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 362 - Stay of Abatement Period and Abatement Changes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Unless otherwise provided by statute,
				  abatement periods and changes required by the Division are stayed upon the
				  filing of a docketed appeal with the Appeals Board and remain stayed until
				  withdrawal of the appeal or a final disposition of the proceeding by the
				  Appeals Board. Except as provided in subdivision (b), the filing of a petition
				  for reconsideration suspends for a period of 10 days the order or decision
				  affected, insofar as it applies to the parties to the petition, unless
				  otherwise ordered by the Appeals Board. Except as provided in subdivision (b),
				  the Appeals Board, upon the terms and conditions which it by order directs, may
				  stay, suspend, or postpone the order or decision during the pendency of the
				  reconsideration. Pending reconsideration, the Board shall not order an employer
				  to abate a citation which has been dismissed or vacated by Order or Decision of
				  an Administrative Law Judge.
(b) In
				  appeals involving a citation classified as serious, repeat serious, or willful
				  serious, the filing or pendency of a petition for reconsideration of a final
				  order or decision shall not stay or suspend the requirement to abate the
				  hazards affirmed by the decision or order, unless a petition to stay or suspend
				  meeting the following conditions in (1) through (4) is filed:
(1) The employer must request a stay or
				  suspension of abatement by filing a written, verified petition to stay or
				  suspend within 10 days after the issuance of the decision or order of an
				  Administrative Law Judge;
(2) The
				  petition shall be served on all parties who have been joined in the proceeding
				  at the time of filing. A petition to stay or suspend abatement that meets all
				  requirements of these regulations and the Labor Code shall be deemed filed on
				  the date received by the Appeals Board;
(3) The employer's written petition is
				  accompanied by supporting declarations that set forth evidence demonstrating by
				  a preponderance of the evidence that a stay or suspension of abatement will not
				  adversely affect the health and safety of employees;
(4) A petition to stay or suspend abatement
				  that lacks a proper verification or is not accompanied by a proof of service
				  shall be considered filed in accordance with subparagraph (1) if the petitioner
				  files the required verification or proof of service within five days of the
				  date of service of a letter from the Appeals Board noting the
				  omission(s);
(5) Failure to perfect
				  a petition to stay or suspend abatement in accordance with subsection (4) shall
				  result in the dismissal of the petition.
(6) An opposing party may file an answer to
				  the petition to stay or suspend abatement no later than 7 days from the service
				  of the petition.
(7) The Board
				  shall issue an order or decision granting the petition to stay or suspend
				  abatement within 30 days of filing. Should the Board fail to act within 30
				  days, the petition shall be deemed denied.