reglab/statecodes huggingface dataset:
2023 California Code › Labor Code - LAB › DIVISION 4.7 - RETRAINING AND REHABILITATION › Section 6201.

6201. The employer or insurance carrier shall notify the injured employee of the availability of rehabilitation services in those cases where there is continuing disability of 28 days and beyond. Notification shall be made at the time the employee is paid retroactively for the first day of disability (in cases of 28 days of continuing disability or hospitalization) which has previously been uncompensated. A copy of said notification shall be forwarded to the State Department of Rehabilitation.
(Added by Stats. 1971, Ch. 1506.)
2023 California Code › Labor Code - LAB › DIVISION 4.7 - RETRAINING AND REHABILITATION › Section 6203.

6203. If a rehabilitation plan requires an injured employee to attend an educational or medical facility away from his home, the injured employee shall be paid a reasonable and necessary subsistence allowance in addition to temporary disability indemnity. The subsistence allowance shall be regarded neither as indemnity nor as replacement for lost earnings, but rather as an amount reasonable and necessary to sustain the employee. The determination of need in a particular case shall be established as part of the rehabilitation plan.
(Amended by Stats. 1972, Ch. 715.)
2023 California Code › Labor Code - LAB › DIVISION 4.7 - RETRAINING AND REHABILITATION › Section 6204.

6204. An injured employee agreeing to a rehabilitation plan shall cooperate in carrying it out. On his unreasonable refusal to comply with the provisions of the rehabilitation plan, the injured employee’s rights to further subsistence shall be suspended until compliance is obtained, except that the payment of temporary or permanent disability indemnity, which would be payable regardless of the rehabilitation plan, shall not be suspended.
(Amended by Stats. 1972, Ch. 715.)
2023 California Code › Labor Code - LAB › DIVISION 4.7 - RETRAINING AND REHABILITATION › Section 6205.

6205. The injured employee may agree with his employer or insurance carrier upon a rehabilitation plan without submission of such plan for approval to the State Department of Rehabilitation. Provision of service under such plans shall be at no cost to the State General Fund.
(Added by Stats. 1971, Ch. 1506.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 1 - Jurisdiction and Duties › Section 6300.

6300. The California Occupational Safety and Health Act of 1973 is hereby enacted for the purpose of assuring safe and healthful working conditions for all California working men and women by authorizing the enforcement of effective standards, assisting and encouraging employers to maintain safe and healthful working conditions, and by providing for research, information, education, training, and enforcement in the field of occupational safety and health.
(Repealed and added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 1 - Jurisdiction and Duties › Section 6302.

6302. As used in this division:
(a) “Director” means the Director of Industrial Relations.
(b) “Department” means the Department of Industrial Relations.
(c) “Insurer” includes the State Compensation Insurance Fund and any private company, corporation, mutual association, and reciprocal or interinsurance exchange, authorized under the laws of this state to insure employers against liability for compensation under this part and under Division 4 (commencing with Section 3201), and any employer to whom a certificate of consent to self-insure has been issued.
(d) “Division” means the Division of Occupational Safety and Health.
(e) “Standards board” means the Occupational Safety and Health Standards Board, within the department.
(f) “Appeals board” means the Occupational Safety and Health Appeals Board, within the department.
(g) “Aquaculture” means a form of agriculture as defined in Section 17 of the Fish and Game Code.
(h) “Serious injury or illness” means any injury or illness occurring in a place of employment or in connection with any employment that requires inpatient hospitalization, for other than medical observation or diagnostic testing, or in which an employee suffers an amputation, the loss of an eye, or any serious degree of permanent disfigurement, but does not include any injury or illness or death caused by an accident on a public street or highway, unless the accident occurred in a construction zone.
(i) “Serious exposure” means any exposure of an employee to a hazardous substance when the exposure occurs as a result of an incident, accident, emergency, or exposure over time and is in a degree or amount sufficient to create a realistic possibility that death or serious physical harm in the future could result from the actual hazard created by the exposure.
(Amended by Stats. 2019, Ch. 200, Sec. 1. (AB 1805) Effective January 1, 2020.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 1 - Jurisdiction and Duties › Section 6303.

6303. (a) “Place of employment” means any place, and the premises appurtenant thereto, where employment is carried on, except a place where the health and safety jurisdiction is vested by law in, and actively exercised by, any state or federal agency other than the division.
(b) “Employment” includes the carrying on of any trade, enterprise, project, industry, business, occupation, or work, including all excavation, demolition, and construction work, or any process or operation in any way related thereto, in which any person is engaged or permitted to work for hire, except household domestic service.
(c) “Employment,” for purposes of this division only, also includes volunteer firefighting when covered by Division 4 (commencing with Section 3200) pursuant to Section 3361.
(d) Subdivision (c) shall become operative on January 1, 2004.
(Amended by Stats. 2002, Ch. 368, Sec. 1. Effective September 5, 2002.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 1 - Jurisdiction and Duties › Section 6303.5.

6303.5. Nothing in this division shall be construed to limit the jurisdiction of the state over any employmment or place of employment by reason of the exercise of occupational safety and health jurisdiction by any federal agency if federal jurisdiction is being exercised under a federal law which expressly authorizes concurrent state jurisdiction over occupational safety or health issues.
(Added November 8, 1988, by initiative Proposition 97. Note: Prop. 97 is titled the California Occupational Safety and Health Restoration Act.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 1 - Jurisdiction and Duties › Section 6304.1.

6304.1. (a) “Employee” means every person who is required or directed by any employer to engage in any employment or to go to work or be at any time in any place of employment.
(b) “Employee” also includes volunteer firefighters covered by Division 4 (commencing with Section 3200) pursuant to Section 3361.
(c) Subdivision (b) shall become operative on January 1, 2004.
(d) This act does not affect claims that arose pursuant to Division 5 of this code between January 1, 2002, and the effective date of this act.
(Amended by Stats. 2002, Ch. 368, Sec. 2. Effective September 5, 2002.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 1 - Jurisdiction and Duties › Section 6304.2.

6304.2. Notwithstanding Section 6413, and except as provided in Sections 6304. 3 and 6304.4, any state prisoner engaged in correctional industry, as defined by the Department of Corrections, shall be deemed to be an “employee,” and the Department of Corrections shall be deemed to be an “employer,” with regard to such prisoners for the purposes of this part.
(Added by Stats. 1977, Ch. 1215.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 1 - Jurisdiction and Duties › Section 6304.3.

6304.3. (a) A Correctional Industry Safety Committee shall be established in accordance with Department of Corrections administrative procedures at each facility maintaining a correctional industry, as defined by the Department of Corrections. The Division of Occupational Safety and Health shall promulgate, and the Department of Corrections shall implement, regulations concerning the duties and functions which shall govern the operation of each such committee.
(b) All complaints alleging unsafe or unhealthy working conditions in a correctional industry shall initially be directed to the Correctional Industry Safety Committee of the facility prison. The committee shall attempt to resolve all complaints.
If a complaint is not resolved by the committee within 15 calendar days, the complaint shall be referred by the committee to the division where it shall be reviewed. When the division receives a complaint which, in its determination, constitutes a bona fide allegation of a safety or health violation, the division shall summarily investigate the same as soon as possible, but not later than three working days after receipt of a complaint charging a serious violation, as defined in Section 6309, and not later than 14 calendar days after receipt of a complaint charging a nonserious violation.
(c) Except as provided in subdivision (b) and in Section 6313, the inspection or investigation of a facility maintaining a correctional industry, as defined by the Department of Corrections, shall be discretionary with the division.
(d) Notwithstanding Section 6321, the division may give advance notice of an inspection or investigation and may postpone the same if such action is necessary for the maintenance of security at the facility where the inspection or investigation is to be held, or for insuring the safety and health of the division’s representative who will be conducting such inspection or investigation.
(Amended by Stats. 1980, Ch. 676.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 1 - Jurisdiction and Duties › Section 6304.4.

6304.4. A prisoner engaged in correctional industry, as defined by the Department of Corrections, shall not be considered an employee for purposes of the provisions relating to appeal proceedings set forth in Chapter 7 (commencing with Section 6600).
(Amended by Stats. 1983, Ch. 142, Sec. 111.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 1 - Jurisdiction and Duties › Section 6304.5.

6304.5. It is the intent of the Legislature that the provisions of this division, and the occupational safety and health standards and orders promulgated under this code, are applicable to proceedings against employers for the exclusive purpose of maintaining and enforcing employee safety.
Neither the issuance of, or failure to issue, a citation by the division shall have any application to, nor be considered in, nor be admissible into, evidence in any personal injury or wrongful death action, except as between an employee and his or her own employer. Sections 452 and 669 of the Evidence Code shall apply to this division and to occupational safety and health standards adopted under this division in the same manner as any other statute, ordinance, or regulation. The testimony of employees of the division shall not be admissible as expert opinion or with respect to the application of occupational safety and health standards. It is the intent of the Legislature that the amendments to this section enacted in the 1999–2000 Regular Session shall not abrogate the holding in Brock v. State of California (1978) 8l Cal.App.3d 752.
(Amended by Stats. 1999, Ch. 615, Sec. 2. Effective January 1, 2000.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 1 - Jurisdiction and Duties › Section 6305.

6305. (a) “Occupational safety and health standards and orders” means standards and orders adopted by the standards board pursuant to Chapter 6 (commencing with Section 140) of Division 1 and general orders heretofore adopted by the Industrial Safety Board or the Industrial Accident Commission.
(b) “Special order” means any order written by the chief or the chief’s authorized representative to correct an unsafe condition, device, or place of employment which poses a threat to the health or safety of an employee and which cannot be made safe under existing standards or orders of the standards board. These orders shall have the same effect as any other standard or order of the standards board, but shall apply only to the employment or place of employment described in the written order of the chief’s authorized representative.
(Amended by Stats. 1981, Ch. 714, Sec. 319.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 1 - Jurisdiction and Duties › Section 6306.

6306. (a) “Safe,” “safety,” and “health” as applied to an employment or a place of employment mean such freedom from danger to the life, safety, or health of employees as the nature of the employment reasonably permits.
(b) “Safety device” and “safeguard” shall be given a broad interpretation so as to include any practicable method of mitigating or preventing a specific danger, including the danger of exposure to potentially injurious levels of ionizing radiation or potentially injurious quantities of radioactive materials.
(Repealed and added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 1 - Jurisdiction and Duties › Section 6307.

6307. The division has the power, jurisdiction, and supervision over every employment and place of employment in this state, which is necessary adequately to enforce and administer all laws and lawful standards and orders, or special orders requiring such employment and place of employment to be safe, and requiring the protection of the life, safety, and health of every employee in such employment or place of employment.
(Repealed and added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 1 - Jurisdiction and Duties › Section 6307.1.

6307.1. The State Department of Health Services shall assist the division in the enforcement of Section 25910 of the Health and Safety Code in the manner prescribed by a written agreement between the State Department of Health Services and the Department of Industrial Relations, pursuant to Section 144.
(Amended by Stats. 1980, Ch. 676.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 1 - Jurisdiction and Duties › Section 6308.

6308. The division, in enforcing occupational safety and health standards and orders and special orders may do any of the following:
(a) Declare and prescribe what safety devices, safeguards, or other means or methods of protection are well adapted to render the employees of every employment and place of employment safe as required by law or lawful order.
(b) Enforce Section 25910 of the Health and Safety Code and standards and orders adopted by the standards board pursuant to Chapter 6 (commencing with Section 140) of Division 1 of the Labor Code, for the installation, use, maintenance, and operation of reasonable uniform safety devices, safeguards, and other means or methods of protection, which are necessary to carry out all laws and lawful standards or special orders relative to the protection of the life and safety of employees in employments and places of employment.
(c) Require the performance of any other act which the protection of the life and safety of the employees in employments and places of employment reasonably demands.
An employer may request a hearing on a special order or action ordered pursuant to this section, at which the employer, owner, or any other person may appear. The appeals board shall conduct the hearing at the earliest possible time.
All orders, rules, regulations, findings, and decisions of the division made or entered under this part, except special orders and action orders, may be reviewed by the Supreme Court and the courts of appeal as may be provided by law.
(Amended by Stats. 1984, Ch. 1138, Sec. 1.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 1 - Jurisdiction and Duties › Section 6308.5.

6308.5. Hearings conducted by the division pursuant to this part shall give any affected employer or other affected person the opportunity to submit facts or arguments, but may be conducted informally, either orally or in writing.
(Added by Stats. 1974, Ch. 1284.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 1 - Jurisdiction and Duties › Section 6311.

6311. No employee shall be laid off or discharged for refusing to perform work in the performance of which this code, including Section 6400, any occupational safety or health standard, or any safety order of the division or standards board will be violated, where the violation would create a real and apparent hazard to the employee or their fellow employees. Any employee who is laid off or discharged in violation of this section or is otherwise not paid because the employee refused to perform work in the performance of which this code, any occupational safety or health standard, or any safety order of the division or standards board will be violated and where the violation would create a real and apparent hazard to the employee or their fellow employees shall have a right of action for wages for the time the employee is without work as a result of the layoff or discharge. Notwithstanding Section 6303 or other law, as used in this section, “employee” includes a domestic work employee, except for a person who performs household domestic service that is publicly funded, including publicly funded household domestic service provided to a recipient, client, or beneficiary with a share of cost in that service.
(Amended by Stats. 2020, Ch. 288, Sec. 2. (AB 2658) Effective January 1, 2021.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 1 - Jurisdiction and Duties › Section 6311.5.

6311.5. (a) (1) Except as noted in paragraph (2), a person who, after receiving notice to evacuate or leave, willfully and knowingly directs an employee to remain in, or enter, an area closed due to a menace to the public health or safety as set forth in Section 409.5 of the Penal Code shall be guilty of a misdemeanor.
(2) This section shall not apply to persons authorized to close an area, or to enter an area that has been closed, pursuant to subdivision (a) or (b) of Section 409.5 of the Penal Code. This exemption includes persons listed in subdivision (d) of Section 409.5 of the Penal Code.
(b) Notwithstanding Section 6303 or other law, as used in this section, the term “employee” includes a person employed for household domestic service, including a person who performs household domestic service that is publicly funded, including publicly funded household domestic service provided to a recipient, client, or other beneficiary with a share of cost in that service.
(Added by Stats. 2020, Ch. 288, Sec. 3. (AB 2658) Effective January 1, 2021.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 1 - Jurisdiction and Duties › Section 6312.

6312. Any employee who believes that he or she has been discharged or otherwise discriminated against by any person in violation of Section 6310 or 6311 may file a complaint with the Labor Commissioner pursuant to Section 98.7.
(Amended by Stats. 1985, Ch. 1479, Sec. 7.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 1 - Jurisdiction and Duties › Section 6313.

6313. (a) The division shall investigate the causes of any employment accident that is fatal to one or more employees or that results in a serious injury or illness, or a serious exposure, unless it determines that an investigation is unnecessary. If the division determines that an investigation of an accident is unnecessary, it shall summarize the facts indicating that the accident need not be investigated and the means by which the facts were determined. The division shall establish guidelines for determining the circumstances under which an investigation of these accidents and exposures is unnecessary.
(b) The division may investigate the causes of any other industrial accident or occupational illness which occurs within the state in any employment or place of employment, or which directly or indirectly arises from or is connected with the maintenance or operation of the employment or place of employment, and shall issue any orders necessary to eliminate the causes and to prevent reoccurrence. The orders may not be admitted as evidence in any action for damages, or any proceeding to recover compensation, based on or arising out of injury or death caused by the accident or illness.
(Amended by Stats. 2002, Ch. 885, Sec. 3. Effective January 1, 2003.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 1 - Jurisdiction and Duties › Section 6313.5.

6313.5. The division, after consultation with the Contractors’ State License Board, shall transmit to the Contractors’ State License Board copies of any citations or other actions taken by the division against a contractor as defined in the Contractors’ State License Law (Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code).
(Amended by Stats. 2016, Ch. 372, Sec. 4. (SB 465) Effective January 1, 2017.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 1 - Jurisdiction and Duties › Section 6314.1.

6314.1. (a) The division shall establish a program for targeting employers in high hazardous industries with the highest incidence of preventable occupational injuries and illnesses and workers’ compensation losses. The employers shall be identified from any or all of the following data sources: the California Work Injury and Illness program, the Occupational Injuries and Illness Survey, the federal hazardous employers’ list, experience modification and other relevant data maintained and furnished by all rating organizations as defined in Section 11750.1 of the Insurance Code, histories of violations of Occupational Safety and Health Act standards, and any other source deemed to be appropriate that identifies injury and illness rates.
(b) The division shall establish procedures for ensuring that the highest hazardous employers in the most hazardous industries are inspected on a priority basis. The division may send a letter to the high hazard employers who are identified pursuant to this section informing them of their status and directing them to submit a plan, including the establishment of joint labor-management health and safety committees, within a time determined by the division for reducing their occupational injury and illness rates. Employers who submit plans that meet the requirements of the division may be placed on a secondary inspection schedule. Employers on that schedule shall be inspected on a random basis as determined by the division. Employers who do not submit plans meeting the requirements of the division within the time specified by the division shall be placed on the primary inspection list. Every employer on the primary inspection list shall be subject to an inspection. The division shall employ sufficient personnel to meet minimum federal targeted inspection standards.
(c) The division shall establish and maintain regional plans for allocating the division’s resources for the targeted inspection program in addition to the inspections required or authorized in Sections 6309, 6313, and 6320. Each regional plan shall focus on industries selected from the targeted inspection program as well as any other scheduled inspections that the division determines to be appropriate to the region, including the cleanup of hazardous waste sites. All targeted inspections shall be conducted on a priority basis, targeting the worst employers first.
(d) In order to maximize the impact of the regional plans, the division shall coordinate its education, training, and consulting services with the priorities established in the regional plans.
(Repealed and added by Stats. 1993, Ch. 121, Sec. 68. Effective July 16, 1993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 1 - Jurisdiction and Duties › Section 6314.5.

6314.5. (a) Every inspection conducted by the division shall include an evaluation of the employer’s injury prevention program established pursuant to Section 6401.7. The division shall evaluate injury prevention programs using the criteria for substantial compliance determined by the standards board. The evaluation shall include interviews with a sample of employees and the members of any employer-employee occupational safety and health committee. In any inspection which includes work for which a permit is required pursuant to Section 6500 and for which a permit has been issued pursuant to Section 6502, the evaluation of the employer’s injury prevention program shall be limited to the implementation of the plan approved by the division in the issuance of the permit. Before any inspection is concluded, the division shall notify the employer of the services available from the department to assist the employer to establish, maintain, improve, and evaluate the employer’s injury prevention program.
(b) Inspections also shall include an evaluation of the following:
(1) The condition or conditions alleged in the complaint if the inspection is conducted pursuant to Section 6309.
(2) The condition or conditions involved in the accident if the inspection is conducted pursuant to Section 6313.
(3) The condition or conditions involving work for which a permit is required pursuant to Section 6500, for which notification of asbestos related work is required pursuant to Section 6501.5, or for which a report of use of a carcinogen is required pursuant to Section 9030.
(4)  The condition or conditions related to significant safety or health hazards in the industries identified in the regional plans developed pursuant to Section 6314.1.
(5) The condition or conditions involved in abatement of previous violations, special orders, or action orders if the inspection is conducted pursuant to Section 6320.
(c) The scope of any inspection may be expanded beyond the evaluations specified in subdivisions (a) and (b) whenever, in the opinion of the division, a more complete inspection is warranted.
(Added by Stats. 1989, Ch. 1369, Sec. 5. Effective October 2, 1989.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 1 - Jurisdiction and Duties › Section 6315.3.

6315.3. The bureau shall, not later than February 15, annually submit to the division for submission to the director a report on the activities of the bureau, including, but not limited to, the following:
(a) Totals of each type of report provided the bureau under each category in subdivision (b) of Section 6315.
(b) Totals of each type of case reflecting the number of investigations and court cases in progress at the start of the calendar year being reported, investigations completed in the calendar year, cases referred to appropriate prosecuting authorities in the calendar year, and investigations and court cases in progress at the end of the calendar year. The types of cases shall include the following:
(1) Those that the bureau is required to investigate, divided into fatalities, serious injuries to five or more employees, and requests for prosecution from a division representative.
(2) Those that were initiated by the bureau following the review required in subdivision (a) of Section 6315, divided into serious injuries to fewer than five employees and serious exposures.
(c) A summary of the dispositions in the calendar year of cases referred by the bureau to appropriate prosecuting authorities. The summary shall be divided into the types of cases, as described in subdivision (b), and shall show at least the violation, the statute for which the case was referred for prosecution, and the dates of referral to the bureau for investigation, referral from the bureau for prosecution, and the final court action if the case was prosecuted.
(d) A summary of investigations completed in the calendar year that did not result in a referral for prosecution, divided into the types of cases as described in subdivision (b), showing the violation and the reasons for nonreferral.
(e) A summary of the use of the bureau’s resources in accomplishing the bureau’s mission.
(Amended by Stats. 2006, Ch. 538, Sec. 493. Effective January 1, 2007.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 1 - Jurisdiction and Duties › Section 6315.5.

6315.5. All occupational safety and health standards and orders, rules, regulations, findings, and decisions of the division made and entered pursuant to this part are admissible as evidence in any prosecution for the violation of any provision of this part, and shall, in every such prosecution, be presumed to be reasonable and lawful and to fix a reasonable and proper standard and requirement of safety unless, prior to the institution of the prosecution for such violation, proceedings for a hearing on a special order are instituted, or a petition is filed under Section 11426 of the Government Code.
(Added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 1 - Jurisdiction and Duties › Section 6316.

6316. Except as limited by Chapter 6 (commencing with Section 140) of Division 1, nothing in this part shall deprive the governing body of any county, city, or public corporation, board, or department, of any power or jurisdiction over or relative to any place of employment.
(Repealed and added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 1 - Jurisdiction and Duties › Section 6317.5.

6317.5. (a) If, upon inspection or investigation, the division finds that an employer has falsified any materials posted in the workplace or distributed to employees related to the California Occupational Safety and Health Act, the division shall issue a citation to the employer.
(b) Each citation issued pursuant to this section, or a copy or copies thereof, shall be prominently posted, as prescribed in regulations issued by the director.
(c) Any employer served with a citation pursuant to subdivision (a) may appeal to the appeals board pursuant to the provisions of Chapter 7 (commencing with Section 6600). The appeal shall be subject to the timeframes and procedures set forth in that chapter.
(d) The provisions of this section are in addition to, and not in lieu of, all other criminal penalties and civil remedies that may be applicable to any act leading to issuance of a citation pursuant to this section.
(Added by Stats. 1993, Ch. 580, Sec. 2. Effective January 1, 1994.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 1 - Jurisdiction and Duties › Section 6317.7.

6317.7. If, upon inspection or investigation, the division finds no violations pursuant to this chapter, the division with reasonable promptness shall issue a written notice to the employer specifying the areas inspected and stating that no violations were found.
The director shall prescribe procedures for the issuance of this notice.
(Added by Stats. 1993, Ch. 580, Sec. 3. Effective January 1, 1994.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 1 - Jurisdiction and Duties › Section 6317.8.

6317.8. (a) Notwithstanding any other law, if, upon inspection or investigation, the division believes that an employer has willfully and egregiously violated an occupational safety or health standard, order, special order, or regulation, the division, with reasonable promptness, shall issue a citation to that employer for each egregious violation, and each instance of an employee exposed to that violation shall be considered a separate violation for purposes of the issuance of fines and penalties.
(b) For the purposes of this section, a violation is an “egregious violation” if one or more of the following is true about that employer or the willful violations committed by it:
(1) The employer, intentionally, through conscious, voluntary action or inaction, made no reasonable effort to eliminate the known violation.
(2) The violations resulted in worker fatalities, a worksite catastrophe, or a large number of injuries or illnesses. For purposes of this paragraph, “catastrophe” means the inpatient hospitalization, regardless of duration, of three or more employees resulting from an injury, illness, or exposure caused by a workplace hazard or condition.
(3) The violations resulted in persistently high rates of worker injuries or illnesses.
(4) The employer has an extensive history of prior violations of this part.
(5) The employer has intentionally disregarded their health and safety responsibilities.
(6) The employer’s conduct, taken as a whole, amounts to clear bad faith in the performance of their duties under this part.
(7) The employer has committed a large number of violations so as to undermine significantly the effectiveness of any safety and health program that may be in place.
(c) The conduct underlying a violation determined to be egregious shall have occurred within the five years preceding a citation for an egregious violation. Once a violation is determined to be egregious, that determination shall remain in effect for only five years. After that five-year period has elapsed, additional evidence as described in subdivision (b) shall be required to support any subsequent citation for an egregious violation.
(d) Notwithstanding subdivision (a), each employee exposed to a violation described in subdivision (a) shall not be considered a separate violation for purposes of a questionnaire described by Section 20101 of the Public Contract Code.
(e) This section shall not apply to the Department of Corrections and Rehabilitation, the California Correctional Health Care Services, or the State Department of State Hospitals.
(Added by Stats. 2021, Ch. 336, Sec. 2. (SB 606) Effective January 1, 2022.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 1 - Jurisdiction and Duties › Section 6317.9.

6317.9. In the investigation of the policies and practices of an employer or a related employer entity, the division may issue a subpoena if the employer or the related employer entity fails to promptly provide the requested information, and may enforce the subpoena if the employer or the related employer entity fails to provide the requested information within a reasonable period of time.
(Added by Stats. 2021, Ch. 336, Sec. 3. (SB 606) Effective January 1, 2022.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 1 - Jurisdiction and Duties › Section 6319.3.

6319.3. (a) Except as provided in subdivision (b) of this section and subdivision (j) of Section 6401.7, no civil penalty shall be assessed against any new employer in the state for a violation of any standard developed pursuant to subdivision (a) of Section 6401.7 for a period of one year after the date the new employer establishes a business in the state.
(b) Subdivision (a) shall only apply to an employer who has made a good faith effort to comply with any standard developed pursuant to subdivision (a) of Section 6401.7, but shall not apply if the employer is found to have committed a serious, willful, or repeated violation of that standard, or fails to abate the violation and is assessed a penalty pursuant to Section 6430.
(Added by Stats. 1993, Ch. 928, Sec. 1. Effective January 1, 1994.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 1 - Jurisdiction and Duties › Section 6319.5.

6319.5. Upon a showing by an employer of a good-faith effort to comply with the abatement requirement of a citation, and that abatement has not been completed because of factors beyond his reasonable control, the division, after an opportunity for a hearing, shall issue an order affirming or modifying the abatement requirements in such citation.
(Added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 1 - Jurisdiction and Duties › Section 6320.

6320. (a) If, after inspection or investigation, the division issues a special order, order to take special action, or a citation for a serious violation, and if at the time of inspection the order is not complied with or the violation is not abated, the division shall conduct a reinspection in the following cases:
(1) All inspections or investigations involving a serious violation of a standard adopted pursuant to Section 6401.7, a special order or order to take special action, serious violations of those orders, and serious violations characterized as repeat or willful or with abatement periods of less than six days. These reinspections shall be conducted at the end of the period fixed for compliance with the order or abatement of the violation or within 30 days thereafter.
(2) At least 20 percent of the inspections or investigations involving a serious violation not otherwise scheduled for reinspection. These inspections shall be randomly selected and shall be conducted at the end of the period fixed for abatement of the violation or within a reasonable time thereafter.
(b) Whenever a serious violation is not abated at the time of the initial or subsequent inspection, the division shall require the employer to submit a signed statement, with supporting evidence, where necessary to prove abatement, under penalty of perjury, that he or she has complied with the abatement terms within the period fixed for abatement of the violation. The division may grant a modification pursuant to subdivision (g) of Section 6319 only if the employer has abated the violation at the time of the initial or subsequent inspection or the statement, signed under penalty of perjury, and supporting evidence are received within 10 working days after the end of the period fixed for abatement. At no time shall the period for abatement be fixed prior to the issuance of a citation. The submission of a signed abatement statement shall not be considered as evidence of a violation during an appeal. The division shall include on the initial notice of civil penalty a clear warning of reinspection for failure to submit the required statement in the time allotted, and of an additional, potentially substantial monetary penalty for failure to abate the violation. If the division fails to receive evidence of abatement or the statement within 10 working days after the end of the abatement period, the division shall notify the employer that the additional civil penalty for failure to abate, as provided in Section 6430, will be assessed retroactive to the end of the abatement period unless the employer can provide sufficient evidence that the violation was abated prior to that date. The division shall conduct a reinspection of serious violations within 45 days following the end of the abatement period whenever it still has no evidence of abatement.
(Amended by Stats. 2014, Ch. 497, Sec. 2. (AB 1634) Effective January 1, 2015.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 1 - Jurisdiction and Duties › Section 6321.

6321. No person or employer shall be given advance warning of an inspection or investigation by any authorized representative of the division unless authorized under provisions of this part.
Only the chief or, in the case of his absence, his authorized representatives shall have the authority to permit advance notice of an inspection or investigation. The director shall, as soon as practicable, set down limitations under which an employer may be granted advance notice by the chief. In no case, except an imminent danger to the health or safety of an employee or employees, is advance notice to be authorized when the investigation or inspection is to be made as a result of an employee complaint.
Any person who gives advance notice of any inspection to be conducted, without authority from the chief or his designees, is guilty of a misdemeanor and shall, upon conviction, be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than six months, or by both.
(Repealed and added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 1 - Jurisdiction and Duties › Section 6322.

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

6323. If the division has grounds to issue a citation pursuant to Section 6317, or if the condition of any employment or place of employment or the operation of any machine, device, apparatus, or equipment constitutes a serious menace to the lives or safety of persons about it, the division may apply to the superior court of the county in which such place of employment, machine, device, apparatus, or equipment is situated, for an injunction restraining the use or operation thereof until such condition is corrected.
(Amended by Stats. 2021, Ch. 336, Sec. 4. (SB 606) Effective January 1, 2022.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 1 - Jurisdiction and Duties › Section 6324.

6324. The application to the superior court accompanied by affidavit showing that the division has grounds to issue a citation pursuant to Section 6317 or a place of employment, machine, device, apparatus, or equipment is being operated in violation of a safety order or standard or in violation of Section 25910 of the Health and Safety Code, that the use or operation constitutes a menace to the life or safety of any person employed thereabout, and accompanied by a copy of the statute, order, or standard applicable thereto is a sufficient prima facie showing to warrant, in the discretion of the court, the immediate granting of a temporary restraining order. A bond shall not be required from the division as a prerequisite to the granting of any restraining order.
(Amended by Stats. 2021, Ch. 336, Sec. 5. (SB 606) Effective January 1, 2022.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 1 - Jurisdiction and Duties › Section 6325.

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

6325.5. If the division has reasonable cause to believe that any workplace contains friable asbestos, and if there appears to be inadequate protection for employees at that workplace to the hazards from airborne asbestos fibers, the division may issue an order prohibiting use.
(Added by Stats. 1985, Ch. 1587, Sec. 7.4. Effective October 2, 1985.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 1 - Jurisdiction and Duties › Section 6326.

6326. Every person who, after such notice is attached as provided in Section 6325, enters any such place of employment, or uses or operates any such place of employment, machine, device, apparatus, or equipment before it is made safe and the required safeguards or safety appliances or devices are provided, or who defaces, destroys or removes any such notice without the authority of the division, is guilty of a misdemeanor punishable by a fine of up to one thousand dollars ($1,000), or up to one year in the county jail, or both.
(Added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 1 - Jurisdiction and Duties › Section 6327.

6327. Once an authorized representative of the division has prohibited entry in or use of a place of employment, machine, device, apparatus, or equipment, as specified in Section 6325, the employer may contest the order and shall be granted, upon request, a hearing by the division to review the validity of the representative’s order. The hearing shall be held within 24 hours following the employer’s request.
(Repealed and added by Stats. 1986, Ch. 1178, Sec. 2.)