reglab/statecodes huggingface dataset:
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 2 - Regulations of the Division of Occupational Safety and Health › Article 13 - Certification Requirements › Plate 1 - Notice of Crane Safety Deficiencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(Sample format--IS 162)
Equipment Operator:
								___________________________
___________________________Owner:
Address:___________________________
___________________________Address:
Description and location of equipment
								inspected: __________________________________________________________
________________________________________________________________________________________________
Manufacturer: ___________________________
Model No.: ___________________________
Serial No.:
								___________________________
Owner I.D.: ___________________________
Rated Capacity: ___________________________
The following deficiencies were found
								to exist during the inspection, testing and/or examiantion of the
								above-referenced equipment on ________________________________________.
Description of Condition to be
								Corrected
Verification Date and Signature
1.
2.
3.
4.
5.
6.
7.
8.
9.
(See attached sheet for additional
								items or descriptions, if any.)
A certificate to operate the above-referenced equipment
						will not be issued until the items noted herein are corrected and verified as
						such by the undersigned.
A copy of this Notice, as well as any subsequent
						verification of corrections, shall be sent, as required, to the Division of
						Occupational Safety and Health. Labor Code 7375 and Sections
						344.6, et. seq. and 4884, et. seq.
						of Title 8 of the California Code of Regulations prohibit the operation of any
						crane or derrick subject to the certification requirements thereof to be
						operated without a valid certification issued by a Division-licensed certifier
						or approved surveyor.
Licensed Certifier,
								Name:___________________________
License
								No.:___________________________
Address:___________________________
Approved Surveyor, Name:___________________________
Title:___________________________
Date:_______________
Signature:___________________________
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 2 - Regulations of the Division of Occupational Safety and Health › Article 13 - Certification Requirements › Section 344.81 - Fixed and Mobile Tower Crane Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Fixed tower cranes and mobile tower
					 cranes subject to this article shall be examined, tested and certified pursuant
					 to article 99 annually and in the case of a fixed tower crane whenever it is
					 erected at a new site.
(b) If a
					 fixed tower crane is relocated to a new position on the same project a new
					 certification is required. This requirement does not apply to the climbing of
					 the tower crane.
(c) Each annual
					 certification of a fixed or mobile tower crane shall include examination and
					 testing of the crane structure and its parts as required pursuant to sections
					 4884 et seq. of title 8 of the
					 California Code of Regulations and manufacturer recommendations. In the case of
					 any fixed tower crane the annual certification must include detailed
					 non-destructive tests of the load hook, slewing ring, tower section and slewing
					 ring bolts, as well as all structural welds in the crane's tower section, mast
					 and the jibs shall be performed where applicable. All deficiencies shall be
					 corrected prior to use.
Note:
Written records of the tests and test
						procedures performed shall be maintained and made available to the Division
						upon request for a period of five years.
1. New
						section filed 7-15-91 as an emergency; operative 7-15-91 (Register 91, No. 44).
						A Certificate of Compliance must be transmitted to OAL 11-12-91 or emergency
						language will be repealed by operation of law on the following
						day.
Note: Authority cited: Sections
						  60.5,
						  6308,
						  7373 and
						  7375, Labor
						  Code. Reference: Sections
						  7370-
						  7383, Labor
						  Code.
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 2 - Regulations of the Division of Occupational Safety and Health › Article 14 - Limitations on Division Eligibility for Certifications, Licenses, and Registrations for Aliens › Section 344.85 - Limitations on Division Eligibility for Certifications, Licenses, and Registrations for Aliens

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
					 eligibility requirements contained herein shall be applied without regard to
					 the race, creed, color, gender, religion, or national origin of the
					 applicant.
(b) Pursuant to Section
					 411 of the Personal Responsibility
					 and Work Opportunity Reconciliation Act of 1996, [Pub. L. No.
					 104-193(PRWORA)], (8 U.S.C. section
					 1621), and notwithstanding any other
					 provision of this division, an alien who is not a qualified alien, a
					 nonimmigrant alien under the Immigration and Nationality Act (INA)
					 (8 U.S.C. section
					 1101 et seq.), or an alien paroled into the
					 United States under Section
					 212(d)(5) of the
					 INA [(8 U.S.C.
					 1182(d)(5)], for less than
					 one year, is not eligible for any of the following benefits, except as provided
					 in 8 U.S.C.
					 1621(c)(2):
(1) A certification as an asbestos consultant
					 or site surveillance technician pursuant to
					 8 CCR
					 sections 341.15 and Business and Professions
					 Code Section
					 7180,
(2) A blaster's license pursuant to
					 8 CCR
					 sections 344.20 through
					 344.22 and Labor Code Section
					 7990,
(3) A license to certify cranes or derricks
					 pursuant to
					 8 CCR
					 section 344.60 through
					 344.67 and Labor Code Section
					 7375,
(4) A registration for asbestos-related work
					 pursuant to
					 8 CCR
					 sections 341.6 through
					 341.14 and Labor code Section
					 6501.5,
(5) A certification as a gas tester pursuant
					 to 8 CCR
					 sections 7104,
					 8406 and
					 8424 and Labor Code Section
					 7999.
(6) A certification as a safety
					 representative pursuant to
					 8 CCR
					 section 8406 and Labor Code Section
					 7999.
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 2 - Regulations of the Division of Occupational Safety and Health › Article 14 - Limitations on Division Eligibility for Certifications, Licenses, and Registrations for Aliens › Section 344.90 - Impalement Protection. Specifications and Testing Criteria (See Construction Safety Orders, Title 8, CCR Section 1712)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Scope: This section governs the testing
					 of manufactured protective covers designed to prevent accidental impalement
					 from exposed reinforcing steel (rebar) or other similar projections.
(b) Effective Date: This section applies to
					 all protective covers manufactured on or after October 1, 2000.
(c) All manufactured protective covers used
					 as protection against impalement for workers at grade or the same level as the
					 projection shall:
(1) Pass the drop test
					 described in subsection (e) of this section, except that the drop height may be
					 reduced to 7 1/2'.
(2) Meet all
					 other applicable requirements of section
					 1712 of this
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 1 - General › Section 345 - Scope and Application of Rules

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These rules of practice and procedure of the Occupational
					 Safety and Health Appeals Board shall govern all appeals, contests, motions,
					 hearings, petitions, and proceedings before the Appeals Board and an
					 Administrative Law Judge of the Appeals Board, arising from actions by the
					 Division of Occupational Safety and Health taken pursuant to Part 1 (commencing
					 with Section
					 6300) of Division 5 of the Labor
					 Code or Section
					 2950
					 of the Health and Safety Code, or for employers' cost recovery pursuant to
					 Section
					 149.5 of the
					 Labor Code.
1. Repealer
					 of Article 1 (Sections
					 345-356.2) and new Article 1
					 (Sections 345-356.2) filed 6-5-80; effective
					 thirtieth day thereafter (Register 80, No. 23). For prior history, see
					 Registers 76, No. 38; 74, No. 31; 74, No. 18; and Register 74, No.
					 2.
2. Repealer of former Section
					 345 and renumbering of former
					 Section 345.1 to Section
					 345 filed 2-1-84; effective
					 thirtieth day thereafter (Register 84, No. 5).
Note: Authority cited: Sections
						148.7 and
						149.5, Labor
						Code. Reference: Sections
						148.7 and
						149.5, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 1 - General › Section 346 - Oshab Appeals Scheduling and Information System - Oasis

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The California Occupational Safety and
				  Health Appeals Board's (OSHAB's) document management, case management and court
				  calendaring system is known as OASIS.
(b) OASIS is an acronym for OSHAB Appeals
				  Scheduling and Information System.
1. New
					 section filed 8-2-2016; operative 10-1-2016 (Register 2016, No. 32). For prior
					 history, see Register 84, No. 5.
Note: Authority cited: Section
						148.7, Labor
						Code. Reference: Sections
						148.7 and
						6603, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 1 - General › Section 346.1 - Validity of Scanned Documents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When the Appeals Board scans a document
				  in the OASIS file, the scanned document shall be deemed identical to the
				  original document.
(b) The
				  following differences in the scanned document do not preclude it from being
				  deemed identical to the original document:
(1)
				  The physical dimensions of a scanned document may be slightly different than
				  the original;
(2) The Appeals
				  Board's scanning process may affix to the scanned document a bar code, unique
				  number, or any other marking necessary to scan or index the
				  document.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 1 - General › Section 346.2 - Official Record and Oasis Electronic File

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) OASIS stores documents in electronic
				  form. When OASIS becomes operative, the official administrative record of an
				  appeal shall be those electronic documents and evidence stored in the OASIS
				  electronic file, except that:
(1) Oversized,
				  demonstrative, or other non-standard sized documentary evidence incapable of
				  being scanned into an electronic form but admitted into evidence at a hearing
				  shall be retained outside of OASIS pursuant to the provisions of Section
				  376.4 and continue to be part of
				  the administrative record.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 1 - General › Section 347 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purpose of these rules:
(a) "Administrative Law Judge" means any
				  person appointed by the Appeals Board pursuant to Labor Code Sections
				  6605 and
				  6607 as a
				  hearing officer to conduct hearings and to decide matters within the
				  jurisdiction of the Appeals Board;
(b) "Administrative Record" includes the
				  following:
(1) Pleadings;
(2) All notices issued to parties;
(3) All orders issued;
(4) Any decision by an Administrative Law
				  Judge;
(5) The final
				  decision;
(6) Emails received from
				  or sent to parties to the case;
(7)
				  The hearing record as defined by subsection (s);
(8) Petition(s) for reconsideration and
				  answers;
(9) Dispositions of
				  petitions for reconsideration;
(10)
				  Other documents entered into the record by the Appeals Board after a "Petition
				  for Reconsideration" is received;
(11) Briefs;
(12) Motions;
(13) Stipulations;
(14) Party correspondence related to the
				  proceeding;
(15) Other documents
				  submitted by the parties related to the hearing; and
(16) Official Address
				  Record;
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 1 - General › Section 347.1 - Appendices. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 2-1-84; effective thirtieth day thereafter (Register 84, No.
					 5).
Note: Authority cited: Sections
						148.7 and
						149.5, Labor
						Code. Reference: Sections
						148.7 and
						149.5, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 1 - General › Section 348 - Computation of Time

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				  computing the time within which a right may be exercised or an act is to be
				  performed, the first day shall be excluded and the last day shall be included.
				  If the last day is not a working day, time shall be extended to the next
				  working day.
(b) Unless otherwise
				  indicated by proof of service, if the envelope was properly addressed, the
				  mailing date shall be presumed to be:
(1) the
				  postmark date appearing on the envelope if first-class postage was prepaid;
				  or
(2) the date of delivery to a
				  common carrier promising overnight delivery as shown on the carrier's
				  receipt.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 1 - General › Section 349 - Late Filing. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of subsection (a) filed 2-1-84; effective thirtieth day thereafter (Register
					 84, No. 5).
2. Repealer of text and amendment of NOTE filed
					 10-30-92; operative 11-30-92 (Register 92, No.
					 44).
Note: Authority cited: Section
						148.7, Labor
						Code. Reference: Sections
						148.7,
						149.5 and
						6601, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 1 - General › Section 350 - Administrative Law Judge's Oath

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Before entering upon judicial duties, each Administrative Law Judge shall take
				  the following oath or affirmation and sign a written copy: "I do solemnly swear
				  (or affirm) that I will faithfully and fairly hear and determine matters and
				  issues referred to me, to make just findings and to report according to my
				  understanding."
(b) The oath of
				  affirmation taken by an Administrative Law Judge shall apply to all subsequent
				  official actions taken in that capacity and need not be repeated for each
				  matter or proceeding.
1. Change
					 without regulatory effect filed 6-23-86; effective thirtieth day thereafter
					 (Register 86, No. 26).
Note: Authority cited: Sections
						148.7 and
						149.5, Labor
						Code. Reference: Sections
						148.7,
						149.5 and
						6607, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 1 - General › Section 350.2 - Authority of Executive Officer and Chief Counsel

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Executive Officer and the Chief Counsel shall have full
					 power, jurisdiction and authority to issue a subpoena and subpoena duces tecum
					 for the attendance of a person and the production of testimony, books,
					 documents, or other things, to compel the attendance of a person residing
					 anywhere in the State, to certify official acts, to grant a withdrawal,
					 disposition or amendment, and to issue such other orders as may be necessary
					 for the full adjudication of the matter. Final orders issued by the Executive
					 Officer or the Chief Counsel shall be the orders of the Appeals Board unless
					 reconsideration is granted.
1. New
					 Section filed 2-1-84; effective thirtieth day thereafter (Register 84, No.
					 5).
Note: Authority cited: Sections
						148.7,
						149.5 and
						6604, Labor
						Code. Reference: Section
						11182,
						Government Code; and Sections
						148.7,
						148.8,
						149.5 and
						6604, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 1 - General › Section 350.3 - Administrative Adjudication Code of Ethics

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Administrative Adjudication Code of Ethics defined in
					 Government Code section
					 11475 is
					 adopted and shall apply to Administrative Law Judges of the California
					 Occupational Health and Safety Appeals Board, as defined in section
					 347, subsection
					 (a).
1. New
					 section filed 8-2-2016; operative 10-1-2016 (Register 2016, No.
					 32).
Note: Authority cited: Sections
						148.7 and
						148.8, Labor
						Code. Reference: Sections
						148.7 and
						6603, Labor
						Code; and Section
						11475,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 1 - General › Section 350.4 - Self-Executing Order

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Appeals Board may issue self-executing orders as a
					 means of facilitating the processing of orders. A self-executing order shall
					 contain the following conditions:
(a)
				  A date certain for the intended recipients to object to the order. If a party
				  timely objects to the order by the date specified in the order, the order shall
				  become void;
(b) That the case will
				  be set for further proceeding upon receipt of a timely objection; and
(c) If there is no timely objection to the
				  self-executing order, then the order shall be final without further Appeals
				  Board action.
1. New
					 section filed 8-2-2016; operative 10-1-2016 (Register 2016, No.
					 32).
Note: Authority cited: Sections
						148.7 and
						148.8, Labor
						Code. Reference: Sections
						148.7 and
						6603, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 1 - General › Section 351 - Records of the Appeals Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except where public disclosure of
				  information or exhibits is restricted by law, records of the Appeals Board are
				  public records and are available at its Principal Office in Sacramento,
				  California, for inspection and copying between 8:00 a.m. and 12:00 noon and
				  between 1:00 p.m. and 4:00 p.m. on any working day.
(b) Persons requesting copies of papers,
				  records, or documents are encouraged to employ an independent copy service.
				  However, the Appeals Board will copy and forward papers, records, or documents
				  as its working conditions permit and upon payment of costs, fees, and
				  applicable sales tax.
(c) No costs
				  or fees will be charged for records furnished to California State
				  Agencies.
(d) Payment of costs,
				  fees, and sales tax must accompany the request by check or money order made
				  payable to the Department of Industrial Relations.
(e) Unless otherwise required, compliance by
				  the Appeals Board with a subpoena duces tecum from a court of record,
				  administrative board or commission, hearing officer or other body conducting a
				  legal or administrative proceeding will be pursuant to Article 4 (commencing
				  with Section
				  1560) of the Evidence
				  Code.
1. Amendment
					 of subsection (b) filed 2-1-84; effective thirtieth day thereafter (Register
					 84, No. 5).
Note: Authority cited: Sections
						148.7 and
						149.5, Labor
						Code. Reference: Sections
						148.7,
						149.5,
						6314(a)
						and
						6322, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 1 - General › Section 352 - Ex Parte Communication

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as provided in subsection (b), a
				  party, intervenor, obligor, and their representatives shall not communicate
				  with Appeals Board Members or Administrative Law Judges of the Appeals Board
				  regarding a proceeding.
(b) The
				  following communications are permitted:
(1)
				  Written communications, if copies of the document(s) are contemporaneously
				  served by the communicator on all parties, intervenors, obligors, and their
				  representatives to a proceeding in accordance with Sections
				  355.3 and
				  355.4;
(2) Oral communications, if advance notice of
				  the communication(s) is given by the communicator to all parties, intervenors,
				  obligors, and their representatives to a proceeding and adequate opportunity is
				  afforded to all such persons to participate in the communication;
(3) Oral or written communications which all
				  parties, intervenors, obligors, and their representatives to a proceeding have
				  agreed may be made on an ex parte basis;
(4) Oral or written communications proposing
				  settlement, or an agreement for disposition of any or all issues in a
				  proceeding; and
(5) Oral or written
				  communications concerning a proceeding, if made more than 30 days after service
				  by the Appeals Board of a final order or decision in that
				  proceeding.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 1 - General › Section 353 - Service, Notice and Posting. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of subsections (g) and (h) filed 2-1-84; effective thirtieth day thereafter
					 (Register 84, No. 5).
2. Renumbering and amendment of former section
					 353 to section
					 355 filed 10-30-92; operative
					 11-30-92 (Register 92, No. 44).
Note: Authority cited: Section
						148.7 and
						149.5, Labor
						Code. Reference: Sections
						148.7,
						149.5 and
						6610, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 1 - General › Section 354.1 - Intervention

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A person may
				  move to participate as an intervenor in any proceeding by filing a motion in
				  accordance with Section
				  371. Such participation shall be
				  limited to the terms prescribed in the order of the Appeals Board.
(b) The motion to intervene shall set forth
				  the interest of the moving party in the proceeding and how that interest is
				  similar to that of a party, how the participation of the moving party will
				  assist in the determination of the issues before the Appeals Board, and that
				  intervention will not unnecessarily delay the proceeding.
(c) A person whose motion for intervention
				  has been granted by the Appeals Board is entitled to service of all documents
				  and notices to which parties are entitled and to participate in hearings and
				  prehearing conferences to the extent consistent with the terms prescribed in
				  the order of the Appeals Board granting intervention. An intervenor shall bear
				  the costs of copying documents previously filed with the Appeals
				  Board.
1. Change
					 without regulatory effect of subsection (c) filed 6-23-86; effective thirtieth
					 day thereafter (Register 86, No. 26).
2. Amendment of subsection (a)
					 and NOTE filed 10-30-92; operative 11-30-92 (Register 92, No.
					 44).
3. Amendment of subsections (b) and (c) filed 8-16-99;
					 operative 9-15-99 (Register 99, No. 34).
Note: Authority cited: Section
						148.7, Labor
						Code. Reference: Section
						148.7, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 1.5 - Service of Documents and Duty to Notify Others of Appeal and Hearing › Section 355 - Proper Method of Service and Official Address of Record. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 article heading and renumbering and amendment of former section
					 353 to section
					 355 filed 10-30-92; operative
					 11-30-92 (Register 92, No. 44).
2. Amendment of section, including
					 renumbering and amendment of former section
					 355.1 to new subsections (h)-(i),
					 and amendment of NOTE filed 8-16-99; operative 9-15-99 (Register 99, No.
					 34).
3. Amendment of section heading and subsection (a), new
					 subsection (b), subsection relettering and amendment of newly designated
					 subsection (d) filed 11-26-2007; operative 12-26-2007 (Register 2007, No.
					 48).
4. Repealer filed 8-2-2016; operative 10-1-2016 (Register 2016,
					 No. 32).
Note: Authority cited: Section
						148.7, Labor
						Code. Reference: Sections
						148.7,
						149.5 and
						6610, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 1.5 - Service of Documents and Duty to Notify Others of Appeal and Hearing › Section 355.1 - Official Address Record

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Appeals Board shall maintain in each proceeding an official address record,
				  which shall contain the following information provided by each party,
				  intervenor, and obligor:
(1) The name, postal
				  address, and email address, if any, of each party, intervenor, or
				  obligor;
(2) The name, postal
				  address, and email address, if any, of each party, intervenor, or obligor's
				  representative; and
(3) An election
				  by each party, intervenor, and obligor of the method of service each party,
				  intervenor, obligor, or representative shall receive from the Appeals Board
				  pursuant to Section
				  355.2, subsection
				  (a).
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 1.5 - Service of Documents and Duty to Notify Others of Appeal and Hearing › Section 355.2 - Proper Method of Service by Appeals Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Parties, intervenors, obligors, and their
				  representatives shall elect postal mail or email as their preferred method of
				  service, but not both, for documents served on them by the Appeals Board. If a
				  party does not disclose an email address in the Official Address Record,
				  service shall be by postal mail.
(1)
				  Notwithstanding subsection (a), when a hearing or conference occurs in which
				  the parties, intervenors, obligors, or their representatives appear in person,
				  the Administrative Law Judge conducting the hearing or conference may elect to
				  personally serve Appeals Board documents at that time, if
				  practicable.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 1.5 - Service of Documents and Duty to Notify Others of Appeal and Hearing › Section 355.3 - Service by Parties, Intervenors, Obligors, and Representatives

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When a party,
				  intervenor, obligor, or representative serves a document on another party,
				  intervenor, obligor, or representative, that service shall occur by first-class
				  postal mail, a carrier defined in subsection (b), or by personal
				  service.
(b) A carrier will satisfy
				  subsection (a) if it provides an alternative method that will effect service
				  that is equivalent to or more expeditious than first-class mail. For purposes
				  of this subsection, "an alternative method that will effect service that is
				  equivalent to or more expeditious than first-class mail" shall be limited to
				  either:
(1) Use of express (overnight) or
				  priority mail; or
(2) Use of a bona
				  fide commercial delivery service or attorney service promising delivery within
				  two business days, as shown on the service's invoice or
				  receipt.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 1.5 - Service of Documents and Duty to Notify Others of Appeal and Hearing › Section 355.4 - Filing Documents with the Appeals Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A party, intervenor, obligor, and their
				  representatives shall file documents with the Appeals Board by one of the
				  following methods:
(1) First-class
				  mail;
(2) An alternative method of
				  filing that is equivalent to or more expeditious than first-class mail as
				  defined in Section
				  355.3;
(3) Personal service; or
(4) Electronic service pursuant to subsection
				  (f).
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 1.5 - Service of Documents and Duty to Notify Others of Appeal and Hearing › Section 355.5 - Form and Size Requirements for Documents Filed with the Appeals Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All documents
				  filed with the Appeals Board, whether filed in paper or electronically, shall
				  be filed in accordance with the following standards:
(1) Only one side of each page shall be
				  used;
(2) All margins shall be at
				  least one inch and shall be without typed or handwritten text in any
				  margin;
(3) The first page shall
				  include a case caption that shall include the name and address of the employer,
				  the assigned docket number, and the title of the document;
(4) Documents shall be prepared in a font no
				  less than 12 points in size;
(5) No
				  single document shall exceed 25 pages in length without the prior permission of
				  the Appeals Board, a Presiding Administrative Law Judge, or an Administrative
				  Law Judge who is assigned the case;
(6) Documents shall be double-spaced or
				  one-and-one-half-spaced; however, captions, headings, headers, footnotes,
				  footers and block quotations may be single-spaced;
(7) Paper documents shall be flat, without
				  folds and without staples. Non-conforming submissions may be rejected and
				  returned to the submitter; and
(8)
				  No documents shall contain bar codes, unless those bar codes are added after
				  the document is filed as part of the scanning or document processing procedures
				  initiated by the Appeals Board as a requirement of OASIS.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 1.5 - Service of Documents and Duty to Notify Others of Appeal and Hearing › Section 356 - Notice to Employees of Appeal and Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The employer shall give notice of an
				  appeal to its employees by posting the docketed Appeal, Participation Notice,
				  and Notice of Hearing at or near the site of the alleged violation, positioned
				  so as to be easily read by employees working in the area. If it is not
				  practicable to post the document at or near the site of the alleged violation,
				  the document may be posted in a conspicuous place where it will be readily
				  observable by employees, or at a location to which employees report each day,
				  or at a location from which employees operate to carry out their duties. The
				  docketed Appeal, Participation Notice, and Notice of Hearing shall be posted
				  immediately upon receipt from the Appeals Board and shall remain posted until
				  the date of the hearing or receipt of an order disposing of the
				  appeal.
(b) In addition to posting
				  as required in subsection (a), service of the docketed Appeal, Participation
				  Notice, and Notice of Hearing is required under the following circumstances:
(1) If affected employees are represented by
				  an authorized employee representative, service in a manner prescribed in
				  Section 355.3 shall be made upon the
				  representative.
(2) If an employee
				  sustained a serious injury or illness, or was killed, as a result of an alleged
				  violation that is being appealed, service in the manner prescribed in Section
				  355.3 shall be made upon the
				  employee or the representative of the deceased employee.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 1.5 - Service of Documents and Duty to Notify Others of Appeal and Hearing › Section 356.2 - Responsibility of Employee to Notify Employer and Other Employees of Proceeding

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  When an Employee Appeal is filed by an employee, a copy of the docketed
				  Employee Appeal shall be forwarded by the Appeals Board to the
				  employer.
(b) The employer shall
				  post both a copy of the docketed Employee Appeal and a copy of the
				  Participation Notice. Posting shall be in a manner as prescribed in Section
				  356, subsection (a). The form of
				  the Participation Notice shall follow the format of Section
				  356.1.
(c) When an Employee Appeal is filed by an
				  employee and there are other employees who are represented by an authorized
				  employee representative, the employee shall, upon receipt of the docketed
				  Employee Appeal and the statement by the Division required by Section
				  361.1, subsection (d) relating to
				  the reasonableness of the abatement period, serve a copy of the Employee
				  Appeal, the Participation Notice, and the statement on the authorized employee
				  representative. Service shall be in a manner as prescribed in Section
				  355.3 and proof of such service
				  meeting the requirements of Section
				  355.3 shall be filed with the
				  Appeals Board.
(d) An authorized
				  employee representative who files an Employee Appeal shall serve a copy of the
				  docketed Employee Appeal upon any other authorized employee representative
				  whose members are affected employees.
(e) Where posting is required by this rule,
				  such posting shall be maintained until the commencement of the hearing or until
				  earlier disposition of the proceeding.
1. Amendment
					 of subsections (b) and (c), repealer of subsection (e) and relettering,
					 repealer of subsection (g), and amendment of NOTE filed 10-30-92; operative
					 11-30-92 (Register 92, No. 44).
2. Amendment of subsections (a)-(c)
					 filed 8-2-2016; operative 10-1-2016 (Register 2016, No.
					 32).
Note: Authority cited: Sections
						148.7 and
						6603(a),
						Labor Code. Reference: Sections
						148.7 and
						6603(a),
						Labor Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 1.5 - Service of Documents and Duty to Notify Others of Appeal and Hearing › Section 359 - Filing an Intent to Appeal and Late Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as provided in Section
				  361.1, subsection (b), an appeal
				  shall be deemed filed on the date the Appeals Board is notified of an intent to
				  file an appeal.
(b) An intent to
				  file an appeal may be made by telephone, in writing or in person delivered to
				  the Appeals Board's main office, or online via the OASIS system. The Board
				  shall also make available an optional paper appeal form, downloadable from its
				  website, that may be used to demonstrate intent. The optional form may be
				  mailed or delivered to the Appeals Board's main office.
(c) A communication to the Division of
				  Occupational Safety & Health indicating an intent to appeal is not an
				  intent to file an appeal.
(d) An
				  appeal is timely if the intent to appeal is mailed to or received by the
				  Appeals Board within 15 working days of the date the citation is received by
				  the cited employer. The time for filing any appeal may be extended or a late
				  filing permitted upon a written showing of good cause that contains sufficient
				  facts to show or establish a reasonable basis for the late filing.
(e) A request to file a late appeal shall be
				  accompanied by a declaration containing a statement that any facts therein are
				  based upon the personal knowledge of the declarant.
(f) The current address and phone number of
				  the Appeals Board's main office shall be stated on the citation(s) and posted
				  on the Appeals Board's website.
(g)
				  The Board may find good cause for a late appeal exists where:
(1) A settlement has been reached between the
				  parties within 3 months of issuance of a citation; and
(2) The appellant is able to demonstrate that
				  settlement was actively pursued by the parties during the period prior to
				  filing of the late appeal.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 1.5 - Service of Documents and Duty to Notify Others of Appeal and Hearing › Section 359.1 - Docketing and Perfecting an Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For an appeal to be docketed, the
				  following information must be submitted to the Appeals Board by mail, hand
				  delivery, or online via the OASIS system accessible through the Board's
				  website:
(1) The contact information required
				  by Section 355.1, including the name, postal
				  address, and email address of any party or obligor, and the name, postal
				  address, and email address of any party or obligor's representative;
				  and
(2) The information required by
				  Section 361.3, including:
(A) The inspection number listed on the
				  citation;
(B) The identity of the
				  citation(s) being appealed through reference to both citation number(s) and
				  item number(s); and
(C) The
				  components of the Division citation(s) being challenged as well as any
				  affirmative defenses through reference to both citation number(s) and item
				  number(s).
(i) The different components of
				  the Division's citation that may be challenged are listed in Section
				  361.3, subsection (a), and also
				  listed on the optional appeal forms supplied by the
				  Board.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 1.5 - Service of Documents and Duty to Notify Others of Appeal and Hearing › Section 359.2 - Issues on Appeal. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 subsection (d) filed 2-1-84; effective thirtieth day thereafter (Register 84,
					 No. 5).
2. Amendment of subsection (b) filed 8-14-85; effective
					 thirtieth day thereafter (Register 85, No. 33).
3. Amendment of
					 subsections (b) and (c) filed 4-24-86; effective thirtieth day thereafter
					 (Register 86, No. 17).
4. Renumbering and amendment of former
					 section 359.2 to section
					 361.3 filed 10-30-92; operative
					 11-30-92 (Register 92, No. 44).
Note: Authority cited: Section
						148.7, Labor
						Code. Reference: Sections
						148.7,
						6317,
						6319.5 and
						6601, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 1.5 - Service of Documents and Duty to Notify Others of Appeal and Hearing › Section 360 - Stay of Abatement Period and Abatement Changes. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering and amendment of former section
					 360 to section
					 362 filed 10-30-92; operative
					 11-30-92 (Register 92, No. 44).
Note: Authority cited: Section
						148.7, Labor
						Code. Reference: Section
						148.7, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 1.5 - Service of Documents and Duty to Notify Others of Appeal and Hearing › Section 361 - Employer Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  employer may appeal to the Appeals Board any Division citation or penalty for
				  any ground set forth in Labor Code Section
				  6600.
(b) An employer may appeal to the Appeals
				  Board a special order or order to take special action for any ground set forth
				  in Labor Code Section
				  6600.5.
1. Amendment
					 of subsections (c) and (d) filed 2-1-84; effective thirtieth day thereafter
					 (Register 84, No. 5).
2. Amendment of subsection (a) filed 8-14-85;
					 effective thirtieth day thereafter (Register 85, No. 33).
3. Change
					 without regulatory effect of subsection (a) filed 6-23-86; effective thirtieth
					 day thereafter (Register 86, No. 26).
4. Renumbering of former
					 section 361 to section
					 361.1, renumbering of former
					 section 361.2 to section
					 361 with repealer of text, and new
					 text filed 10-30-92; operative 11-30-92 (Register 92, No.
					 44).
Note: Authority cited: Section
						148.7, Labor
						Code. Reference: Sections
						6319(b)
						and
						6600-
						6602, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 1.5 - Service of Documents and Duty to Notify Others of Appeal and Hearing › Section 361.1 - Employee Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  employee or authorized employee's representative may, within 15 working days of
				  the issuance of a citation, special order, or order to take special action,
				  appeal to the Appeals Board the reasonableness of the period of time fixed by
				  the Division for abatement.
(b) An
				  Employee Appeal may be filed with the Division or the Appeals Board. No
				  particular format is necessary to institute the appeal, but the notice of
				  appeal must be in writing.
(c) If
				  an Employee Appeal is filed with the Division, the Division shall note on the
				  face of the document the date of receipt, include any envelope or other proof
				  of the date of mailing, and promptly transmit the document to the Appeals
				  Board.
(d) The Division shall, no
				  later than 10 working days from receipt of the Employee Appeal, file with the
				  Appeals Board and serve on each party a clear and concise statement of the
				  reasons why the abatement period prescribed by it is reasonable.
1. Amendment
					 of subsection (a) filed 8-14-85; effective thirtieth day thereafter (Register
					 85, No. 33).
2. Change without regulatory effect of subsection (c)
					 filed 6-23-86; effective thirtieth day thereafter (Register 86, No.
					 26).
3. Renumbering of former section
					 361.1 to section
					 361.2, renumbering and amendment of
					 former section
					 361 to section
					 361.1 filed 10-30-92; operative
					 11-30-92 (Register 92, No. 44).
Note: Authority cited: Sections
						148.7 and
						6603(a),
						Labor Code. Reference: Sections
						148.7 and
						6602, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 1.5 - Service of Documents and Duty to Notify Others of Appeal and Hearing › Section 361.2 - Appeal by Persons Obligated to Employer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An obligor may appeal to the Appeals
				  Board a citation alleging a violation involving any machine, device, apparatus,
				  or equipment to which the obligation applies, for any ground set forth in Labor
				  Code Section
				  6600.
(b) An obligor may appeal to the Appeals
				  Board a special order or order to take special action ordering changes to any
				  machine, device, apparatus, or equipment to which the obligation applies, for
				  any ground set forth in Labor Code Section
				  6600.5.
1. Amendment
					 of subsections (a) and (c) filed 8-14-85; effective thirtieth day thereafter
					 (Register 85, No. 33).
2. Change without regulatory effect of
					 subsection (c) filed 6-23-86; effective thirtieth day thereafter (Register 86,
					 No. 26).
3. Renumbering of former section
					 361.2 to section
					 361, renumbering of former section
					 361.1 to section
					 361.2 with repealer of text, and
					 new text filed 10-30-92; operative 11-30-92 (Register 92, No.
					 44).
Note: Authority cited: Section
						148.7, Labor
						Code. Reference: Sections
						148.7,
						6319(b)
						and
						6600-
						6602, Labor
						Code.