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 356.1 - Form of Participation Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Participation Notice required by
				  Section 356 shall be in the following form:
"Your employer, (name of employer), has been cited by the
					 California Division of Occupational Safety and Health for violation of an
					 Occupational Safety and Health standard. The citation and/or civil penalty has
					 been contested and will be the subject of a hearing before the Occupational
					 Safety and Health Appeals Board. Affected employees are entitled to participate
					 in this hearing as parties under terms and conditions established by the
					 Occupational Safety and Health Appeals Board in its rules of practice and
					 procedure by filing a motion for party status. The motion for party status
					 shall be filed with the Occupational Safety and Health Appeals Board in
					 accordance with Section
					 355.4, and shall be accompanied by
					 a proof of service and shall indicate that it was served on the Division and
					 Employer and any other parties, as provided in Section
					 355.3.
"All papers filed relative to this matter may be inspected
					 at: (A place reasonably convenient to employees, preferably at or near work
					 place.)"
Where appropriate, the second sentence of the above notice
					 will be deleted and the following sentence will be substituted:
"The reasonableness of the period prescribed by the
					 Division of Occupational Safety and Health for abatement of the violation has
					 been contested and will be the subject of a hearing before the Occupational
					 Safety and Health Appeals Board."
(b) For a special order or an order to take
				  special action, the first two sentences of the above notice will be deleted and
				  the following sentences will be substituted:
"Your employer, (name of employer), has been issued an
					 order by the California Division of Occupational Safety and Health. The order
					 has been contested and will be the subject of a hearing before the Occupational
					 Safety and Health Appeals Board."
(c) An employer shall file with the issuing
				  office of the Division, not later than the second working day following the
				  service or posting, proof or certification of service or posting of the
				  docketed Appeal and Participation Notice.
(d) This section and Section
				  356 do not apply to appeals from
				  citations issued pursuant to Section
				  2950
				  of the Health and Safety Code.
1. Repealer
					 of former section
					 356.1 and renumbering and amendment
					 of former section
					 356 to section
					 356.1 filed 10-30-92; operative
					 11-30-92 (Register 92, No. 44).
2. Change without regulatory effect
					 amending subsection (a) filed 3-17-98 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 98, No. 12).
3. Amendment of subsection (a)
					 filed 8-16-99; operative 9-15-99 (Register 99, No. 34).
4. Amendment
					 of subsection (a) 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,
						6602 and
						6603(a),
						Labor Code.