving platform lift, stairway chairlift, material lift or dumbwaiter with automatic transfer device, automated people mover, or other equipment subject to this chapter. (j) “Division” means the Division of Occupational Safety and Health. (k) “Dormant elevator, dumbwaiter, or escalator” means an installation placed out of service as specified in ASME A17.1 and ASME A18.1. (l) “Elevator” means an installation defined as an “elevator” in ASME A17.1. (m) “Conveyance inspector” means any conveyance safety inspector of the division or other conveyance inspector determined by the division to be qualified pursuant to this chapter. (n) “Escalator” means an installation defined as an “escalator” in ASME A17.1. (o) “Existing installation” means an installation defined as an “installation, existing” in ASME A17.1. (p) “Full maintenance service contract” means an agreement by a certified competent conveyance company and the person owning or having the custody, management, or control of the operation of the conveyance, if the agreement provides that the certified competent conveyance company is responsible for effecting repairs necessary to the safe operation of the equipment and will provide services as frequently as is necessary, but no less often than monthly. (q) “Material alteration” means an alteration as defined in ASME A17.1 or A18.1. (r) “Moving walk” or “moving sidewalk” means an installation defined as a “moving walk” in ASME A17.1. (s) “Permit” means a document issued by the division that indicates that the conveyance has had the required safety inspection and tests and fees have been paid as set forth in this chapter. (t) “Temporary permit” means a document issued by the division which permits the use of a noncompliant conveyance by the general public for a limited time while minor repairs are being completed or until permit fees are paid. (u) “Repair” has the same meaning as defined in ASME A17.1 or A18.1. A “repair” does not require a permit. (v) “Temporarily dormant elevator, dumbwaiter, or escalator” means a conveyance, the power supply of which has been disconnected by removing fuses and placing a padlock on the mainline disconnect switch in the “off” position. In the case of an elevator or dumbwaiter, the car shall be parked and the hoistway doors shall be in the closed and latched position. A wire seal shall be installed on the mainline disconnect switch by a conveyance inspector of the division. The wire seal and padlock shall not be removed for any purpose without permission from a conveyance inspector of the division. A temporarily dormant elevator, dumbwaiter, or escalator shall not be used again until it has been put in safe running order and is in condition for use. Annual inspections by a conveyance inspector shall continue for the duration of the temporarily dormant status. Temporarily dormant status may be renewed annually, but shall not exceed five years. After each inspection, the conveyance inspector shall file a report with the chief of the division describing the current condition of the conveyance. (w) The meanings of building transportation terms not otherwise defined in this section shall be as defined in the latest editions of ASME A17.1 and ASME A18.1. (Amended by Stats. 2004, Ch. 503, Sec. 1. Effective January 1, 2005.)
  200. 7300.2.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. )

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    This section says the chapter applies to specified conveyances and related parts and hoistways, except as provided in Section 7300.3.

    ## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 3. SAFETY ON BUILDINGS [7100 - 7384] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances [7300 - 7324.2] ( Heading of Chapter 2 amended by Stats. 2002, Ch. 1149, Sec. 1. ) ## 7300.2. Except as provided in Section 7300.3, this chapter covers the design, erection, construction, installation, material alteration, inspection, testing, maintenance, repair, service, and operation of the following conveyances and their associated parts and hoistways: (a) Hoisting and lowering mechanisms equipped with a car or platform which move between two or more landings. This equipment includes, but is not limited to, the following: (1) Elevators. (2) Platform lifts and stairway chair lifts. (b) Power-driven stairways and walkways for carrying persons between landings. This equipment includes, but is not limited to, the following: (1) Escalators. (2) Moving walks. (c) Hoisting and lowering mechanisms equipped with a car which serve two or more landings and are restricted to the carrying of material by limited size or limited access to the car. This equipment includes, but is not limited to, the following: (1) Dumbwaiters. (2) Material lifts and dumbwaiters with automatic transfer devices. (d) Automatic guided transit vehicles on guideways with an exclusive right-of-way. This equipment includes, but is not limited to, automated people movers. (Added by Stats. 2002, Ch. 1149, Sec. 5. Effective January 1, 2003.)

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