Labor Code
Part 13 of 13 · provisions 2,401–2,599
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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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- 7928. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8.1. PERMANENT AMUSEMENT RIDE SAFETY INSPECTION PROGRAM [7920 - 7932] ( Part 8.1 added by Stats. 1999, Ch. 585, Sec. 1. )
The division must adopt rules and regulations needed to administer this part, and it may hire qualified safety inspectors when necessary.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8.1. PERMANENT AMUSEMENT RIDE SAFETY INSPECTION PROGRAM [7920 - 7932] ( Part 8.1 added by Stats. 1999, Ch. 585, Sec. 1. ) ## 7928. The division shall adopt rules and regulations necessary for the administration of this part. The division may employ qualified safety inspectors as necessary for the purposes of this part. (Added by Stats. 1999, Ch. 585, Sec. 1. Effective January 1, 2000.) - 7929. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8.1. PERMANENT AMUSEMENT RIDE SAFETY INSPECTION PROGRAM [7920 - 7932] ( Part 8.1 added by Stats. 1999, Ch. 585, Sec. 1. )
The division must set and collect fees for administering this part, charge them to service recipients under regulations, may include certain costs in the fee amount, may collect fees from public entities, must deposit collected fees into the Occupational Safety and Health Fund, and must assess a penalty if a ride operator-related person does not pay within 60 days after notification.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8.1. PERMANENT AMUSEMENT RIDE SAFETY INSPECTION PROGRAM [7920 - 7932] ( Part 8.1 added by Stats. 1999, Ch. 585, Sec. 1. ) ## 7929. (a) The division shall fix and collect all fees necessary to cover the cost to the division of administering this part. Fees shall be charged to a person or entity receiving the division’s services as provided by this part, as set out in regulations adopted pursuant to this part, including, but not limited to, approvals, determinations, certifications and recertifications, receipt and review of certificates, and inspections. In fixing the amount of these fees, the division may include direct costs and a reasonable percentage attributable to the indirect costs of the division for administering this part. Notwithstanding Section 6103 of the Government Code, the division may collect these fees from the state or any county, city, district, or other political subdivision. (b) All fees collected pursuant to this section shall be deposited into the Occupational Safety and Health Fund to support the Permanent Amusement Ride Safety Inspection Program. (c) Whenever a person owning or having custody, management, or operation of a permanent amusement ride fails to pay any fee required under this part within 60 days after the date of notification by the division, the division shall assess a penalty equal to 100 percent of the initial fee. For purposes of this section, the date of the invoice fixing the fee shall be considered the date of notification. (Amended by Stats. 2016, Ch. 31, Sec. 225. (SB 836) Effective June 27, 2016.) - 7930. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8.1. PERMANENT AMUSEMENT RIDE SAFETY INSPECTION PROGRAM [7920 - 7932] ( Part 8.1 added by Stats. 1999, Ch. 585, Sec. 1. )
If the division finds that an owner or operator of a permanent amusement ride willfully or intentionally violated the part or related rules and the violation caused death or serious injury, it must impose a civil penalty.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8.1. PERMANENT AMUSEMENT RIDE SAFETY INSPECTION PROGRAM [7920 - 7932] ( Part 8.1 added by Stats. 1999, Ch. 585, Sec. 1. ) ## 7930. If the division determines that any owner or operator of a permanent amusement ride subject to this part has willfully or intentionally violated this part or any rule or regulation promulgated under this part, and that violation results in a death or serious injury as specified in Section 7925, the division shall impose on that owner or operator a civil penalty of not less than twenty-five thousand dollars ($25,000) and not more than seventy thousand dollars ($70,000). (Added by Stats. 1999, Ch. 585, Sec. 1. Effective January 1, 2000.) - 7931. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8.1. PERMANENT AMUSEMENT RIDE SAFETY INSPECTION PROGRAM [7920 - 7932] ( Part 8.1 added by Stats. 1999, Ch. 585, Sec. 1. )
The division must enforce this part by issuing a citation and notice of civil penalty. An owner or operator who receives a citation and penalty may appeal to the Occupational Safety and Health Appeals Board.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8.1. PERMANENT AMUSEMENT RIDE SAFETY INSPECTION PROGRAM [7920 - 7932] ( Part 8.1 added by Stats. 1999, Ch. 585, Sec. 1. ) ## 7931. The division shall enforce this part by the issuance of a citation and notice of civil penalty in a manner consistent with Section 6317. Any owner or operator who receives a citation and penalty may appeal the citation and penalty to the Occupational Safety and Health Appeals Board in a manner consistent with Section 6319. (Added by Stats. 1999, Ch. 585, Sec. 1. Effective January 1, 2000.) - 7932. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8.1. PERMANENT AMUSEMENT RIDE SAFETY INSPECTION PROGRAM [7920 - 7932] ( Part 8.1 added by Stats. 1999, Ch. 585, Sec. 1. )
Some permanent amusement rides are exempt from annual division inspections if local inspection standards were adopted by April 1, 1998 and the division finds they meet or exceed this part’s standards.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 8.1. PERMANENT AMUSEMENT RIDE SAFETY INSPECTION PROGRAM [7920 - 7932] ( Part 8.1 added by Stats. 1999, Ch. 585, Sec. 1. ) ## 7932. (a) The provisions of this part relating to annual division inspections shall not apply to any permanent amusement ride located within a county or other political subdivision of the state that, as of April 1, 1998, has adopted the provisions of Chapter 66 (commencing with Section 6601.1) of the 1994 Uniform Building Code providing for the routine inspection of permanent amusement rides by the county or other political subdivision of the state, provided that the division determines that these inspections meet or exceed the inspection standards set forth in this part. (b) If the county or other political subdivision suspends, revokes, or otherwise vacates its standards for permanent amusement rides, any permanent amusement ride located within the county or other political subdivision shall be subject to the inspection standards set forth in this part. (Added by Stats. 1999, Ch. 585, Sec. 1. Effective January 1, 2000.) - 7950. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 1. Tunnels and Mines [7950 - 7964.5] ( Chapter 1 added by Stats. 1972, Ch. 1430. )
This section names the part and says it may be cited as “The Tom Carrell Memorial Tunnel and Mine Safety Act of 1972.”
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 1. Tunnels and Mines [7950 - 7964.5] ( Chapter 1 added by Stats. 1972, Ch. 1430. ) ## 7950. This part shall be known and may be cited as “The Tom Carrell Memorial Tunnel and Mine Safety Act of 1972.” (Added by Stats. 1972, Ch. 1430.) - 7951. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 1. Tunnels and Mines [7950 - 7964.5] ( Chapter 1 added by Stats. 1972, Ch. 1430. )
This section defines terms used in tunnel and mine safety rules.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 1. Tunnels and Mines [7950 - 7964.5] ( Chapter 1 added by Stats. 1972, Ch. 1430. ) ## 7951. As used in this part: (a) Tunnel shall include excavation, construction, alteration, repairing, renovating, or demolishing of any tunnel except tunnel work covered under the compressed air safety orders adopted by the Occupational Safety and Health Standards Board and manhole construction. (b) “Tunnel” means an underground passageway, excavated by men and equipment working below the earth’s surface, that provides a subterranean route along which men, equipment, or substances can move. (c) “Mine” means any excavation or opening above or below ground used for removal of ore, minerals, gravel, sand, rock, or other materials intended for manufacturing or sale. It shall include quarries and open pit operations, other than a gravel pit or other pit where material is removed by a contractor or other person for his own use and not for sale to others. The term “mine” shall not include a mine that is operated exclusively by persons having a proprietary interest in such mine or by persons who are paid only a share of the profits from the mine, nor shall it include during any calendar year, any mine that produced less than five thousand dollars ($5,000) in ore, minerals, sand, rock, or other material during the preceding calendar year. (d) “Access shaft” means a vertical shaft used as a regular means of worker access to underground mines and tunnels under construction, renovation, or demolition. (e) “Lower explosive limit” means the lowest concentration at which a gas or vapor can be ignited or will explode. (f) “Face” means the head of the tunnel where soil is being removed, or that area in a mine where digging is underway. (g) “Muck” means excavated dirt, rock, or other material. (h) “Permissible equipment” means equipment tested and approved by the U.S. Bureau of Mines or acceptable to other authorities recognized by the division, and acceptable by the division, which is safe for use in gassy or extrahazardous tunnels or underground mines. (i) “Division” means the Division of Occupational Safety and Health. (j) “Board” means the Occupational Safety and Health Standards Board. (k) “Underground mine” means a mine that consists of a subterranean excavation. (Amended by Stats. 1980, Ch. 676.) - 7952. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 1. Tunnels and Mines [7950 - 7964.5] ( Chapter 1 added by Stats. 1972, Ch. 1430. )
The division must have a separate unit of safety engineers trained to inspect tunnel construction and mine operations.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 1. Tunnels and Mines [7950 - 7964.5] ( Chapter 1 added by Stats. 1972, Ch. 1430. ) ## 7952. There shall be within the division a separate unit of safety engineers trained to inspect all tunnel construction and mine operations. (Added by Stats. 1972, Ch. 1430.) - 7953. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 1. Tunnels and Mines [7950 - 7964.5] ( Chapter 1 added by Stats. 1972, Ch. 1430. )
Sufficient manpower must be maintained to allow the required annual inspections of underground mines, surface mines or quarries, and tunnels under construction.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 1. Tunnels and Mines [7950 - 7964.5] ( Chapter 1 added by Stats. 1972, Ch. 1430. ) ## 7953. Sufficient manpower shall be maintained to provide for four annual inspections of underground mines, one inspection of surface mines or quarries annually, and six inspections of tunnels under construction annually. (Added by Stats. 1972, Ch. 1430.) - 7954. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 1. Tunnels and Mines [7950 - 7964.5] ( Chapter 1 added by Stats. 1972, Ch. 1430. )
The division must provide at least one industrial hygiene engineer and one chemist, keep a laboratory available for certain analyses, and may sign contracts for geological and other services when needed for safety.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 1. Tunnels and Mines [7950 - 7964.5] ( Chapter 1 added by Stats. 1972, Ch. 1430. ) ## 7954. To assist the unit of safety engineers in determining the safety of tunnel construction and mine operation, the division shall make available at least one industrial hygiene engineer and one chemist. A laboratory for analysis of dust, gas, vapors, soil, or other materials shall be available to members of this unit. Contracts to provide for geological and other services may be signed by the division whenever it is necessary to assure safety for employees engaged in mining or tunnel work. (Added by Stats. 1972, Ch. 1430.) - 7955. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 1. Tunnels and Mines [7950 - 7964.5] ( Chapter 1 added by Stats. 1972, Ch. 1430. )
The division must classify tunnels and underground mines, hold a prejob safety conference for underground operations, and may reclassify sites or issue special safety orders when needed.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 1. Tunnels and Mines [7950 - 7964.5] ( Chapter 1 added by Stats. 1972, Ch. 1430. ) ## 7955. The division and the owner of a mine, if he is not the operator of the mine, shall be notified before any initial mining operation or construction may be started at any mines or tunnels. A prejob safety conference shall be held with an authorized representative of the division for all underground operations. Representatives of the tunnel or mine owner, the employer, and employees shall be included in the prejob safety conference. The division shall classify all tunnels or underground mines operating on the effective date of this section, or which commence operation thereafter, as one of the classifications set forth in subdivisions (a) to (d), inclusive. Such classification shall be made prior to the request for bids on all public works projects, whenever possible. This shall not, however, prevent the division from reclassifying such mines or tunnels when conditions warrant it. (a) Nongassy, which classification shall be applied to tunnels or underground mines where there is little likelihood of encountering gas during the construction of the tunnel or operation of an underground mine. Such tunnels shall be constructed or underground mines operated under regulations, rules, and orders developed by the division and board and approved by the board. This subdivision shall not prohibit the division chief or his representatives from establishing any special orders that they feel are necessary for safety. (b) Potentially gassy, which classification shall be applied to tunnels or underground mines where there exists a possibility gas will be encountered. (c) Gassy, which classification shall be applied to tunnels or underground mines where it is likely gas will be encountered. Special safety measures, including those set forth in Sections 7965 to 7976, inclusive, those established by the division and board and adopted by the board, or special orders written by the chief or his representatives shall be observed in construction of gassy tunnels in addition to regular rules, orders, special orders, or regulations. (d) Extrahazardous, which classification may, when the division finds that there is a serious danger to the safety of the employees, be applied to tunnels or underground mines where gas or vapors have caused an explosion or fire, where the likelihood of encountering petroleum vapors exists, or where tests show, with normal ventilation, a concentration of hydrocarbon petroleum vapors in excess of 20 percent of the lower explosive limit within three inches of the roof, face, floor, or walls of any open workings. Construction in extrahazardous tunnels or operation in extrahazardous underground mines shall conform to safety measures set forth in Sections 7977 to 7985, inclusive, any rules, regulations, orders, or special orders of the division, or any special rules, orders, or regulations adopted by the board. The division shall not be required to reclassify any tunnel or underground mine that is shut down seasonally, when such tunnel or underground mine is put back into operation in not less than six months after date of the shutdown. (Added by Stats. 1972, Ch. 1430.) - 7956. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 1. Tunnels and Mines [7950 - 7964.5] ( Chapter 1 added by Stats. 1972, Ch. 1430. )
All personnel must be told the job classification for their work, and a notice of the classification and any special orders, rules, or regulations must be posted prominently at the site.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 1. Tunnels and Mines [7950 - 7964.5] ( Chapter 1 added by Stats. 1972, Ch. 1430. ) ## 7956. All personnel, including both employees working above ground and those in the tunnel or underground mine, shall be informed of the classification designated by the division for that job. A notice of the classification and any special orders, rules, or regulations to be used in construction, remodeling, demolition, or operation of the tunnel or underground mine shall be prominently posted at the site. (Added by Stats. 1972, Ch. 1430.) - 7957. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 1. Tunnels and Mines [7950 - 7964.5] ( Chapter 1 added by Stats. 1972, Ch. 1430. )
The employer must develop an emergency rescue plan for every tunnel or underground mine.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 1. Tunnels and Mines [7950 - 7964.5] ( Chapter 1 added by Stats. 1972, Ch. 1430. ) ## 7957. An emergency rescue plan shall be developed by the employer for every tunnel or underground mine. Such plan, including a current map of the tunnel or underground mine, shall be provided to local fire and rescue units, to the division, and to every employee at the place of employment. (Added by Stats. 1972, Ch. 1430.) - 7958. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 1. Tunnels and Mines [7950 - 7964.5] ( Chapter 1 added by Stats. 1972, Ch. 1430. )
Underground mines and tunnels must have trained rescue crews when staffing levels reach the stated thresholds.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 1. Tunnels and Mines [7950 - 7964.5] ( Chapter 1 added by Stats. 1972, Ch. 1430. ) ## 7958. A trained rescue crew of at least five men shall be provided at underground mines with more than 25 men or tunnels with 10 or more men underground at any one time. Smaller mines shall have one man for each 10 men underground who receives annual training in the use of breathing apparatus. Two trained crews shall be provided at mines with more than 50 men underground and at tunnels with more than 25 men underground. (Added by Stats. 1972, Ch. 1430.) - 7959. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 1. Tunnels and Mines [7950 - 7964.5] ( Chapter 1 added by Stats. 1972, Ch. 1430. )
Rescue crews must know the emergency equipment needed for rescue or searching for missing employees, and they must practice with the equipment and rescue-plan procedures at least once a month during tunnel or underground mine construction or operation.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 1. Tunnels and Mines [7950 - 7964.5] ( Chapter 1 added by Stats. 1972, Ch. 1430. ) ## 7959. Rescue crews shall be familiar with all emergency equipment necessary to effect a rescue or search for missing employees in case of an accident or explosion. Such rescue crews shall hold practices with equipment and using emergency rescue plan procedures at least once monthly during construction or operation of the tunnel or underground mines. At least one rescue crew shall be maintained above ground at all times and within 30 minutes travel of the tunnel or underground mine site classified as gassy or extrahazardous. (Added by Stats. 1972, Ch. 1430.) - 7960. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 1. Tunnels and Mines [7950 - 7964.5] ( Chapter 1 added by Stats. 1972, Ch. 1430. )
In potentially gassy tunnels or underground mines, gas or vapor tests must be done before work starts each shift, and the division must be notified immediately if gas is recorded at or above 10% of the lower explosive limit.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 1. Tunnels and Mines [7950 - 7964.5] ( Chapter 1 added by Stats. 1972, Ch. 1430. ) ## 7960. In any tunnel or underground mine classified as potentially gassy, tests for gas or vapors shall be made prior to start of work at each shift. If any concentration of gas at or above 10 percent of the lower explosive limit is recorded, the division shall be notified immediately. (Added by Stats. 1972, Ch. 1430.) - 7961. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 1. Tunnels and Mines [7950 - 7964.5] ( Chapter 1 added by Stats. 1972, Ch. 1430. )
The division must immediately investigate certain gas-readings notifications in potentially gassy tunnels or underground mines, and it may stop operations if the inspection suggests more gas or vapor may be encountered.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 1. Tunnels and Mines [7950 - 7964.5] ( Chapter 1 added by Stats. 1972, Ch. 1430. ) ## 7961. The division shall investigate immediately any notification of a gas reading 10 percent of the lower explosive limit or higher by an employer in a tunnel or underground mine classified as potentially gassy. If the inspection determines the likelihood of encountering more gas or vapor, the division may halt operations until the tunnel or mine can be reclassified. (Added by Stats. 1972, Ch. 1430.) - 7962. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 1. Tunnels and Mines [7950 - 7964.5] ( Chapter 1 added by Stats. 1972, Ch. 1430. )
In tunnels or underground mines, the employer must designate a certified safety representative; that person can correct unsafe conditions and practices and must direct the required safety programs.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 1. Tunnels and Mines [7950 - 7964.5] ( Chapter 1 added by Stats. 1972, Ch. 1430. ) ## 7962. A safety representative qualified to recognize hazardous conditions and certified by the division shall be designated by the employer in any tunnel or underground mine. He shall have the authority to correct unsafe conditions and unsafe practices, and shall be responsible for directing the required safety programs. (Added by Stats. 1972, Ch. 1430.) - 7963. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 1. Tunnels and Mines [7950 - 7964.5] ( Chapter 1 added by Stats. 1972, Ch. 1430. )
Underground mines and tunnels with more than five people underground at one time must keep telephone or other communication systems to the surface operating whenever anyone is underground.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 1. Tunnels and Mines [7950 - 7964.5] ( Chapter 1 added by Stats. 1972, Ch. 1430. ) ## 7963. All underground mines and tunnels with more than five men underground at one time shall have telephone or other communication systems to the surface in operation at any time there are persons underground. Such systems shall be installed in such a manner that destruction or removal of one phone or communication device does not make other phones or communication devices inoperative. (Added by Stats. 1972, Ch. 1430.) - 7964. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 1. Tunnels and Mines [7950 - 7964.5] ( Chapter 1 added by Stats. 1972, Ch. 1430. )
If an access shaft is the normal way to enter or leave an underground mine or tunnel, it must be made of fireproof material or be fireproofed.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 1. Tunnels and Mines [7950 - 7964.5] ( Chapter 1 added by Stats. 1972, Ch. 1430. ) ## 7964. Whenever an access shaft is used as the normal means of entrance or exit to an underground mine or tunnel, it shall be constructed of fireproof material or fireproofed by chemical or other means. (Added by Stats. 1972, Ch. 1430.) - 7964.5. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 1. Tunnels and Mines [7950 - 7964.5] ( Chapter 1 added by Stats. 1972, Ch. 1430. )
This section says the part does not limit the division’s ability to contract with the Secretary of the Interior for an approved state mine plan.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 1. Tunnels and Mines [7950 - 7964.5] ( Chapter 1 added by Stats. 1972, Ch. 1430. ) ## 7964.5. Nothing contained in this part shall restrict the division in contracting with the Secretary of the Interior for an approved state plan for mines under P.L. 89-577 (30 U.S.C. 721 et seq.). (Added by Stats. 1972, Ch. 1430.) - 7965. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 2. Gassy and Extrahazardous Tunnels [7965 - 7985] ( Chapter 2 added by Stats. 1972, Ch. 1430. )
Gassy tunnels and underground mines must operate under special procedures adopted by the board, along with applicable rules and orders for nongassy underground mines and tunnels.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 2. Gassy and Extrahazardous Tunnels [7965 - 7985] ( Chapter 2 added by Stats. 1972, Ch. 1430. ) ## 7965. Any tunnel or underground mine classified by the division as gassy shall operate under special procedures adopted by the board, as well as rules, regulations, special orders, or general orders for nongassy underground mines and tunnels. (Added by Stats. 1972, Ch. 1430.) - 7966. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 2. Gassy and Extrahazardous Tunnels [7965 - 7985] ( Chapter 2 added by Stats. 1972, Ch. 1430. )
In gassy tunnels, gas or vapor tests must be done before each shift and at least hourly while operating; extra tests are required before certain excavation or drilling steps, a log must be kept, and a probe hole must be maintained when approaching formations where gas or water may be found.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 2. Gassy and Extrahazardous Tunnels [7965 - 7985] ( Chapter 2 added by Stats. 1972, Ch. 1430. ) ## 7966. In any tunnel classified as gassy by the division, there shall be tests for gas or vapors taken prior to each shift and at least hourly during actual operation. If a mechanical excavator is used, gas tests shall be made prior to removal of muck or material and before any cutting or drilling in tunnels or underground mines where explosives are used. A log shall be maintained for inspection by the division showing results of each test. Whenever a tunnel excavation or underground mine operation approaches a geologic formation in which there is a likelihood of encountering gas or water, a probe hole at least 20 feet ahead of the tunnel face or area where material is being mined shall be maintained. (Added by Stats. 1972, Ch. 1430.) - 7967. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 2. Gassy and Extrahazardous Tunnels [7965 - 7985] ( Chapter 2 added by Stats. 1972, Ch. 1430. )
When initial gas levels in a gassy tunnel or underground mine exceed 10% of the lower explosive limit, the division must be notified immediately by telephone or telegraph.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 2. Gassy and Extrahazardous Tunnels [7965 - 7985] ( Chapter 2 added by Stats. 1972, Ch. 1430. ) ## 7967. Whenever gas levels in excess of 10 percent of the lower explosive limit are encountered initially in a tunnel or underground mine classified as gassy, the division shall be notified immediately by telephone or telegraph. The chief of the division or his authorized representative may waive subsequent notification for gas readings less than 20 percent of the lower explosive limits upon a finding that adequate ventilation and other safety measures are provided to assure employee safety. (Added by Stats. 1972, Ch. 1430.) - 7968. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 2. Gassy and Extrahazardous Tunnels [7965 - 7985] ( Chapter 2 added by Stats. 1972, Ch. 1430. )
In a gassy tunnel or underground mine, the division may stop work until hazard testing is completed.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 2. Gassy and Extrahazardous Tunnels [7965 - 7985] ( Chapter 2 added by Stats. 1972, Ch. 1430. ) ## 7968. In any gassy tunnel or underground mine, the division may order work halted until adequate testing can be completed to determine the level of hazard from gases or vapors. A notice of such shutdown shall be filed by the division inspector with his superiors as soon as practicable. Any overruling of such order must be made by the chief or his designated representative and must be in writing. An onsite inspection must be made by the person overruling an inspector’s order prior to resumption of work. (Added by Stats. 1972, Ch. 1430.) - 7969. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 2. Gassy and Extrahazardous Tunnels [7965 - 7985] ( Chapter 2 added by Stats. 1972, Ch. 1430. )
In gassy tunnels and underground mines, the division must review electrical lighting and equipment power plans, and an inspector may require safety-related changes.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 2. Gassy and Extrahazardous Tunnels [7965 - 7985] ( Chapter 2 added by Stats. 1972, Ch. 1430. ) ## 7969. In any gassy tunnel or underground mine the division shall review plans for electrical lighting and power for equipment. When it is necessary for safety, the inspector may require changes in the amount and type of lighting, and may require permissive-type wiring, switches, tools, and equipment. (Added by Stats. 1972, Ch. 1430.) - 7970. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 2. Gassy and Extrahazardous Tunnels [7965 - 7985] ( Chapter 2 added by Stats. 1972, Ch. 1430. )
Smoking is prohibited in gassy tunnels or underground mines, and employers must collect ignition sources like lighters and matches from employees entering the tunnel.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 2. Gassy and Extrahazardous Tunnels [7965 - 7985] ( Chapter 2 added by Stats. 1972, Ch. 1430. ) ## 7970. In any tunnel or underground mine classified gassy, smoking shall be prohibited and the employer shall be responsible for collecting all personal sources of ignition such as lighters and matches from employees entering the tunnel. (Added by Stats. 1972, Ch. 1430.) - 7971. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 2. Gassy and Extrahazardous Tunnels [7965 - 7985] ( Chapter 2 added by Stats. 1972, Ch. 1430. )
If gas or vapor ignites in a tunnel or underground mine, work must stop, employees must be removed, and reentry is barred except for rescue until the division inspects and authorizes reentry in writing.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 2. Gassy and Extrahazardous Tunnels [7965 - 7985] ( Chapter 2 added by Stats. 1972, Ch. 1430. ) ## 7971. Whenever there is any ignition of gas or vapor in a tunnel or underground mine, all work shall cease, employees shall be removed, and reentry except for rescue purposes shall be prohibited until the division has conducted an inspection and authorized reentry for maintenance or production in writing. (Added by Stats. 1972, Ch. 1430.) - 7972. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 2. Gassy and Extrahazardous Tunnels [7965 - 7985] ( Chapter 2 added by Stats. 1972, Ch. 1430. )
If gas in a tunnel or underground mine reaches 20% of its lower explosive limit, no one may reenter until the division approves it.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 2. Gassy and Extrahazardous Tunnels [7965 - 7985] ( Chapter 2 added by Stats. 1972, Ch. 1430. ) ## 7972. If the level of gas in any tunnel or underground mine reaches 20 percent of its lower explosive limit at any time all men shall be removed, the division notified immediately by telephone or telegram, and no one shall reenter the tunnel or underground mine until approval is given by the division. (Added by Stats. 1972, Ch. 1430.) - 7973. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 2. Gassy and Extrahazardous Tunnels [7965 - 7985] ( Chapter 2 added by Stats. 1972, Ch. 1430. )
In gassy tunnels or underground mines, employees must be told about special division orders before entering, and any later written orders must be posted and explained at a safety meeting before work starts.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 2. Gassy and Extrahazardous Tunnels [7965 - 7985] ( Chapter 2 added by Stats. 1972, Ch. 1430. ) ## 7973. In any tunnel or underground mine classified as gassy, all employees shall be informed of any special orders made by the division following an inspection. Such notice shall be given before entering the tunnel or underground mine. A copy of any orders subsequently written by the division shall be posted and all employees shall be notified at a safety meeting called by the safety representative before they are permitted to start work. (Added by Stats. 1972, Ch. 1430.) - 7974. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 2. Gassy and Extrahazardous Tunnels [7965 - 7985] ( Chapter 2 added by Stats. 1972, Ch. 1430. )
In gassy tunnels, ventilation must continuously exhaust fumes and air unless the division approves an alternative plan that is at least as effective.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 2. Gassy and Extrahazardous Tunnels [7965 - 7985] ( Chapter 2 added by Stats. 1972, Ch. 1430. ) ## 7974. In any tunnel classified as gassy by the division, ventilation shall include continuous exhausting of fumes and air, unless an alternative ventilation plan which is as effective or better is approved by the division. Fans for this purpose shall be located at the surface, and shall be reversible from a single switch at the portal or shaft. These requirements shall not preclude the use of auxiliary fans to supply more air or greater exhaust to a tunnel or underground mine. (Added by Stats. 1972, Ch. 1430.) - 7975. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 2. Gassy and Extrahazardous Tunnels [7965 - 7985] ( Chapter 2 added by Stats. 1972, Ch. 1430. )
In a gassy tunnel or underground mine, a safety representative or designated representative must cut off power when gas or vapor reaches 20% of the lower explosive limit or more.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 2. Gassy and Extrahazardous Tunnels [7965 - 7985] ( Chapter 2 added by Stats. 1972, Ch. 1430. ) ## 7975. A “kill” button capable of cutting off all electrical equipment shall be maintained in any gassy tunnel or underground mine. The safety representative or his designated representative shall cut off power at any time gas or vapor levels reach 20 percent of the lower explosive limit or more. Before work is restarted every employee underground shall be informed of the level of gas or vapor recorded, and a permanent record shall be called to the surface and retained in a special log. (Added by Stats. 1972, Ch. 1430.) - 7976. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 2. Gassy and Extrahazardous Tunnels [7965 - 7985] ( Chapter 2 added by Stats. 1972, Ch. 1430. )
For gassy tunnels or underground mines, the division must तयermine how many fire extinguishers are needed and where they must be placed.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 2. Gassy and Extrahazardous Tunnels [7965 - 7985] ( Chapter 2 added by Stats. 1972, Ch. 1430. ) ## 7976. In any tunnel or underground mine classified as gassy, the division shall determine the number of fire extinguishers necessary and their locations. (Added by Stats. 1972, Ch. 1430.) - 7977. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 2. Gassy and Extrahazardous Tunnels [7965 - 7985] ( Chapter 2 added by Stats. 1972, Ch. 1430. )
Extrahazardous tunnels and underground mines must follow the chapter’s gassy-tunnel rules and related division or board orders.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 2. Gassy and Extrahazardous Tunnels [7965 - 7985] ( Chapter 2 added by Stats. 1972, Ch. 1430. ) ## 7977. Any tunnel or underground mine classified as extrahazardous by the division shall comply with the provisions for gassy tunnels in this chapter, as well as regulations, rules, special orders, and general orders of the division or board. (Added by Stats. 1972, Ch. 1430.) - 7978. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 2. Gassy and Extrahazardous Tunnels [7965 - 7985] ( Chapter 2 added by Stats. 1972, Ch. 1430. )
Smoking and open flame are prohibited in extrahazardous tunnels or underground mines, and underground welding or cutting is subject to direct supervision and gas/vapor testing rules.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 2. Gassy and Extrahazardous Tunnels [7965 - 7985] ( Chapter 2 added by Stats. 1972, Ch. 1430. ) ## 7978. In any extrahazardous tunnel or underground mine smoking by employees or open flame shall be prohibited. Welding or cutting with arc or flame underground in other than fresh air shall be done under the direct supervision of qualified persons who shall test for gas and vapors before welding or cutting starts and continuously during such an operation. No cutting or welding shall be permitted in atmospheres where any concentration of gas or vapor reaches 20 percent of the lower explosive limit or more while a probe hole is being drilled or when the tunnel face or material from a mine is being excavated. (Added by Stats. 1972, Ch. 1430.) - 7979. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 2. Gassy and Extrahazardous Tunnels [7965 - 7985] ( Chapter 2 added by Stats. 1972, Ch. 1430. )
In extrahazardous tunnels or underground mines, the air must meet specific minimum oxygen and maximum contamination levels.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 2. Gassy and Extrahazardous Tunnels [7965 - 7985] ( Chapter 2 added by Stats. 1972, Ch. 1430. ) ## 7979. In tunnels or underground mines classified extrahazardous, sufficient air shall be supplied to maintain an atmosphere of all of the following conditions: (a) Not less than 19 percent oxygen. (b) Not more than 0.5 percent carbon dioxide. (c) Not more than 5 parts per million nitrogen dioxide. (d) No petroleum vapors or other toxic gases in concentrations exceeding the threshold limit values established annually by the American Conference of Governmental Industrial Hygienists. (Added by Stats. 1972, Ch. 1430.) - 7980. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 2. Gassy and Extrahazardous Tunnels [7965 - 7985] ( Chapter 2 added by Stats. 1972, Ch. 1430. )
Electrical equipment and machines used in extrahazardous tunnels or underground mines must be permissible equipment.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 2. Gassy and Extrahazardous Tunnels [7965 - 7985] ( Chapter 2 added by Stats. 1972, Ch. 1430. ) ## 7980. All electrical equipment and machines, including diesel engines, used in tunnels or underground mines classified extrahazardous shall be permissible equipment. The division may, however, permit the use of nonpermissive equipment in a tunnel or underground mine in areas where it finds there is no longer danger from gas or other hazards. (Added by Stats. 1972, Ch. 1430.) - 7981. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 2. Gassy and Extrahazardous Tunnels [7965 - 7985] ( Chapter 2 added by Stats. 1972, Ch. 1430. )
In certain underground mines, an escape chamber or alternate escape route must be kept within 5,000 feet of the tunnel face or excavation area, and workers must be given emergency rescue equipment and trained to use it.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 2. Gassy and Extrahazardous Tunnels [7965 - 7985] ( Chapter 2 added by Stats. 1972, Ch. 1430. ) ## 7981. An escape chamber or alternate escape route shall be maintained within 5,000 feet of the tunnel face or areas being used to excavate material in an underground mine classified as gassy or extrahazardous. Workers shall be provided with emergency rescue equipment and trained in its use. (Added by Stats. 1972, Ch. 1430.) - 7982. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 2. Gassy and Extrahazardous Tunnels [7965 - 7985] ( Chapter 2 added by Stats. 1972, Ch. 1430. )
Employers must keep certain air-flow and air-sample test records at extrahazardous tunnels or underground mines and show them to a division representative if asked.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 2. Gassy and Extrahazardous Tunnels [7965 - 7985] ( Chapter 2 added by Stats. 1972, Ch. 1430. ) ## 7982. Records of air flow and air sample tests to assure compliance with required standards shall be maintained by the employer at the site of any tunnel or underground mine classified extrahazardous. Such records shall be made available to any division representative upon request. (Added by Stats. 1972, Ch. 1430.) - 7983. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 2. Gassy and Extrahazardous Tunnels [7965 - 7985] ( Chapter 2 added by Stats. 1972, Ch. 1430. )
In extrahazardous tunnels or underground mines, the main ventilation fan line must have a cutoff switch that automatically stops underground machinery if the fan fails or drops below the minimum power needed for safe air.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 2. Gassy and Extrahazardous Tunnels [7965 - 7985] ( Chapter 2 added by Stats. 1972, Ch. 1430. ) ## 7983. The main fan line used for ventilation in any tunnel or underground mine classified extrahazardous shall contain a cutoff switch capable of halting all machinery underground automatically should the fan fail or its performance fall below minimum power needed to maintain a safe atmosphere. (Added by Stats. 1972, Ch. 1430.) - 7984. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 2. Gassy and Extrahazardous Tunnels [7965 - 7985] ( Chapter 2 added by Stats. 1972, Ch. 1430. )
In extrahazardous tunnels or underground mines, continuously testing atmospheric gas or vapor devices must be maintained and placed close to the work face, within 50 feet; the division may require additional monitors.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 2. Gassy and Extrahazardous Tunnels [7965 - 7985] ( Chapter 2 added by Stats. 1972, Ch. 1430. ) ## 7984. In any tunnel or underground mine classified extrahazardous a device or devices which automatically and continuously test the atmosphere for gases or vapors shall be maintained. Such device or devices shall be placed as near the face or area of operation as practical, but never more than 50 feet from such point. The division shall determine if additional monitors are necessary and where they should be located. This requirement shall apply only to tunnels or underground mines where excavation of material is by mechanical means. (Added by Stats. 1972, Ch. 1430.) - 7985. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 2. Gassy and Extrahazardous Tunnels [7965 - 7985] ( Chapter 2 added by Stats. 1972, Ch. 1430. )
Testing devices must be approved or acceptable to recognized authorities and must sound an alarm and flash red lights when gas or vapor levels reach or exceed permissible levels.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 2. Gassy and Extrahazardous Tunnels [7965 - 7985] ( Chapter 2 added by Stats. 1972, Ch. 1430. ) ## 7985. All such testing device or devices shall be U.S. Bureau of Mines approved or acceptable to other authorities recognized by the division and shall automatically sound an alarm and activate flashing red signals visible to employees underground whenever the concentration of gases or vapors reaches or exceeds permissible levels. Permissible levels may be established lower than the limits set in division rules, regulations, or general orders whenever a division inspector considers such action necessary to make the operation safe for employees. (Added by Stats. 1972, Ch. 1430.) - 7990. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 3. Licensing and Penalties [7990 - 8004] ( Chapter 3 added by Stats. 1972, Ch. 1430. )
In tunnels or mines under the division’s jurisdiction, only persons licensed by the division may use explosives.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 3. Licensing and Penalties [7990 - 8004] ( Chapter 3 added by Stats. 1972, Ch. 1430. ) ## 7990. In any tunnel or mine under jurisdiction of the division, the use of explosives shall be limited to persons licensed by the division. (Added by Stats. 1972, Ch. 1430.) - 7991. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 3. Licensing and Penalties [7990 - 8004] ( Chapter 3 added by Stats. 1972, Ch. 1430. )
To get or renew a license under Section 7990, a person must pass an oral and written exam given by the division. The division must also provide the exam in Spanish or another requested language, give an oral exam to applicants who cannot write, renew licenses every five years, set nonrefundable fees, and deposit those fees into the Occupational Safety and Health Fund.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 3. Licensing and Penalties [7990 - 8004] ( Chapter 3 added by Stats. 1972, Ch. 1430. ) ## 7991. (a) To obtain a license under Section 7990, and to renew that license, a person shall pass an oral and written examination given by the division. The division shall offer the examination in Spanish, or any other language, when requested by the applicant. The division shall administer an examination orally when requested by an applicant who cannot write. Licenses shall be renewable every five years. (b) The division shall set a nonrefundable fee for processing applications for licenses required by Section 7990 and a fee for administering examinations under this section. In fixing the amount of these fees, the division may include direct costs and a reasonable percentage attributable to the indirect costs of the division for administering this chapter. Those fees shall be deposited into the Occupational Safety and Health Fund. (Amended by Stats. 2016, Ch. 31, Sec. 226. (SB 836) Effective June 27, 2016.) - 7992. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 3. Licensing and Penalties [7990 - 8004] ( Chapter 3 added by Stats. 1972, Ch. 1430. )
The board must set qualifications for explosive blaster’s licenses and make rules for using explosives in tunnels or mines.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 3. Licensing and Penalties [7990 - 8004] ( Chapter 3 added by Stats. 1972, Ch. 1430. ) ## 7992. The board shall determine qualifications for persons seeking an “explosive blaster’s license” and rules and regulations for use of explosives in tunnels or mines. (Added by Stats. 1972, Ch. 1430.) - 7993. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 3. Licensing and Penalties [7990 - 8004] ( Chapter 3 added by Stats. 1972, Ch. 1430. )
A person with an explosive blaster’s license may have the license suspended for at least 30 days if convicted of violating a safety order about using or handling explosives.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 3. Licensing and Penalties [7990 - 8004] ( Chapter 3 added by Stats. 1972, Ch. 1430. ) ## 7993. Any person holding an “explosive blaster’s license” who is convicted of violating any safety order involving the use or handling of explosives shall have his license suspended for not less than 30 days upon hearing by the division, in addition to any other penalties he may be assessed. (Added by Stats. 1972, Ch. 1430.) - 7994. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 3. Licensing and Penalties [7990 - 8004] ( Chapter 3 added by Stats. 1972, Ch. 1430. )
A person convicted under the listed explosive-safety conditions can have an explosive blaster’s license revoked for at least one year. After that minimum period, the person may apply for a new license and must pass all examinations before it is granted.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 3. Licensing and Penalties [7990 - 8004] ( Chapter 3 added by Stats. 1972, Ch. 1430. ) ## 7994. Any person holding an “explosive blaster’s license” who is convicted of violating safety orders involving use or handling of explosives in which the violation is judged to be responsible for an accident involving serious injury or death shall have his or her license revoked for at least one year, in addition to any other penalties he or she may be assessed. Any person who has had his or her “explosive blaster’s license” revoked may apply for a new license after the minimum period of revocation expires. He or she shall be required to pass all examinations before a new license is granted. (Amended by Stats. 2006, Ch. 538, Sec. 495. Effective January 1, 2007.) - 7995. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 3. Licensing and Penalties [7990 - 8004] ( Chapter 3 added by Stats. 1972, Ch. 1430. )
If a person whose explosive blaster’s license has already been revoked is later convicted of a safety-order violation involving explosives, the license must be permanently revoked.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 3. Licensing and Penalties [7990 - 8004] ( Chapter 3 added by Stats. 1972, Ch. 1430. ) ## 7995. Any person who has had his “explosive blaster’s license” revoked who is subsequently convicted of violations of a safety order involving the use or handling of explosives shall have his license permanently revoked in addition to other penalties he may be assessed. (Added by Stats. 1972, Ch. 1430.) - 7996. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 3. Licensing and Penalties [7990 - 8004] ( Chapter 3 added by Stats. 1972, Ch. 1430. )
Safety equipment used to provide safe employment in tunnels or underground mines must be approved by the U.S. Bureau of Mines or otherwise acceptable to recognized authorities and the division.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 3. Licensing and Penalties [7990 - 8004] ( Chapter 3 added by Stats. 1972, Ch. 1430. ) ## 7996. All safety equipment required to provide safe employment in tunnels or underground mines shall be U.S. Bureau of Mines approved, or acceptable to other authorities recognized by the division, and acceptable by the division. (Added by Stats. 1972, Ch. 1430.) - 7997. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 3. Licensing and Penalties [7990 - 8004] ( Chapter 3 added by Stats. 1972, Ch. 1430. )
The board must review and update the general orders for tunnels and mines at least every two years.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 3. Licensing and Penalties [7990 - 8004] ( Chapter 3 added by Stats. 1972, Ch. 1430. ) ## 7997. The board shall review and update general orders for tunnels and mines at least every two years. Representatives of the unit inspecting tunnels and mines shall be consulted during each review and shall be permitted to submit suggested changes to the general orders at any time. (Added by Stats. 1972, Ch. 1430.) - 7998. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 3. Licensing and Penalties [7990 - 8004] ( Chapter 3 added by Stats. 1972, Ch. 1430. )
The division must develop tests to qualify gas testers and safety representatives in tunnels and mines.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 3. Licensing and Penalties [7990 - 8004] ( Chapter 3 added by Stats. 1972, Ch. 1430. ) ## 7998. The division shall also develop tests, available in English, Spanish, or other languages where a sufficient portion of employees exists to show need, to qualify gas testers and safety representatives in tunnels and mines. (Amended by Stats. 1974, Ch. 1284.) - 7999. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 3. Licensing and Penalties [7990 - 8004] ( Chapter 3 added by Stats. 1972, Ch. 1430. )
A person may not work as a gas tester or safety representative in a tunnel or underground mine unless they hold a certificate issued by the division.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 3. Licensing and Penalties [7990 - 8004] ( Chapter 3 added by Stats. 1972, Ch. 1430. ) ## 7999. No person shall be qualified to operate as a gas tester, or serve as a safety representative in a tunnel or underground mine unless he holds a certificate issued by the division. No certificate may be issued or renewed unless the applicant or licensee, as the case may be, has passed an examination given by the division. (Amended by Stats. 1974, Ch. 1284.) - 8. Verify source ↗
## Labor Code - LAB ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 90. )
The section defines “writing” broadly and requires code-mandated notices, reports, statements, and records to be made in writing; certified mail counts as sufficient when registered mail is required.
## Labor Code - LAB ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 90. ) ## 8. Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required by this code, it shall be made in writing. Wherever any notice or other communication is required by this code to be mailed by registered mail by or to any person or corporation, the mailing of such notice or other communication by certified mail shall be deemed to be a sufficient compliance with the requirements of law. (Amended by Stats. 1984, Ch. 1089, Sec. 1.) - 80. Verify source ↗
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )
The Division of Labor Standards Enforcement’s headquarters must be in San Francisco.
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 80. The headquarters of the Division of Labor Standards Enforcement, hereafter in this chapter referred to as the division, shall be located in San Francisco. (Added by Stats. 1976, Ch. 746.) - 800. Verify source ↗
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Lumber Industries [800 - 801] ( Chapter 4 enacted by Stats. 1937, Ch. 90. )
Lumber-industry employers in California must give employees at least a half-hour midday meal period during the third to fifth hour of each shift.
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Lumber Industries [800 - 801] ( Chapter 4 enacted by Stats. 1937, Ch. 90. ) ## 800. Every person operating a sawmill, shakemill, shinglemill, logging camp, planing mill, veneer mill, plywood plant or any other type of plant or mill which processes or manufactures any lumber, lumber products or allied wood products, in this State shall allow his employees a period of not less than one-half hour for the midday meal, between the third and fifth hours of each day’s shift after the start thereof. (Amended by Stats. 1959, Ch. 717.) - 8000. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 3. Licensing and Penalties [7990 - 8004] ( Chapter 3 added by Stats. 1972, Ch. 1430. )
Board requirements override local rules that would require gas testers or safety representatives to be certified or licensed.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 3. Licensing and Penalties [7990 - 8004] ( Chapter 3 added by Stats. 1972, Ch. 1430. ) ## 8000. Requirements established by the board shall preempt local government rules, regulations, and laws requiring certification or licensing as gas testers or safety representatives. However, local governments may contract with the division for testing applicants and issuing certifications. (Added by Stats. 1972, Ch. 1430.) - 8001. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 3. Licensing and Penalties [7990 - 8004] ( Chapter 3 added by Stats. 1972, Ch. 1430. )
The division must charge a fee that covers its direct and indirect costs for examining and certifying gas testers and safety representatives for tunnels and mines.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 3. Licensing and Penalties [7990 - 8004] ( Chapter 3 added by Stats. 1972, Ch. 1430. ) ## 8001. The division shall charge a fee sufficient to cover the direct and indirect costs of the division to administer the examination and certification of gas testers and safety representatives for tunnels and mines. Renewals shall be made every five years. (Amended by Stats. 2016, Ch. 31, Sec. 227. (SB 836) Effective June 27, 2016.) - 8002. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 3. Licensing and Penalties [7990 - 8004] ( Chapter 3 added by Stats. 1972, Ch. 1430. )
Application fees are nonrefundable and must be deposited into the Occupational Safety and Health Fund.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 3. Licensing and Penalties [7990 - 8004] ( Chapter 3 added by Stats. 1972, Ch. 1430. ) ## 8002. All fees from applications shall be nonrefundable. Those fees shall be deposited into the Occupational Safety and Health Fund. (Amended by Stats. 2016, Ch. 31, Sec. 228. (SB 836) Effective June 27, 2016.) - 8003. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 3. Licensing and Penalties [7990 - 8004] ( Chapter 3 added by Stats. 1972, Ch. 1430. )
Violations of certification-related regulations or orders can lead to suspension or revocation of certification, and if the violation causes death or injury to employees, it is punishable as a misdemeanor.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 3. Licensing and Penalties [7990 - 8004] ( Chapter 3 added by Stats. 1972, Ch. 1430. ) ## 8003. Violation of regulations, rules, orders, or special orders adopted by the board or division as a condition of certification shall be punishable by suspension or revocation of certification, unless such violation is responsible for death or injury to employees, in which case it shall be punishable as a misdemeanor. (Added by Stats. 1972, Ch. 1430.) - 8004. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 3. Licensing and Penalties [7990 - 8004] ( Chapter 3 added by Stats. 1972, Ch. 1430. )
This part does not apply to normal operation, maintenance, or repair of completed tunnels owned or operated by a utility; it does apply to initial construction or substantial modification.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 9. TUNNEL AND MINE SAFETY [7950 - 8004] ( Part 9 added by Stats. 1972, Ch. 1430. ) ## CHAPTER 3. Licensing and Penalties [7990 - 8004] ( Chapter 3 added by Stats. 1972, Ch. 1430. ) ## 8004. The provisions of this part shall not apply to the normal operation, maintenance, or repair of any completed tunnels owned or operated by a utility as defined in Section 229 of the Public Utilities Code. However, it shall apply to the initial construction or substantial modification of such a tunnel. (Added by Stats. 1972, Ch. 1430.) - 801. Verify source ↗
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Lumber Industries [800 - 801] ( Chapter 4 enacted by Stats. 1937, Ch. 90. )
Anyone, or an agent or officer of that person, who violates this chapter commits a misdemeanor and can be fined between $100 and $400.
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Lumber Industries [800 - 801] ( Chapter 4 enacted by Stats. 1937, Ch. 90. ) ## 801. Any person, or agent or officer thereof who violates any provision of this chapter is guilty of a misdemeanor, punishable by a fine of not less than one hundred dollars ($100) nor more than four hundred dollars ($400). (Amended by Stats. 1983, Ch. 1092, Sec. 195. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.) - 81. Verify source ↗
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )
Employees of the division must work full time on division work, and the division must maintain offices in the listed cities and other places the Labor Commissioner considers necessary.
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 81. The employees of the division shall devote their full time to the work of the division and shall receive their actual necessary traveling expenses. The division shall maintain offices in San Francisco, Los Angeles, Sacramento, San Diego, Oakland, Fresno, San Jose, and in such other places as the Labor Commissioner may deem necessary. (Added by Stats. 1976, Ch. 746.) - 82. Verify source ↗
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )
The Division of Labor Standards Enforcement takes over the powers and responsibilities of the abolished Division of Labor Law Enforcement.
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 82. (a) The Division of Labor Standards Enforcement succeeds to, and is vested with, all of the powers, duties, purposes, responsibilities, and jurisdiction of the Division of Labor Law Enforcement, which is hereby abolished. (b) All powers, duties, purposes, and responsibilities of the Labor Commissioner, who is Chief of the Division of Labor Law Enforcement, are hereby transferred to the Labor Commissioner who is the Chief of the Division of Labor Standards Enforcement. (c) Any regulation or other action made, prescribed, issued, granted, or performed by the abolished Division of Labor Law Enforcement in the administration, performance, or implementation of a function transferred pursuant to subdivision (a) of this section shall remain in effect and shall be deemed to be a regulation or action of the Division of Labor Standards Enforcement unless and until repealed, modified, or rescinded by such division. (d) Whenever any reference is made in any law to the abolished Division of Labor Law Enforcement, it shall be deemed to be a reference to, and to mean, the Division of Labor Standards Enforcement. (Added by Stats. 1976, Ch. 746.) - 83. Verify source ↗
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )
The Division of Labor Standards Enforcement takes over the powers and duties of the abolished Division of Industrial Welfare.
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 83. (a) The Division of Labor Standards Enforcement succeeds to, and is vested with, all of the powers, duties, purposes, responsibilities, and jurisdiction of the Division of Industrial Welfare, which is hereby abolished. (b) All powers, duties, purposes, and responsibilities of the Chief, Division of Industrial Welfare are hereby transferred to the Chief of the Division of Labor Standards Enforcement. (c) Any regulation or other action made, prescribed, issued, granted, or performed by the abolished Division of Industrial Welfare in the administration, performance, or implementation of a function transferred pursuant to subdivision (a) of this section shall remain in effect and shall be deemed to be a regulation or action of the Division of Labor Standards Enforcement unless and until repealed, modified, or rescinded by such division. (d) Whenever any reference is made in any law to the abolished Division of Industrial Welfare it shall be deemed to be a reference to, and to mean, the Division of Labor Standards Enforcement. (Added by Stats. 1976, Ch. 746.) - 850. Verify source ↗
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Pharmacies [850 - 856] ( Chapter 5 enacted by Stats, 1937, Ch. 90. )
Employees who sell retail drugs or compound prescriptions cannot work more than the stated hourly and day limits, unless they are registered pharmacists.
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Pharmacies [850 - 856] ( Chapter 5 enacted by Stats, 1937, Ch. 90. ) ## 850. No person employed to sell at retail drugs and medicines or to compound physicians’ prescriptions shall perform any work in any store, dispensary, pharmacy, laboratory, or office for more than an average of nine hours per day, or for more than 108 hours in any two consecutive weeks or for more than 12 days in any two consecutive weeks, except that any registered pharmacist may be so employed and may perform such work for the full period of time permitted by this section. (Amended by Stats. 1955, Ch. 435.) - 851. Verify source ↗
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Pharmacies [850 - 856] ( Chapter 5 enacted by Stats, 1937, Ch. 90. )
Employers covered by this section may not require or allow an employee to work more than the stated hours or days limits, unless the employee is a registered pharmacist.
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Pharmacies [850 - 856] ( Chapter 5 enacted by Stats, 1937, Ch. 90. ) ## 851. No person employing another person to sell at retail drugs and medicines or to compound physicians’ prescriptions shall require or permit such employee to perform any work in any store, dispensary, pharmacy, laboratory, or office for more than an average of nine hours per day, or for more than 108 hours in any two consecutive weeks or for more than 12 days in any two consecutive weeks, except that any registered pharmacist may be so employed and may perform such work for the full period of time permitted by this section. (Amended by Stats. 1955, Ch. 436.) - 851.5. Verify source ↗
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Pharmacies [850 - 856] ( Chapter 5 enacted by Stats, 1937, Ch. 90. )
Work hours under this chapter must be consecutive, except on Sundays and holidays and for meal periods of up to one hour.
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Pharmacies [850 - 856] ( Chapter 5 enacted by Stats, 1937, Ch. 90. ) ## 851.5. Except on Sundays and holidays, and except for a period of time for meals, not to exceed one hour in length, the hours of work permitted per day by this chapter shall be consecutive. This section does not apply to hospitals employing only one person to compound physicians’ prescriptions. (Added by Stats. 1939, Ch. 567.) - 852. Verify source ↗
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Pharmacies [850 - 856] ( Chapter 5 enacted by Stats, 1937, Ch. 90. )
The employer must schedule rest periods so each employee gets one complete day of rest every week.
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Pharmacies [850 - 856] ( Chapter 5 enacted by Stats, 1937, Ch. 90. ) ## 852. The employer shall apportion the periods of rest to be taken by an employee so that the employee will have one complete day of rest during each week. (Amended by Stats. 1939, Ch. 567.) - 853. Verify source ↗
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Pharmacies [850 - 856] ( Chapter 5 enacted by Stats, 1937, Ch. 90. )
Violating any provision of this chapter is a misdemeanor.
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Pharmacies [850 - 856] ( Chapter 5 enacted by Stats, 1937, Ch. 90. ) ## 853. Any person who violates any provision of this chapter is guilty of a misdemeanor punishable by a fine of not less than forty dollars ($40) nor more than one hundred dollars ($100) or by imprisonment for not exceeding 60 days, or both. (Amended by Stats. 1983, Ch. 1092, Sec. 196. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.) - 854. Verify source ↗
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Pharmacies [850 - 856] ( Chapter 5 enacted by Stats, 1937, Ch. 90. )
This chapter does not apply in emergencies.
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Pharmacies [850 - 856] ( Chapter 5 enacted by Stats, 1937, Ch. 90. ) ## 854. The provisions of this chapter shall not apply in any case of emergency. The word “emergency” shall be construed as being accident, death, sickness or epidemic. (Enacted by Stats. 1937, Ch. 90.) - 855. Verify source ↗
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Pharmacies [850 - 856] ( Chapter 5 enacted by Stats, 1937, Ch. 90. )
This chapter is enacted as a measure to protect public health.
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Pharmacies [850 - 856] ( Chapter 5 enacted by Stats, 1937, Ch. 90. ) ## 855. The provisions of this chapter are enacted as a measure for the protection of the public health. (Enacted by Stats. 1937, Ch. 90.) - 856. Verify source ↗
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Pharmacies [850 - 856] ( Chapter 5 enacted by Stats, 1937, Ch. 90. )
The Labor Commissioner must enforce this chapter.
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Pharmacies [850 - 856] ( Chapter 5 enacted by Stats, 1937, Ch. 90. ) ## 856. The Labor Commissioner shall enforce this chapter. (Enacted by Stats. 1937, Ch. 90.) - 857. Verify source ↗
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 6. Agriculture [857 - 864] ( Chapter 6 added by Stats. 2016, Ch. 313, Sec. 2. )
This chapter is named the Phase-In Overtime for Agricultural Workers Act of 2016 and may be cited by that name.
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 6. Agriculture [857 - 864] ( Chapter 6 added by Stats. 2016, Ch. 313, Sec. 2. ) ## 857. This chapter shall be known and may be cited as the Phase-In Overtime for Agricultural Workers Act of 2016. (Added by Stats. 2016, Ch. 313, Sec. 2. (AB 1066) Effective January 1, 2017.) - 858. Verify source ↗
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 6. Agriculture [857 - 864] ( Chapter 6 added by Stats. 2016, Ch. 313, Sec. 2. )
The Legislature states that the Phase-In Overtime for Agricultural Workers Act of 2016 is intended to give agricultural employees in California an opportunity to earn overtime compensation under the same standards as other Californians.
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 6. Agriculture [857 - 864] ( Chapter 6 added by Stats. 2016, Ch. 313, Sec. 2. ) ## 858. The Legislature finds and declares all of the following: (a) Agricultural employees engage in back-breaking work every day. (b) Few occupations in today’s America are as physically demanding and exhausting as agricultural work. (c) In 1938, the United States Congress enacted the federal Fair Labor Standards Act of 1938 (29 U.S.C. Sec. 201 et seq.), which excluded agricultural workers from wage protections and overtime compensation requirements. (d) It is the intent of the Legislature to enact the Phase-In Overtime for Agricultural Workers Act of 2016 to provide any person employed in an agricultural occupation in California, as defined in Order No. 14-2001 of the Industrial Welfare Commission (revised 07-2014) with an opportunity to earn overtime compensation under the same standards as millions of other Californians. (Added by Stats. 2016, Ch. 313, Sec. 2. (AB 1066) Effective January 1, 2017.) - 859. Verify source ↗
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 6. Agriculture [857 - 864] ( Chapter 6 added by Stats. 2016, Ch. 313, Sec. 2. )
This section defines “employed in an agricultural occupation” by referring to Industrial Welfare Commission Order No. 14-2001 (revised 07-2014).
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 6. Agriculture [857 - 864] ( Chapter 6 added by Stats. 2016, Ch. 313, Sec. 2. ) ## 859. For purposes of this chapter, “employed in an agricultural occupation” has the same meaning as in Order No.14-2001 of the Industrial Welfare Commission (revised 07-2014). (Added by Stats. 2016, Ch. 313, Sec. 2. (AB 1066) Effective January 1, 2017.) - 860. Verify source ↗
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 6. Agriculture [857 - 864] ( Chapter 6 added by Stats. 2016, Ch. 313, Sec. 2. )
This section limits daily and weekly work hours for people employed in agricultural occupations, with higher-hour limits phasing down over time unless overtime premium pay is provided.
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 6. Agriculture [857 - 864] ( Chapter 6 added by Stats. 2016, Ch. 313, Sec. 2. ) ## 860. Notwithstanding any other provision of law, including Chapter 1 (commencing with Section 500): (a) (1) Commencing January 1, 2019, except as provided in paragraph (2), any person employed in an agricultural occupation shall not be employed more than nine and one-half hours in any one workday or work in excess of 55 hours in any one workweek, unless the employee receives one and one-half times that employee’s regular rate of pay for all hours worked over nine and one-half hours in any workday or over 55 hours in any workweek. (2) This subdivision shall apply to an employer who employs 25 or fewer employees commencing January 1, 2022. (b) (1) Commencing January 1, 2020, except as provided in paragraph (2), any person employed in an agricultural occupation shall not be employed more than nine hours in any one workday or work in excess of 50 hours in any one workweek, unless the employee receives one and one-half times that employee’s regular rate of pay for all hours worked over nine hours in any workday or over 50 hours in any workweek. (2) This subdivision shall apply to an employer who employs 25 or fewer employees commencing January 1, 2023. (c) (1) Commencing January 1, 2021, except as provided in paragraph (2), any person employed in an agricultural occupation shall not be employed more than eight and one-half hours in any one workday or work in excess of 45 hours in any one workweek, unless the employee receives one and one-half times that employee’s regular rate of pay for all hours worked over eight and one-half hours in any workday or over 45 hours in any workweek. (2) This subdivision shall apply to an employer who employs 25 or fewer employees commencing January 1, 2024. (d) (1) Commencing January 1, 2022, except as provided in paragraph (2), any person employed in an agricultural occupation shall not be employed more than eight hours in any one workday or work in excess of 40 hours in any one workweek, unless the employee receives one and one-half times that employee’s regular rate of pay for all hours worked over eight hours in any workday or over 40 hours in any workweek. (2) This subdivision shall apply to an employer who employs 25 or fewer employees commencing January 1, 2025. (Added by Stats. 2016, Ch. 313, Sec. 2. (AB 1066) Effective January 1, 2017.) - 861. Verify source ↗
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 6. Agriculture [857 - 864] ( Chapter 6 added by Stats. 2016, Ch. 313, Sec. 2. )
Most overtime-compensation rules in Chapter 1 apply to workers in agricultural occupations, except as stated in Section 860 and subdivision (a) of Section 862, starting January 1, 2017.
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 6. Agriculture [857 - 864] ( Chapter 6 added by Stats. 2016, Ch. 313, Sec. 2. ) ## 861. Except as set forth in Section 860 and subdivision (a) of Section 862, all other provisions of Chapter 1 (commencing with Section 500) regarding compensation for overtime work shall apply to workers in an agricultural occupation commencing January 1, 2017. (Added by Stats. 2016, Ch. 313, Sec. 2. (AB 1066) Effective January 1, 2017.) - 862. Verify source ↗
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 6. Agriculture [857 - 864] ( Chapter 6 added by Stats. 2016, Ch. 313, Sec. 2. )
Agricultural workers must be paid at least double their regular rate for work over 12 hours in a day, starting January 1, 2022, subject to the stated exceptions.
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 6. Agriculture [857 - 864] ( Chapter 6 added by Stats. 2016, Ch. 313, Sec. 2. ) ## 862. (a) Beginning January 1, 2022, except as provided in subdivision (c), and consistent with Section 510, any work performed by a person, employed in an agricultural occupation, in excess of 12 hours in one day shall be compensated at the rate of no less than twice the employee’s regular rate of pay. (b) Consistent with Section 861, notwithstanding subdivision (a) or Section 863, the other provisions of Section 510 shall be applicable to workers in an agricultural occupation commencing January 1, 2019. (c) Subdivision (a) shall apply to an employer who employs 25 or fewer employees commencing January 1, 2025. (Added by Stats. 2016, Ch. 313, Sec. 2. (AB 1066) Effective January 1, 2017.) - 863. Verify source ↗
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 6. Agriculture [857 - 864] ( Chapter 6 added by Stats. 2016, Ch. 313, Sec. 2. )
The Governor may temporarily suspend the scheduled phase-in of certain overtime requirements, but only if the related minimum wage increases are also suspended.
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 6. Agriculture [857 - 864] ( Chapter 6 added by Stats. 2016, Ch. 313, Sec. 2. ) ## 863. (a) Notwithstanding Section 860 or 862, the Governor may temporarily suspend scheduled phase in of the overtime requirements set forth in Section 860, or subdivision (a) of Section 862 only if the Governor suspends scheduled minimum wage increases pursuant to clause (i) of subparagraph (A) of, and subparagraph (B) of, paragraph (3) of subdivision (d) of Section 1182.12. (b) If the Governor makes a final determination to temporarily suspend scheduled phase in of the overtime requirements set forth in Section 860 or subdivision (a) of Section 862 for the following year, all implementation dates applicable to Section 860 and subdivision (a) of Section 862 that are suspended subsequent to the September 1 final determination date, consistent with clause (i) of subparagraph (A) of, and subparagraph (B) of, paragraph (3) of subdivision (d) of Section 1182.12, shall be postponed by an additional year, but the full implementation of the overtime requirements set forth in Section 860 or subdivision (a) of Section 862 shall in no event be later than January 1, 2022. The Governor’s temporary suspension under this section shall be by proclamation. (c) The Governor’s authority to suspend the scheduled overtime requirements under this section shall end upon the phase in of the overtime requirements contained in subdivision (d) of Section 860, the phase in of the overtime requirements contained in subdivision (c) of Section 862, or January 1, 2025, whichever occurs first. (Added by Stats. 2016, Ch. 313, Sec. 2. (AB 1066) Effective January 1, 2017.) - 864. Verify source ↗
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 6. Agriculture [857 - 864] ( Chapter 6 added by Stats. 2016, Ch. 313, Sec. 2. )
The Department of Industrial Relations must update Wage Order No. 14-2001 so it matches this chapter.
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 6. Agriculture [857 - 864] ( Chapter 6 added by Stats. 2016, Ch. 313, Sec. 2. ) ## 864. The Department of Industrial Relations shall update Wage Order No. 14-2001 to be consistent with this chapter, except that any existing provision in Wage Order 14-2001 providing greater protections or benefits to agricultural employees shall continue in full force and effect, notwithstanding any provision of this chapter. (Added by Stats. 2016, Ch. 313, Sec. 2. (AB 1066) Effective January 1, 2017.) - 87. Verify source ↗
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )
Certain non-temporary state civil service employees tied to transferred functions must remain in civil service and are transferred to the Division of Labor Standards Enforcement, with their status, positions, and rights preserved.
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 87. All persons, other than temporary employees, serving in the state civil service and engaged in the performance of a function transferred pursuant to this chapter, or engaged in the administration of a law, the administration of which is transferred pursuant to this chapter, shall, in accordance with Section 19050.9 of the Government Code, remain in the state civil service and are hereby transferred to the Division of Labor Standards Enforcement. The status, positions, and rights of those persons shall not be affected by their transfer and shall continue to be retained by them pursuant to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 5 of the Government Code), except as to positions the duties of which are vested in a position that is exempt from civil service. (Amended by Stats. 2009, Ch. 140, Sec. 135. (AB 1164) Effective January 1, 2010.) - 88. Verify source ↗
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )
Personnel records of employees transferred under Section 87 must remain in the Department of Industrial Relations.
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 88. The personnel records of all employees transferred pursuant to Section 87 shall remain in the Department of Industrial Relations. (Added by Stats. 1976, Ch. 746.) - 880. Verify source ↗
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Emergency Ambulance Services [880 - 890] ( Chapter 7 added November 6, 2018, by initiative Proposition 11, Sec. 1. ) ## ARTICLE 1. Title [880- 880.] ( Article 1 added November 6, 2018, by initiative Proposition 11, Sec. 1. )
This section gives the act its short title: the Emergency Ambulance Employee Safety and Preparedness Act.
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Emergency Ambulance Services [880 - 890] ( Chapter 7 added November 6, 2018, by initiative Proposition 11, Sec. 1. ) ## ARTICLE 1. Title [880- 880.] ( Article 1 added November 6, 2018, by initiative Proposition 11, Sec. 1. ) ## 880. This act shall be known, and may be cited, as the Emergency Ambulance Employee Safety and Preparedness Act. (Added November 6, 2018, by initiative Proposition 11, Sec. 1. Effective December 19, 2018.) - 881. Verify source ↗
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Emergency Ambulance Services [880 - 890] ( Chapter 7 added November 6, 2018, by initiative Proposition 11, Sec. 1. ) ## ARTICLE 2. Findings and Declarations [881- 881.] ( Article 2 added November 6, 2018, by initiative Proposition 11, Sec. 1. )
This section states California’s findings and declares that emergency ambulance employees need training, mental health support, and adequate meal and rest time.
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Emergency Ambulance Services [880 - 890] ( Chapter 7 added November 6, 2018, by initiative Proposition 11, Sec. 1. ) ## ARTICLE 2. Findings and Declarations [881- 881.] ( Article 2 added November 6, 2018, by initiative Proposition 11, Sec. 1. ) ## 881. The people of the State of California find and declare the following: (a) California has the nation’s largest population, third largest landmass, and is prone to natural disasters such as earthquakes, wildfires, and floods. These circumstances demand a well-trained emergency ambulance workforce. (b) In California, private companies provide the primary emergency medical technician (EMT) and paramedic services for 74 percent of state residents. Unfortunately, catastrophes like natural disasters, active shooters, and mass casualty incidents occur far too frequently throughout the state and nation. Like all other first responders, emergency ambulance employees such as EMTs and paramedics must be adequately trained and available to respond to all types of crises and pleas for help. (c) Private companies that employ emergency ambulance employees such as EMTs and paramedics should be required to provide compensated yearly training to prepare them to handle active shooter and mass casualty incidents, in addition to natural disasters. (d) It takes a special type of person to be an emergency ambulance employee like an EMT or paramedic dedicated to serve, protect, and provide lifesaving services for their fellow neighbors around the clock. Emergency ambulance employees such as EMTs and paramedics often witness traumatic events. Employers should provide mental health services to emergency ambulance employees. (e) Emergency ambulance employees such as EMTs and paramedics work hard and can be called into action at any time during their work shift to provide lifesaving care. Therefore, it is important that they receive adequate meal and rest time to remain at their peak performance. (Added November 6, 2018, by initiative Proposition 11, Sec. 1. Effective December 19, 2018.) - 882. Verify source ↗
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Emergency Ambulance Services [880 - 890] ( Chapter 7 added November 6, 2018, by initiative Proposition 11, Sec. 1. ) ## ARTICLE 3. Statement of Purpose [882- 882.] ( Article 3 added November 6, 2018, by initiative Proposition 11, Sec. 1. )
This section states the purpose of the Emergency Ambulance Employee Safety and Preparedness Act: to improve public health and safety by ensuring emergency ambulance employees receive adequate training, meal and rest time, and mental health benefits, and remain available to respond to 911 emergency-type medical requests at all times.
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Emergency Ambulance Services [880 - 890] ( Chapter 7 added November 6, 2018, by initiative Proposition 11, Sec. 1. ) ## ARTICLE 3. Statement of Purpose [882- 882.] ( Article 3 added November 6, 2018, by initiative Proposition 11, Sec. 1. ) ## 882. The purpose of the Emergency Ambulance Employee Safety and Preparedness Act is to enhance public health and safety by ensuring that emergency ambulance employees such as EMTs and paramedics receive adequate training, meal and rest time, and mental health benefits and are available to respond to 911 emergency-type requests for medical assistance at all times. (Added November 6, 2018, by initiative Proposition 11, Sec. 1. Effective December 19, 2018.) - 883. Verify source ↗
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Emergency Ambulance Services [880 - 890] ( Chapter 7 added November 6, 2018, by initiative Proposition 11, Sec. 1. ) ## ARTICLE 4. Emergency Ambulance Employee Safety and Preparedness [883 - 889] ( Article 4 added November 6, 2018, by initiative Proposition 11, Sec. 1. )
Emergency ambulance employees must receive annual employer-paid training on specified emergency response and violence-prevention topics, and they must be paid their regular hourly rate while in that training.
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Emergency Ambulance Services [880 - 890] ( Chapter 7 added November 6, 2018, by initiative Proposition 11, Sec. 1. ) ## ARTICLE 4. Emergency Ambulance Employee Safety and Preparedness [883 - 889] ( Article 4 added November 6, 2018, by initiative Proposition 11, Sec. 1. ) ## 883. Training. (a) In addition to other minimum employment qualifications and certifications, every emergency ambulance employee shall annually receive employer-paid training in each of the following areas: (1) Responding to active shooter and mass casualty incidents. (2) Responding to natural disasters. (3) Preventing violence against emergency ambulance employees and patients. (b) The training required by subdivision (a) shall be provided free of charge to emergency ambulance employees. Emergency ambulance employees shall be compensated at their regular hourly rate of pay while participating in training required by subdivision (a). (c) The training required to be provided pursuant to this section shall be generally comparable in content, scope, and quality to courses offered by the Federal Emergency Management Agency’s Emergency Management Institute or National Training and Education Division, or both. (Added November 6, 2018, by initiative Proposition 11, Sec. 1. Effective December 19, 2018.) - 884. Verify source ↗
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Emergency Ambulance Services [880 - 890] ( Chapter 7 added November 6, 2018, by initiative Proposition 11, Sec. 1. ) ## ARTICLE 4. Emergency Ambulance Employee Safety and Preparedness [883 - 889] ( Article 4 added November 6, 2018, by initiative Proposition 11, Sec. 1. )
Emergency ambulance employees must be given employer-paid mental health and wellness education, access to EAP mental health services, and access to certain health insurance plans with long-term mental health treatment.
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Emergency Ambulance Services [880 - 890] ( Chapter 7 added November 6, 2018, by initiative Proposition 11, Sec. 1. ) ## ARTICLE 4. Emergency Ambulance Employee Safety and Preparedness [883 - 889] ( Article 4 added November 6, 2018, by initiative Proposition 11, Sec. 1. ) ## 884. Mental Health. (a) Every emergency ambulance employee shall receive employer-paid mental health and wellness education within 30 days of being hired and shall receive employer-paid mental health and wellness education each calendar year thereafter. Mental health and wellness education shall inform emergency ambulance employees of available mental health treatments and support services and provide general information regarding common mental health illnesses. (b) Every emergency ambulance employee shall be entitled to employer-paid mental health services through an employee assistance program (EAP). The EAP coverage shall provide up to 10 mental health treatments per issue, per calendar year. (c) Every emergency ambulance employee that qualifies for or is eligible to receive employer-provided health insurance shall have access to health insurance plans that offer long-term mental health treatment services. (d) For purposes of this section, “issue” means episodes of mental health conditions such as stress, depression, grief, loss, relationship struggles, substance abuse, parenting challenges, and other mental health conditions as described within the EAP. (Added November 6, 2018, by initiative Proposition 11, Sec. 1. Effective December 19, 2018.) - 885. Verify source ↗
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Emergency Ambulance Services [880 - 890] ( Chapter 7 added November 6, 2018, by initiative Proposition 11, Sec. 1. ) ## ARTICLE 4. Emergency Ambulance Employee Safety and Preparedness [883 - 889] ( Article 4 added November 6, 2018, by initiative Proposition 11, Sec. 1. )
Emergency ambulance employees are entitled to meal and rest periods, and those periods must be paid at the regular hourly rate.
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Emergency Ambulance Services [880 - 890] ( Chapter 7 added November 6, 2018, by initiative Proposition 11, Sec. 1. ) ## ARTICLE 4. Emergency Ambulance Employee Safety and Preparedness [883 - 889] ( Article 4 added November 6, 2018, by initiative Proposition 11, Sec. 1. ) ## 885. Meal and Rest Periods. (a) All emergency ambulance employees are hereby entitled to meal and rest periods as prescribed elsewhere by the Industrial Welfare Commission. (b) Emergency ambulance employees shall be compensated at their regular hourly rate of pay during meal and rest periods. (Added November 6, 2018, by initiative Proposition 11, Sec. 1. Effective December 19, 2018.) - 886. Verify source ↗
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Emergency Ambulance Services [880 - 890] ( Chapter 7 added November 6, 2018, by initiative Proposition 11, Sec. 1. ) ## ARTICLE 4. Emergency Ambulance Employee Safety and Preparedness [883 - 889] ( Article 4 added November 6, 2018, by initiative Proposition 11, Sec. 1. )
Emergency ambulance providers may not require meal periods in the first or last hour of a work shift, must space multiple meal periods at least two hours apart, and must staff shifts so employees can meet these rules.
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Emergency Ambulance Services [880 - 890] ( Chapter 7 added November 6, 2018, by initiative Proposition 11, Sec. 1. ) ## ARTICLE 4. Emergency Ambulance Employee Safety and Preparedness [883 - 889] ( Article 4 added November 6, 2018, by initiative Proposition 11, Sec. 1. ) ## 886. Staffing for Meal Periods. (a) (1) An emergency ambulance provider shall not require an emergency ambulance employee to take a meal period during the first or last hour of a work shift and must allow an emergency ambulance employee to space multiple meal periods during a work shift at least two hours apart. (2) An emergency ambulance provider shall manage staffing at levels sufficient to provide enough inactivity in a work shift for emergency ambulance employees to meet the requirements of this subdivision. (b) Any meal period that does not comply with paragraph (1) of subdivision (a) shall not be counted towards the meal periods an employee is entitled to during his or her work shift. (Added November 6, 2018, by initiative Proposition 11, Sec. 1. Effective December 19, 2018.) - 887. Verify source ↗
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Emergency Ambulance Services [880 - 890] ( Chapter 7 added November 6, 2018, by initiative Proposition 11, Sec. 1. ) ## ARTICLE 4. Emergency Ambulance Employee Safety and Preparedness [883 - 889] ( Article 4 added November 6, 2018, by initiative Proposition 11, Sec. 1. )
Emergency ambulance employees must stay reachable by a portable communications device for the whole work shift.
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Emergency Ambulance Services [880 - 890] ( Chapter 7 added November 6, 2018, by initiative Proposition 11, Sec. 1. ) ## ARTICLE 4. Emergency Ambulance Employee Safety and Preparedness [883 - 889] ( Article 4 added November 6, 2018, by initiative Proposition 11, Sec. 1. ) ## 887. Communication to Protect Public Health and Safety. Notwithstanding any provision of law to the contrary: (a) In order to maximize protection of public health and safety, emergency ambulance employees shall remain reachable by a portable communications device throughout the entirety of each work shift. (b) If an emergency ambulance employee is contacted during a meal or rest period, that particular meal or rest period shall not be counted towards the meal and rest periods the employee is entitled to during his or her work shift. (c) If an emergency ambulance employee is not contacted during a meal or rest period, that particular meal or rest period shall be counted towards the meal and rest periods the employee is entitled to during his or her work shift. (Added November 6, 2018, by initiative Proposition 11, Sec. 1. Effective December 19, 2018.) - 888. Verify source ↗
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Emergency Ambulance Services [880 - 890] ( Chapter 7 added November 6, 2018, by initiative Proposition 11, Sec. 1. ) ## ARTICLE 4. Emergency Ambulance Employee Safety and Preparedness [883 - 889] ( Article 4 added November 6, 2018, by initiative Proposition 11, Sec. 1. )
This section defines key terms used in the chapter on emergency ambulance employee safety and preparedness.
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Emergency Ambulance Services [880 - 890] ( Chapter 7 added November 6, 2018, by initiative Proposition 11, Sec. 1. ) ## ARTICLE 4. Emergency Ambulance Employee Safety and Preparedness [883 - 889] ( Article 4 added November 6, 2018, by initiative Proposition 11, Sec. 1. ) ## 888. Definitions. As used in this chapter, all of the following definitions apply: (a) “Emergency ambulance employee” means a person who meets both of the following requirements: (1) Is an emergency medical technician (EMT), dispatcher, paramedic, or other licensed or certified ambulance transport personnel who contributes to the delivery of ambulance services. (2) Is employed by an emergency ambulance provider. (b) “Emergency ambulance provider” means an employer that provides ambulance services, but not including the state, or any political subdivision thereof, in its capacity as the direct employer of a person meeting the description contained in paragraph (1) of subdivision (a). (c) “Contacted” means receiving a message or directive over a portable communications device that requires a response. A bare requirement to carry a portable communications device and remain reachable does not constitute being “contacted.” (d) “Portable communications device” means a pager, radio, station alert box, intercom, cellular telephone, or other communications method. (e) “Work shift” means designated hours of work by an emergency ambulance employee, with a designated beginning time and quitting time, including any periods for meals or rest. (Added November 6, 2018, by initiative Proposition 11, Sec. 1. Effective December 19, 2018.) - 889. Verify source ↗
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Emergency Ambulance Services [880 - 890] ( Chapter 7 added November 6, 2018, by initiative Proposition 11, Sec. 1. ) ## ARTICLE 4. Emergency Ambulance Employee Safety and Preparedness [883 - 889] ( Article 4 added November 6, 2018, by initiative Proposition 11, Sec. 1. )
This section says Sections 887 and 888 are declaratory only, do not change existing California law, and apply to certain pending or later actions involving alleged violations of Section 11090 and related replacement laws or orders.
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Emergency Ambulance Services [880 - 890] ( Chapter 7 added November 6, 2018, by initiative Proposition 11, Sec. 1. ) ## ARTICLE 4. Emergency Ambulance Employee Safety and Preparedness [883 - 889] ( Article 4 added November 6, 2018, by initiative Proposition 11, Sec. 1. ) ## 889. Notwithstanding any other provision of law to the contrary, Sections 887 and 888 are declaratory of, and do not alter or amend, existing California law and shall apply to any and all actions pending on, or commenced after, October 25, 2017, alleging a violation of Section 11090 of Title 8 of the California Code of Regulations (Industrial Welfare Commission (IWC) Order No. 9-2001) or any amended, successor, or replacement law, regulation, or IWC order. (Added November 6, 2018, by initiative Proposition 11, Sec. 1. Effective December 19, 2018.) - 89. Verify source ↗
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )
The Division of Labor Standards Enforcement must have possession and control of specified records, property, and funds related to transferred functions.
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 89. The Division of Labor Standards Enforcement shall have possession and control of all records, books, papers, offices, equipment, supplies, moneys, funds, appropriations, land, and other property, real or personal, held for the benefit or use of the Division of Labor Law Enforcement and the Division of Industrial Welfare with respect to the functions transferred pursuant to this chapter. (Repealed and added by Stats. 1976, Ch. 746.) - 89.5. Verify source ↗
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )
The Division of Labor Standards Enforcement may spend certain appropriated or special-fund money for authorized purposes, and those expenditures must comply with law.
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 89.5. The Division of Labor Standards Enforcement may expend the money in any appropriation or in any special fund in the State Treasury made available by law for the administration of the statutes the administration of which is committed to it pursuant to this chapter, or for the use, support, or maintenance of any board, bureau, commission, department, office, or officer whose duties, powers, and functions have been transferred to, and conferred upon, the Division of Labor Standards Enforcement pursuant to this chapter. Such expenditures by the Division of Labor Standards Enforcement shall be made in accordance with law in carrying out the purposes for which the appropriations were made or the special funds created. (Added by Stats. 1976, Ch. 746.) - 890. Verify source ↗
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Emergency Ambulance Services [880 - 890] ( Chapter 7 added November 6, 2018, by initiative Proposition 11, Sec. 1. ) ## ARTICLE 5. Amendment [890- 890.] ( Article 5 added November 6, 2018, by initiative Proposition 11, Sec. 1. )
The Legislature may amend this chapter only by a statute passed in each house by rollcall vote with four-fifths concurrence, and the bill must be consistent with and further the chapter’s purposes.
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 2. WORKING HOURS [500 - 890] ( Part 2 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Emergency Ambulance Services [880 - 890] ( Chapter 7 added November 6, 2018, by initiative Proposition 11, Sec. 1. ) ## ARTICLE 5. Amendment [890- 890.] ( Article 5 added November 6, 2018, by initiative Proposition 11, Sec. 1. ) ## 890. The Legislature may amend this chapter by a statute passed in each house of the Legislature by rollcall vote entered in the journal, four-fifths of the membership concurring, provided that the statute is consistent with, and furthers the purposes of, this chapter. No bill seeking to amend this chapter may be passed or become a statute unless the bill has been printed and distributed to the Members of the Legislature, and published on the Internet, in its final form, for at least 12 business days prior to its passage in either house of the Legislature. (Added November 6, 2018, by initiative Proposition 11, Sec. 1. Effective December 19, 2018.) - 9. Verify source ↗
## Labor Code - LAB ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 90. )
References to this code or any other state law include later amendments and additions.
## Labor Code - LAB ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 90. ) ## 9. Whenever any reference is made to any portion of this code or of any other law of this State, such reference shall apply to all amendments and additions thereto now or hereafter made. (Enacted by Stats. 1937, Ch. 90.) - 90. Verify source ↗
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )
The Labor Commissioner, deputies, and agents may enter all places of labor, and people who block entry or refuse requested information can be guilty of a misdemeanor and fined up to $1,000.
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 90. The Labor Commissioner, his deputies and agents, shall have free access to all places of labor. Any person, or agent or officer thereof, who refuses admission to the Labor Commissioner or his deputy or agent or who, upon request, willfully neglects or refuses to furnish them any statistics or information, pertaining to their lawful duties, which are in his possession or under his control, is guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000). (Amended by Stats. 1983, Ch. 1092, Sec. 188. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.) - 90.2. Verify source ↗
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )
Employers must give timely notices to employees about immigration agency inspections of I-9 or other employment records, and the Labor Commissioner must create a template posting.
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 90.2. (a) (1) Except as otherwise required by federal law, an employer shall provide a notice to each current employee, by posting in the language the employer normally uses to communicate employment-related information to the employee, of any inspections of I-9 Employment Eligibility Verification forms or other employment records conducted by an immigration agency within 72 hours of receiving notice of the inspection. Written notice shall also be given within 72 hours to the employee’s authorized representative, if any. The posted notice shall contain the following information: (A) The name of the immigration agency conducting the inspections of I-9 Employment Eligibility Verification forms or other employment records. (B) The date that the employer received notice of the inspection. (C) The nature of the inspection to the extent known. (D) A copy of the Notice of Inspection of I-9 Employment Eligibility Verification forms for the inspection to be conducted. (2) On or before July 1, 2018, the Labor Commissioner shall develop a template posting that employers may use to comply with the requirements of subdivision (a) to inform employees of a notice of inspection to be conducted of I-9 Employment Eligibility Verification forms or other employment records conducted by an immigration agency. The posting shall be available on the Labor Commissioner’s Internet Web site so that it is accessible to any employer. (3) An employer, upon reasonable request, shall provide an affected employee a copy of the Notice of Inspection of I-9 Employment Eligibility Verification forms. (b) (1) Except as otherwise required by federal law, an employer shall provide to each current affected employee, and to the employee’s authorized representative, if any, a copy of the written immigration agency notice that provides the results of the inspection of I-9 Employment Eligibility Verification forms or other employment records within 72 hours of its receipt of the notice. Within 72 hours of its receipt of this notice, the employer shall also provide to each affected employee, and to the affected employee’s authorized representative, if any, written notice of the obligations of the employer and the affected employee arising from the results of the inspection of I-9 Employment Eligibility Verification forms or other employment records. The notice shall relate to the affected employee only and shall be delivered by hand at the workplace if possible and, if hand delivery is not possible, by mail and email, if the email address of the employee is known, and to the employee’s authorized representative. The notice shall contain the following information: (A) A description of any and all deficiencies or other items identified in the written immigration inspection results notice related to the affected employee. (B) The time period for correcting any potential deficiencies identified by the immigration agency. (C) The time and date of any meeting with the employer to correct any identified deficiencies. (D) Notice that the employee has the right to representation during any meeting scheduled with the employer. (2) For purposes of this subdivision, an “affected employee” is an employee identified by the immigration agency inspection results to be an employee who may lack work authorization, or an employee whose work authorization documents have been identified by the immigration agency inspection to have deficiencies. (c) An employer who fails to provide the notices required by this section shall be subject to a civil penalty of two thousand dollars ($2,000) up to five thousand dollars ($5,000) for a first violation and five thousand dollars ($5,000) up to ten thousand dollars ($10,000) for each subsequent violation. This section does not require a penalty to be imposed upon an employer or person who fails to provide notice to an employee at the express and specific direction or request of the federal government. The penalty shall be recoverable by the Labor Commissioner. (d) For purposes of this section, an “employee’s authorized representative” means an exclusive collective bargaining representative. (e) This section applies to public and private employers. (f) In accordance with state and federal law, nothing in this chapter shall be interpreted, construed, or applied to restrict or limit an employer’s compliance with a memorandum of understanding governing the use of the federal E-Verify system. (Added by Stats. 2017, Ch. 492, Sec. 4. (AB 450) Effective January 1, 2018.) - 90.3. Verify source ↗
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )
This section requires the Labor Commissioner to run a program to find unlawfully uninsured employers and report on it each year.
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 90.3. (a) It is the policy of this state to vigorously enforce the laws requiring employers to secure the payment of compensation as required by Section 3700 and to protect employers who comply with the law from those who attempt to gain a competitive advantage at the expense of their workers by failing to secure the payment of compensation. (b) In order to ensure that the laws requiring employers to secure the payment of compensation are adequately enforced, the Labor Commissioner shall establish and maintain a program that systematically identifies unlawfully uninsured employers. The Labor Commissioner, in consultation with the Administrative Director of the Division of Workers’ Compensation and the director, may prioritize targets for the program in consideration of available resources. The employers shall be identified from data from the Uninsured Employers’ Fund, the Employment Development Department, the rating organizations licensed by the Insurance Commissioner pursuant to Article 3 (commencing with Section 11750) of Chapter 3 of Part 3 of Division 2 of the Insurance Code, and any other sources deemed likely to lead to the identification of unlawfully uninsured employers. All state departments and agencies and any rating organization licensed by the Insurance Commissioner pursuant to Article 3 (commencing with Section 11750) of Chapter 3 of Part 3 of Division 2 of the Insurance Code shall cooperate with the Labor Commissioner and on reasonable request provide information and data in their possession reasonably necessary to carry out the program. (c) As part of the program, the Labor Commissioner shall establish procedures for ensuring that employers with payroll but with no record of workers’ compensation coverage are contacted and, if no valid reason for the lack of record of coverage is shown, inspected on a priority basis. (d) The Labor Commissioner shall annually, not later than March 1, prepare a report concerning the effectiveness of the program, publish it on the Labor Commissioner’s Web site, as well as notify the Legislature, the Governor, the Insurance Commissioner, and the Administrative Director of the Division of Workers’ Compensation of the report’s availability. The report shall include, but not be limited to, all of the following: (1) The number of employers identified from records of the Employment Development Department who were screened for matching records of insurance coverage or self-insurance. (2) The number of employers identified from records of the Employment Development Department that were matched to records of insurance coverage or self-insurance. (3) The number of employers identified from records of the Employment Development Department that were notified that there was no record of their insurance coverage. (4) The number of employers responding to the notices, and the nature of the responses, including the number of employers who failed to provide satisfactory proof of workers’ compensation coverage and including information about the reasons that employers who provided satisfactory proof of coverage were not appropriately recognized in the comparison performed under subdivision (b). The report may include recommendations to improve the accuracy and efficiency of the program in screening for unlawfully uninsured employers. (5) The number of employers identified as unlawfully uninsured from records of the Uninsured Employers’ Benefits Trust Fund or from records of the Division of Workers’ Compensation, and the number of those employers that are also identifiable from the records of the Employment Development Department. These statistics shall be reported in a manner to permit analysis and estimation of the percentage of unlawfully uninsured employers that do not report wages to the Employment Development Department. (6) The number of employers inspected. (7) The number and amount of penalties assessed pursuant to Section 3722 as a result of the program. (8) The number and amount of penalties collected pursuant to Section 3722 as a result of the program. (e) The allocation of funds from the Workers’ Compensation Administration Revolving Fund pursuant to subdivision (a) of Section 62.5 shall not increase the total amount of surcharges pursuant to subdivision (e) of Section 62.5. Startup costs for this program shall be allocated from the fiscal year 2007–08 surcharges collected. The total amount allocated for this program under subdivision (a) of Section 62.5 in subsequent years shall not exceed the amount of penalties collected pursuant to Section 3722 as a result of the program. (Amended by Stats. 2007, Ch. 662, Sec. 2. Effective January 1, 2008.) - 90.5. Verify source ↗
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )
The Labor Commissioner must create and run a field enforcement unit, set its enforcement plan, and report yearly to the Legislature by March 1.
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 90.5. (a) It is the policy of this state to vigorously enforce minimum labor standards in order to ensure employees are not required or permitted to work under substandard unlawful conditions or for employers that have not secured the payment of compensation, and to protect employers who comply with the law from those who attempt to gain a competitive advantage at the expense of their workers by failing to comply with minimum labor standards. (b) In order to ensure that minimum labor standards are adequately enforced, the Labor Commissioner shall establish and maintain a field enforcement unit, which shall be administratively and physically separate from offices of the division that accept and determine individual employee complaints. The unit shall have offices in Los Angeles, San Francisco, San Jose, San Diego, Sacramento, and any other locations that the Labor Commissioner deems appropriate. The unit shall have primary responsibility for administering and enforcing those statutes and regulations most effectively enforced through field investigations, including Sections 226, 1021, 1021.5, 1193.5, 1193.6, 1194.5, 1197, 1198, 1771, 1776, 1777.5, 2651, 2673, 2675, and 3700, in accordance with the plan adopted by the Labor Commissioner pursuant to subdivision (c). Nothing in this section shall be construed to limit the authority of this unit in enforcing any statute or regulation in the course of its investigations. (c) The Labor Commissioner shall adopt an enforcement plan for the field enforcement unit. The plan shall identify priorities for investigations to be undertaken by the unit that ensure the available resources will be concentrated in industries, occupations, and areas in which employees are relatively low paid and unskilled, and those in which there has been a history of violations of the statutes cited in subdivision (b), and those with high rates of noncompliance with Section 3700. (d) The Labor Commissioner shall annually report to the Legislature, not later than March 1, concerning the effectiveness of the field enforcement unit. The report shall include, but not be limited to, all of the following: (1) The enforcement plan adopted by the Labor Commissioner pursuant to subdivision (c), and the rationale for the priorities identified in the plan. (2) The number of establishments investigated by the unit, and the number of types of violations found. (3) The amount of wages found to be unlawfully withheld from workers, and the amount of unpaid wages recovered for workers. (4) The amount of penalties and unpaid wages transferred to the General Fund as a result of the efforts of the unit. (Amended by Stats. 2002, Ch. 6, Sec. 23. Effective January 1, 2003.) - 90.6. Verify source ↗
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )
If the field enforcement unit starts an investigation, the Labor Commissioner’s written notice starts the limitations period and tolls it for 12 months, and the notice must identify the subject employer or other liable person or entity, the covered time period, and cite this section.
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 90.6. (a) In the case of an investigation by the field enforcement unit, the date of a written notice by the Labor Commissioner to an employer, or other person or entity that may be liable under a provision of this code, that an investigation has commenced shall be deemed the date an action has commenced for purposes of any statute of limitations applicable to determining the period of time for which wages, penalties, damages, or other amounts may be assessed by the Labor Commissioner, which will then be tolled for a period of 12 months. After expiration of the 12-month period, the time under the applicable statute of limitations will resume running. The notice provided by the Labor Commissioner pursuant to this section shall identify the employer or other person or entity subject to investigation, the time period covered by the investigation, and a reference to this section that shall constitute notice of the potential claims under the identified investigation. (b) Subdivision (a) shall apply to the following: (1) Sections 558 and 1197.1. (2) Unpaid minimum and overtime wages under Sections 510, 1194, and 1197. (3) Any applicable wage order of the Industrial Welfare Commission. (4) Any applicable local minimum wage or overtime law. (5) Wages exceeding minimum wages subject to determination under Section 1195.5. (6) Penalty wages for late payment under Section 203. (7) Liquidated damages under Section 1194.2. (8) Itemized wage statements under Section 226. (9) Compensation for rest and recovery periods and nonproductive time for piece rate employees under Section 226.2. (10) Meal, rest, and recovery periods under Section 226.7. (11) Claims under Section 2810.3. (12) Expense reimbursements under Section 2802. (Added by Stats. 2017, Ch. 28, Sec. 8. (SB 96) Effective June 27, 2017.) - 90.7. Verify source ↗
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )
If the division finds certain employer violations or payroll-reporting failures, it must notify the Insurance Commissioner and ask for an audit.
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 90.7. When the division determines that an employer has violated Section 226.2, 1021, 1021.5, 1197, or 1771, or otherwise determines that an employer may have failed to report all the payroll of the employer’s employees as required by law, the division shall advise the Insurance Commissioner and request that an audit be ordered pursuant to Section 11736.5 of the Insurance Code. (Added by Stats. 1987, Ch. 1386, Sec. 2.) - 90.8. Verify source ↗
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )
The Labor Commissioner may place and later release a real-property lien to secure amounts due under final labor citations, findings, or decisions, and the county recorder must record and index the lien certificate.
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 90.8. (a) As an alternative to a judgment lien, the Labor Commissioner may create a lien on real property to secure the amount due to the Labor Commissioner under any citation, findings, or decision that has become final and may be entered as a judgment, including those that have become final under Sections 1197.1, 226.5, 1023, and 1289. The lien on real property may be created by the Labor Commissioner recording a certificate of lien, for amounts due from the cited parties named in the final citation, findings, or decision, with the county recorder of any county in which the parties’ real property may be located. The lien attaches to all interests in real property of those parties located in the county where the lien is created to which a judgment lien may attach pursuant to Section 697.340 of the Code of Civil Procedure, with the same priority as a judgment lien. (b) The certificate of lien shall include information as prescribed by Section 27288.1 of the Government Code. (c) The recorder shall accept and record the certificate of lien and shall index it as prescribed by law. (d) Upon payment of the amount due under the final citation, findings or decision, including any interest and costs that have lawfully accrued on the original amount, the Labor Commissioner shall issue a certificate of release, releasing the lien created under subdivision (a) of this section. The certificate of release may be recorded by any person at that person’s expense. (e) Unless the lien is satisfied or released, a lien under this section shall continue until 10 years from the date of its creation. The lien may be renewed for additional periods of 10 years by recording a renewal of certificate of lien or a copy of a renewed judgment at any time prior to its expiration. (f) The provisions of Section 697.410 of the Code of Civil Procedure shall apply to a lien created under this section as if the lien had been created by a recorded abstract of a money judgment or certified copy of a money judgment. (Added by Stats. 2021, Ch. 335, Sec. 1. (SB 572) Effective January 1, 2022.) - 9000. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9009] ( Chapter 1 added by Stats. 1985, Ch. 947, Sec. 2. )
This part may be cited as the Occupational Carcinogens Control Act of 1976.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9009] ( Chapter 1 added by Stats. 1985, Ch. 947, Sec. 2. ) ## 9000. This part shall be known and may be cited as the Occupational Carcinogens Control Act of 1976. (Added by Stats. 1985, Ch. 947, Sec. 2.) - 9001. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9009] ( Chapter 1 added by Stats. 1985, Ch. 947, Sec. 2. )
This section says the part’s purpose is to clarify and strengthen state law on the use of carcinogens in California.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9009] ( Chapter 1 added by Stats. 1985, Ch. 947, Sec. 2. ) ## 9001. The purpose of this part is to clarify and strengthen the provisions of state law applicable to the use of carcinogens in California. It is the intent of the Legislature to provide for effective implementation of the provisions of this part. (Added by Stats. 1985, Ch. 947, Sec. 2.) - 9002. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9009] ( Chapter 1 added by Stats. 1985, Ch. 947, Sec. 2. )
This section says the listed definitions control how this part is read, and Part 1 definitions also apply unless the context requires otherwise.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9009] ( Chapter 1 added by Stats. 1985, Ch. 947, Sec. 2. ) ## 9002. The following definitions shall govern the construction of this part. Additionally, except where the context otherwise requires, the definitions contained in Part 1 (commencing with Section 6300) shall also be applicable to this part. (Added by Stats. 1985, Ch. 947, Sec. 2.) - 9003. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9009] ( Chapter 1 added by Stats. 1985, Ch. 947, Sec. 2. )
This section defines “affected employee” for the carcinogen rules.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9009] ( Chapter 1 added by Stats. 1985, Ch. 947, Sec. 2. ) ## 9003. “Affected employee” means an employee who, as part of his or her employment, is involved in the use of a carcinogen, or an employee with respect to whom there is a substantial probability that he or she will become so involved as the result of his or her employer’s use of a carcinogen. (Added by Stats. 1985, Ch. 947, Sec. 2.) - 9004. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9009] ( Chapter 1 added by Stats. 1985, Ch. 947, Sec. 2. )
This section defines “carcinogen” to include listed cancer-causing substances and certain other substances covered by adopted standards.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9009] ( Chapter 1 added by Stats. 1985, Ch. 947, Sec. 2. ) ## 9004. “Carcinogen” means and includes the following recognized cancer-causing substances for which standards have been adopted pursuant to Chapter 3 (commencing with Section 9020): (a) Any of the following substances and any compound, mixture, or product containing these substances: (1) 2-acetylaminofluorene. (2) 4-aminodiphenyl. (3) Benzidine and its salts. (4) Bis(chloromethyl) ether. (5) 3,3´-dichlorobenzidine and its salts. (6) 4-dimethylaminoazobenzene. (7) Beta-naphthylamine. (8) 4-nitrodiphenyl. (9) N-nitrosodimethylamine. (10) Beta-propriolactone. (11) Methyl chloromethyl ether. (12) Alpha-naphthylamine. (13) 4,4´-methylene-(bis)2-chloroaniline. (14) Ethyleneimine. (b) Asbestos, including chrysotile, amosite, crocidolite, tremolite, anthophyllite, and actinolite. (c) Vinyl chloride. (d) Any other substance for which standards are adopted and in effect due to cancer-causing properties and any compound, mixture, or product containing such a substance, except as specifically exempted from the standards. (Added by Stats. 1985, Ch. 947, Sec. 2.) - 9005. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9009] ( Chapter 1 added by Stats. 1985, Ch. 947, Sec. 2. )
This section defines “Division” as 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 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9009] ( Chapter 1 added by Stats. 1985, Ch. 947, Sec. 2. ) ## 9005. “Division” means the Division of Occupational Safety and Health. (Added by Stats. 1985, Ch. 947, Sec. 2.) - 9006. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9009] ( Chapter 1 added by Stats. 1985, Ch. 947, Sec. 2. )
This section defines “employer” to include the state, state agencies, local governments, certain public bodies, any person with a natural person in service, and the legal representative of a deceased employer.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9009] ( Chapter 1 added by Stats. 1985, Ch. 947, Sec. 2. ) ## 9006. “Employer” means any of the following: (a) The state and every state agency. (b) Each county, city, district, and all public and quasi-public corporations and public agencies therein. (c) Every person, including any public service corporation, which has any natural person in service. (d) The legal representative of any deceased employer. (Added by Stats. 1985, Ch. 947, Sec. 2.) - 9007. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9009] ( Chapter 1 added by Stats. 1985, Ch. 947, Sec. 2. )
“Standards” means standards and orders adopted by the standards board under Division 1, Chapter 6.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9009] ( Chapter 1 added by Stats. 1985, Ch. 947, Sec. 2. ) ## 9007. “Standards” means standards and orders adopted by the standards board pursuant to Chapter 6 (commencing with Section 140) of Division 1. (Added by Stats. 1985, Ch. 947, Sec. 2.) - 9008. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9009] ( Chapter 1 added by Stats. 1985, Ch. 947, Sec. 2. )
This section defines “Standards board” as the Occupational Safety and Health Standards Board.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9009] ( Chapter 1 added by Stats. 1985, Ch. 947, Sec. 2. ) ## 9008. “Standards board” means the Occupational Safety and Health Standards Board. (Added by Stats. 1985, Ch. 947, Sec. 2.) - 9009. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9009] ( Chapter 1 added by Stats. 1985, Ch. 947, Sec. 2. )
This section defines “use” of a carcinogen broadly for employers and says the State Department of Health Services and the division have concurrent jurisdiction with federal agencies to protect affected employees of interstate carriers in California.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 1. General Provisions and Definitions [9000 - 9009] ( Chapter 1 added by Stats. 1985, Ch. 947, Sec. 2. ) ## 9009. “Use” means any use of a carcinogen by an employer, including, but not limited to, the following: (a) Manufacture of a carcinogen, industrial uses thereof, or formation of a carcinogen as a result of a chemical reaction. (b) Sale or other transfer of a carcinogen. (c) Storage or disposal of a carcinogen. (d) Utilization of a carcinogen for research. (e) Transport of a carcinogen. The State Department of Health Services and the division shall have concurrent jurisdiction with any federal agency to protect affected employees of interstate carriers, including rail carriers, while in this state, as provided in this part or as authorized by other provisions of state law. (Added by Stats. 1985, Ch. 947, Sec. 2. Note: See this section as modified on July 17, 1991, by Governor's Reorganization Plan No. 1 of 1991.) - 9015. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 2. Exemptions [9015- 9015.] ( Chapter 2 added by Stats. 1985, Ch. 947, Sec. 2. )
The standards board can exempt certain carcinogen uses from this part’s standards if they pose no substantial threat to employee health, and it must adopt implementing regulations unless an exception applies.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 2. Exemptions [9015- 9015.] ( Chapter 2 added by Stats. 1985, Ch. 947, Sec. 2. ) ## 9015. Except where in conflict with Section 142.3, or other applicable provisions of law, the standards board may exempt from the provisions of this part and its standards uses of carcinogens which it determines have been shown by a preponderance of the evidence to present no substantial threat to employee health and which may include, but need not be limited to, any of the following: (a) Use of carcinogens specified in subdivision (a) of Section 9004 in operations involving the destructive distillation of carbonaceous materials, such as occurs in coke ovens. (b) Use of asbestos, except where there is a material risk of substantial and repeated exposure of employees to this carcinogen. Except as provided in Section 18930 of the Health and Safety Code, the standards board shall adopt regulations for the implementation of the provisions of this section. (Added by Stats. 1985, Ch. 947, Sec. 2.) - 9020. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 3. Standards and Administration [9020 - 9022] ( Chapter 3 added by Stats. 1985, Ch. 947, Sec. 2. )
The standards board must adopt carcinogen standards that are at least as strict as the federal requirements, and update them within six months after any federal change.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 3. Standards and Administration [9020 - 9022] ( Chapter 3 added by Stats. 1985, Ch. 947, Sec. 2. ) ## 9020. (a) Pursuant to Chapter 6 (commencing with Section 140) of Division 1, the standards board shall adopt standards for carcinogens at least as restrictive as the federal requirements for use of carcinogens promulgated under Section 6 of the Occupational Safety and Health Act of 1970 (P.L. 91-596), as these federal requirements may be revised from time to time. Within six months after the effective date of any change in the federal requirements, the standards board shall amend its standards as necessary to comply with this subdivision. (b) It is the intent of the Legislature that the state shall exercise strong leadership in preventing employees, employers, and other persons from being exposed to carcinogens. In this connection, it is the further intent of the Legislature that the standards board adopt standards for substances as to which there exists a preponderance of evidence of carcinogenicity, but for which the federal government has not yet promulgated requirements specified in subdivision (a). The division shall determine the necessity for the standards and shall develop and present the proposed standards to the standards board pursuant to Section 147.1. (Added by Stats. 1985, Ch. 947, Sec. 2.) - 9021. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 3. Standards and Administration [9020 - 9022] ( Chapter 3 added by Stats. 1985, Ch. 947, Sec. 2. )
Carcinogen-use standards that were in effect on January 1, 1986 stay in force until the standards board amends or repeals them.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 3. Standards and Administration [9020 - 9022] ( Chapter 3 added by Stats. 1985, Ch. 947, Sec. 2. ) ## 9021. All standards relating to the use of carcinogens which are in effect on January 1, 1986, including standards set forth in Sections 5208, 5209, and 5210 of Title 8 of the California Administrative Code, shall remain in effect until amended or repealed by the standards board. (Added by Stats. 1985, Ch. 947, Sec. 2.) - 9021.5. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 3. Standards and Administration [9020 - 9022] ( Chapter 3 added by Stats. 1985, Ch. 947, Sec. 2. )
The division must propose asbestos-work regulations and certification rules, and employers remain subject to other safety laws.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 3. Standards and Administration [9020 - 9022] ( Chapter 3 added by Stats. 1985, Ch. 947, Sec. 2. ) ## 9021.5. (a) Not later than January 1, 1987, the Division of Occupational Safety and Health shall propose a regulation concerning asbestos-related work, as defined in Section 6501.8, to the Occupational Safety and Health Standards Board for review and adoption so as to protect most effectively the health and safety of employees. The regulation shall also include, but not be limited to, specific work practices and specific requirements for certification of all employees engaged in asbestos-related work. (b) (1) Not later than July 1, 1991, the Division of Occupational Safety and Health shall propose regulations for the certification of asbestos consultants and site surveillance technicians to the Occupational Safety and Health Standards Board for consideration and action. By January 1, 1992, the board shall adopt regulations regarding certification. The regulations shall address and encompass procedures to determine the requirements for the certification provided for by Article 11 (commencing with Section 7180) of Chapter 9 of Division 3 of the Business and Professions Code. The division shall prepare and administer an examination to determine qualifications for certification pursuant to subdivision (b) of Section 7184 and subdivision (c) of Section 7185 of the Business and Professions Code. The examination shall be administered on a periodic, regularly scheduled basis. (2) The division may, in lieu of preparing and administering its own certification examination, approve one or more public or private institutions which offer programs in asbestos abatement training to prepare and administer the examination described in subdivision (b) of Section 7184 and subdivision (c) of Section 7185 of the Business and Professions Code. However, the division shall not approve any institution, organization, individual, or other entity for administering a certification examination if that institution, organization, individual or other entity engages, for compensation, in any aspect of asbestos abatement work. For purposes of developing or approving a certification examination pursuant to this section, the division shall consult with an advisory committee of individuals who have academic and professional experience in asbestos abatement work, including a certified industrial hygienist, representatives of asbestos abatement workers, and asbestos abatement contractors. (c) This section does not exempt any employer from complying with the Hazardous Substances Information and Training Act (Chapter 2.5 (commencing with Section 6360) of Part 1 of Division 5 of this code) and regulations adopted thereunder, nor does it exempt any employer from complying with Section 5208 of Title 8 of the California Administrative Code. For products not requiring contractor certification pursuant to subdivision (a) of Section 7058.5 of the Business and Professions Code, training and certification of employees shall be done by the employer. (Amended by Stats. 1990, Ch. 1255, Sec. 2.) - 9021.6. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 3. Standards and Administration [9020 - 9022] ( Chapter 3 added by Stats. 1985, Ch. 947, Sec. 2. )
The division must charge certification fees to asbestos consultants and site surveillance technicians, deposit collected fees in the Occupational Safety and Health Fund, and transfer certain fund balances and related items to that fund.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 3. Standards and Administration [9020 - 9022] ( Chapter 3 added by Stats. 1985, Ch. 947, Sec. 2. ) ## 9021.6. (a) The division shall charge a fee to each asbestos consultant and site surveillance technician who applies for certification pursuant to subdivision (b) of Section 9021.5 and Article 11 (commencing with Section 7180) of Chapter 9 of Division 3 of the Business and Professions Code. The fee shall be sufficient to cover the direct and indirect costs to the division for administering the certification process, including preparation and administration of the examination. The fees collected shall be deposited in the Occupational Safety and Health Fund. Establishment of any fee pursuant to this section shall be accomplished through the regulatory process required by subdivision (b) of Section 9021.5. (b) On the effective date of the measure adding this subdivision, any moneys in the Asbestos Training and Consultant Certification Fund and any assets, liabilities, revenues, expenditures, and encumbrances of that fund shall be transferred to the Occupational Safety and Health Fund. (Amended by Stats. 2016, Ch. 31, Sec. 229. (SB 836) Effective June 27, 2016.) - 9021.8. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 3. Standards and Administration [9020 - 9022] ( Chapter 3 added by Stats. 1985, Ch. 947, Sec. 2. )
Asbestos consultant and site surveillance technician certifications must be renewed every year, and the division must require annual refresher courses.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 3. Standards and Administration [9020 - 9022] ( Chapter 3 added by Stats. 1985, Ch. 947, Sec. 2. ) ## 9021.8. All asbestos consultant and site surveillance technician certifications shall be renewed annually. The division shall require asbestos consultants and site surveillance technicians to complete the annual refresher courses as required under the Asbestos Hazard Emergency Response Act (Subchapter II (commencing with Section 2641) of Chapter 53 of Title 15 of the United States Code) or the equivalent, as determined by the division. (Added by Stats. 1990, Ch. 1255, Sec. 5.) - 9021.9. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 3. Standards and Administration [9020 - 9022] ( Chapter 3 added by Stats. 1985, Ch. 947, Sec. 2. )
The division must create an advisory committee, approve qualifying asbestos training entities, charge them a fee, and deposit the fees into the Occupational Safety and Health Fund.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 3. Standards and Administration [9020 - 9022] ( Chapter 3 added by Stats. 1985, Ch. 947, Sec. 2. ) ## 9021.9. (a) The division shall establish an advisory committee to develop and recommend by September 30, 1994, for action by the standards board in accordance with Section 142.3, specific requirements for hands-on, task-specific training programs for all craft employees who may be exposed to asbestos-containing construction materials and all employees and supervisors involved in operations pertaining to asbestos cement pipe, as specified in subdivision (c) of Section 6501.8. The training programs shall include, but not be limited to, the following information: (1) The physical characteristics and health hazards of asbestos. (2) The types of asbestos cement pipe or asbestos-containing construction materials an employee may encounter in his or her specific work assignments. (3) Safe practices and procedures for minimizing asbestos exposures from operations involving asbestos cement pipe or asbestos-containing construction materials. (4) A review of general industry and construction safety orders relating to asbestos exposure. (5) Hands-on instruction using pipe or other construction materials and the tools and equipment employees will use in the workplace. (b) The division shall approve training entities to conduct task-specific training programs that include the requirements prescribed by the standards board pursuant to this section for employees and supervisors involved in operations pertaining to asbestos cement pipe or asbestos-containing construction materials. (c) The division shall charge a fee to each asbestos training entity approved by the division pursuant to subdivision (b). The fee shall be sufficient to cover the division’s direct and indirect costs for administering the approval process provided for in subdivision (b). The fees collected shall be deposited in the Occupational Safety and Health Fund. Establishment of any fee pursuant to this section shall be accomplished through the regulatory process required by subdivision (b) of Section 9021.5. (Amended by Stats. 2016, Ch. 31, Sec. 231. (SB 836) Effective June 27, 2016.) - 9022. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 3. Standards and Administration [9020 - 9022] ( Chapter 3 added by Stats. 1985, Ch. 947, Sec. 2. )
The division is primarily responsible for enforcing carcinogen standards, and the State Department of Health Services must assist under the chapter and any written agreement under Section 144.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 3. Standards and Administration [9020 - 9022] ( Chapter 3 added by Stats. 1985, Ch. 947, Sec. 2. ) ## 9022. The division shall have primary responsibility for enforcement of standards relating to carcinogens. However, the State Department of Health Services shall assist the division in the enforcement of the standards, in the manner prescribed by this chapter, and as shall be further defined by a written agreement between the State Department of Health Services and the department, pursuant to Section 144. (Added by Stats. 1985, Ch. 947, Sec. 2.) - 9030. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 4. Reporting [9030 - 9032] ( Chapter 4 added by Stats. 1985, Ch. 947, Sec. 2. )
The standards board must adopt carcinogen reporting standards for employers, including special reporting for asbestos and vinyl chloride.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 4. Reporting [9030 - 9032] ( Chapter 4 added by Stats. 1985, Ch. 947, Sec. 2. ) ## 9030. The standards board shall adopt one or more standards requiring each employer which uses any carcinogen, including asbestos and vinyl chloride, to submit a written report regarding the use or any incident which results in the release of a potentially hazardous amount of a carcinogen into any area where employees may be exposed. The reporting requirements set forth in Sections 5209 and 5210 of Title 8 of the California Administrative Code on January 1, 1986, shall remain in effect until amended or repealed by the standards board, and any subsequent reporting requirements shall provide for reports which are at least as detailed as those required on that date. For asbestos and vinyl chloride, the standards board shall adopt a standard which requires each employer who uses vinyl chloride or asbestos to report in a manner similar to the reporting required pursuant to Section 5209 of Title 8 of the California Administrative Code. (Added by Stats. 1985, Ch. 947, Sec. 2.) - 9031. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 4. Reporting [9030 - 9032] ( Chapter 4 added by Stats. 1985, Ch. 947, Sec. 2. )
The division must send copies of certain carcinogen reports to employee representatives, and employers must post a copy where the carcinogen is used.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 4. Reporting [9030 - 9032] ( Chapter 4 added by Stats. 1985, Ch. 947, Sec. 2. ) ## 9031. The division shall transmit a copy of each report specified in Section 9030 to any bargaining representatives, and other representatives known to the division, of affected employees of the reporting employer. A copy of each report shall be posted by the employer in the location or locations where the carcinogen is used, which shall be conspicuous to affected employees, as shall be provided in the standards. (Added by Stats. 1985, Ch. 947, Sec. 2.) - 9032. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 4. Reporting [9030 - 9032] ( Chapter 4 added by Stats. 1985, Ch. 947, Sec. 2. )
The division must try to identify existing users of carcinogens and notify, inform, and educate them about this part’s requirements.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 4. Reporting [9030 - 9032] ( Chapter 4 added by Stats. 1985, Ch. 947, Sec. 2. ) ## 9032. The division shall make every effort to ascertain the identities of existing users of carcinogens and to notify, inform, and educate them about the requirements of this part. The division shall utilize all appropriate means of communication and education, including direct mailings to employers, the use of courses, workshops, and seminars, advertising in mass media, trade and employee publications, and professional and scientific journals, contact with trade associations, employee representatives, and professional and scientific societies, and cooperation with other governmental agencies to inform affected employees, employers, and the public of the requirements of this part. (Added by Stats. 1985, Ch. 947, Sec. 2.) - 9040. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 5. Medical Examinations [9040- 9040.] ( Chapter 5 added by Stats. 1985, Ch. 947, Sec. 2. )
Employers using carcinogens must provide medical examinations for affected employees when required by adopted standards.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 5. Medical Examinations [9040- 9040.] ( Chapter 5 added by Stats. 1985, Ch. 947, Sec. 2. ) ## 9040. Every employer using carcinogens shall provide for medical examinations of affected employees where required by standards adopted pursuant to subdivision (c) of Section 142.3. The standards board shall continue to require medical examinations in at least as effective a manner as provided in Sections 5208, 5209, and 5210 of Title 8 of the California Administrative Code on January 1, 1986. (Amended by Stats. 2020, Ch. 370, Sec. 226. (SB 1371) Effective January 1, 2021.) - 9050. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 6. Inspections [9050 - 9052] ( Chapter 6 added by Stats. 1985, Ch. 947, Sec. 2. )
The division must prioritize inspections of reported-use premises and carry out as many of those inspections as it can with available resources.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 6. Inspections [9050 - 9052] ( Chapter 6 added by Stats. 1985, Ch. 947, Sec. 2. ) ## 9050. The division shall establish priorities for the performance of inspections of premises for which uses have been reported pursuant to Section 9030 and shall perform as many of these inspections as possible within the limits of the resources available to it for that purpose. (Added by Stats. 1985, Ch. 947, Sec. 2.) - 9051. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 6. Inspections [9050 - 9052] ( Chapter 6 added by Stats. 1985, Ch. 947, Sec. 2. )
If an authorized representative finds on inspection that an employer is using a carcinogen contrary to the standards, they must immediately notify the employer and affected employees.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 6. Inspections [9050 - 9052] ( Chapter 6 added by Stats. 1985, Ch. 947, Sec. 2. ) ## 9051. If an authorized representative of the division determines on the basis of an inspection that an employer is using a carcinogen in violation of the standards pertaining to its use, he or she shall immediately notify the employer and affected employees. (Added by Stats. 1985, Ch. 947, Sec. 2.) - 9052. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 6. Inspections [9050 - 9052] ( Chapter 6 added by Stats. 1985, Ch. 947, Sec. 2. )
The OSHA Consultation Unit must provide consultation services about carcinogen use when requested by an employer or employee, or on its own initiative, and may offer educational programs.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 6. Inspections [9050 - 9052] ( Chapter 6 added by Stats. 1985, Ch. 947, Sec. 2. ) ## 9052. Upon request of any employer or any employee, or upon its own initiative, the OSHA Consultation Unit of the department shall provide consultation services regarding the use of a carcinogen and may offer educational programs to inform employers and employees of the provisions of this part. (Added by Stats. 1985, Ch. 947, Sec. 2.) - 9060. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 7. Penalties [9060 - 9061] ( Chapter 7 added by Stats. 1985, Ch. 947, Sec. 2. )
This section sets minimum civil penalties for carcinogen-related violations, including higher minimums for failure to report and repeated or serious repeated violations.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 7. Penalties [9060 - 9061] ( Chapter 7 added by Stats. 1985, Ch. 947, Sec. 2. ) ## 9060. The civil penalties prescribed by Chapter 4 (commencing with Section 6423) of Part 1 shall be applicable to violations of standards and special orders regulating the use of carcinogens, except as modified by the following: (a) A civil penalty assessed against an employer because of failure to report, as required by standards specified in Section 9030, shall be not less than five hundred dollars ($500). (b) A civil penalty assessed pursuant to Section 6429 for repeated violations of standards or special orders specified in subdivision (a) shall be not less than five thousand dollars ($5,000). (c) A civil penalty assessed pursuant to Section 6429 for repeated serious violations shall be not less than ten thousand dollars ($10,000). The maximum limitations on civil penalties specified in Chapter 4 (commencing with Section 6423) of Part 1 shall be applicable to civil penalties for which the minimum amount is prescribed by subdivision (a), (b), or (c). Nothing in this section shall supersede any provision of law prescribing criminal offenses or penalties. (Amended by Stats. 2017, Ch. 28, Sec. 35. (SB 96) Effective June 27, 2017.) - 9061. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 7. Penalties [9060 - 9061] ( Chapter 7 added by Stats. 1985, Ch. 947, Sec. 2. )
This section defines when a carcinogen-related violation counts as a “serious violation,” including two exceptions.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 10. USE OF CARCINOGENS [9000 - 9061] ( Part 10 added by Stats. 1985, Ch. 947, Sec. 2. ) ## CHAPTER 7. Penalties [9060 - 9061] ( Chapter 7 added by Stats. 1985, Ch. 947, Sec. 2. ) ## 9061. (a) For purposes of this part, “serious violation” shall have the meaning specified in Section 6432 and, except as provided in subdivision (b), shall additionally include any violation of a standard or special order respecting the use of a carcinogen. (b) A violation of a standard or special order respecting the use of a carcinogen shall not, be a “serious violation” if the employer did not, and could not, with the exercise of reasonable diligence, know of the presence of the violation or if the violation is minor and resulted in no substantial health hazard, as determined by the division. (Added by Stats. 1985, Ch. 947, Sec. 2.) - 91. Verify source ↗
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )
Any person who willfully hinders the Labor Commissioner, or the commissioner’s deputies or agents, while they are performing their duties commits a misdemeanor.
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 91. Any person who willfully impedes or prevents the Labor Commissioner or his deputies or agents in the performance of duty, is guilty of a misdemeanor, punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or imprisonment for not less than seven nor more than 30 days in the county jail, or both. (Amended by Stats. 1983, Ch. 1092, Sec. 189. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.) - 9100. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 11. COMMERCIAL ESTABLISHMENTS [9100 - 9104] ( Part 11 added by Stats. 2001, Ch. 856, Sec. 1. ) ## CHAPTER 1. Working Warehouses [9100 - 9104] ( Chapter 1 added by Stats. 2001, Ch. 856, Sec. 1. )
This provision defines “sales floor” for this chapter as any area where the public is invited to shop, indoors or outdoors.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 11. COMMERCIAL ESTABLISHMENTS [9100 - 9104] ( Part 11 added by Stats. 2001, Ch. 856, Sec. 1. ) ## CHAPTER 1. Working Warehouses [9100 - 9104] ( Chapter 1 added by Stats. 2001, Ch. 856, Sec. 1. ) ## 9100. For purposes of this chapter, “sales floor” means any area where the public is invited to shop, whether indoors or outdoors. (Added by Stats. 2001, Ch. 856, Sec. 1. Effective January 1, 2002.) - 9101. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 11. COMMERCIAL ESTABLISHMENTS [9100 - 9104] ( Part 11 added by Stats. 2001, Ch. 856, Sec. 1. ) ## CHAPTER 1. Working Warehouses [9100 - 9104] ( Chapter 1 added by Stats. 2001, Ch. 856, Sec. 1. )
This section defines “working warehouse” for this chapter.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 11. COMMERCIAL ESTABLISHMENTS [9100 - 9104] ( Part 11 added by Stats. 2001, Ch. 856, Sec. 1. ) ## CHAPTER 1. Working Warehouses [9100 - 9104] ( Chapter 1 added by Stats. 2001, Ch. 856, Sec. 1. ) ## 9101. For purposes of this chapter, “working warehouse” means a wholesale or retail establishment in which both of the following occur: (a) Heavy machinery, including, but not limited to, forklifts, is used in any area where the public shops while customers are on the premises. (b) Merchandise is stored on shelves higher than 12 feet above the sales floor. (Added by Stats. 2001, Ch. 856, Sec. 1. Effective January 1, 2002.) - 9102. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 11. COMMERCIAL ESTABLISHMENTS [9100 - 9104] ( Part 11 added by Stats. 2001, Ch. 856, Sec. 1. ) ## CHAPTER 1. Working Warehouses [9100 - 9104] ( Chapter 1 added by Stats. 2001, Ch. 856, Sec. 1. )
Owners, managers, or operators of working warehouses must secure merchandise stored above 12 feet, and all working warehouses had to comply with this section by July 1, 2002.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 11. COMMERCIAL ESTABLISHMENTS [9100 - 9104] ( Part 11 added by Stats. 2001, Ch. 856, Sec. 1. ) ## CHAPTER 1. Working Warehouses [9100 - 9104] ( Chapter 1 added by Stats. 2001, Ch. 856, Sec. 1. ) ## 9102. (a) The owner, manager, or operator of a working warehouse shall secure merchandise stored on shelves higher than 12 feet above the sales floor. Methods of securing merchandise shall include rails, fencing, netting, security doors, gates, cables, or the binding of items on a pallet into one unit by shrink-wrapping, metal or plastic banding, or by tying items together with a cord. (b) All working warehouses shall comply with the provisions of this section on or before July 1, 2002. (Amended by Stats. 2002, Ch. 664, Sec. 166. Effective January 1, 2003.) - 9103. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 11. COMMERCIAL ESTABLISHMENTS [9100 - 9104] ( Part 11 added by Stats. 2001, Ch. 856, Sec. 1. ) ## CHAPTER 1. Working Warehouses [9100 - 9104] ( Chapter 1 added by Stats. 2001, Ch. 856, Sec. 1. )
Working warehouses must comply with this section by July 1, 2002, and heavy machinery use to move merchandise from a shelf requires a safety zone to keep customers out of areas where merchandise could fall.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 11. COMMERCIAL ESTABLISHMENTS [9100 - 9104] ( Part 11 added by Stats. 2001, Ch. 856, Sec. 1. ) ## CHAPTER 1. Working Warehouses [9100 - 9104] ( Chapter 1 added by Stats. 2001, Ch. 856, Sec. 1. ) ## 9103. (a) When heavy machinery is used to move merchandise from a shelf, there shall be a safety zone established to temporarily block customers from entering areas where merchandise could fall during removal from a shelf. (b) All working warehouses shall comply with the provisions of this section on or before July 1, 2002. (Amended by Stats. 2002, Ch. 664, Sec. 167. Effective January 1, 2003.) - 9104. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 11. COMMERCIAL ESTABLISHMENTS [9100 - 9104] ( Part 11 added by Stats. 2001, Ch. 856, Sec. 1. ) ## CHAPTER 1. Working Warehouses [9100 - 9104] ( Chapter 1 added by Stats. 2001, Ch. 856, Sec. 1. )
Certain working-warehouse owners, managers, or operators with more than 50 employees must report qualifying customer injuries or deaths to the division, and the report must be filed by the stated deadlines.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 11. COMMERCIAL ESTABLISHMENTS [9100 - 9104] ( Part 11 added by Stats. 2001, Ch. 856, Sec. 1. ) ## CHAPTER 1. Working Warehouses [9100 - 9104] ( Chapter 1 added by Stats. 2001, Ch. 856, Sec. 1. ) ## 9104. An owner, manager, or operator of a working warehouse who employs more than 50 employees shall submit to the division, a report of all known injuries requiring hospitalization, including emergency room medical treatment, or deaths occurring to customers as the result of falling merchandise. The report shall be filed within 30 days of December 31, 2002, and within 30 days of December 31, 2003. Each year, a corporation owning, managing, or operating more than one working warehouse may submit a single report on behalf of all of the corporation’s working warehouses in the state, provided that the report identifies the location of the warehouse where each reportable incident occurred. (Added by Stats. 2001, Ch. 856, Sec. 1. Effective January 1, 2002.) - 9110. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 12. Agricultural Workers [9110- 9110.] ( Part 12 added by Stats. 2021, Ch. 322, Sec. 2. )
This section defines key terms and requires the division to update specified training content and post it online. It also requires employer-provided training to be understandable to employees.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 12. Agricultural Workers [9110- 9110.] ( Part 12 added by Stats. 2021, Ch. 322, Sec. 2. ) ## 9110. (a) For purposes of this section, the following terms have the following meanings: (1) “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) “Board” means the Occupational Safety and Health Standards Board. (3) “Wildfire smoke” means emissions from fires in “wildlands,” as defined in Section 3402 of Title 8 of the California Code of Regulations, or in adjacent developed areas. (b) The division shall review and update the content of the training prescribed in Section 5141.1 of Title 8 of the California Code of Regulations, and shall thereafter post it on its internet website. (c) The training provided by the employer is required to be in a language and manner readily understandable by employees, taking into account their ethnic and cultural backgrounds and education levels, including the use of pictograms, as necessary. (Added by Stats. 2021, Ch. 322, Sec. 2. (AB 73) Effective September 27, 2021.) - 9150. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 13. SAFETY IN MOTION PICTURE PRODUCTIONS [9150 - 9161] ( Part 13 added by Stats. 2023, Ch. 56, Sec. 3. )
This section says California intends to create a motion picture production safety pilot program, require safety advisors and detailed risk assessments for pilot productions, set training and safety standards for firearms and blanks, and generally prohibit live ammunition except in very limited circumstances.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 13. SAFETY IN MOTION PICTURE PRODUCTIONS [9150 - 9161] ( Part 13 added by Stats. 2023, Ch. 56, Sec. 3. ) ## 9150. (a) The Legislature finds and declares the following: (1) All workers deserve a safe and healthy workplace. Because the sets of motion picture productions have potential hazards, proactive planning and oversight of the workplace are key to worker safety. (2) The growing popularity of a diverse array of media platforms and reality television and increased customer demand for new content and new production has increased the need for safety on sets. (3) Improving the overall health and safety on motion picture production sets is especially critical for the safe handling of firearms. (4) The primary protections for the cast and crew in a motion picture production, including when firearms are used, are found in voluntary safety standards developed by the Industry-Wide Labor-Management Safety Committee for use in motion picture production. (b) It is the intent of the Legislature to do the following: (1) Establish a pilot program to address the implementation and oversight of safety practices and procedures in motion picture productions participating in the pilot program. (2) Require the productions in the pilot program to employ a safety advisor to oversee production safety and complete detailed, script-specific general and, if applicable, specific risk assessments as part of this pilot program. (3) Establish training requirements and safety standards that focus on the safe handling of firearms and blanks in all motion picture production in California. (4) Prohibit, except in the most limited circumstances, the use of live ammunition in motion picture production in California. (c) It is not the intent of the Legislature in enacting this part to do either of the following: (1) Adversely impact the employment or retention of craft employees responsible for handling firearms used in motion picture productions. (2) Preclude the use of firearms, blanks, replicas, simulated firearms, or inert prop firearms or to influence content in motion picture productions. (Added by Stats. 2023, Ch. 56, Sec. 3. (SB 132) Effective July 10, 2023. Operative January 1, 2025, pursuant to Section 9161.) - 9151. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 13. SAFETY IN MOTION PICTURE PRODUCTIONS [9150 - 9161] ( Part 13 added by Stats. 2023, Ch. 56, Sec. 3. )
This section defines key terms used in the motion picture productions safety part, including ammunition, blanks, firearm, employer, filming activities, safety advisor, and related safety assessment terms.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 13. SAFETY IN MOTION PICTURE PRODUCTIONS [9150 - 9161] ( Part 13 added by Stats. 2023, Ch. 56, Sec. 3. ) ## 9151. As used in this part: (a) “Ammunition” means one or more loaded cartridges consisting of a primed case, propellant, and with one or more projectiles. “Ammunition” does not include blanks. (b) “Blank” means a cartridge consisting of a primer cap, a shell case, and a quantity of gunpowder, but that does not contain a projectile. (c) “Division” means the Division of Occupational Safety and Health. (d) “Employer” means an employer engaged in producing a motion picture production. (e) “Filming activities” includes principal photography and any subsequent filming, such as reshoots or additional scenes, as well as the construction and breakdown of sets and loading equipment, but does not include postproduction activity, including, but not limited to, editing, sound mixing, additional dialogue, or visual effects unrelated to reshoots. (f) “Firearm” means a device, designed to expel through a barrel a projectile by the force of an explosion or other form of combustion, including the frame or receiver of the device. “Firearm” does not include a replica or simulated firearm or a special effects device. (g) “Industry-Wide Labor-Management Safety Committee” or “committee” means the California group composed of union, guild, and employer representatives that establishes safety guidelines for motion picture production and that meets regularly. (h) “Motion picture production” means the development or creation of motion pictures, television programs, streaming productions, commercial advertisements, music videos, or any other moving images, including, but not limited to, productions made for entertainment, commercial, religious, or educational purposes. (i) “Pilot program” means the Safety on Productions Pilot Program established in Sections 9152 and 9152.5. (j) “Risk assessment” is a detailed written review of a script and production plan prepared in accordance with Section 9152.5. (k) “Safety advisor” means a person who works in tandem with, but independent of, performers and crew and who is not employed for any other role on the motion picture production; who reports to the unit production manager, or a person or persons having overall responsibility for the safety program, but retains autonomy to address production-related risk, including, as a last resort, the authority to temporarily halt production until a thorough examination of the potential hazard or hazards and the mitigation plan can take place among the decisionmakers on productions; and who meets the following qualifications: (1) One of the following: (A) At least two years’ experience primarily performing safety-related work in the entertainment industry as a department head, foreperson, or in a production safety position within motion picture production. (B) At least 500 verifiable days in another crew position in motion picture production, so long as they possess an appropriate breadth of specialist knowledge, experience, and expertise aimed at minimizing risks to both performers and crew. (C) Five or more years of safety-related work, where safety was a primary role and responsibility, in another industry, so long as they possess an appropriate breadth of specialist knowledge, experience, and expertise aimed at minimizing risks to workers and the public. (2) Completion of a joint labor and management training on industry protocols, state and federal law, and safety practices in motion picture production. (3) Completion of an OSHA 30-hour training for general industry. (l) “Specific risk assessment” means a risk assessment for identified high-risk activities or situations prepared in accordance with Section 9152.5. (Added by Stats. 2023, Ch. 56, Sec. 3. (SB 132) Effective July 10, 2023. Operative January 1, 2025, pursuant to Section 9161.) - 9152. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 13. SAFETY IN MOTION PICTURE PRODUCTIONS [9150 - 9161] ( Part 13 added by Stats. 2023, Ch. 56, Sec. 3. )
This section creates a pilot safety program for certain motion picture productions that get a qualifying tax credit, and requires a safety advisor, daily safety meetings, compliance contact designation, and reporting duties.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 13. SAFETY IN MOTION PICTURE PRODUCTIONS [9150 - 9161] ( Part 13 added by Stats. 2023, Ch. 56, Sec. 3. ) ## 9152. (a) The Safety on Productions Pilot Program is hereby established. Commencing July 1, 2025, until June 30, 2030, inclusive, an employer for a motion picture production that receives a motion picture tax credit pursuant to a tax credit program that succeeds, on or after July 1, 2025, the tax credit program established in Section 17053.98 or 23698 of the Revenue and Taxation Code shall, for that motion picture production, hire or assign a safety advisor for California filming activities by the time the department heads start the preproduction process of planning for construction or high-risk activities to perform a risk assessment and, if required under this part, a specific risk assessment, to be completed in collaboration and consultation with appropriate production personnel, including, but not limited to, department heads and those with specialized knowledge. There shall be a dedicated safety advisor present on every motion picture production in the pilot program who is assigned exclusively to that motion picture production. The safety advisor shall have the authority to determine which worksite is most appropriate to have a physical presence on when multiple production-related activities are taking place in multiple locations. (b) Any specific risk assessment shall be revised if there are meaningful changes to the proposed activity or location that would change the specific risk assessment or mitigation plan. (c) All risk assessments shall be accessible via electronic transmission, upon request, to performers, crew, and labor organization representatives. (d) The safety advisor shall have access to, and the opportunity to inspect, all locations, facilities, equipment, supplies, materials, and props to safeguard the safety of the performers and crew members. Access or inspection by a safety advisor pursuant to this subdivision does not include handling or otherwise touching a firearm. (e) Production shall conduct a daily safety meeting, including, but not limited to, the meeting required in paragraph (4) of subdivision (a) of Section 9153. (f) The safety advisor shall participate in daily safety meetings when occurring at the safety advisor’s selected worksite or worksites, if there are multiple production-related activities taking place in multiple locations. (g) The employer shall identify a person for performers, crew, labor organization representatives, and the division to contact for issues regarding compliance. (h) The safety advisor shall prepare a final safety evaluation report based on the actual risk and compliance experience, as set forth in subdivisions (a) to (e), inclusive. Within 60 days following completion of filming activities, the safety advisor shall provide the final safety evaluation report to the Industry-Wide Labor-Management Safety Committee and the California Film Commission. Unplanned or unknown reshoots or additional scenes filmed after the submission of the initial report shall require an addendum report. (i) (1) The Industry-Wide Labor-Management Safety Committee and the California Film Commission shall jointly select an organization or firm to perform a written evaluation of the pilot program. The selected organization or firm shall review and assess the final safety evaluation reports on or before June 30, 2029, and make a nonbinding set of recommendations to the Legislature as to whether the pilot program should be implemented on a permanent basis and to what other motion pictures productions in this state it should, or should not, be extended. The California Film Commission shall not be responsible for the cost of the written evaluation. (2) The report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (j) This section shall remain in effect only until January 1, 2031, and as of that date is repealed. (Added by Stats. 2023, Ch. 56, Sec. 3. (SB 132) Effective July 10, 2023. Operative January 1, 2025, pursuant to Section 9161. Repealed as of January 1, 2031, by its own provisions.) - 9152.5. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 13. SAFETY IN MOTION PICTURE PRODUCTIONS [9150 - 9161] ( Part 13 added by Stats. 2023, Ch. 56, Sec. 3. )
This section requires risk assessments for motion picture productions and gives a safety advisor authority to decide when a specific risk assessment is needed.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 13. SAFETY IN MOTION PICTURE PRODUCTIONS [9150 - 9161] ( Part 13 added by Stats. 2023, Ch. 56, Sec. 3. ) ## 9152.5. Risk assessments shall be performed in accordance with the following: (a) A risk assessment shall be written and shall be a script and production plan that identifies and evaluates preproduction and production activity or production locations that may pose a risk and hazard to employees and sets forth a mitigation plan of those risks and hazards. Department heads and those with specialized knowledge shall be involved in creating a plan to mitigate risk. The process for developing the risk assessment shall commence once the department heads start preproduction planning for construction or high-risk activities. (b) A specific risk assessment shall be written and shall comply with the following: (1) Be focused on identified high-risk activities or situations. (2) Include detailed and specific risk mitigation plans and procedures to identify and evaluate workplace hazards that have an elevated risk factor or factors or a combination of multiple risk factors. (3) Identify the precautions and controls to be taken to mitigate that risk and reevaluate the level of risk assuming those controls are implemented or if no steps are taken to mitigate that risk. (4) Identify the group of employees affected by the assessed risk. (c) A specific risk assessment shall be performed for the use of the following: (1) Firearms. (2) Major pyrotechnics and explosives. (3) Major stunts. (4) Process shot moves. (5) Aircraft or trains. (6) Vehicles off road. (7) Watercraft in open water and for individuals under water for prolonged periods. (8) Workweeks of more than 60 hours. (d) A safety advisor shall have the authority to determine if, and when, a specific risk assessment is necessary for both on and off set activities and situations, including the following: (1) Overhead rigging. (2) Rugged outdoor locations. (3) Inclement weather. (4) Animals. (5) Heights. (6) Intermittent traffic control. (7) Night shoots. (8) Other high-risk activities or situations as identified by the safety advisor. (e) This section shall remain in effect only until January 1, 2031, and as of that date is repealed. (Added by Stats. 2023, Ch. 56, Sec. 3. (SB 132) Effective July 10, 2023. Operative January 1, 2025, pursuant to Section 9161. Repealed as of January 1, 2031, by its own provisions.) - 9153. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 13. SAFETY IN MOTION PICTURE PRODUCTIONS [9150 - 9161] ( Part 13 added by Stats. 2023, Ch. 56, Sec. 3. )
Firearms or blanks may be used on motion picture productions only for specified production purposes and only if the listed custody, staffing, meeting, and permit conditions are met.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 13. SAFETY IN MOTION PICTURE PRODUCTIONS [9150 - 9161] ( Part 13 added by Stats. 2023, Ch. 56, Sec. 3. ) ## 9153. (a) A firearm or blank shall only be permitted on motion picture productions, for the purposes of rehearsal, actor training, the filming of an on-camera sequence, or other development of content of the motion picture production with individuals of the performers or crew, under the following conditions: (1) Under the custody and control of a qualified property master, armorer, or assistant property master. (2) While handling the firearm, the property master, armorer, or assistant property master is the only person who can hand that firearm to the performer or cast or crew member standing in for that performer during the scene. Only the property master, armorer, or assistant property master shall collect the firearm upon completion of the activity. (3) A property master, armorer, or assistant property master shall have no other duties, responsibilities, or obligations during the time the property master, armorer, or assistant property master is preparing for the use of a firearm and that a firearm is in the possession of the performer. It remains their sole responsibility until firearms are no longer in use and have been locked away. (4) As indicated in safety bulletins of the Industry-Wide Labor-Management Safety Committee, a safety meeting shall be conducted when firearms are involved in a scene. (5) The employer shall identify a person for performers, crew, labor organization representatives, and the division to contact for issues regarding compliance. (6) The employer has ensured sufficient staffing of qualified property masters, armorers, or assistant property masters. (b) A qualified property master, armorer, or assistant property master handling a firearm in the course of the motion picture production shall have all of the following: (1) A current entertainment firearms permit or current dangerous weapons permit or license issued by the California Department of Justice. (2) A joint entertainment industry labor-management firearm safety industry-specific training course certificate with training on industry protocols, state and federal law, and best practices on safety. (3) One of the following: (A) A signed rental sheet or copy of a completed Bureau of Alcohol, Tobacco, Firearms and Explosives “ATF Form 4473,” stating the lawful transfer of Title 1 Firearms to that property master, armorer, or assistant property master or a copy of a current Federal Firearms License (FFL) establishing the property master, armorer, or assistant property master as the lawful possessor of the firearms who may obtain and retain custody of all firearms used in motion picture productions. (B) In the event of the use of restricted firearms classified under the Bureau of Alcohol, Tobacco, Firearms and Explosives National Firearms Act Division (ATF NFA) rules, and including “assault weapons,” as defined by California law, a set of current dangerous weapons permits issued by the Department of Justice, or in the absence of such permits, a clearly dated extension letter for 120 days from the Department of Justice Bureau of Firearms permitting the property master, armorer, or assistant property master to continue their activities with restricted firearms, and a signed rental sheet from the federally licensed armory providing the firearms, or a current FFL and current ATF Special Occupational Tax Stamp establishing lawful possession of restricted firearms by that property master, armorer, or assistant property master shall be presented for the property master, armorer, or assistant property master to obtain and retain custody of NFA firearms. In such a case, the dangerous weapons permits issued by the Department of Justice shall supersede the entertainment firearms permit. (Added by Stats. 2023, Ch. 56, Sec. 3. (SB 132) Effective July 10, 2023. Operative January 1, 2025, pursuant to Section 9161.) - 9154. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 13. SAFETY IN MOTION PICTURE PRODUCTIONS [9150 - 9161] ( Part 13 added by Stats. 2023, Ch. 56, Sec. 3. )
Employers in motion picture production must report serious employee injuries, illnesses, or deaths to the division, and the division may inspect and cite employers in certain cases.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 13. SAFETY IN MOTION PICTURE PRODUCTIONS [9150 - 9161] ( Part 13 added by Stats. 2023, Ch. 56, Sec. 3. ) ## 9154. (a) Employers engaged in motion picture production shall report to the division any serious injury or illness, or death, of an employee occurring in a place of employment or in connection with any employment pursuant to Section 342 of Title 8 of the California Code of Regulations. Pursuant to Section 6309, if the division learns or has reason to believe that an employment or place of employment is not safe or is injurious to the welfare of an employee, the division, on its own motion or upon complaint, may summarily investigate the employment or place of employment. Every inspection conducted by the division shall include an evaluation of the employer’s injury prevention program established pursuant to Section 6401.7 and any risk assessment for those participating in the pilot program established pursuant to Sections 9152 and 9152.5. (b) Pursuant to Sections 6314 and 6317, if, upon inspection or investigation, the division determines that an employer has violated any standard, rule, order, regulation or these provisions, the division may with reasonable promptness issue a citation to the employer. (Added by Stats. 2023, Ch. 56, Sec. 3. (SB 132) Effective July 10, 2023. Operative January 1, 2025, pursuant to Section 9161.) - 9155. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 13. SAFETY IN MOTION PICTURE PRODUCTIONS [9150 - 9161] ( Part 13 added by Stats. 2023, Ch. 56, Sec. 3. )
A motion picture production generally may not allow ammunition, but there are narrow exceptions.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 13. SAFETY IN MOTION PICTURE PRODUCTIONS [9150 - 9161] ( Part 13 added by Stats. 2023, Ch. 56, Sec. 3. ) ## 9155. (a) Ammunition shall not be permitted on a motion picture production, except as follows: (1) In the controlled and supervised environment of a shooting range or equivalent and for the purposes of actor training or postproduction gunfire sound recording, a documentary, except reenactments, or firearms education. (2) Where ammunition is essential to the subject matter of the work, such as a competitive reality show, a documentary, except dramatic reenactments, or a firearms education and safety training production. (3) While filming footage of trained military or police personnel firing weapons in a controlled military or police facility. (b) In the exceptions set forth in subdivision (a), all range safety rules, federal, state, and local laws, and Industry-Wide Labor-Management Safety Committee Safety Bulletins #1 and #2 shall be followed under the supervision of the property master, armorer, or qualified assistant property master. Appropriate medical personnel shall be available. (Added by Stats. 2023, Ch. 56, Sec. 3. (SB 132) Effective July 10, 2023. Operative January 1, 2025, pursuant to Section 9161.) - 9156. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 13. SAFETY IN MOTION PICTURE PRODUCTIONS [9150 - 9161] ( Part 13 added by Stats. 2023, Ch. 56, Sec. 3. )
Employers must require certain employees on set to complete firearms safety training, and the employer must pay for that training.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 13. SAFETY IN MOTION PICTURE PRODUCTIONS [9150 - 9161] ( Part 13 added by Stats. 2023, Ch. 56, Sec. 3. ) ## 9156. Every employer shall require that any employee responsible for handling, or in proximity to, firearms on set completes a Contract Services Administration Trust Fund (CSATF) Firearms Safety Course for the Entertainment Industry, or an equivalent training, as determined by the Industry-Wide Labor-Management Safety Committee. This training requirement shall be paid for by the employer and is not limited to crew or guild members. (Added by Stats. 2023, Ch. 56, Sec. 3. (SB 132) Effective July 10, 2023. Operative January 1, 2025, pursuant to Section 9161.) - 9157. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 13. SAFETY IN MOTION PICTURE PRODUCTIONS [9150 - 9161] ( Part 13 added by Stats. 2023, Ch. 56, Sec. 3. )
An employer must comply with this part and any applicable safety standard.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 13. SAFETY IN MOTION PICTURE PRODUCTIONS [9150 - 9161] ( Part 13 added by Stats. 2023, Ch. 56, Sec. 3. ) ## 9157. An employer shall comply with this part and any applicable safety standard. (Added by Stats. 2023, Ch. 56, Sec. 3. (SB 132) Effective July 10, 2023. Operative January 1, 2025, pursuant to Section 9161.) - 9158. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 13. SAFETY IN MOTION PICTURE PRODUCTIONS [9150 - 9161] ( Part 13 added by Stats. 2023, Ch. 56, Sec. 3. )
This section says the part does not apply to certain people on the perimeter of a motion picture set, including qualifying security guards and sworn peace or federal law enforcement officers.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 13. SAFETY IN MOTION PICTURE PRODUCTIONS [9150 - 9161] ( Part 13 added by Stats. 2023, Ch. 56, Sec. 3. ) ## 9158. This part does not apply to the following persons when they are on the perimeter of a set where motion picture production is happening: (a) A registered security guard carrying a firearm in compliance with security guard firearms qualifications established in Sections 7583.2 to 7583.5, inclusive, of the Business and Professions Code, who is employed to provide security to the motion picture production and who, in the scope and the course of that employment, is at all times in possession and control of the firearm. (b) A sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or sworn federal law enforcement officer, who is authorized to carry a firearm in the course and scope of the officer’s duties and who, in the scope and the course of their duties, is at all times in possession and control of the firearm. (Added by Stats. 2023, Ch. 56, Sec. 3. (SB 132) Effective July 10, 2023. Operative January 1, 2025, pursuant to Section 9161.) - 9159. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 13. SAFETY IN MOTION PICTURE PRODUCTIONS [9150 - 9161] ( Part 13 added by Stats. 2023, Ch. 56, Sec. 3. )
The division must enforce this part.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 13. SAFETY IN MOTION PICTURE PRODUCTIONS [9150 - 9161] ( Part 13 added by Stats. 2023, Ch. 56, Sec. 3. ) ## 9159. The division shall enforce this part. (Added by Stats. 2023, Ch. 56, Sec. 3. (SB 132) Effective July 10, 2023. Operative January 1, 2025, pursuant to Section 9161.) - 9160. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 13. SAFETY IN MOTION PICTURE PRODUCTIONS [9150 - 9161] ( Part 13 added by Stats. 2023, Ch. 56, Sec. 3. )
Employers may adopt stricter safety standards.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 13. SAFETY IN MOTION PICTURE PRODUCTIONS [9150 - 9161] ( Part 13 added by Stats. 2023, Ch. 56, Sec. 3. ) ## 9160. This part shall not prevent or limit employer adoption of stricter safety standards. (Added by Stats. 2023, Ch. 56, Sec. 3. (SB 132) Effective July 10, 2023. Operative January 1, 2025, pursuant to Section 9161.) - 9161. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 13. SAFETY IN MOTION PICTURE PRODUCTIONS [9150 - 9161] ( Part 13 added by Stats. 2023, Ch. 56, Sec. 3. )
This part becomes operative on January 1, 2025.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 13. SAFETY IN MOTION PICTURE PRODUCTIONS [9150 - 9161] ( Part 13 added by Stats. 2023, Ch. 56, Sec. 3. ) ## 9161. This part shall become operative on January 1, 2025. (Added by Stats. 2023, Ch. 56, Sec. 3. (SB 132) Effective July 10, 2023.) - 92. Verify source ↗
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )
The Labor Commissioner, deputies, and agents may use subpoenas and other oath-taking powers to enforce the Labor Code and laws the division enforces.
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 92. The Labor Commissioner, his deputies and agents, may issue subpoenas to compel the attendance of witnesses and parties and the production of books, papers and records; administer oaths; examine witnesses under oath; take the verification, acknowledgment, or proof of written instruments; and take depositions and affidavits for the purpose of carrying out the provisions of this code and all laws which the division is to enforce. (Amended by Stats. 2024, Ch. 80, Sec. 97. (SB 1525) Effective January 1, 2025.) - 920. Verify source ↗
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Contracts Against Public Policy [920 - 927] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )
This section defines “promise” broadly for this chapter.
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Contracts Against Public Policy [920 - 927] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 920. As used in this chapter, unless the context otherwise indicates, “promise” includes promise, undertaking, contract, or agreement, whether written or oral, express or implied. (Enacted by Stats. 1937, Ch. 90.) - 921. Verify source ↗
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Contracts Against Public Policy [920 - 927] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )
Certain post-August 21, 1933 promises about union or employer organization membership are contrary to public policy and cannot be the basis for court relief.
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Contracts Against Public Policy [920 - 927] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 921. Every promise made after August 21, 1933, between any employee or prospective employee and his employer, prospective employer or any other person is contrary to public policy if either party thereto promises any of the following: (a) To join or to remain a member of a labor organization or to join or remain a member of an employer organization, (b) Not to join or not to remain a member of a labor organization or of an employer organization, (c) To withdraw from an employment relation in the event that he joins or remains a member of a labor organization or of an employer organization. Such promise shall not afford any basis for the granting of legal or equitable relief by any court against a party to such promise, or against any other persons who advise, urge, or induce, without fraud or violence or threat thereof, either party thereto to act in disregard of such promise. (Enacted by Stats. 1937, Ch. 90.) - 922. Verify source ↗
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Contracts Against Public Policy [920 - 927] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )
A person, agent, or officer may not force someone to agree not to join a labor organization as a condition of getting or keeping employment.
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Contracts Against Public Policy [920 - 927] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 922. Any person or agent or officer thereof who coerces or compels any person to enter into an agreement, written or verbal, not to join or become a member of any labor organization, as a condition of securing employment or continuing in the employment of any such person is guilty of a misdemeanor. (Enacted by Stats. 1937, Ch. 90.) - 923. Verify source ↗
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Contracts Against Public Policy [920 - 927] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )
This section states a state policy favoring voluntary labor negotiations and worker freedom of association, self-organization, and choosing representatives.
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Contracts Against Public Policy [920 - 927] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 923. In the interpretation and application of this chapter, the public policy of this State is declared as follows: Negotiation of terms and conditions of labor should result from voluntary agreement between employer and employees. Governmental authority has permitted and encouraged employers to organize in the corporate and other forms of capital control. In dealing with such employers, the individual unorganized worker is helpless to exercise actual liberty of contract and to protect his freedom of labor, and thereby to obtain acceptable terms and conditions of employment. Therefore it is necessary that the individual workman have full freedom of association, self-organization, and designation of representatives of his own choosing, to negotiate the terms and conditions of his employment, and that he shall be free from the interference, restraint, or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. (Enacted by Stats. 1937, Ch. 90.) - 923.1. Verify source ↗
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Contracts Against Public Policy [920 - 927] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )
This section protects workers’ labor-rights activity and lets certain workers ask the Public Employment Relations Board to step in.
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Contracts Against Public Policy [920 - 927] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 923.1. (a) (1) All of the provisions of this section shall be liberally construed to ensure that all workers in California can effectively vindicate their fundamental rights to full freedom of association, self-organization, and designation of representatives of their own choosing, free from retaliation or intimidation by their employer. (2) The rights described in this subdivision mean that a worker shall be allowed to engage in collective action, to organize, form, join, or assist labor organizations, and, when they choose to do so collectively through selected or designated bargaining representatives, to engage in effective and expeditious collective bargaining that results in a collective bargaining agreement addressing their terms and conditions of employment. (3) The state and its political subdivisions shall not, directly or indirectly, deny, burden, or abridge the rights described in this subdivision except as necessary to serve a compelling state interest achieved by the least restrictive means. (b) (1) A worker who meets the description in subparagraph (A) or (B) may petition the Public Employment Relations Board to protect and enforce the rights described in subdivision (a). (A) The worker is employed in a position that is, or would have been, subject to the National Labor Relations Act as of January 1, 2025, but they lose coverage under the National Labor Relations Act because the National Labor Relations Act is repealed, narrowed, or its enforcement enjoined in a case involving that worker, whether through legislative, executive, or judicial action, and the worker is not otherwise covered by the federal Railway Labor Act (45 U.S.C. Sec. 151 et seq.) or by any law that subjects them to the jurisdiction of the Public Employment Relations Board, aside from this section, or the Agricultural Labor Relations Board. (B) The worker is employed in a position which is or would be subject to the National Labor Relations Act as of January 1, 2025, but the National Labor Relations Board has expressly or impliedly ceded jurisdiction. The National Labor Relations Board will be deemed to have ceded jurisdiction to the states if any of the following conditions are satisfied as of January 1, 2026: (i) For cases where a certification of the results of an election, including a certification of representative, or administrative law judge decision has been issued, or where challenges or objections to a representation election are pending before the National Labor Relations Board, when there is a lack of a quorum of the National Labor Relations Board, or when the National Labor Relations Board has lost its independence as a result of the Supreme Court finding that National Labor Relations Board members are unconstitutionally protected from removal or when the continued processing of a case is enjoined by a court due to constitutional challenges to the board’s structure or authority. (ii) For cases where no certification or complaint or decision has been issued, when there are processing delays resulting in the worker’s case remaining pending before a regional director for more than six months without the issuance of a complaint or certification of an election, or remaining pending more than six months after a complaint has been issued without the issuance of a decision by an administrative law judge or without the issuance of a decision about the certification by the National Labor Relations Board. (iii) For cases where a certification of the results of an election, including a certification of representative, or other reviewable order has been issued by the regional director or administrative law judge, when there are processing delays resulting in failure by the National Labor Relations Board to accept or decline review or grant special permission to appeal for more than six months following the filing of a request for review or for special permission to appeal. (iv) For cases on review or exceptions before the National Labor Relations Board, when there are processing delays resulting in the case remaining pending for more than 12 months without the issuance of a final decision. (2) If the Public Employment Relations Board determines that the conditions described in subparagraph (A) or (B) of paragraph (1) no longer apply, the Public Employment Relations Board shall retain jurisdiction over pending matters and shall maintain jurisdiction from that point forward unless ordered by a court of competent jurisdiction to cede its jurisdiction. (3) This subdivision shall not affect the rights of workers under other federal or state statutes. (c) A worker who meets the conditions of subparagraph (A) or (B) of paragraph (1) of subdivision (b) or their chosen representative may do any of the following: (1) Petition the Public Employment Relations Board to process any representation petition previously filed with the National Labor Relations Board. (2) Petition the Public Employment Relations Board to promptly certify an exclusive bargaining representative that has previously been certified by another state or federal agency, or that has been selected by the majority of employees in an appropriate bargaining unit through an election, through other legal processes recognized by the Public Employment Relations Board or the National Labor Relations Board at that time the selection is made, or through a written designation. All existing terms and conditions of employment between a certified exclusive bargaining representative and an employer shall remain in full force and effect during bargaining following certification. (3) Petition the Public Employment Relations Board to decide unfair labor practice cases on the following timeline: (A) As of January 1, 2026, cases involving an employer of more than 500 employees and alleging a refusal to bargain, a refusal to recognize, or a refusal to give effect to an election certification, or cases involving a unilateral withdrawal of recognition from the worker’s chosen representative by an employer of any size, and associated violations that are necessary to decide the bargaining or recognition violation. These shall be considered Category 1 cases and shall take priority over any Category 2 or 3 cases. (B) As of July 1, 2026, cases involving an employer of any size and alleging a refusal to bargain, a refusal to recognize, or a refusal to give effect to an election certification, and associated violations that are necessary to decide the bargaining or recognition violation. These shall be considered Category 1 cases and shall take priority over any Category 2 or 3 cases. (C) As of January 1, 2027, cases alleging that an employer has failed to bargain in good faith if the parties have been engaged in bargaining for a collective bargaining agreement for over six months without reaching agreement, and associated violations. These shall be considered Category 2 cases and shall take priority over any Category 3 cases. (D) If the Public Employment Relations Board determines that it has insufficient resources to process all cases filed under subparagraphs (A), (B), or (C) of paragraph (3) of subdivision (c), or that doing so would prevent it from meeting statutory deadlines applicable prior to July 1, 2026, the Public Employment Relations Board shall process and prioritize cases in accordance with the following before processing any Category 3 cases: (i) Cases involving employers employing more than 500 workers affected or potentially affected by the case shall be priority 1. (ii) Cases involving an active union organizing campaign and allegations of loss of employment shall be priority 2. (iii) Cases involving an active union organizing campaign and allegations not involving loss of employment shall be priority 3. (iv) Cases that have been pending before the NLRB for more than 18 months shall be priority 4. (v) All other Category 1 or 2 cases shall be priority 5. (E) As of January 1, 2027, all other cases not included in paragraph (A), (B), or (C) shall be considered Category 3 cases. The Public Employment Relations Board shall prioritize and process Category 3 cases, to the extent feasible, in accordance with the following: (i) Cases involving allegations arising from an organizing campaign shall be priority 1. (ii) Cases involving allegations of loss of employment shall be priority 2. (iii) Cases involving allegations of retaliation for union activities or the exercise of rights under the NLRA or this section, not involving loss of employment, shall be priority 3. (iv) Cases involving allegations of violation of Weingarten rights, failure to respond to union information requests, or unilateral changes by an employer engaging in first contract negotiation shall be priority 4. (v) The Public Employment Relations Board may further prioritize the resolution of subcategories of cases within each of these categories, or within the group of cases not categorized above, to ensure the most efficient possible resolution of such cases and the maximum possible protection of employee rights. (d) To pursue relief from the Public Employment Relations Board, a covered worker or their representative shall file both of the following with the Public Employment Relations Board: (1) An unfair practice charge or petition that includes all of the following information: (A) The charging party’s name, address, email address, and telephone number. (B) The respondent’s name, address, email address, and telephone number. (C) Where applicable, the original charge or petition filed with the National Labor Relations Board with all supporting documentation and evidence that was submitted to the National Labor Relations Board. (D) All correspondence, communications, or other materials received by the charging party, or otherwise in the charging party’s possession, from the National Labor Relation’s Board regarding the original charge or petition filed with the National Labor Relation’s Board. (2) The documentation and evidence filed with the Public Employment Relations Board shall not be served on the respondent. (3) The Public Employment Relations Board shall hold the supporting documentation and evidence confidential and maintain it as part of its investigatory file. (4) Documentation and evidence under paragraph (1) shall not be deemed to be public records for purposes of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (e) (1) In implementing this section, the Public Employment Relations Board may do all of the following pursuant to its own procedures: (A) Conduct elections to determine whether a majority of workers in an appropriate bargaining unit have selected an exclusive representative for purposes of collective bargaining. (B) Promptly certify an exclusive bargaining representative by determining whether a majority of workers in an appropriate bargaining unit have selected an exclusive representative for purposes of collective bargaining, and order that an employer bargain with that exclusive bargaining representative. Selection may be demonstrated through a previous certification by another state or federal agency, or through an election, or through other legal processes recognized by the Public Employment Relations Board or the National Labor Relations Board at that time the selection is made, or through a written designation. This shall include the ability to resolve pending objections or voter eligibility challenges in an election previously pending with the National Labor Relations Board. (C) Order that an employer bargain with an exclusive bargaining representative and otherwise decide unfair labor practices and order all appropriate action and remedies. (D) Order than an employer submit to binding arbitration to assist the parties in finalizing their negotiations for a collective bargaining agreement if the National Labor Relations Board or the Public Employment Relations Board has certified an exclusive bargaining representative, or if an employer has voluntarily recognized the exclusive bargaining representative of a group of workers, and more than six months have passed without the parties agreeing on and executing a collective bargaining agreement. (E) Order any appropriate remedy, including injunctive relief and penalties, necessary to effectuate this section, including if an employer refuses to comply with an order under this section. (2) The Public Employment Relations Board may rely on its own decisions and precedent under the National Labor Relations Act, and shall do so in a manner that most expansively effectuates the rights guaranteed under this section. (3) The Public Employment Relations Board may order all appropriate relief for a violation of this section, including civil penalties. If the Public Employment Relations Board finds that an employer has engaged in a pattern or practice of committing unfair practices, it may assess civil penalties in the amount of one thousand dollars ($1,000) per worker per violation. (4) Any action taken by the Public Employment Relations Board pursuant to this section may be reviewed by a state appellate court of competent jurisdiction. The decision of the court enforcing an order of the Public Employment Relations Board shall be final, subject to the right to petition the California Supreme Court for review, and the pendency of a petition for review shall not, except by express order of the courts, constitute a stay of the decision. The violation of a decision under this section shall be remediable by the court as contempt thereof. (f) (1) The Public Employment Relations Board Enforcement Fund is hereby established in the State Treasury. (2) Any civil penalty collected pursuant to this section shall be deposited into the Public Employment Relations Board Enforcement Fund. (3) Moneys in the fund shall be available upon appropriation by the Legislature for the Public Employment Relations Board for purposes of administering this section. (g) For purposes of this section, the following definitions apply: (1) “Charging party” means the party bringing an unfair labor practice charge. (2) “Respondent” means the party that allegedly committed the unfair labor practice. (Added by Stats. 2025, Ch. 139, Sec. 2. (AB 288) Effective January 1, 2026.) - 925. Verify source ↗
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Contracts Against Public Policy [920 - 927] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )
An employer may not require certain California employees to agree to out-of-state dispute resolution or to give up California-law protections.
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Contracts Against Public Policy [920 - 927] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 925. (a) An employer shall not require an employee who primarily resides and works in California, as a condition of employment, to agree to a provision that would do either of the following: (1) Require the employee to adjudicate outside of California a claim arising in California. (2) Deprive the employee of the substantive protection of California law with respect to a controversy arising in California. (b) Any provision of a contract that violates subdivision (a) is voidable by the employee, and if a provision is rendered void at the request of the employee, the matter shall be adjudicated in California and California law shall govern the dispute. (c) In addition to injunctive relief and any other remedies available, a court may award an employee who is enforcing his or her rights under this section reasonable attorney’s fees. (d) For purposes of this section, adjudication includes litigation and arbitration. (e) This section shall not apply to a contract with an employee who is in fact individually represented by legal counsel in negotiating the terms of an agreement to designate either the venue or forum in which a controversy arising from the employment contract may be adjudicated or the choice of law to be applied. (f) This section shall apply to a contract entered into, modified, or extended on or after January 1, 2017. (Added by Stats. 2016, Ch. 632, Sec. 1. (SB 1241) Effective January 1, 2017.) - 9250. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 14. Safety on Staging for Live Events [9250 - 9254] ( Part 14 added by Stats. 2022, Ch. 759, Sec. 2. )
This section defines terms used in the part on safety in staging for live events.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 14. Safety on Staging for Live Events [9250 - 9254] ( Part 14 added by Stats. 2022, Ch. 759, Sec. 2. ) ## 9250. For purposes of this part, the following definitions apply: (a) “Auxiliary organization” means an entity that is included as an auxiliary organization pursuant to Section 89901 of the Education Code. (b) “Contract” means an existing event and reservation agreement between a contracting entity and an entertainment events vendor to set up, operate, or tear down a live event at a public events venue. (c) “Contracting entity” means a body that contracts with an entertainment events vendor to set up, operate, or tear down a live event at a public events venue. (d) “Division” means the Division of Occupational Safety and Health. (e) “Entertainment events vendor” means a private employer that contracts to set up, operate, or tear down a live event and includes any subcontractor employer involved in the event’s setting up, operation, or tearing down. (f) “Entertainment Services and Technology Association” means the nonprofit trade association based in North America for the entertainment technology industry that develops standards for entertainment crafts through an accredited American National Standards Institute technical standards program. (g) “Entertainment Technician Certification Program” means the industry and labor nongovernmental program of the Entertainment Services and Technology Association that grants certification to a worker who has demonstrated mastery as an entertainment technician. (h) “Heads of departments” and “leads” means any worker that leads, supervises, or directs one or more workers in that same occupation and is employed in an occupation that may be certified by the Entertainment Technician Certification Program. (i) “Cal/OSHA-10” means a 10-hour course offered by a training provider that is authorized by an OSHA Training Institute Education Center to provide the course. (j) “OSHA-10” means the United States Department of Labor’s Occupational Safety and Health Administration’s 10-hour course on workplace health and safety. (k) “OSHA-10/General Entertainment Safety” means the United States Department of Labor’s Occupational Safety and Health Administration’s 10-hour course on workplace health and safety specific to the entertainment and exhibition industries. (l) “Cal/OSHA-30” means a 30-hour course offered by a training provider that is authorized by an OSHA Training Institute Education Center to provide the course. (m) “OSHA-30” means the United States Department of Labor’s Occupational Safety and Health Administration’s 30-hour course on workplace health and safety. (n) “OSHA-30/General Entertainment Safety” means the United States Department of Labor’s Occupational Safety and Health Administration’s 30-hour course on workplace health and safety specific to the entertainment and exhibition industries. (o) “Public events venue” means a state-operated fairground, county fairground, state park, California State University, University of California, or auxiliary organization-run facility that hosts live events. (p) “Operate” means to operate effects on an event set, including, but not limited to, lighting, sound, pyrotechnics, machinery, electrical apparatus, scenery, audiovisual, or rigging. (q) “Skilled and trained workforce” has the same meaning as defined in Section 2601 of the Public Contract Code. (Added by Stats. 2022, Ch. 759, Sec. 2. (AB 1775) Effective January 1, 2023.) - 9251. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 14. Safety on Staging for Live Events [9250 - 9254] ( Part 14 added by Stats. 2022, Ch. 759, Sec. 2. )
This section requires live-event contracting entities and vendors to certify worker training and certification, share certain worker information in the contract, and limits how the contracting entity may use or disclose that information.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 14. Safety on Staging for Live Events [9250 - 9254] ( Part 14 added by Stats. 2022, Ch. 759, Sec. 2. ) ## 9251. (a) A contracting entity shall require an entertainment events vendor to certify for its employees, and any subcontractors’ employees, as part of the contract for production of any live event at its public events venue, both of the following: (1) An employee of an entertainment events vendor involved in the setting up, operation, or tearing down of a live event at the venue has completed the Cal/OSHA-10, the OSHA-10/General Entertainment Safety training, or the OSHA-10 as applicable to their occupation. (2) One of the following applies: (A) Heads of departments and leads have completed the Cal/OSHA-30, the OSHA-30/General Entertainment Safety training, or the OSHA-30, and are certified through the Entertainment Technician Certification Program relevant to the task or tasks they are supervising or performing, or another certification program, as specified by the division. (B) The entertainment events vendor certifies that its employees and any subcontractors’ employees meet the conditions for a skilled and trained workforce. (b) An entertainment events vendor shall certify in writing, and as part of the contract, that they have verified the training completion and certification requirements of all employees, and any subcontractor’s employees, who will work on the setting up, operation, or tearing down of the event. (c) (1) The contract shall provide in writing that the entertainment events vendor shall furnish, upon hiring for the live event pursuant to the contract, the contracting entity with both of the following: (A) The names of the employees of the entertainment events vendor and the names of employees of any subcontractors. (B) What training or certification the employee has completed and the date of certification, as specified by this section. (2) The contract is subject to Section 7928.801 of the Government Code. (3) The contracting entity may use or disclose to third parties the information provided pursuant to paragraph (1) for the purpose of carrying out the contracting entity’s duties under the contract, including, but not limited to, verifying an employee’s training and certification, but shall not use or disclose the information for purposes unrelated to the contracting entity’s duties under the contract. (d) The requirements of this section shall not apply to a direct employee of the public events venue. (Amended by Stats. 2024, Ch. 969, Sec. 2. (AB 2738) Effective January 1, 2025.) - 9252. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 14. Safety on Staging for Live Events [9250 - 9254] ( Part 14 added by Stats. 2022, Ch. 759, Sec. 2. )
The division must enforce this part by issuing citations and civil penalty notices, and people who receive them may appeal to the appeals board.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 14. Safety on Staging for Live Events [9250 - 9254] ( Part 14 added by Stats. 2022, Ch. 759, Sec. 2. ) ## 9252. (a) The division shall enforce this part by the issuance of a citation alleging a violation of this part and a notice of civil penalty in a manner consistent with Section 6317. Any person who receives a citation and penalty may appeal the citation and penalty to the appeals board in a manner consistent with Section 6319. (b) Penalties shall only be assessed against an entertainment events vendor, a public events venue, or a contracting entity, as these terms are defined in Section 9250, and shall not be assessed against an employee of an entertainment events vendor or an employee of a subcontractor for not completing the training or certification required by Section 9251. (c) The issuance of a citation under this section is in addition to any other penalties authorized under Title 8 of the California Code of Regulations. (d) The division shall deposit the funds assessed pursuant to this section in the Occupational Safety and Health Fund established pursuant to Section 62.5. (Amended by Stats. 2024, Ch. 969, Sec. 3. (AB 2738) Effective January 1, 2025.) - 9252.1. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 14. Safety on Staging for Live Events [9250 - 9254] ( Part 14 added by Stats. 2022, Ch. 759, Sec. 2. )
A public prosecutor may enforce this part, seek an injunction to stop continued violations of Section 9251, and, if doing so, a $500 per-violation maximum penalty applies instead of Section 9252 or other division enforcement requirements or appeals.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 14. Safety on Staging for Live Events [9250 - 9254] ( Part 14 added by Stats. 2022, Ch. 759, Sec. 2. ) ## 9252.1. This part may also alternatively be enforced by a public prosecutor pursuant to Chapter 8 (commencing with Section 180) of Division 1. If this part is enforced by a public prosecutor, then the public prosecutor may seek injunctive relief to prevent continued violations of Section 9251 and a maximum penalty of five hundred dollars ($500) per violation shall apply in lieu of Section 9252 or any other division enforcement requirements or appeals process. (Added by Stats. 2024, Ch. 969, Sec. 4. (AB 2738) Effective January 1, 2025.) - 9253. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 14. Safety on Staging for Live Events [9250 - 9254] ( Part 14 added by Stats. 2022, Ch. 759, Sec. 2. )
This section allows employers, contracting entities, and entertainment events vendors to adopt stricter safety standards.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 14. Safety on Staging for Live Events [9250 - 9254] ( Part 14 added by Stats. 2022, Ch. 759, Sec. 2. ) ## 9253. This part, or any related health and safety standard, does not prevent or limit an employer, contracting entity, or entertainment events vendor from adopting stricter safety standards. (Added by Stats. 2022, Ch. 759, Sec. 2. (AB 1775) Effective January 1, 2023.) - 9254. Verify source ↗
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 14. Safety on Staging for Live Events [9250 - 9254] ( Part 14 added by Stats. 2022, Ch. 759, Sec. 2. )
An employer remains subject to any other required training under Title 8 and must still comply with applicable occupational safety and health laws and regulations.
## Labor Code - LAB ## DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9254] ( Division 5 enacted by Stats. 1937, Ch. 90. ) ## PART 14. Safety on Staging for Live Events [9250 - 9254] ( Part 14 added by Stats. 2022, Ch. 759, Sec. 2. ) ## 9254. Nothing in this part relieves an employer from conducting any other training required under Title 8 of the California Code of Regulations and complying with any other occupational safety and health law or regulation, as applicable. (Added by Stats. 2022, Ch. 759, Sec. 2. (AB 1775) Effective January 1, 2023.) - 926. Verify source ↗
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Contracts Against Public Policy [920 - 927] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )
Certain contracts that violate Section 16608 are void only if entered into on or after January 1, 2026; affected workers or representatives may sue, and liable persons may owe damages and fees.
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Contracts Against Public Policy [920 - 927] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 926. (a) A contract or contract term that violates Section 16608 of the Business and Professions Code is void as contrary to public policy only if entered into on or after January 1, 2026. (b) A worker who has been subjected to the conduct prohibited by subdivision (b) of Section 16608 of the Business and Professions Code or a worker representative may bring a civil action on behalf of that worker, other persons similarly situated, or both, in any court of competent jurisdiction. (c) Any person found liable for a violation of this section shall be liable for actual damages sustained by the worker or workers on whose behalf the case is brought, or five thousand dollars ($5,000) per worker, whichever is greater, in addition to injunctive relief, and reasonable attorney’s fees and costs. (d) This section does not limit the remedies available to a worker or other natural person specified in Section 16608 of the Business and Professions Code. (Added by Stats. 2025, Ch. 703, Sec. 2. (AB 692) Effective January 1, 2026.) - 927. Verify source ↗
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Contracts Against Public Policy [920 - 927] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )
A contract provision allowing use of a person’s digital replica for personal or professional services is unenforceable only for a new performance fixed on or after January 1, 2025, if the stated conditions are not met.
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Contracts Against Public Policy [920 - 927] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 927. (a) A provision in an agreement between an individual and any other person for the performance of personal or professional services is unenforceable only as it relates to a new performance, fixed on or after January 1, 2025, by a digital replica of the individual if the provision meets all of the following conditions: (1) The provision allows for the creation and use of a digital replica of the individual’s voice or likeness in place of work the individual would otherwise have performed in person. (2) (A) Except as provided in subparagraph (B), the provision does not include a reasonably specific description of the intended uses of the digital replica. (B) Failure to include a reasonably specific description of the intended uses of a digital replica does not render the provision unenforceable if the uses are consistent with the terms of the contract for the performance of personal or professional services and the fundamental character of the photography or soundtrack as recorded or performed. (3) The individual was not represented in any of the following manners: (A) By legal counsel who negotiated on behalf of the individual licensing the individual’s digital replica rights, and the commercial terms are stated clearly and conspicuously in a contract or other writing signed or initialed by the individual. (B) By a labor union representing workers who do the proposed work, and the terms of their collective bargaining agreement expressly addresses uses of digital replicas. (b) This section does not affect provisions of a contract other than a provision that falls under subdivision (a) and does not impact, abrogate, or otherwise affect any exclusivity grants contained in, or related to, a provision subject to subdivision (a). (c) (1) As used in this section, “digital replica” means a computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that is embodied in a sound recording, image, audiovisual work, or transmission in which the actual individual either did not actually perform or appear, or the actual individual did perform or appear, but the fundamental character of the performance or appearance has been materially altered. (2) “Digital replica” does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyrightholder. (Added by Stats. 2024, Ch. 259, Sec. 1. (AB 2602) Effective January 1, 2025.) - 93. Verify source ↗
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )
Courts must enforce subpoenas issued by the Labor Commissioner, his deputies, or agents. Willfully ignoring such a subpoena is a misdemeanor when the subpoena requires an appearance 100 miles or less from the place of service.
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 93. Obedience to subpoenas issued by the Labor Commissioner, or his deputies or agents shall be enforced by the courts. It is a misdemeanor to ignore willfully such a subpoena if it calls for an appearance at a distance from the place of service of 100 miles, or less. (Amended by Stats. 1976, Ch. 1190.) - 94. Verify source ↗
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )
The division office must be open for business from 9:00 a.m. to 5:00 p.m. on every day except nonjudicial days, and its officers must give requested needed information to people who ask for it.
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 94. The office of the division shall be open for business from 9 o'clock a.m. until 5 o'clock p.m. every day except nonjudicial days, and the officers thereof shall give to all persons requesting it all needed information which they may possess. (Enacted by Stats. 1937, Ch. 90.) - 95. Verify source ↗
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )
The division may enforce certain labor laws, and specified officials may arrest without a warrant, serve process and notices, and use a citation procedure in some misdemeanor arrests.
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 95. (a) The division may enforce the provisions of this code and all labor laws of the state the enforcement of which is not specifically vested in any other officer, board or commission. Except as provided in subdivision (d), in the enforcement of such provisions and laws, the director, deputy director, and such officers and employees as the director may designate, shall only have the authority, as public officers, to arrest without a warrant, any person who, in his presence, has violated or as to whom there is probable cause to believe has violated any of such provisions and laws. In any case in which an arrest authorized by this subdivision is made for an offense declared to be a misdemeanor, and the person arrested does not demand to be taken before a magistrate, the arresting officer may, instead of taking such person before a magistrate, follow the procedure prescribed by Chapter 5C (commencing with Section 853.6) of Title 3 of Part 2 of the Penal Code. The provisions of such chapter shall thereafter apply with reference to any proceeding based upon the issuance of a citation pursuant to this authority. (b) There shall be no civil liability on the part of and no cause of action shall arise against any person, acting pursuant to this section and within the scope of his authority, for false arrest or false imprisonment arising out of any arrest which is lawful or which the arresting officer, at the time of such arrest, had reasonable cause to believe was lawful. No such officer shall be deemed an aggressor or lose his right to self-defense by the use of reasonable force to effect the arrest or to prevent escape or to overcome resistance. (c) The director, deputy director, and such officers and employees as the director may designate, may serve all processes and notices throughout the state. (d) With respect to the enforcement of the provisions of this code and other labor laws as provided in subdivision (a), all officers and employees designated by the Labor Commissioner as investigators, shall have the authority of peace officers to make arrests, and may serve processes and notices as provided in subdivision (c). (Amended by Stats. 1971, Ch. 701.) - 96. Verify source ↗
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )
The Labor Commissioner and authorized deputies or representatives must take assignments of certain employee claims when a claim is filed with the Labor Commissioner.
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 96. The Labor Commissioner and the deputies and representatives authorized by the commissioner in writing shall, upon the filing of a claim therefor by an employee, or an employee representative authorized in writing by an employee, with the Labor Commissioner, take assignments of: (a) Wage claims and incidental expense accounts and advances. (b) Mechanics’ and other liens of employees. (c) Claims based on “stop orders” for wages and on bonds for labor. (d) Claims for damages for misrepresentations of conditions of employment. (e) Claims for unreturned bond money of employees. (f) Claims for penalties for nonpayment of wages. (g) Claims for the return of workers’ tools in the illegal possession of another person. (h) Claims for vacation pay, severance pay, or other compensation supplemental to a wage agreement. (i) Awards for workers’ compensation benefits in which the Workers’ Compensation Appeals Board has found that the employer has failed to secure payment of compensation and where the award remains unpaid more than 10 days after having become final. (j) Claims for loss of wages as the result of discharge from employment for the garnishment of wages. (k) Claims for loss of wages as the result of demotion, suspension, or discharge from employment for lawful conduct occurring during nonworking hours away from the employer’s premises. (l) Claims for violations of standards issued by the Fast Food Council pursuant to Part 4.5.5 (commencing with Section 1470) of Division 2. (Amended by Stats. 2022, Ch. 246, Sec. 3. (AB 257) Effective January 1, 2023.) - 96.1. Verify source ↗
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )
The division must file an annual report with the Department of Finance and specified legislative committees, covering wage-claims data from the prior year and a discussion of wage-claim process challenges and improvements.
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 96.1. (a) By March 1, 2022, and by that date annually thereafter, the division shall submit a report to the Department of Finance and the budget committees and relevant policy committees of the Legislature that includes the following information pertaining to the prior calendar year: (1) The number of wage claims submitted. (2) The number and type of alleged labor law violations in those claims. (3) The average estimated prehearing amounts of unpaid wages, penalties, and other demands for compensation, including, but not limited to, liquidated damages. (4) The total of unpaid wages, penalties, and other compensation, including, but not limited to, liquidated damages, agreed to in settlements enforceable by the Labor Commissioner. (5) The total of unpaid wages, penalties, and other compensation, including, but not limited to, liquidated damages, payable to aggrieved employees under orders, decisions, and awards issued during the reporting year pursuant to Section 98. (6) The total amount of wages, penalties, and other compensation, including, but not limited to, liquidated damages, arising from orders, decisions, and awards issued during the reporting year that remain unpaid. (b) The information provided in subdivision (a) shall also be broken down by industry sectors. (c) The division shall also include in each annual report a discussion of the major challenges to adjudicating wage claims, ongoing efforts to address those challenges, and options to improve the state’s wage claim process. (d) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code. (e) This section shall remain in effect only until January 1, 2031, and as of that date is repealed. (Added by Stats. 2020, Ch. 14, Sec. 6. (AB 82) Effective June 29, 2020. Repealed as of January 1, 2031, by its own provisions.) - 96.3. Verify source ↗
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )
Covered employees may be represented by their collective bargaining representative when filing wage claims with the Labor Commissioner, but an employee can reject that representation and act for themself.
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 96.3. In cases where employees are covered by a collective bargaining agreement, the collective bargaining representative by virtue of such agreement may be the assignee of all such covered employees for purposes of filing claims for wages with the Labor Commissioner, subject to the option of the employee to reject such representation and to represent himself or herself. (Added by Stats. 1976, Ch. 1029.) - 96.5. Verify source ↗
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )
The Labor Commissioner must hold hearings needed for Section 7071.11 and must certify specified findings in writing to the appropriate court in actions to recover a cash deposit after a Section 7071.11 determination.
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 96.5. The Labor Commissioner shall conduct such hearings as may be necessary for the purpose of Section 7071.11 of the Business and Professions Code. In any action to recover upon a cash deposit after a determination made under Section 7071.11, the Labor Commissioner shall certify in writing to the appropriate court that he has heard and determined the validity of claims and demands and that the sum specified therein is the amount found due and payable. The certificate of the commissioner shall be considered by the court but shall not, by itself, be sufficient evidence to support a judgment. (Added by Stats. 1974, Ch. 201.) - 96.6. Verify source ↗
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )
The section creates the Industrial Relations Unpaid Wage Fund in the State Treasury and says it is continuously appropriated for subdivision (c) of Section 96.7.
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 96.6. The Industrial Relations Unpaid Wage Fund is hereby created as a special fund in the State Treasury, which is continuously appropriated for the purposes of subdivision (c) of Section 96.7. (Added by Stats. 1975, Ch. 714.) - 96.7. Verify source ↗
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )
The Labor Commissioner may collect unpaid wages or benefits for a California worker after investigation and a finding that they are due, and must place, track, and remit the money through the Industrial Relations Unpaid Wage Fund.
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 96.7. The Labor Commissioner, after investigation and upon determination that wages or monetary benefits are due and unpaid to any worker in the State of California, may collect such wages or benefits on behalf of the worker without assignment of such wages or benefits to the commissioner. (a) The Labor Commissioner shall act as trustee of all such collected unpaid wages or benefits, and shall deposit such collected moneys in the Industrial Relations Unpaid Wage Fund. (b) The Labor Commissioner shall make a diligent search to locate any worker for whom the Labor Commissioner has collected unpaid wages or benefits. (c) All wages or benefits collected under this section shall be remitted to the worker, his lawful representative, or to any trust or custodial fund established under a plan to provide health and welfare, pension, vacation, retirement, or similar benefits from the Industrial Relations Unpaid Wage Fund. (d) Any unpaid wages or benefits collected by the Labor Commissioner pursuant to this section shall be retained in the Industrial Relations Unpaid Wage Fund until remitted pursuant to subdivision (c), or until deposited in the General Fund. (e) The Controller shall, at the end of each fiscal year, transfer to the General Fund the unencumbered balance, less six months of expenditures as determined by the Director of Finance, in the Industrial Relations Unpaid Wage Fund. (f) All wages or benefits collected under this section which cannot be remitted from the Industrial Relations Unpaid Wage Fund pursuant to subdivision (c) because money has been transmitted to the General Fund shall be paid out of the General Fund from funds appropriated for that purpose. (Amended by Stats. 2005, Ch. 74, Sec. 54. Effective July 19, 2005.) - 96.8. Verify source ↗
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )
The Labor Commissioner may use a notice of levy to collect judgment amounts, and persons holding the debtor’s money or property must surrender it or pay it over within 10 days.
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 96.8. (a) Notwithstanding any other law, beginning 20 days after a judgment is entered by a court of competent jurisdiction in favor of the Labor Commissioner, or in favor of any employee pursuant to subdivision (e) of Section 98.2, the Labor Commissioner may, with the consent of any employee in whose favor the judgment is entered, collect any outstanding amount of the judgment by mailing a notice of levy upon all persons having in their possession, or who will have in their possession or under their control, any credits, money, or property belonging to the judgment debtor, or who owe any debt to the judgment debtor at the time they receive the notice of levy. (b) Notwithstanding any other law, the Labor Commissioner may execute a levy on any property that may be levied under Section 700.140, 700.150, 700.160, or 700.170 of the Code of Civil Procedure by mailing a notice of levy to the person against whom the levy is directed and serving a copy on the judgment debtor. The notice of levy shall contain all of the information required to be included in a writ of execution under Section 699.520 of the Code of Civil Procedure and in a notice of levy under Section 699.540 of the Code of Civil Procedure. (c) Any person, upon whom a levy has been noticed having in his or her possession or under his or her control any credits, money, or property belonging to the judgment debtor or owing any debts to the judgment debtor at the time of receipt of the levy or coming into his or her possession or under his or her control within one year of receipt of the notice of levy, shall surrender the credits, money, or property to the Labor Commissioner or pay to the Labor Commissioner the amount of any debt owed to the judgment debtor within 10 days of service of the levy, and shall surrender the credits or property, or the amount of any debt owing to the judgment debtor coming into his or her own possession or control within one year of receipt of the notice of levy within 10 days of the date of coming into possession or control of the credits or property or the amount of any debt owed to the judgment debtor. (d) Any person who surrenders to the Labor Commissioner pursuant to this section any credits, money, or property, or pays the debts owed to the judgment debtor, shall be discharged from any obligation or liability to the judgment debtor to the extent of the amount paid to the Labor Commissioner as a result of the levy. (e) If the levy is made on a deposit or credits, money, or property in the possession or under the control of a bank, savings and loan association, or other financial institution as defined by Section 669a(d)(1) of Title 42 of the United States Code, the notice of levy may be delivered or mailed to a centralized location designated by the bank, savings and loan association, or other financial institution pursuant to Section 690.050 of the Code of Civil Procedure. (f) Any person who is noticed with a levy pursuant to this section and who fails or refuses to surrender any credits, money, or property or pay any debts owed to the judgment debtor shall be liable in his or her own person or estate to the Labor Commissioner in an amount equal to the value of the credits, money, or other property or in the amount of the levy, up to the amount specified in the levy. (g) The fees, commissions, expenses, and the reasonable costs associated with the sale of property levied upon by warrant or levy pursuant to this section, including, but not limited to, appraisers’ fees, auctioneers’ fees, and advertising fees are an obligation of the judgment debtor and may be collected from the judgment debtor by virtue of the warrant or levy or in any other manner as though these items were part of the judgment or award outstanding. (h) This section shall not apply to the judgment debtor’s interest in real property. (i) This section shall not apply if enforcement of the judgment has been stayed on appeal pursuant to Chapter 2 (commencing with Section 916) of Title 13 of Part 2 of the Code of Civil Procedure. (Added by Stats. 2015, Ch. 803, Sec. 2. (SB 588) Effective January 1, 2016.) - 97. Verify source ↗
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )
The Labor Commissioner, deputies, and representatives are not bound by certain technical rules about assignments of claims.
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 97. The Labor Commissioner, his deputies and representatives shall not be bound by any rule requiring the consent of the spouse of a married claimant, the filing of a lien for record before it is assigned, or prohibiting the assignment of a claim for penalty before the claim has been incurred or any other technical rule with reference to the validity of assignments. (Amended by Stats. 1939, Ch. 1114.) - 970. Verify source ↗
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Solicitation of Employees by Misrepresentation [970 - 977] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )
A person, or that person’s agent or officer, must not use knowingly false statements to persuade someone to move for work.
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Solicitation of Employees by Misrepresentation [970 - 977] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 970. No person, or agent or officer thereof, directly or indirectly, shall influence, persuade, or engage any person to change from one place to another in this State or from any place outside to any place within the State, or from any place within the State to any place outside, for the purpose of working in any branch of labor, through or by means of knowingly false representations, whether spoken, written, or advertised in printed form, concerning either: (a) The kind, character, or existence of such work; (b) The length of time such work will last, or the compensation therefor; (c) The sanitary or housing conditions relating to or surrounding the work; (d) The existence or nonexistence of any strike, lockout, or other labor dispute affecting it and pending between the proposed employer and the persons then or last engaged in the performance of the labor for which the employee is sought. (Enacted by Stats. 1937, Ch. 90.) - 971. Verify source ↗
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Solicitation of Employees by Misrepresentation [970 - 977] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )
A person, agent, or officer who violates Section 970 commits a misdemeanor and may be fined, imprisoned for up to six months, or both.
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Solicitation of Employees by Misrepresentation [970 - 977] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 971. Any person, or agent or officer thereof, who violates Section 970 is guilty of a misdemeanor punishable by a fine of not less than fifty dollars ($50) nor more than one thousand dollars ($1,000) or imprisonment for not more than six months or both. (Amended by Stats. 1983, Ch. 1092, Sec. 197. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.) - 972. Verify source ↗
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Solicitation of Employees by Misrepresentation [970 - 977] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )
A person who violates Section 970 can be sued for double damages, and the injured person may bring that civil action without first proving a criminal case.
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Solicitation of Employees by Misrepresentation [970 - 977] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 972. In addition to such criminal penalty, any person, or agent or officer thereof who violates any provision of Section 970 is liable to the party aggrieved, in a civil action, for double damages resulting from such misrepresentations. Such civil action may be brought by an aggrieved person or his assigns or successors in interest, without first establishing any criminal liability. (Enacted by Stats. 1937, Ch. 90.) - 973. Verify source ↗
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Solicitation of Employees by Misrepresentation [970 - 977] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )
When recruiting during an active strike, lockout, or other trade dispute, the person must clearly say that the labor disturbance exists, and must include the required names in the advertisement or communication.
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Solicitation of Employees by Misrepresentation [970 - 977] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 973. If any person advertises for, or seeks employees by means of newspapers, posters, letters, or otherwise, or solicits or communicates by letter or otherwise with persons to work for him or the person for whom he is acting, or to work at any shop, plant, or establishment while a strike, lockout, or other trade dispute is still in active progress at such shop, plant, or establishment, he shall plainly and explicitly mention in such advertisement or oral or written solicitations or communications that a strike, lockout, or other labor disturbance exists. The person inserting any such advertisement, solicitation, or communication in a newspaper, on a poster, or otherwise, shall insert in such advertisement, solicitation or communication his own name and, if he is representing another, the name of the person he is representing and at whose direction and under whose authority he is inserting the advertisement, solicitation or communication. The appearance of this name in connection with such advertisement, solicitation or communication is prima facie evidence as to the person responsible for the advertisement, solicitation or communication. (Amended by Stats. 1947, Ch. 281.) - 974. Verify source ↗
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Solicitation of Employees by Misrepresentation [970 - 977] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )
A person, or that person’s agent or officer, who violates Section 973 commits a misdemeanor.
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Solicitation of Employees by Misrepresentation [970 - 977] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 974. Any person, or agent or officer thereof, who violates Section 973 is guilty of a misdemeanor. (Amended by Stats. 1943, Ch. 1024.) - 976. Verify source ↗
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Solicitation of Employees by Misrepresentation [970 - 977] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )
A person must not publish or cause to be published job advertisements for salesmen, brokers, or agents that mislead or falsely state possible compensation or commissions.
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Solicitation of Employees by Misrepresentation [970 - 977] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 976. No person shall publish or cause to be published any advertisement, solicitation or communication in any newspaper, poster or letter, offering employment as a salesman, broker or agent, whether as an employee or independent contractor, which advertisement, solicitation or communication (a) is willfully designed to mislead any person as to compensation or commissions which may be earned; or (b) falsely represents the compensation or commissions which may be earned. This section shall not be applicable to any publisher of a newspaper, magazine, or other publication, who publishes an advertisement, solicitation or communication in good faith, without knowledge of its false, deceptive or misleading character. (Amended by Stats. 1970, Ch. 243.) - 977. Verify source ↗
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Solicitation of Employees by Misrepresentation [970 - 977] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )
Anyone, or their agent or officer, who violates Section 976 commits a misdemeanor.
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Solicitation of Employees by Misrepresentation [970 - 977] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 977. Any person, or agent or officer thereof, who violates Section 976 is guilty of a misdemeanor. (Added by Stats. 1961, Ch. 1583.) - 98. Verify source ↗
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )
Section 98 gives the Labor Commissioner authority over certain wage-claim proceedings, sets hearing and notice deadlines, and requires parties to update address changes while the matter is pending.
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 98. (a) The Labor Commissioner is authorized to investigate employee complaints. The Labor Commissioner may provide for a hearing in any action to recover wages, penalties, and other demands for compensation, including liquidated damages if the complaint alleges payment of a wage less than the minimum wage fixed by an order of the Industrial Welfare Commission or by statute, properly before the division or the Labor Commissioner, including orders of the Industrial Welfare Commission, and shall determine all matters arising under his or her jurisdiction. The Labor Commissioner may also provide for a hearing to recover civil penalties due pursuant to Section 558 against any employer or other person acting on behalf of an employer, including, but not limited to, an individual liable pursuant to Section 558.1. It is within the jurisdiction of the Labor Commissioner to accept and determine claims from holders of payroll checks or payroll drafts returned unpaid because of insufficient funds, if, after a diligent search, the holder is unable to return the dishonored check or draft to the payee and recover the sums paid out. Within 30 days of the filing of the complaint, the Labor Commissioner shall notify the parties as to whether a hearing will be held, whether action will be taken in accordance with Section 98.3, or whether no further action will be taken on the complaint. If the determination is made by the Labor Commissioner to hold a hearing, the hearing shall be held within 90 days of the date of that determination. However, the Labor Commissioner may postpone or grant additional time before setting a hearing if the Labor Commissioner finds that it would lead to an equitable and just resolution of the dispute. A party who has received actual notice of a claim before the Labor Commissioner shall, while the matter is before the Labor Commissioner, notify the Labor Commissioner in writing of any change in that party’s business or personal address within 10 days after the change in address occurs. It is the intent of the Legislature that hearings held pursuant to this section be conducted in an informal setting preserving the rights of the parties. (b) When a hearing is set, a copy of the complaint, which shall include the amount of compensation requested, together with a notice of time and place of the hearing, shall be served on all parties, personally or by certified mail, or in the manner specified in Section 415.20 of the Code of Civil Procedure. (c) Within 10 days after service of the notice and the complaint, a defendant may file an answer with the Labor Commissioner in any form as the Labor Commissioner may prescribe, setting forth the particulars in which the complaint is inaccurate or incomplete and the facts upon which the defendant intends to rely. (d) No pleading other than the complaint and answer of the defendant or defendants shall be required. Both shall be in writing and shall conform to the form and the rules of practice and procedure adopted by the Labor Commissioner. (e) Evidence on matters not pleaded in the answer shall be allowed only on terms and conditions the Labor Commissioner shall impose. In all these cases, the claimant shall be entitled to a continuance for purposes of review of the new evidence. (f) If the defendant fails to appear or answer within the time allowed under this chapter, no default shall be taken against him or her, but the Labor Commissioner shall hear the evidence offered and shall issue an order, decision, or award in accordance with the evidence. A defendant failing to appear or answer, or subsequently contending to be aggrieved in any manner by want of notice of the pendency of the proceedings, may apply to the Labor Commissioner for relief in accordance with Section 473 of the Code of Civil Procedure. The Labor Commissioner may afford this relief. No right to relief, including the claim that the findings or award of the Labor Commissioner or judgment entered thereon are void upon their face, shall accrue to the defendant in any court unless prior application is made to the Labor Commissioner in accordance with this chapter. (g) All hearings conducted pursuant to this chapter are governed by the division and by the rules of practice and procedure adopted by the Labor Commissioner. (h) (1) Whenever a claim is filed under this chapter against a person operating or doing business under a fictitious business name, as defined in Section 17900 of the Business and Professions Code, which relates to the person’s business, the division shall inquire at the time of the hearing whether the name of the person is the legal name under which the business or person has been licensed, registered, incorporated, or otherwise authorized to do business. (2) The division may amend an order, decision, or award to conform to the legal name of the business or the person who is the defendant to a wage claim, if it can be shown that proper service was made on the defendant or his or her agent, unless a judgment had been entered on the order, decision, or award pursuant to subdivision (d) of Section 98.2. The Labor Commissioner may apply to the clerk of the superior court to amend a judgment that has been issued pursuant to a final order, decision, or award to conform to the legal name of the defendant, if it can be shown that proper service was made on the defendant or his or her agent. (Amended by Stats. 2015, Ch. 803, Sec. 3. (SB 588) Effective January 1, 2016.) - 98.1. Verify source ↗
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )
The Labor Commissioner must file and serve copies of hearing decisions or awards, and the notice must tell the parties about appeal rights and the consequences of missing the appeal period.
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 98.1. (a) Within 15 days after the hearing is concluded, the Labor Commissioner shall file in the office of the division a copy of the order, decision, or award. The order, decision, or award shall include a summary of the hearing and the reasons for the decision. Upon filing of the order, decision, or award, the Labor Commissioner shall serve a copy of the decision personally, by first-class mail, or in the manner specified in Section 415.20 of the Code of Civil Procedure on the parties. The notice shall also advise the parties of their right to appeal the decision or award and further advise the parties that failure to do so within the period prescribed by this chapter shall result in the decision or award becoming final and enforceable as a judgment by the superior court. (b) For the purpose of this section, an award shall include any sums found owing, damages proved, and any penalties awarded pursuant to this code. (c) All awards granted pursuant to a hearing under this chapter shall accrue interest on all due and unpaid wages at the same rate as prescribed by subdivision (b) of Section 3289 of the Civil Code. The interest shall accrue until the wages are paid from the date that the wages were due and payable as provided in Part 1 (commencing with Section 200) of Division 2. (Amended by Stats. 2005, Ch. 405, Sec. 2. Effective January 1, 2006.) - 98.10. Verify source ↗
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )
The Labor Commissioner must create a model workplace-rights and wage-and-hour notice by June 1, 2017, make it available on the Commissioner’s website, and include specified topics and translations.
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 98.10. (a) On or before June 1, 2017, the Labor Commissioner shall develop a model notice pertaining to workplace rights and wage and hour laws for employees of establishments licensed under Chapter 10 (commencing with Section 7301) of Division 3 of the Business and Professions Code. The model posting notice shall be developed using plain language, and in all languages listed in subdivision (c), and be accessible on the Labor Commissioner’s Internet Web site so that it is reasonably accessible to an establishment that must comply with Section 7353.4 of the Business and Professions Code. (b) The model notice shall include information, including, but not limited to, all of the following: (1) Misclassification of an employee as an independent contractor. (2) Wage and hour laws, including, but not limited to, minimum wage, overtime compensation, meal periods, and rest periods. (3) Tip or gratuity distribution. (4) How to report violations of the law. (5) Business expense reimbursement. (6) Protection from retaliation. (c) The model notice shall include full text translations in Spanish, Vietnamese, and Korean. (Added by Stats. 2016, Ch. 357, Sec. 2. (AB 2437) Effective January 1, 2017.) - 98.11. Verify source ↗
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )
The Labor Commissioner must develop a model list of employees’ rights and responsibilities under the whistleblower laws and make it accessible on the Labor Commissioner’s website.
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 98.11. The Labor Commissioner shall develop a model list of employees’ rights and responsibilities under the whistleblower laws that complies with the requirements of subdivision (a) of Section 1102.8. The model list shall be accessible on the Labor Commissioner’s internet website so that it is reasonably accessible to an employer. (Added by Stats. 2024, Ch. 105, Sec. 1. (AB 2299) Effective January 1, 2025.) - 98.2. Verify source ↗
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )
This section sets appeal, payment, and enforcement rules for Labor Commissioner orders, decisions, or awards.
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 98.2. (a) Within 10 days after service of notice of an order, decision, or award, the parties may seek review by filing an appeal to the superior court, where the appeal shall be heard de novo. The court shall charge the first paper filing fee under Section 70611 of the Government Code to the party seeking review. The fee shall be distributed as provided in Section 68085.3 of the Government Code. A copy of the appeal request shall be served upon the Labor Commissioner by the appellant. For purposes of computing the 10-day period after service, Section 1013 of the Code of Civil Procedure is applicable. (b) As a condition to filing an appeal pursuant to this section, an employer shall first post an undertaking with the reviewing court in the amount of the order, decision, or award. The undertaking shall consist of an appeal bond issued by a licensed surety or a cash deposit with the court in the amount of the order, decision, or award. The employer shall provide written notification to the other parties and the Labor Commissioner of the posting of the undertaking. The undertaking shall be on the condition that, if any judgment is entered in favor of the employee, the employer shall pay the amount owed pursuant to the judgment, and if the appeal is withdrawn or dismissed without entry of judgment, the employer shall pay the amount owed pursuant to the order, decision, or award of the Labor Commissioner unless the parties have executed a settlement agreement for payment of some other amount, in which case the employer shall pay the amount that the employer is obligated to pay under the terms of the settlement agreement. If the employer fails to pay the amount owed within 10 days of entry of the judgment, dismissal, or withdrawal of the appeal, or the execution of a settlement agreement, a portion of the undertaking equal to the amount owed, or the entire undertaking if the amount owed exceeds the undertaking, is forfeited to the employee. (c) If the party seeking review by filing an appeal to the superior court is unsuccessful in the appeal, the court shall determine the costs and reasonable attorney’s fees incurred by the other parties to the appeal, and assess that amount as a cost upon the party filing the appeal. An employee is successful if the court awards an amount greater than zero. (d) If no notice of appeal of the order, decision, or award is filed within the period set forth in subdivision (a), the order, decision, or award shall, in the absence of fraud, be deemed the final order. (e) The Labor Commissioner shall file, within 10 days of the order becoming final pursuant to subdivision (d), a certified copy of the final order with the clerk of the superior court of the appropriate county unless a settlement has been reached by the parties and approved by the Labor Commissioner. Judgment shall be entered immediately by the court clerk in conformity therewith. The judgment so entered has the same force and effect as, and is subject to all of the provisions of law relating to, a judgment in a civil action, and may be enforced in the same manner as any other judgment of the court in which it is entered. Enforcement of the judgment shall receive court priority. (f) (1) In order to ensure that judgments are satisfied, the Labor Commissioner may serve upon the judgment debtor, personally or by first-class mail at the last known address of the judgment debtor listed with the division, a form similar to, and requiring the reporting of the same information as, the form approved or adopted by the Judicial Council for purposes of subdivision (a) of Section 116.830 of the Code of Civil Procedure to assist in identifying the nature and location of any assets of the judgment debtor. (2) The judgment debtor shall complete the form and cause it to be delivered to the division at the address listed on the form within 35 days after the form has been served on the judgment debtor, unless the judgment has been satisfied. In the case of a willful failure by the judgment debtor to comply with this subdivision, the division or the judgment creditor may request the court to apply the sanctions provided in Section 708.170 of the Code of Civil Procedure. (g) (1) As an alternative to a judgment lien, upon the order becoming final pursuant to subdivision (d), a lien on real property may be created by the Labor Commissioner recording a certificate of lien, for amounts due under the final order and in favor of the employee or employees named in the order, with the county recorder of any county in which the employer’s real property may be located, at the Labor Commissioner’s discretion and depending upon information the Labor Commissioner obtains concerning the employer’s assets. The lien attaches to all interests in real property of the employer located in the county where the lien is created to which a judgment lien may attach pursuant to Section 697.340 of the Code of Civil Procedure. (2) The certificate of lien shall include information as prescribed by Section 27288.1 of the Government Code. (3) The recorder shall accept and record the certificate of lien and shall index it as prescribed by law. (4) Upon payment of the amount due under the final order, the Labor Commissioner shall issue a certificate of release, releasing the lien created under paragraph (1). The certificate of release may be recorded by the employer at the employer’s expense. (5) Unless the lien is satisfied or released, a lien under this section shall continue until 10 years from the date of its creation. (h) Notwithstanding subdivision (e), the Labor Commissioner may stay execution of any judgment entered upon an order, decision, or award that has become final upon good cause appearing therefor and may impose the terms and conditions of the stay of execution. A certified copy of the stay of execution shall be filed with the clerk entering the judgment. (i) When a judgment is satisfied in fact, other than by execution, the Labor Commissioner may, upon the motion of either party or on its own motion, order entry of satisfaction of judgment. The clerk of the court shall enter a satisfaction of judgment upon the filing of a certified copy of the order. (j) The Labor Commissioner shall make every reasonable effort to ensure that judgments are satisfied, including taking all appropriate legal action and requiring the employer to deposit a bond as provided in Section 240. (k) The judgment creditor, or the Labor Commissioner or a public prosecutor, as defined in Section 180, as assignee of the judgment creditor, shall be awarded court costs and reasonable attorney’s fees for enforcing the judgment that is rendered pursuant to this section. (Amended by Stats. 2025, Ch. 747, Sec. 2. (SB 261) Effective January 1, 2026.) - 98.3. Verify source ↗
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )
The Labor Commissioner may bring court actions to collect certain wages, penalties, and other amounts, and to recover workers’ tools in illegal possession.
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 98.3. (a) The Labor Commissioner may prosecute all actions for the collection of wages, penalties, and demands of persons who in the judgment of the Labor Commissioner are financially unable to employ counsel and the Labor Commissioner believes have claims which are valid and enforceable. The Labor Commissioner may also prosecute actions for the return of worker’s tools which are in the illegal possession of another person. (b) The Labor Commissioner may prosecute action for the collection of wages and other moneys payable to employees or to the state arising out of an employment relationship or order of the Industrial Welfare Commission. (c) The Labor Commissioner may also prosecute actions for wages or other monetary benefits that are due the Industrial Relations Unpaid Wage Fund. (Added by Stats. 1976, Ch. 1190.) - 98.4. Verify source ↗
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )
The Labor Commissioner may or must represent certain claimants in specified de novo, arbitral, or enforceability proceedings, and petitions to compel arbitration must be served on the Labor Commissioner.
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 98.4. (a) The Labor Commissioner may, upon the request of a claimant financially unable to afford counsel, represent such claimant in the de novo proceedings provided for in Section 98.2, notwithstanding whether such proceedings are held in a judicial or arbitral forum. In the event that such claimant is attempting to uphold the amount awarded by the Labor Commissioner and is not objecting to any part of the Labor Commissioner’s final order, the Labor Commissioner shall represent the claimant. (b) A wage claimant unable to have their claim adjudicated and decided by the Labor Commissioner under Sections 98 and 98.1 as the result of entry of a court order compelling arbitration may request that the Labor Commissioner represent the claimant in the arbitral proceeding. The Labor Commissioner shall represent the claimant in the arbitral proceeding if the claimant is financially unable to afford counsel, and if the Labor Commissioner determines, upon conclusion of an informal investigation, that the claim has merit. (c) A petition to compel arbitration of a claim that is pending under Section 98, 98.1 or 98.2 shall be served on the Labor Commissioner. Upon request of a claimant, the Labor Commissioner shall have the right to represent the claimant in proceedings to determine the enforceability of the arbitration agreement, notwithstanding whether the adjudication of the enforceability of the arbitration agreement is conducted in a judicial or arbitral forum. (Amended by Stats. 2020, Ch. 239, Sec. 1. (SB 1384) Effective January 1, 2021.) - 98.5. Verify source ↗
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )
The Labor Commissioner has the right to intervene in certain court proceedings.
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 98.5. The Labor Commissioner shall have the right to intervene in any court proceedings conducted pursuant to Section 98.2 where questions of the interpretation of statutes or administrative regulations are present. (Repealed and added by Stats. 1976, Ch. 1190.) - 98.6. Verify source ↗
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )
This section bars retaliation or other adverse action against employees and applicants for protected conduct, and gives affected workers and applicants remedies and penalties against violating employers.
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 98.6. (a) A person shall not discharge an employee or in any manner discriminate, retaliate, or take any adverse action against any employee or applicant for employment because the employee or applicant engaged in any conduct delineated in this chapter, including the conduct described in subdivision (k) of Section 96, and Chapter 5 (commencing with Section 1101) of Part 3 of Division 2, or because the employee or applicant for employment has filed a bona fide complaint or claim or instituted or caused to be instituted any proceeding under or relating to their rights that are under the jurisdiction of the Labor Commissioner, made a written or oral complaint that they are owed unpaid wages, or because the employee has initiated any action or notice pursuant to Section 2699, or has testified or is about to testify in a proceeding pursuant to that section, or because of the exercise by the employee or applicant for employment on behalf of themselves or others of any rights afforded them. (b) (1) Any employee who is discharged, threatened with discharge, demoted, suspended, retaliated against, subjected to an adverse action, or in any other manner discriminated against in the terms and conditions of their employment because the employee engaged in any conduct delineated in this chapter, including the conduct described in subdivision (k) of Section 96, and Chapter 5 (commencing with Section 1101) of Part 3 of Division 2, or because the employee has made a bona fide complaint or claim to the division pursuant to this part, or because the employee has initiated any action or notice pursuant to Section 2699 shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by those acts of the employer. If an employer engages in any action prohibited by this section within 90 days of the protected activity specified in this section, there shall be a rebuttable presumption in favor of the employee’s claim. (2) An employer who willfully refuses to hire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure, arbitration, or hearing authorized by law, is guilty of a misdemeanor. (3) In addition to other remedies available, an employer who violates this section is liable for a civil penalty not exceeding ten thousand dollars ($10,000) per employee for each violation of this section, to be awarded to the employee or employees who suffered the violation. (c) (1) Any applicant for employment who is refused employment, who is not selected for a training program leading to employment, or who in any other manner is discriminated against in the terms and conditions of any offer of employment because the applicant engaged in any conduct delineated in this chapter, including the conduct described in subdivision (k) of Section 96, and Chapter 5 (commencing with Section 1101) of Part 3 of Division 2, or because the applicant has made a bona fide complaint or claim to the division pursuant to this part, or because the employee has initiated any action or notice pursuant to Section 2699 shall be entitled to employment and reimbursement for lost wages and work benefits caused by the acts of the prospective employer. (2) This subdivision shall not be construed to invalidate any collective bargaining agreement that requires an applicant for a position that is subject to the collective bargaining agreement to sign a contract that protects either or both of the following as specified in subparagraphs (A) and (B), nor shall this subdivision be construed to invalidate any employer requirement of an applicant for a position that is not subject to a collective bargaining agreement to sign an employment contract that protects either or both of the following: (A) An employer against any conduct that is actually in direct conflict with the essential enterprise-related interests of the employer and where breach of that contract would actually constitute a material and substantial disruption of the employer’s operation. (B) A firefighter against any disease that is presumed to arise in the course and scope of employment, by limiting their consumption of tobacco products on and off the job. (d) The provisions of this section creating new actions or remedies that are effective on January 1, 2002, to employees or applicants for employment do not apply to any state or local law enforcement agency, any religious association or corporation specified in subdivision (d) of Section 12926 of the Government Code, except as provided in Section 12926.2 of the Government Code, or any person described in Section 1070 of the Evidence Code. (e) An employer, or a person acting on behalf of the employer, shall not retaliate against an employee because the employee is a family member of a person who has, or is perceived to have, engaged in any conduct delineated in this chapter. (f) For purposes of this section, “employer” or “a person acting on behalf of the employer” includes, but is not limited to, a client employer as defined in paragraph (1) of subdivision (a) of Section 2810.3 and an employer listed in subdivision (b) of Section 6400. (g) Subdivisions (e) and (f) shall not apply to claims arising under subdivision (k) of Section 96 unless the lawful conduct occurring during nonwork hours away from the employer’s premises involves the exercise of employee rights otherwise covered under subdivision (a). (Amended by Stats. 2023, Ch. 612, Sec. 1. (SB 497) Effective January 1, 2024.) - 98.7. Verify source ↗
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )
People claiming unlawful discharge or discrimination may file a complaint with the division within one year, and the Labor Commissioner must investigate and may order relief.
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 98.7. (a) (1) Any person who believes that they have been discharged or otherwise discriminated against in violation of any law under the jurisdiction of the Labor Commissioner may file a complaint with the division within one year after the occurrence of the violation. The one-year period may be extended for good cause. The complaint shall be investigated by a discrimination complaint investigator in accordance with this section. The Labor Commissioner shall establish procedures for the investigation of discrimination complaints, including, but not limited to, relief pursuant to paragraph (2) of subdivision (b). A summary of the procedures shall be provided to each complainant and respondent at the time of initial contact. The Labor Commissioner shall inform complainants charging a violation of Section 6310 or 6311, at the time of initial contact, of the complainant’s right to file a separate, concurrent complaint with the United States Department of Labor within 30 days after the occurrence of the violation. (2) The division may, with or without receiving a complaint, commence investigating an employer, in accordance with this section, that it suspects to have discharged or otherwise discriminated against an individual in violation of any law under the jurisdiction of the Labor Commissioner. The division may proceed without a complaint in those instances where suspected retaliation has occurred during the course of adjudicating a wage claim pursuant to Section 98, or during a field inspection pursuant to Section 90.5, in accordance with this section, or in instances of suspected immigration-related threats in violation of Section 244, 1019, or 1019.1. (b) (1) Each complaint of unlawful discharge or discrimination shall be assigned to a discrimination complaint investigator who shall prepare and submit a report to the Labor Commissioner based on an investigation of the complaint. The Labor Commissioner or the commissioner’s designee shall receive and review the reports. The investigation shall include, where appropriate, interviews with the complainant, respondent, and any witnesses who may have information concerning the alleged violation, and a review of any documents that may be relevant to the disposition of the complaint. The identity of a witness shall remain confidential unless the identification of the witness becomes necessary to proceed with the investigation or to prosecute an action to enforce a determination. The investigation report submitted to the Labor Commissioner or designee shall include the statements and documents obtained in the investigation, and the findings of the investigator concerning whether a violation occurred. The Labor Commissioner may hold an investigative hearing whenever the Labor Commissioner determines that a hearing is necessary to fully establish the facts. In the hearing the complainant and respondent shall have the opportunity to present evidence. The Labor Commissioner shall issue, serve, and enforce any necessary subpoenas. If a complainant files an action in court against an employer based on the same or similar facts as a complaint made under this section, the Labor Commissioner may, at the commissioner’s discretion, close the investigation. If a complainant has already challenged the complainant’s discipline or discharge through the State Personnel Board, or other internal governmental procedure, or through a collective bargaining agreement grievance procedure that incorporates antiretaliation provisions under this code, the Labor Commissioner may reject the complaint. (2) (A) The Labor Commissioner, during the course of an investigation pursuant to this section, upon finding reasonable cause to believe that any person has engaged in or is engaging in a violation, may petition the superior court in any county in which the violation in question is alleged to have occurred or in which the person resides or transacts business, for appropriate temporary or preliminary injunctive relief, or both temporary and preliminary injunctive relief. (B) Upon filing of a petition pursuant to this paragraph, the Labor Commissioner shall cause notice of the petition to be served on the person, and the court shall have jurisdiction to grant temporary injunctive relief as the court determines to be just and proper. (C) In addition to any harm resulting directly to an individual from a violation of any law under the jurisdiction of the Labor Commissioner, the court shall consider the chilling effect on other employees asserting their rights under those laws in determining if temporary injunctive relief is just and proper. (D) If an employee has been discharged or faced adverse action for raising a claim of retaliation for asserting rights under any law under the jurisdiction of the Labor Commissioner, a court shall order appropriate injunctive relief on a showing that reasonable cause exists to believe that an employee has been discharged or subjected to adverse action for raising a claim of retaliation or asserting rights under any law under the jurisdiction of the Labor Commissioner. (E) The temporary injunctive relief shall remain in effect until the Labor Commissioner issues a determination or citations, or until the completion of review pursuant to subdivision (b) of Section 98.74, whichever period is longer, or at a time certain set by the court. Afterwards, the court may issue a preliminary or permanent injunction if it is shown to be just and proper. Any temporary injunctive relief shall not prohibit an employer from disciplining or terminating an employee for conduct that is unrelated to the claim of the retaliation. (F) Notwithstanding Section 916 of the Code of Civil Procedure, injunctive relief granted pursuant to this section shall not be stayed pending appeal. (c) (1) If the Labor Commissioner determines a violation has occurred, the Labor Commissioner may issue a determination in accordance with this section or issue a citation in accordance with Section 98.74. If the Labor Commissioner issues a determination, the commissioner shall notify the complainant and respondent and direct the respondent to cease and desist from any violation and take any action deemed necessary to remedy the violation, including, where appropriate, rehiring or reinstatement, reimbursement of lost wages and interest thereon, payment of penalties, payment of reasonable attorney’s fees associated with any hearing held by the Labor Commissioner in investigating the complaint, and the posting of notices to employees. If the respondent does not comply with the order within 30 days following notification of the Labor Commissioner’s determination, the Labor Commissioner shall bring an action promptly in an appropriate court against the respondent. An action by the Labor Commissioner seeking injunctive relief, reimbursement of lost wages and interest thereon, payment of penalties, and any other appropriate relief, shall not accrue until a respondent fails to comply with the order for more than 30 days following notification of the commissioner’s determination. The Labor Commissioner shall commence an action within three years of its accrual, regardless of whether the commissioner seeks penalties in the action. If the Labor Commissioner fails to bring an action in court promptly, the complainant may bring an action against the Labor Commissioner in any appropriate court for a writ of mandate to compel the Labor Commissioner to bring an action in court against the respondent. If the complainant prevails in their action for a writ, the court shall award the complainant court costs and reasonable attorney’s fees, notwithstanding any other law. Regardless of any delay in bringing an action in court, the Labor Commissioner shall not be divested of jurisdiction. In any action, the court may permit the claimant to intervene as a party plaintiff to the action and shall have jurisdiction, for cause shown, to restrain the violation and to order all appropriate relief. Appropriate relief includes, but is not limited to, rehiring or reinstatement of the complainant, reimbursement of lost wages and interest thereon, and any other compensation or equitable relief as is appropriate under the circumstances of the case. The Labor Commissioner shall petition the court for appropriate temporary relief or a restraining order unless the commissioner determines good cause exists for not doing so. (2) If the Labor Commissioner is a prevailing party in an enforcement action pursuant to this section, the court shall determine the reasonable attorney’s fees incurred by the Labor Commissioner in prosecuting the enforcement action and assess that amount as a cost upon the employer. (3) An employer who willfully refuses to comply with an order of a court pursuant to this section to hire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for such relief, or who refuses to comply with an order to post a notice to employees or otherwise cease and desist from the violation shall, in addition to any other penalties available, be subject to a penalty of one hundred dollars ($100) per day for each day the employer continues to be in noncompliance with the court order, up to a maximum of twenty thousand dollars ($20,000). Any penalty pursuant to this section shall be paid to the affected employee. (d) (1) If the Labor Commissioner determines no violation has occurred, the commissioner shall notify the complainant and respondent and shall dismiss the complaint. The Labor Commissioner may direct the complainant to pay reasonable attorney’s fees associated with any hearing held by the Labor Commissioner if the Labor Commissioner finds the complaint was frivolous, unreasonable, groundless, and was brought in bad faith. The complainant may, after notification of the Labor Commissioner’s determination to dismiss a complaint, bring an action in an appropriate court, which shall have jurisdiction to determine whether a violation occurred, and if so, to restrain the violation and order all appropriate relief to remedy the violation. Appropriate relief includes, but is not limited to, rehiring or reinstatement of the complainant, reimbursement of lost wages and interest thereon, and other compensation or equitable relief as is appropriate under the circumstances of the case. When dismissing a complaint, the Labor Commissioner shall advise the complainant of their right to bring an action in an appropriate court if the complainant disagrees with the determination of the Labor Commissioner, and in the case of an alleged violation of Section 6310 or 6311, to file a complaint against the state program with the United States Department of Labor. Any time limitation for a complainant to bring an action in court shall be tolled from the time of filing the complaint with the division until the issuance of the Labor Commissioner’s determination. (2) The filing of a timely complaint against the state program with the United States Department of Labor shall stay the Labor Commissioner’s dismissal of the division complaint until the United States Secretary of Labor makes a determination regarding the alleged violation. Within 15 days of receipt of that determination, the Labor Commissioner shall notify the parties whether the commissioner will reopen the complaint filed with the division or whether the dismissal will be reaffirmed. (e) The Labor Commissioner shall notify the complainant and respondent of the commissioner’s determination under subdivision (c) or paragraph (1) of subdivision (d), not later than one year after the filing of the complaint. Determinations by the Labor Commissioner under subdivision (c) or (d) shall be final and not subject to administrative appeal except for cases arising under Sections 6310 and 6311, which may be appealed by the complainant to the Director of Industrial Relations pursuant to an appeal process, including time limitations, that is consistent with the mandates of the United States Department of Labor. The appeal from a determination for cases arising under Sections 6310 and 6311 shall set forth specifically and in full detail the grounds upon which the complainant considers the Labor Commissioner’s determination to be unjust or unlawful, and every issue to be considered by the director. The director may consider any issue relating to the initial determination and may modify, affirm, or reverse the Labor Commissioner’s determination. The director’s determination shall be the determination of the Labor Commissioner for cases arising under Sections 6310 and 6311 that are appealed to the director. The director shall notify the complainant and respondent of the director’s determination within 10 days of receipt of the appeal. (f) The rights and remedies provided by this section do not preclude an employee from pursuing any other rights and remedies under any other law. (g) In the enforcement of this section, there is no requirement that an individual exhaust administrative remedies or procedures. (Amended by Stats. 2020, Ch. 344, Sec. 1. (AB 1947) Effective January 1, 2021.) - 98.74. Verify source ↗
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )
The Labor Commissioner may issue a citation after finding a retaliation or discrimination violation, and the cited person can request an informal review within 30 days.
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 98.74. (a) If the Labor Commissioner determines, after an investigation of a retaliation or discrimination complaint filed in accordance with Section 98.7, that a violation has occurred and the Labor Commissioner proceeds with a citation, the Labor Commissioner shall issue, with reasonable promptness, a citation to the person who has been determined to be responsible for the violation. The citation shall be in writing, shall describe the nature of the violation and the amount of wages and penalties due, and shall include any and all appropriate relief. Appropriate relief includes directing the person cited to cease and desist from the violation and take any action necessary to remedy the violation, including, where appropriate, rehiring or reinstatement, reimbursement of lost wages and interest thereon, and posting notices to employees. Service of the citation shall be completed pursuant to Section 1013 of the Code of Civil Procedure by first-class and certified mail to the person cited. The citation shall advise the person cited of the procedure for obtaining review of the citation. (b) (1) A person issued a citation pursuant to this section may obtain review of the citation by transmitting a written request for an informal hearing to the office of the Labor Commissioner at the address that appears on the citation within 30 days after service of the citation. If no hearing is requested within 30 days after service of the citation, the citation shall become final. (2) The Labor Commissioner shall file, within 10 days of the citation becoming final pursuant to this section, a certified copy of the final citation with the clerk of the superior court in the county in which the person assessed has or had a place of business, accompanied by a declaration that all prerequisites for issuing a judgment have been met. Judgment in favor of the state and against the person being assessed shall be entered immediately by the court clerk in conformity therewith for the total monetary amount shown on the citation. The Labor Commissioner may also file a petition in superior court seeking an order to show cause why any injunctive and other nonmonetary relief determined by the Labor Commissioner or their designee in a citation that has become final should not be ordered. After filing the petition, the Labor Commissioner may file an application for an order to show cause and serve it upon the respondent. Promptly after the Labor Commissioner files the application for an order to show cause, the court shall issue an order to show cause why any injunctive and other nonmonetary relief should not be ordered and schedule a hearing. Absent a showing of an abuse of discretion, the court shall enter judgment for the state against the respondent for the injunctive and other nonmonetary relief. (3) A person to whom a citation has been issued shall, in lieu of contesting a citation pursuant to this section, transmit, within 30 days after service of the citation, to the office of the Labor Commissioner designated on the citation, both the amount specified for the violation and a certification of compliance with any other remedies ordered. (c) Upon receipt of a timely request, an informal hearing shall be commenced within 90 days before a hearing officer for the Labor Commissioner. Within 90 days of the conclusion of the hearing, the hearing officer shall issue a written decision. The decision shall consist of a statement of findings, conclusions of law, and an order. This decision shall be served on all parties pursuant to Section 1013 of the Code of Civil Procedure by first-class mail at the last known address of the party on file with the Labor Commissioner. Any amount found due by the Labor Commissioner as a result of a hearing shall become due and payable 45 days after the written decision and order have been mailed to the person who requested the hearing. The Labor Commissioner shall adopt regulations setting forth procedures for hearings under this subdivision. (d) (1) A person issued a citation pursuant to this section may obtain review of the written decision and order of the Labor Commissioner by filing a petition for a writ of mandate to the appropriate superior court pursuant to Section 1094.5 of the Code of Civil Procedure within 45 days after service of the Labor Commissioner’s decision. (2) As a condition to filing a petition for a writ of mandate, the petitioner seeking the writ shall first post a bond with the Labor Commissioner equal to the total amount of any penalties, lost wages and interest thereon, liquidated damages, and any other monetary relief that are due and owing as determined pursuant to subdivision (c). The bond shall be issued by a surety duly authorized to do business in this state and shall be issued in favor of the employee or employees who suffered the violation or violations. (3) If no petition for writ of mandate is filed within 45 days after service of the decision, the order shall become final. If it is claimed in a petition for writ of mandate that the findings are not supported by the evidence, abuse of discretion is established if the court determines that the findings are not supported by substantial evidence in the light of the whole record. (4) If the bond is not filed pursuant to paragraph (2), or if no petition for writ of mandate is filed pursuant to paragraph (1), or if the petition is dismissed or withdrawn without entry of judgment, a certified copy of the written decision and order may be entered by the Labor Commissioner in the office of the clerk of the superior court in any county in which the person assessed has property or in which the person assessed has or had a place of business. The clerk, immediately upon the filing, shall enter judgment for the state against the person assessed in the total monetary amount shown on the certified order. The Labor Commissioner may also file a petition in superior court for judicial enforcement of any injunctive and other nonmonetary relief determined by the Labor Commissioner or their designee. After filing the petition, the Labor Commissioner may file an application for an order to show cause and serve it upon the respondent. Within 60 days of the date the Labor Commissioner filed the order to show cause, the court shall hold a hearing and, absent a showing of an abuse of discretion, shall issue an order for the injunctive and other nonmonetary relief. (5) If the employer fails to pay the amount of penalties, lost wages and interest thereon, and liquidated damages owed within 10 days of the entry of judgment, dismissal, or withdrawal of writ, or the execution of a settlement agreement, a portion of the undertaking, described in paragraph (2), equal to the amount owed, or the entire undertaking if the amount owed exceeds the undertaking, shall be forfeited to the Labor Commissioner for appropriate distribution. (e) In addition to any other appropriate relief, an employer who willfully refuses to comply with a final order pursuant to this section to hire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for relief, or who refuses to comply with an order to post a notice to employees or otherwise cease and desist from the violation, in addition to any other penalties available, shall be subject to a penalty of one hundred dollars ($100) per day for each day the employer continues to be in noncompliance with the order, up to a maximum of twenty thousand dollars ($20,000). Any penalty pursuant to this subdivision shall be paid to the affected employee. (f) The procedure for assessing, contesting, and enforcing the penalties pursuant to subdivision (e) shall be the same procedures set forth in subdivisions (a) to (d), inclusive. (g) A judgment entered pursuant to this section shall bear the same rate of interest and shall have the same effect as other judgments and be given the same preference allowed by the law on other judgments rendered for claims for taxes. The clerk shall make no charge for the service provided by this section to be performed by them. (h) The provisions contained in subdivisions (b), (c), (d), (e), and (g) that pertain to enforcement of the citation, enforcement of the written decision and order, interest accrual, and to the bond posting, shall apply to all existing citations issued pursuant to subdivisions (a) and (e) at the time of enactment. (Amended by Stats. 2019, Ch. 721, Sec. 1. (SB 229) Effective January 1, 2020.) - 98.75. Verify source ↗
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )
The Labor Commissioner must send the Legislature a report by February 15, 1987, and every year by February 15 thereafter.
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 98.75. The Labor Commissioner shall submit a report to the Legislature by February 15, 1987, and annually thereafter by February 15, providing the following information with respect to discrimination complaints for the previous calendar year: (a) The number of complaints filed pursuant to Section 98.7 or 1197.5, grouped according to the section of the Labor Code allegedly violated. (b) The number of determinations issued, the number of investigative hearings held, the number of complaints dismissed, and the number of complaints found to be valid, grouped by the year in which the complaints were filed. (c) The number of cases in which the respondent complied with the Labor Commissioner’s order to remedy unlawful discrimination, the number of these orders with which respondents failed to comply, the number of court actions brought by the Labor Commissioner to remedy unlawful discrimination, and the results of those court actions. If the Labor Commissioner did not bring an action in court within 10 days against a respondent who failed to comply with his or her order, the report shall specify the reasons for not bringing action in court. (Added by Stats. 1985, Ch. 1479, Sec. 3.) - 98.8. Verify source ↗
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )
The Labor Commissioner must issue regulations and rules of practice and procedure needed to carry out this chapter.
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 98.8. The Labor Commissioner shall promulgate all regulations and rules of practice and procedure necessary to carry out the provisions of this chapter. (Added by Stats. 1976, Ch. 1190.) - 98.9. Verify source ↗
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )
If the Labor Commissioner finds a willful or deliberate Labor Code violation by a licensed contractor in the course of that licensed work, the Commissioner must promptly send a certified copy of the finding to the registrar of the Contractors’ State License Board after the review period ends.
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 98.9. Upon a finding by the Labor Commissioner that a willful or deliberate violation of any of the provisions of the Labor Code, within the jurisdiction of the Labor Commissioner, has been committed by a person licensed as a contractor pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, in the course of such licensed activity, the Labor Commissioner shall immediately, upon expiration of the period for review specified in Section 98.2, or other applicable section, deliver a certified copy of the finding of the violation to the registrar of the Contractors’ State License Board. (Added by Stats. 1978, Ch. 1247.) - 980. Verify source ↗
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2.5. Employer Use of Social Media [980- 980.] ( Chapter 2.5 added by Stats. 2012, Ch. 618, Sec. 1. )
Employers may not require or request employees or applicants to share personal social media login details, access social media in front of the employer, or divulge personal social media, and may not retaliate for refusing such requests.
## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2.5. Employer Use of Social Media [980- 980.] ( Chapter 2.5 added by Stats. 2012, Ch. 618, Sec. 1. ) ## 980. (a) As used in this chapter, “social media” means an electronic service or account, or electronic content, including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or Internet Web site profiles or locations. (b) An employer shall not require or request an employee or applicant for employment to do any of the following: (1) Disclose a username or password for the purpose of accessing personal social media. (2) Access personal social media in the presence of the employer. (3) Divulge any personal social media, except as provided in subdivision (c). (c) Nothing in this section shall affect an employer’s existing rights and obligations to request an employee to divulge personal social media reasonably believed to be relevant to an investigation of allegations of employee misconduct or employee violation of applicable laws and regulations, provided that the social media is used solely for purposes of that investigation or a related proceeding. (d) Nothing in this section precludes an employer from requiring or requesting an employee to disclose a username, password, or other method for the purpose of accessing an employer-issued electronic device. (e) An employer shall not discharge, discipline, threaten to discharge or discipline, or otherwise retaliate against an employee or applicant for not complying with a request or demand by the employer that violates this section. However, this section does not prohibit an employer from terminating or otherwise taking an adverse action against an employee or applicant if otherwise permitted by law. (Amended by Stats. 2013, Ch. 76, Sec. 142. (AB 383) Effective January 1, 2014.) - 99. Verify source ↗
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )
The division may file certain employee-related claims and liens when its investigation finds facts supporting them.
## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 99. The division may file preferred claims, mechanics’ liens, and other liens of employees in the name of the Labor Commissioner, his deputy or representative or in the names of the employees, whenever the facts have been investigated and found to support the claims. A statement that such facts have been found shall be alleged in the preferred claim or lien if it is filed in the name of the Labor Commissioner, his deputy or representative. (Enacted by Stats. 1937, Ch. 90.)
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