California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA) › Subchapter 1 - Regulations of the Director of Industrial Relations › Article 4 - Proposed Penalty Procedure › Section 333 - Notice of Proposed Assessment of Civil Penalties; Final Order

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Where a civil penalty is indicated, the
					 Division shall after, or concurrent with the issuance of a citation, and within
					 a reasonable time after the date the violation occurred, notify the employer by
					 certified mail of the civil penalty proposed by the Division respecting the
					 item(s) set forth as violation(s) in the citation. Any citation and/or Notice
					 of Proposed Civil Penalty shall be deemed to be the final order of the Appeals
					 Board, not subject to review by or appeal to any court or agency, unless within
					 15 working days from the date of the receipt of such citation or such notice of
					 proposed civil penalty, the employer notifies the Appeals Board in writing of
					 his intention to contest the citation and/or the civil penalty, with respect to
					 violations alleged by the division, abatement periods, amount of proposed
					 penalties, and the reasonableness of the changes required by the division to
					 abate the condition.
(b)
					 Notwithstanding subsection (a), if an employer timely submits to the Division
					 proof of satisfactory abatement of a Serious violation, the Division shall
					 modify the civil penalty of the corresponding citation pursuant to Section
					 336(e)(2), even if
					 the citation has become a final order of the Appeals Board. If the Division
					 rejects an employer's timely-submitted proof of abatement as unsatisfactory, or
					 if the Division fails to modify the penalty as required following the timely
					 submission of proof of satisfactory abatement, then an employer may appeal such
					 actions pursuant to Section
					 359 of Title 8 of the California
					 Code of Regulations.
1.
						Amendment filed 3-7-75; effective thirtieth day thereafter (Register 75, No.
						10).
2. Amendment filed 12-28-84; effective thirtieth day thereafter
						(Register 84, No. 52).
3. Amendment of section heading,
						redesignation of existing section as subsection (a) and new subsection (b)
						filed 2-12-2015 as an emergency; operative 2-12-2015 (Register 2015, No. 7). A
						Certificate of Compliance must be transmitted to OAL by 8-11-2015 or emergency
						language will be repealed by operation of law on the following
						day.
4. Amendment of section heading, redesignation of existing
						section as subsection (a) and new subsection (b) refiled 8-10-2015 as an
						emergency; operative 8-10-2015 (Register 2015, No. 33). A Certificate of
						Compliance must be transmitted to OAL by 11-9-2015 or emergency language will
						be repealed by operation of law on the following day.
5. Amendment
						of section heading, redesignation of existing section as subsection (a) and new
						subsection (b) refiled 11-5-2015 as an emergency; operative 11-5-2015 (Register
						2015, No. 45). A Certificate of Compliance must be transmitted to OAL by
						2-3-2016 or emergency language will be repealed by operation of law on the
						following day.
6. Reinstatement of section as it existed prior to
						2-12-2015 emergency amendment by operation of Government Code section
						11346.1(f)
						(Register 2016, No. 12).
7. Amendment of section heading and section
						filed 3-14-2016; operative 3-14-2016 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2016, No. 12).
Note: Authority cited: Sections
						  54,
						  55 and
						  6319, Labor
						  Code. Reference: Section
						  6319, Labor
						  Code.