reglab/statecodes huggingface dataset:
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 5 - Division of Workers Compensation › Section 139.43.

139.43. (a) No person or entity shall advertise, print, display, publish, distribute, or broadcast, or cause or permit to be advertised, printed, displayed, published, distributed, or broadcast in any manner, any statement concerning services or benefits to be provided to an injured worker, that is paid for directly or indirectly by that person or entity and is false, misleading, or deceptive, or that omits material information necessary to make the statement therein not false, misleading, or deceptive.
(b) As soon as reasonably possible, but not later than January 1, 1994, the administrative director shall adopt regulations governing advertising by persons or entities other than physicians and attorneys with respect to services or benefits for injured workers. In promulgating regulations pursuant to this subdivision, the administrative director shall review existing regulations, including those adopted by the State Bar, to identify those regulatory approaches that may serve as a model for regulations required by this subdivision.
(c) A violation of subdivision (a) is a misdemeanor, punishable by incarceration in the county jail for not more than one year, or by a fine not exceeding ten thousand dollars ($10,000), or both.
(d) This section shall not apply to physicians or attorneys. It is the intent of the Legislature to exempt physicians and attorneys from this section because the conduct regulated by this section, with respect to physicians and attorneys, is governed by other provisions of law.
(Amended by Stats. 2004, Ch. 193, Sec. 138. Effective January 1, 2005.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 5 - Division of Workers Compensation › Section 139.45.

139.45. (a) In promulgating regulations pursuant to Sections 139.4 and 139.43, the administrative director shall take particular care to preclude any advertisements with respect to industrial injuries or illnesses that are false or mislead the public with respect to workers’ compensation. In promulgating rules with respect to advertising, the State Bar and physician licensing boards shall also take particular care to achieve the same goal.
(b) For purposes of subdivision (a), false or misleading advertisements shall include advertisements that do any of the following:
(1) Contain an untrue statement.
(2) Contain any matter, or present or arrange any matter in a manner or format that is false, deceptive, or that tends to confuse, deceive, or mislead.
(3) Omit any fact necessary to make the statement made, in the light of the circumstances under which the statement is made, not misleading.
(4) Are transmitted in any manner that involves coercion, duress, compulsion, intimidation, threats, or vexatious or harassing conduct.
(5) Entice a person to respond by the offering of any consideration, including a good or service but excluding free medical evaluations or treatment, that would be provided either at no charge or for less than market value. No free medical evaluation or treatment shall be offered for the purpose of defrauding any entity.
(Amended by Stats. 2003, Ch. 639, Sec. 14. Effective January 1, 2004.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 5 - Division of Workers Compensation › Section 139.47.

139.47. The Director of Industrial Relations shall establish and maintain a program to encourage, facilitate, and educate employers to provide early and sustained return to work after occupational injury or illness. The program shall do both of the following:
(a) Develop educational materials and guides, in easily understandable language in both print and electronic form, for employers, health care providers, employees, and labor unions. These materials shall address issues including, but not limited to, early return to work, assessment of functional abilities and limitations, development of appropriate work restrictions, job analysis, worksite modifications, assistive equipment and devices, and available resources.
(b) Conduct training for employee and employer organizations and health care providers concerning the accommodation of injured employees and the prevention of reinjury.
(Added by Stats. 2002, Ch. 6, Sec. 40. Effective January 1, 2003.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 5 - Division of Workers Compensation › Section 139.48.

139.48. (a) There is in the department a return-to-work program administered by the director, funded by one hundred twenty million dollars ($120,000,000) annually derived from non-General Funds of the Workers’ Compensation Administration Revolving Fund, for the purpose of making supplemental payments to workers whose permanent disability benefits are disproportionately low in comparison to their earnings loss. Moneys shall remain available for use by the return-to-work program without respect to the fiscal year.
(b) Eligibility for payments and the amount of payments shall be determined by regulations adopted by the director, based on findings from studies conducted by the director in consultation with the Commission on Health and Safety and Workers’ Compensation. Determinations of the director shall be subject to review at the trial level of the appeals board upon the same grounds as prescribed for petitions for reconsideration.
(c) This section shall apply only to injuries sustained on or after January 1, 2013.
(Amended by Stats. 2013, Ch. 28, Sec. 37. (SB 71) Effective June 27, 2013.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 6 - Occupational Safety and Health Standards Board › Section 140.

140. (a) There is in the Department of Industrial Relations, the Occupational Safety and Health Standards Board which consists of seven members who shall be appointed by the Governor. Two members shall be from the field of management, two members shall be from the field of labor, one member shall be from the field of occupational health, one member shall be from the field of occupational safety and one member shall be from the general public. Members representing occupational safety and health fields and the public member shall be selected from other than the fields of management or labor.
(b) Terms of office for members of the Industrial Safety Board shall expire 60 days after the effective date of the amendment of this section enacted at the 1973–74 Regular Session. Newly appointed members of the Occupational Safety and Health Standards Board shall assume their duties upon that date.
(c) The Governor shall designate the chairman of the board from the membership of the board. The person so designated shall hold the office of chairman at the pleasure of the Governor. The chairman shall designate a member of the board to act as chairman in his absence.
(d) As used in this chapter, “board” means the Occupational Safety and Health Standards Board.
(e) All references in this or any other code to the Industrial Safety Board shall be deemed to mean the Occupational Safety and Health Standards Board.
(Amended by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 6 - Occupational Safety and Health Standards Board › Section 141.

141. (a) The terms of office of the members of the board shall be four years and they shall hold office until the appointment and qualification of a successor. The terms of the members of the board first appointed shall expire as follows: three members, one representative from management, one representative from labor, and one representative from occupational health, on June 1, 1974; three members, one representative from management, one representative from labor, and one representative from occupational safety, on June 1, 1975; one member June 1, 1976. The terms shall thereafter expire in the same relative order. Vacancies occurring shall be filled by appointment to the unexpired term.
(b) Each member of the board shall receive one hundred dollars ($100) for each day of his or her actual attendance at meetings of the board, and other official business of the board, and his or her actual and necessary traveling expenses incurred in the performance of his or her duty as a member.
(Amended by Stats. 2004, Ch. 183, Sec. 254. Effective January 1, 2005.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 6 - Occupational Safety and Health Standards Board › Section 142.

142. The Division of Occupational Safety and Health shall enforce all occupational safety and health standards adopted pursuant to this chapter, and those heretofore adopted by the Industrial Accident Commission or the Industrial Safety Board. General safety orders heretofore adopted by the Industrial Accident Commission or the Industrial Safety Board shall continue to remain in effect, but they may be amended or repealed pursuant to this chapter.
(Amended by Stats. 2002, Ch. 1124, Sec. 40. Effective September 30, 2002.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 6 - Occupational Safety and Health Standards Board › Section 142.1.

142.1. The board shall meet at least monthly. The meetings shall be rotated throughout the state at locations designated by the chairman. All meetings held by the board shall be open and public. Written notice of all meetings and a proposed agenda shall be given to all persons who make request for the notice in writing to the board.
(Amended by Stats. 1985, Ch. 657, Sec. 1.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 6 - Occupational Safety and Health Standards Board › Section 142.2.

142.2. At each of its meetings, the board shall make time available to interested persons to propose new or revised orders or standards appropriate for adoption pursuant to this chapter or other items concerning occupational safety and health. The board shall consider such proposed orders or standards and report its decision no later than six months following receipt of such proposals.
(Added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 6 - Occupational Safety and Health Standards Board › Section 142.4.

142.4. (a) Occupational safety and health standards and orders shall be adopted, amended, or repealed as provided in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, except as modified by this chapter.
(b) If an emergency regulation is based upon an emergency temporary standard published in the Federal Register by the Secretary of Labor pursuant to Section 6(c)(1) of the Federal Occupational Safety and Health Act of 1970 (P.L. 91-596; 29 U.S.C. Sec. 655(c)(1)), the 120-day period specified in Section 11346.1 of the Government Code shall be deemed not to expire until 120 days after a permanent standard is promulgated by the Secretary of Labor pursuant to Section 6(c)(3) of the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. Sec. 655(c)(3)).
(Amended by Stats. 2006, Ch. 538, Sec. 478. Effective January 1, 2007.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 6 - Occupational Safety and Health Standards Board › Section 143.

143. (a) Any employer may apply to the board for a permanent variance from an occupational safety and health standard, order, special order, or portion thereof, upon a showing of an alternate program, method, practice, means, device, or process which will provide equal or superior safety for employees.
(b) The board shall issue such variance if it determines on the record, after opportunity for an investigation where appropriate and a hearing, that the proponent of the variance has demonstrated by a preponderance of the evidence that the conditions, practices, means, methods, operations, or processes used or proposed to be used by an employer will provide employment and places of employment to his employees which are as safe and healthful as those which would prevail if he complied with the standard. The variance so issued shall prescribe the conditions the employer must maintain, and the practices, means, methods, operations, and processes which he must adopt and utilize to the extent they differ from the standard in question.
(c) The board is authorized to grant a variance from any standard or portion thereof whenever it determines such variance is necessary to permit an employer to participate in an experiment approved by the director designed to demonstrate or validate new and improved techniques to safeguard the health or safety of workers.
(d) A permanent variance may be modified or revoked upon application by an employer, employees, or the division, or by the board on its own motion, in the manner prescribed for its issuance under this section at any time.
(Amended by Stats. 1974, Ch. 1284.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 6 - Occupational Safety and Health Standards Board › Section 143.1.

143.1. The board shall conduct hearings on such requests for a permanent variance after employees or employee representatives are properly notified and given an opportunity to appear. All board decisions on permanent variance requests shall be final except for any rehearing or judicial review provided for by law.
(Added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 6 - Occupational Safety and Health Standards Board › Section 143.2.

143.2. The board, acting as a whole, may adopt, amend, or repeal rules of practice and procedure pertaining to hearings on applications for permanent variances, variance appeals, and other matters within its jurisdiction. All rules of practice and procedure amendments thereto, or repeal thereof, shall be made in accordance with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(Amended by Stats. 2004, Ch. 183, Sec. 255. Effective January 1, 2005.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 6 - Occupational Safety and Health Standards Board › Section 144.

144. (a) The authority of any agency, department, division, bureau or any other political subdivision other than the Division of Occupational Safety and Health to assist in the administration or enforcement of any occupational safety or health standard, order, or rule adopted pursuant to this chapter shall be contained in a written agreement with the Department of Industrial Relations or an agency authorized by the department to enter into such agreement.
(b) No such agreement shall deprive the Division of Occupational Safety and Health or other state agency to which authority has been delegated of any power or authority of the state agency.
(c) Such an agreement may provide for the right of access of an authorized representative of the designated agency to enter any place of employment which is under the jurisdiction of the Division of Occupational Safety and Health.
(d) If any representative of an agency operating under such an agreement becomes aware of an imminent hazard, he shall notify the employer and affected employees of the hazard and immediately notify the Division of Occupational Safety and Health.
(e) Nothing in this section shall affect or limit the authority of any state or local agency as to any matter other than the enforcement of occupational safety and health standards adopted by the board; however, nothing herein shall limit or reduce the authority of local agencies to adopt and enforce higher standards relating to occupational safety and health for their own employees.
(Amended by Stats. 1979, Ch. 72.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 6 - Occupational Safety and Health Standards Board › Section 144.5.

144.5. (a) The Division of Occupational Safety and Health in connection with the enforcement of occupational safety and health standards adopted pursuant to this chapter shall do all of the following:
(1) Conduct inspections or investigations related to specific workplaces for the evaluation of occupational health problems or environmental conditions which may be harmful to the health of employees.
(2) Upon request of any employer or employee, or on its own initiative, conduct special investigations or studies of occupational health problems which are unrelated to a specific enforcement action to the extent the circumstances indicate and priorities permit.
(3) Provide a continuing program of training for safety engineers of the Division of Occupational Safety and Health in the recognition of health hazards, in dealing with such hazards that do not require specialized competence or equipment and in acquainting them with the skills available from the State Department of Health Services and local health agencies.
(b) (1) When requested by a local health department, the Division of Occupational Safety and Health shall enter into a written agreement with such local health department to conduct inspections and evaluations of occupational health problems, including environmental and sanitary conditions, in places of employment.
(2) Any such agreement shall be subject to the provisions of Section 144. It shall be entered into only after a finding that the local health department can meet the necessary standards of performance for inspections and evaluations to be conducted pursuant to the agreement.
(3) Such agreement shall not be binding upon either party unless and until it has been fully approved by the United States Department of Labor.
(4) Such agreements shall be completed by the Division of Occupational Safety and Health and submitted for approval to the United States Department of Labor not later than six months from the date of request by the local health department.
(5) Inspection services performed under the agreement shall be conducted pursuant to the occupational safety and health standards adopted pursuant to this chapter.
(Amended by Stats. 1979, Ch. 72.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 6 - Occupational Safety and Health Standards Board › Section 144.6.

144.6. In promulgating standards dealing with toxic materials or harmful physical agents, the board shall adopt that standard which most adequately assures, to the extent feasible, that no employee will suffer material impairment of health or functional capacity even if such employee has regular exposure to a hazard regulated by such standard for the period of his working life. Development of standards under this section shall be based upon research, demonstrations, experiments, and such other information as may be appropriate. In addition to the attainment of the highest degree of health and safety protection for the employee, other considerations shall be the latest available scientific data in the field, the reasonableness of the standards, and experience gained under this and other health and safety laws. Whenever practicable, the standard promulgated shall be expressed in terms of objective criteria and of the performance desired.
(Amended by Stats. 1976, Ch. 963.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 6 - Occupational Safety and Health Standards Board › Section 144.8.

144.8. (a) As used in this section the following definitions shall apply:
(1) “Antineoplastic drug” means a chemotherapeutic agent that controls or kills cancer cells.
(2) “NIOSH” means the National Institute for Occupational Safety and Health.
(b) The board shall adopt an occupational safety and health standard for the handling of antineoplastic drugs in health care facilities regardless of the setting. In developing the standard, the board shall consider input from hospitals, practicing physicians from impacted specialties, including oncology, organizations representing health care personnel, including registered nurses and pharmacists, and other stakeholders, and shall determine a reasonable time for facilities to implement new requirements imposed by the adopted standard. The standard, to the extent feasible, shall be consistent with and not exceed recommendations in the NIOSH 2004 alert entitled “Preventing Occupational Exposures to Antineoplastic and Other Hazardous Drugs in Health Care Settings,” as updated in 2010. The standard may incorporate applicable updates and changes to NIOSH guidelines.
(Added by Stats. 2013, Ch. 678, Sec. 2. (AB 1202) Effective January 1, 2014.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 6 - Occupational Safety and Health Standards Board › Section 145.

145. The board may employ necessary assistants, officers, experts, and such other employees as it deems necessary. All such personnel of the board shall be under the supervision of the chairman of the board or an executive officer to whom he delegates such responsibility. All such personnel shall be appointed pursuant to the State Civil Service Act (Part 1 (commencing with Section 18000) of Division 5 of Title 2 of the Government Code), except for the one exempt deputy or employee allowed by subdivision (e) of Section 4 of Article XXIV of the California Constitution.
(Repealed and added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 6 - Occupational Safety and Health Standards Board › Section 145.1.

145.1. The board and its duly authorized representatives in the performance of its duties shall have the powers of a head of a department as set forth in Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code.
(Added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 6 - Occupational Safety and Health Standards Board › Section 146.

146. In the conduct of hearings related to permanent variances, the board and its representatives are not bound by common law or statutory rules of evidence or by technical or formal rules of procedure but shall conduct the hearings in accordance with Article 8 (commencing with Section 11435.05) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of, and Section 11513 of, the Government Code. A full and complete record shall be kept of all proceedings.
(Amended by Stats. 1995, Ch. 938, Sec. 72.8. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 6 - Occupational Safety and Health Standards Board › Section 147.

147. The board shall refer to the Division of Occupational Safety and Health for evaluation any proposed occupational safety or health standard or variance from adopted standards received by the board from sources other than the division. The division shall submit a report on the proposed standard or variance within 60 days of receipt thereof.
(Amended by Stats. 1979, Ch. 72.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 6 - Occupational Safety and Health Standards Board › Section 147.1.

147.1. In connection with the development and promulgation of occupational health standards the Division of Occupational Safety and Health shall perform all of the following functions:
(a) Analyze proposed and new federal occupational health standards, evaluate their impact on California, determine any necessity for their modification, and present proposed standards to the board in sufficient time for the board to conduct hearings and adopt standards within the time required.
(b) Maintain liaison with the National Institute of Occupational Safety and Health and the federal Occupational Safety and Health Administration in the development of recommended federal standards and when appropriate provide representation on federal advisory committees dealing with the development of occupational health standards.
(c) On occupational health issues not covered by federal standards maintain surveillance, determine the necessity for standards, develop and present proposed standards to the board.
(d) Evaluate any proposed occupational health standard or application for a variance of an occupational health standard received by the board, and submit a report to the board on the proposed standard or variance within 60 days of receipt thereof.
(e) Appear and testify at board hearings and other public proceedings involving occupational health matters.
(Amended by Stats. 1979, Ch. 72.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 6 - Occupational Safety and Health Standards Board › Section 147.3.

147.3. (a) When the Division of Occupational Safety and Health receives a report from the State Department of Public Health pursuant to subdivision (c) of Section 105185 of the Health and Safety Code, the report shall constitute a complaint from a government agency representative charging a serious violation and shall subject the employer or place of employment to the requirements of subdivision (a) of Section 6309 for the Division of Occupational Safety and Health to initiate an investigation within three working days. Upon the completion of the investigation, any citations and fines imposed by the division shall be made publicly available on an annual basis pursuant to subdivision (d) of Section 6309.
(b) The blood lead level established in subdivision (c) of Section 105185 of the Health and Safety Code is not intended to supersede any lower blood lead level that may be actionable under the Division of Occupational Safety and Health’s lead standards in its general industry safety order (Section 5198 of Title 8 of the California Code of Regulations) or construction safety order (Section 1532.1 of Title 8 of the California Code of Regulations). For purposes of this section, an actionable employee blood lead level means a level that triggers an employer obligation to reduce lead exposure in the workplace or an investigation by the division.
(Added by Stats. 2019, Ch. 710, Sec. 2. (AB 35) Effective January 1, 2020.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 6 - Occupational Safety and Health Standards Board › Section 147.4.

147.4. (a) By January 1, 2016, the department shall convene an advisory committee to evaluate whether changes are needed to align the general industry safety orders in Sections 3403 to 3411, inclusive, of Article 10.1 (commencing with Section 3401) of Group 2 of Subchapter 7 of Chapter 4 of Article 8 of Division 1 of Title 8 of the California Code of Regulations with the applicable and most recently promulgated standards of the National Fire Protection Association. The committee shall be composed of parties in both management and labor, represent a cross section of the fire protection industry and community, and be competent and knowledgeable regarding personal protective clothing and equipment for firefighters and firefighting practices generally.
(b) By July 1, 2016, the advisory committee shall present its findings and recommendations for consideration by the board. No later than July 1, 2017, the board shall render a decision regarding the adoption of changes to the general industry safety orders in Sections 3403 to 3411, inclusive, of Article 10.1 (commencing with Section 3401) of Group 2 of Subchapter 7 of Chapter 4 of Article 8 of Division 1 of Title 8 of the California Code of Regulations, or other applicable standards and regulations, in order to maintain alignment with the applicable National Fire Protection Association standards.
(c) Beginning July 1, 2018, and every five years thereafter, the board, in consultation with the department, shall complete a comprehensive review of all revisions to National Fire Protection Association standards pertaining to personal protective equipment covered by the general industry safety orders in Sections 3403 to 3411, inclusive, of Article 10.1 (commencing with Section 3401) of Group 2 of Subchapter 7 of Chapter 4 of Article 8 of Division 1 of Title 8 of the California Code of Regulations. If the review finds that the revisions to applicable National Fire Protection Association standards provide a greater degree of personal protection than the safety orders, the board shall consider modifying existing safety orders and shall render a decision regarding the adoption of necessary changes to safety orders, or other applicable standards and regulations, no later than July 1 of the subsequent year, in order to maintain alignment of the safety orders with the applicable National Fire Protection Association standards.
(Added by Stats. 2014, Ch. 811, Sec. 1. (AB 2146) Effective January 1, 2015.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 6 - Occupational Safety and Health Standards Board › Section 147.5.

147.5. (a) By January 1, 2017, the Division of Occupational Safety and Health shall convene an advisory committee to evaluate whether there is a need to develop industry-specific regulations related to the activities of facilities issued a license pursuant to Chapter 3.5 (commencing with Section 19300) of Division 8 of the Business and Professions Code.
(b) By July 1, 2017, the advisory committee shall present to the board its findings and recommendations for consideration by the board. By July 1, 2017, the board shall render a decision regarding the adoption of industry-specific regulations pursuant to this section.
(Added by Stats. 2015, Ch. 689, Sec. 7. (AB 266) Effective January 1, 2016.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 6 - Occupational Safety and Health Standards Board › Section 147.6.

147.6. (a) By March 1, 2018, the Division of Occupational Safety and Health shall convene an advisory committee to evaluate whether there is a need to develop industry-specific regulations related to the activities of licensees under Division 10 (commencing with Section 26000) of the Business and Professions Code, including but not limited to, whether specific requirements are needed to address exposure to second-hand marijuana smoke by employees at facilities where on-site consumption of marijuana is permitted under subdivision (d) of Section 26200 of the Business and Professions Code, and whether specific requirements are needed to address the potential risks of combustion, inhalation, armed robberies or repetitive strain injuries.
(b) By October 1, 2018, the advisory committee shall present to the board its findings and recommendations for consideration by the board. By October 1, 2018, the board shall render a decision regarding the adoption of industry-specific regulations pursuant to this section.
(Added November 8, 2016, by initiative Proposition 64, Sec. 6.2.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 6.5 - Occupational Safety and Health Appeals Board › Section 148.

148. (a) There is in the Department of Industrial Relations the Occupational Safety and Health Appeals Board, consisting of three members appointed by the Governor, subject to the approval of the Senate. One member shall be from the field of management, one shall be from the field of labor and one member shall be from the general public. The public member shall be chosen from other than the fields of management and labor. Each member of the appeals board shall devote his full time to the performance of his duties.
(b) The chairman and each member of the appeals board shall receive the annual salary provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code.
(c) The Governor shall designate the chairman of the appeals board from the membership of the appeals board. The person so designated shall hold the office of chairman at the pleasure of the Governor. The chairman shall designate a member of the appeals board to act as chairman in his absence.
(Added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 6.5 - Occupational Safety and Health Appeals Board › Section 148.1.

148.1. Each member of the appeals board shall serve for a term of four years and until his successor is appointed and qualifies. The terms of the first three members appointed to the appeals board shall expire on the second, third, and fourth January 15th following the date of the appointment of the first appointed member. A vacancy shall be filled by the Governor, subject to the approval of the Senate by appointment for the unexpired term.
(Added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 6.5 - Occupational Safety and Health Appeals Board › Section 148.2.

148.2. The appeals board may employ necessary assistants, officers, experts, hearing officers, and such other employees as it deems necessary. All such personnel of the appeals board shall be under the supervision of the chairman of the appeals board or an executive officer to whom the chairman delegates such responsibility. All such personnel shall be appointed pursuant to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code), except for the one exempt deputy or employee allowed by subdivision (e) of Section 4 of Article XXIV of the California Constitution. The salaries of the hearing officers shall be fixed by the State Personnel Board at a rate comparable to that of other referees or hearing officers in state service whose duties and responsibilities are comparable, without regard to whether such other positions have membership in the State Bar of California as a prerequisite to appointment.
(Added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 6.5 - Occupational Safety and Health Appeals Board › Section 148.5.

148.5. A decision of the appeals board is final, except for any rehearing or judicial review as permitted by Chapter 4 (commencing with Section 6600) of Part 1 of Division 5.
(Added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 6.5 - Occupational Safety and Health Appeals Board › Section 148.6.

148.6. A decision of the appeals board is binding on the director and the Division of Occupational Safety and Health with respect to the parties involved in the particular appeal. The director shall have the right to seek judicial review of an appeals board decision irrespective of whether or not he or she appeared or participated in the appeal to the appeals board or its hearing officer.
(Amended by Stats. 1989, Ch. 1360, Sec. 101.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 6.5 - Occupational Safety and Health Appeals Board › Section 148.7.

148.7. The appeals board, acting as a whole, may adopt, amend, or repeal rules of practice and procedure pertaining to hearing appeals and other matters falling within its jurisdiction. All such rules, amendments thereto, or repeals thereof shall be made in accordance with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(Amended by Stats. 1982, Ch. 454, Sec. 130.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 6.5 - Occupational Safety and Health Appeals Board › Section 148.8.

148.8. The appeals board and its duly authorized representatives in the performance of its duties shall have the powers of a head of a department as set forth in Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code, except for Section 11185 of the Government Code.
(Added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 6.5 - Occupational Safety and Health Appeals Board › Section 149.

149. The chairman of the appeals board may authorize its executive officer to act as deputy appeals board member, and may delegate authority and duties to the executive officer in the event of the absence of a member of the appeals board.
(Added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 6.5 - Occupational Safety and Health Appeals Board › Section 149.5.

149.5. The appeals board may award reasonable costs, including attorney’s fees, consultant’s fees, and witness’ fees, not to exceed five thousand dollars ($5,000) in the aggregate, to any employer who appeals a citation resulting from an inspection or investigation conducted on or after January 1, 1980, issued for violation of an occupational safety and health standard, rule, order, or regulation established pursuant to Chapter 6 (commencing with Section 140) of Division 1, if (1) either the employer prevails in the appeal, or the citation is withdrawn, and (2) the appeals board finds that the issuance of the citation was the result of arbitrary or capricious action or conduct by the division.
The appeals board shall adopt rules of practice and procedure to implement this section.
The payment of costs pursuant to this section shall be from funds in the regular operating budget of the division. The division shall show in its proposed budget for each fiscal year the following information with respect to the prior fiscal year:
(a) The total costs paid.
(b) The number of cases in which costs were paid.
(Added by Stats. 1979, Ch. 1077.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 7 - Labor Statistics and Research › Section 150.

150. (a) The department shall collect, compile, and present facts and statistics relating to the condition of labor in the state, including information as to cost of living, labor supply and demand, industrial relations, industrial disputes, industrial accidents and safety, labor productivity, sanitary and other conditions, prison labor, and such other matters in relation to labor as the Director of Industrial Relations deems desirable.
(b) To the extent not in conflict with this or any other section, on the date this subdivision becomes operative, the responsibilities of the Division of Labor Statistics and Research that are specified in Subchapter 1 (commencing with Section 14000) and Subchapter 2 (commencing with Section 14900) of Chapter 7 of Division 1 of Title 8 of the California Code of Regulations are reassigned to the Division of Occupational Safety and Health and the responsibilities of the Division of Labor Statistics and Research that are specified in Subchapter 3 (commencing with Section 16000) of Chapter 8 of Division 1 of Title 8 of the California Code of Regulations are reassigned to the Division of Labor Standards Enforcement.
(Amended by Stats. 2012, Ch. 46, Sec. 83. (SB 1038) Effective June 27, 2012.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 7 - Labor Statistics and Research › Section 151.

151. (a) The department shall conduct an annual survey of the ethnic derivation and gender of the individuals who are parties to apprentice agreements described in Section 3077. In conducting this survey, the division shall use any pertinent data which the federal government may provide to avoid duplication of effort.
(b) The Division of Apprenticeship Standards shall cooperate in the accomplishment of the survey required by this section. The occasion of this survey may be used to gather additional current data as may be of benefit to apprenticeship programs.
(c) Data gathered pursuant to this section shall not be evidence per se of an unlawful employment practice.
(d)  This section shall not be construed to authorize a state agency to require an employer to employ a specified percentage of individuals of any particular ethnic derivation or gender irrespective of those individuals’ qualifications for employment.
(Amended by Stats. 2022, Ch. 67, Sec. 8. (SB 191) Effective June 30, 2022.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 7 - Labor Statistics and Research › Section 152.

152. The Director of Industrial Relations and authorized employees of the department may issue subpoenas to compel the attendance of witnesses and production of books, papers, and records; administer oaths; examine witnesses under oath; take the verification or proof of written instruments; and take depositions and affidavits for the purpose of carrying out the provisions of this code and performing the duties required by this chapter. They shall have free access to all places of labor. Any person, or agent or officer thereof, who willfully neglects or refuses to furnish statistics requested by the division, which are in his or her possession, or under his or her control, or who refuses to admit the director or his or her authorized employee to a place of labor, is guilty of a misdemeanor. The director may direct the chief and the employees of other divisions of the department to transmit any statistical information in their possession, or to conduct investigations and otherwise assist in the gathering of whatever statistics the director deems desirable.
(Amended by Stats. 2012, Ch. 46, Sec. 85. (SB 1038) Effective June 27, 2012.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 7 - Labor Statistics and Research › Section 153.

153. Except as provided in Section 151 no use shall be made in the statistical or other reports prepared pursuant to this chapter of the names of persons supplying the information required under this code. Any agent or employee of the department who violates this section is guilty of a misdemeanor.
(Amended by Stats. 2012, Ch. 46, Sec. 86. (SB 1038) Effective June 27, 2012.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 7 - Labor Statistics and Research › Section 156.

156. An annual report containing statistics on California work injuries and occupational diseases and fatalities by industry classifications shall be completed and published by the department no later than December 31 of the following calendar year. All of the reports and statistics shall be available to the public.
(Amended by Stats. 2012, Ch. 46, Sec. 87. (SB 1038) Effective June 27, 2012.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 7 - Labor Statistics and Research › Section 157.

157. (a) The Department of Industrial Relations shall provide the Department of Transportation with links to existing public registries and databases related to drayage trucks.
(b) The Department of Industrial Relations shall also provide the Department of Transportation with links to existing public databases that may include information on either or both of the following:
(1) Employers who are committing workers’ compensation fraud.
(2) Health and safety enforcement activity.
(Added by Stats. 2022, Ch. 458, Sec. 3. (AB 2057) Effective January 1, 2023.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 7.5 - Division of Occupational Safety and Health › Section 175.

175. The Division of Occupational Safety and Health shall be the lead agency in providing for public health and safety as well as worker health and safety in the construction, maintenance, and operation of any liquefied petroleum gas storage facility, other than a facility owned or maintained by a public utility, having a capacity of 100,000 barrels or more, including storage vessels, and related piping, pumping, distribution, and transfer apparatus. As the lead agency, the division shall request any state or local agency having statutory public health and safety jurisdiction over any part of the construction, maintenance, or operation of any such liquefied petroleum gas storage facility, other than a facility owned or maintained by a public utility, to exercise its statutory jurisdiction in relation to such facility, and shall report to the Legislature any instance in which such jurisdiction was not exercised.
(Amended by Stats. 1980, Ch. 676.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 8 - Alternative Enforcement › Section 180.

180. As used in this chapter, “public prosecutor” means the Attorney General, a district attorney, a city attorney, a county counsel, or any other city or county prosecutor.
(Added by Stats. 2023, Ch. 659, Sec. 2. (AB 594) Effective January 1, 2024.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 8 - Alternative Enforcement › Section 181.

181. (a) In addition to any other remedies available, a public prosecutor may prosecute an action, either civil or criminal, for a violation of Division 2 (commencing with Section 200), but excluding Part 3.5 (commencing with Section 1140) and Part 13 (commencing with Section 2698), or Division 3 (commencing with Section 2700), but excluding Chapter 4 (commencing with Section 3070), or to enforce those provisions of this code independently. Moneys recovered by public prosecutors under this code shall be applied first to payments, such as wages, damages, and other penalties, due to affected workers. All civil penalties recovered by a public prosecutor pursuant to this chapter shall be paid to the General Fund of this state, unless otherwise specified by this code. An action of a public prosecutor under this chapter shall be limited to redressing violations occurring within the public prosecutor’s geographic jurisdiction, unless the public prosecutor has statewide authority or has enforcement authority pursuant to Section 17204 of the Business and Professions Code. Nothing in this section shall divest the division of its authority to enforce this code and all labor laws of the state for the purposes of Section 95. Nothing in this chapter shall be read to limit or restrict a public prosecutor’s existing authority pursuant to Section 17204 of the Business and Professions Code.
(b) In addition to any other remedies available, a public prosecutor may seek injunctive relief to prevent continued violations of Division 2 (commencing with Section 200), but excluding Part 3.5 (commencing with Section 1140) and Part 13 (commencing with Section 2698), or Division 3 (commencing with Section 2700), but excluding Chapter 4 (commencing with Section 3070).
(c) The court may award a prevailing plaintiff in that action its reasonable attorney’s fees and costs, including expert witness fees and costs to the extent the Labor Commissioner would be entitled to such fees in an action under Section 98.3.
(d) (1) A public prosecutor shall provide a 14-day notice to the Division of Labor Standards Enforcement prior to prosecuting an action under this section. A public prosecutor’s failure to provide this notice shall not constitute a defense to the action.
(2) The Division of Labor Standards Enforcement shall have the right to intervene in any court proceedings brought pursuant to this section by a public prosecutor unless the public prosecutor has statewide authority or has enforcement authority pursuant to Section 17204 of the Business and Professions Code, in which case intervention in a proceeding brought pursuant to this section shall be permissive.
(e) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. This subdivision shall not apply to any action initiated in court by a public prosecutor prior to January 1, 2029.
(Added by Stats. 2023, Ch. 659, Sec. 2. (AB 594) Effective January 1, 2024. Repealed as of January 1, 2029, by its own provisions.)