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 1 - Employers' Obligation to Provide Information to Employees › Section 340.2 - Notification to Employee of Exposure Required

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever any employee has been or is being exposed to
						toxic materials or harmful physical agents in concentrations or at levels
						exceeding those prescribed by applicable standard, order, or special order, the
						employer of the affected employee must promptly notify any employee so affected
						in writing of the fact that the employee has been exposed, and of the
						corrective action being taken by the employer.
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 1 - Employers' Obligation to Provide Information to Employees › Section 340.3 - Employee Access to Accurate Records. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering from Section
						53 7-31-74 as procedural and
						organizational; designated effective 8-1-74 (Register 74, No.
						31).
2. Repealer filed 12-5-84; effective thirtieth day thereafter
						(Register 84, No. 49).
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 1.5 - Employer's Declaration of Abatement and Other Documentation of Abatement-Employee Notification-Posting Requirements › Section 340.4 - Declaration of Abatement, Other Documentation, Employee Notification and Posting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Scope and application. This section applies to employers who receive a citation
					 for a violation of Title 8 of the California Code of Regulations.
(b) Definitions.
(1) Abatement means action by an employer to
					 comply with a cited standard or regulation or to eliminate a recognized hazard
					 identified by the Division during an inspection.
(2) Abatement date means:
(i) For an uncontested citation item, the
					 later of:
(A) The date in the citation for
					 abatement of the violation;
(B) The
					 date otherwise approved by the Division as the result of an informal
					 conference; or
(C) The date
					 established in a citation by an informal settlement
					 agreement.
(ii) For a
					 contested citation item for which the Occupational Safety and Health Appeals
					 Board (OSHAB) has issued a final order affirming the violation, the later of:
(A) The date identified in the final order
					 for abatement; or
(B) The date
					 computed by adding the period allowed in the citation for abatement to the
					 final order date; or
(C) The date
					 established by a formal settlement agreement.
(3) Affected employees means those employees
					 who are exposed to the hazard(s) identified as violation(s) in a
					 citation.
(4) Final order date
					 means:
(i) For an uncontested citation item,
					 the fifteenth working day after the employer's receipt of the
					 citation;
(ii) For a contested
					 citation item:
(A) The thirty-fifth day after
					 the date on which a decision or order of an administrative law judge has been
					 issued, unless a Petition for Reconsideration or Order of Reconsideration has
					 been filed with or by OSHAB; or
(B)
					 Where a Petition for Reconsideration or Order of Reconsideration has been
					 filed, the thirty-fifth day after the date on which OSHAB issues its decision
					 or order disposing of the matter; or
(C) The date on which the superior court
					 issues a decision affirming the violation in a case in which a final order of
					 OSHAB has been stayed.
(5) Movable equipment means a hand-held or
					 non-hand-held machine or device, powered or unpowered, that is used to do work
					 and is moved within or between worksites.
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 1.5 - Employer's Declaration of Abatement and Other Documentation of Abatement-Employee Notification-Posting Requirements › Appendix A to Section 340.4 - Sample Abatement-Certification Letter (Non-Mandatory)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(Name), District Manager
Division of Occupational Safety and Health
Address of the District Office (on the citation)
[Company's Name]
[Company's Address]
The hazard referenced in Inspection Number [insert
						9-digit #] for violation identified as:
Citation [insert #] and item [insert #] was corrected on
						[insert date] by: __________
Citation [insert #] and item [insert #] was corrected on
						[insert date] by: __________
(NOTE: Follow sample format for each citation or
						item)
I attest that the information contained in this document
						is accurate.
______________________________________________
Signature
_____________________________________________
Typed or Printed Name
Note: For serious violations the submittal must be made
						under penalty of perjury. For Example:
"I declare under penalty of perjury the foregoing is true
						and correct. Executed this __________ day of (month) in the city of
						____________________, California.
__"___________________________________________
(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 1.5 - Employer's Declaration of Abatement and Other Documentation of Abatement-Employee Notification-Posting Requirements › Appendix B to Section 1903.19 - Sample Abatement Plan or Progress Report (Non-Mandatory)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(Name), District Manager
Division of Occupational Safety and Health
Address of the District Office (on the citation)
[Company's Name]
[Company's Address]
Check one:
Abatement Plan [ ]
Progress Report [ ]
Inspection Number
Page __________ of ____________________
___________________________
Citation Number(s) 
						*
						___________________________
Item
						Numbers_____________________________________________
Action
Proposed
								Completion Date (for abatement plans only)
Completion
								Date (for progress reports only)
1.
						_____________________________________________________
2.
						_____________________________________________________
Date required for final abatement:
I attest that the information contained in this document
						is accurate. (NOTE: For serious violations the document must be submitted under
						penalty of perjury. See Appendix A, above)
___________________________
Signature
___________________________
Typed or Printed Name
___________________________
Name of primary point of contact for
						questions:________________________________________
[optional]
Telephone
						Number________________________________________
* Abatement plans or progress
						reports for more than one citation item may be combined in a single abatement
						plan or progress report if the abatement actions, proposed completion dates,
						and actual completion dates (for progress reports only) are the same for each
						of the citation items.
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 1.5 - Employer's Declaration of Abatement and Other Documentation of Abatement-Employee Notification-Posting Requirements › Appendix C to Section 340.4 - Sample Warning Tag (Non-Mandatory)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
___________________________
WARNING:
EQUIPMENT HAZARD
CITED BY CAL/OSHA
EQUIPMENT CITED:
___________________________
___________________________
HAZARD CITED:
___________________________
___________________________
FOR DETAILED INFORMATION
SEE CAL/OSHA CITATION
POSTED AT:
___________________________
___________________________
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 1.6 - Adjudicative Hearings-General Rules of Practice and Procedure-Denial, Suspension or Revocation of Permits, Licenses, Certifications, Registrations or Other Authorizations and Orders Prohibiting Use, Issued by the Division of Occupational Safety and Health › Section 340.40 - Scope and Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 These general rules of practice and procedure of the Division of Occupational
					 Safety and Health (hereinafter "the Division") are applicable to proceedings
					 involving the denial, suspension or revocation of any license, permit,
					 certification, registration or other authorization issued by the Division, and
					 proceedings involving an Order Prohibiting Use (for purposes of this article,
					 hereinafter referred to as "OPU") issued pursuant to Labor Code section
					 6325.
(b) These general rules of practice and
					 procedure may supplement, but shall not replace, other codified administrative
					 notice and appeal procedures. In case of conflict with codified notice and
					 appeal procedures, the more-specific procedures shall apply.
1. New
						article 1.6 (sections
						340.40-340.52) and section filed
						8-26-2002; operative 9-25-2002 (Register 2002, No.
						35).
Note: Authority cited: Sections
						  60.5 and
						  6308, Labor
						  Code; and Section
						  11400.20,
						  Government Code. Reference: Sections
						  60.5 and
						  6308, Labor
						  Code; and Section
						  11400.20,
						  Government 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 1.6 - Adjudicative Hearings-General Rules of Practice and Procedure-Denial, Suspension or Revocation of Permits, Licenses, Certifications, Registrations or Other Authorizations and Orders Prohibiting Use, Issued by the Division of Occupational Safety and Health › Section 340.41 - Notification of Division Proceedings for Denial, Suspension or Revocation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When, after
					 review, examination, investigation or inspection, the Division determines that
					 good cause exists to deny, suspend or revoke any permit, license,
					 certification, registration, or other authorization issued by the Division,
					 written notification shall be provided to the person or entity against whom the
					 Division intends to take such action.
(b) The notification shall cite the statute
					 or regulation authorizing the action taken by the Division, and shall state the
					 grounds constituting good cause for the denial. suspension, revocation or other
					 action proposed by the Division.
(c) The notification may be served
					 personally, by facsimile, by overnight delivery, or by certified mail. The
					 provisions of this article are subject to Section
					 1013
					 of the California Code of Civil Procedure.
(d) The Director of the Department of
					 Industrial Relations (for purposes of this article, the Director of the
					 Department of Industrial Relations shall hereinafter be referred to as "the
					 Director") or the Division shall make a copy of these regulations available to
					 appellants, and shall advise appellants that the appeal proceedings shall not
					 be subject to the provisions of Chapter 5 (commencing with Section
					 11500) of Part 1, Division 3, of
					 Title 2 of the California Government Code.
1. New
						section filed 8-26-2002; operative 9-25-2002 (Register 2002, No.
						35).
Note: Authority cited: Sections
						  60.5 and
						  6308, Labor
						  Code; and Section
						  11400.20,
						  Government Code. Reference: Sections
						  60.5 and
						  6308, Labor
						  Code; and Section
						  11400.20,
						  Government 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 1.6 - Adjudicative Hearings-General Rules of Practice and Procedure-Denial, Suspension or Revocation of Permits, Licenses, Certifications, Registrations or Other Authorizations and Orders Prohibiting Use, Issued by the Division of Occupational Safety and Health › Section 340.42 - Request for Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Within five working days after receipt of the Division's denial of an
					 application for any license, permit, certification, registration or other
					 authorization, or the suspension or revocation of a permit, license,
					 certification, registration or other authorization, or the issuance of an Order
					 Prohibiting Use, the affected applicant or employer may request a hearing to
					 review the validity of the Division's action.
(b) The request for hearing must be in
					 writing and must set forth specific reasons why the Division's action was
					 improper. An appellant's failure to mail or otherwise deliver a request for
					 hearing within five working days of receipt of notification of the action will
					 result in the Division's action being considered final and not subject to
					 review, except where review is otherwise provided by law.
(1) For the denial of an application for a
					 permit, license, certification, registration or other authorization, the
					 written request for hearing shall be mailed or otherwise delivered to the
					 headquarters office of the Director.
(2) For the suspension or revocation of a
					 permit, license, certification, registration, or other authorization, the
					 written request for hearing shall be mailed or otherwise delivered to the
					 headquarters of the Division.
(3)
					 For the issuance of an Order Prohibiting Use, the request for hearing shall be
					 mailed or otherwise delivered to the District Manager of the district office
					 which issued the Order Prohibiting Use.
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 1.6 - Adjudicative Hearings-General Rules of Practice and Procedure-Denial, Suspension or Revocation of Permits, Licenses, Certifications, Registrations or Other Authorizations and Orders Prohibiting Use, Issued by the Division of Occupational Safety and Health › Section 340.44 - Conduct of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Presiding Officer shall be responsible for receiving evidence both from
					 Division representatives and the appellant and shall issue a decision as set
					 forth in this article. Parties shall have the opportunity to present relevant
					 documentary or other evidence through the presentation of direct testimony, the
					 cross-examination of witnesses, and the rebuttal of any evidence presented
					 during hearing. The Presiding Officer may also examine witnesses or request the
					 presentation of additional relevant evidence.
(1) Upon motion, the Presiding Officer may
					 exclude witnesses from the hearing room. Each party may designate one
					 representative who may stay in the hearing room, even if the representative
					 will also serve as a witness.
(2) A
					 party may appear in person or through a representative who is not required to
					 be an attorney.
(3) Designated
					 employee representatives may make written request to participate in the hearing
					 if it is established that such participation will be relevant to any issues
					 presented at the hearing.
(4) The
					 Presiding Officer shall receive evidence under oath or affirmation under
					 penalty of perjury. The hearing shall be tape-recorded, unless the parties
					 agree to some other method of recording the hearing. If the parties do not
					 agree to an alternative method of recording, the Presiding Officer shall make
					 the official record of the hearing by tape recording, and may allow each party
					 to make and pay for an additional record if, in the Presiding Officer's
					 opinion, the making of the additional record or records would not unduly
					 disrupt the proceedings.
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 1.6 - Adjudicative Hearings-General Rules of Practice and Procedure-Denial, Suspension or Revocation of Permits, Licenses, Certifications, Registrations or Other Authorizations and Orders Prohibiting Use, Issued by the Division of Occupational Safety and Health › Section 340.45 - Presiding Officer - Grounds for Disqualification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any Presiding Officer may be disqualified for any ground
						set forth in Government Code sections
						11425.30
						and
						11425.40.
						A request for disqualification must be in writing to the Director and shall
						specifically detail the grounds upon which disqualification is sought and the
						factual basis for the request. The request shall be filed with the Director
						pursuant to the provisions of section
						340.46 of this
						Article.
1. New
						section filed 8-26-2002; operative 9-25-2002 (Register 2002, No.
						35).
Note: Authority cited: Sections
						  60.5 and
						  6308, Labor
						  Code; and Section
						  11400.20,
						  Government Code. Reference: Sections
						  60.5 and
						  6308, Labor
						  Code; and Section
						  11400.20,
						  Government 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 1.6 - Adjudicative Hearings-General Rules of Practice and Procedure-Denial, Suspension or Revocation of Permits, Licenses, Certifications, Registrations or Other Authorizations and Orders Prohibiting Use, Issued by the Division of Occupational Safety and Health › Section 340.46 - Service of Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Unless otherwise required, service may be made by personal delivery or by
					 depositing the documents in a post office, mailbox or mail chute, or other like
					 facility regularly maintained by the United States Postal Service, sealed,
					 properly addressed, with first-class postage prepaid.
(b) Service is complete at the time of the
					 personal delivery or mailing.
(c)
					 Proof of service shall be filed with the document and may be made by any of the
					 following means:
(1) Affidavit or declaration
					 of service by personal delivery or mail;
(2) Written statement endorsed upon the
					 document served and signed by the party making the statement; or
(3) Letter of
					 transmittal.
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 1.6 - Adjudicative Hearings-General Rules of Practice and Procedure-Denial, Suspension or Revocation of Permits, Licenses, Certifications, Registrations or Other Authorizations and Orders Prohibiting Use, Issued by the Division of Occupational Safety and Health › Section 340.47 - Discovery

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon written
					 request made to the other party prior to hearing, a party to the proceeding is
					 entitled to obtain the names and addresses of witnesses to the extent known to
					 the other party, including, but not limited to, those intended to be called to
					 testify at the hearing. Nothing in this section requires the disclosure of the
					 identity of a person who submitted a complaint regarding the unsafe nature of
					 an employment or place of employment unless the complainant requests
					 otherwise.
(b) A party is entitled
					 upon written request to inspect and make copies of any of the following
					 materials in the possession or custody or under the control of the other party:
(1) Any statements of parties or witnesses
					 relating to the subject matter of the proceeding;
(2) All writings or things which the party
					 then proposes to offer in evidence;
(3) Any other writing or thing which is
					 relevant and which would be admissible in evidence;
(4) Inspection and investigative reports made
					 by, or on behalf of, the Division or other party pertaining to the subject
					 matter of the proceeding, to the extent that such reports: contain the names
					 and addresses of witnesses or persons having personal knowledge of the acts,
					 omissions or events which are the basis of the proceeding; reflect matters
					 perceived by the Division or other party in the course of its inspection,
					 investigation or survey; or contain or include by attachment any statement or
					 writing described in this section.
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 1.6 - Adjudicative Hearings-General Rules of Practice and Procedure-Denial, Suspension or Revocation of Permits, Licenses, Certifications, Registrations or Other Authorizations and Orders Prohibiting Use, Issued by the Division of Occupational Safety and Health › Section 340.48 - Subpoenas and Subpoenas Duces Tecum - Witness Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Before the hearing has commenced, the
					 Division or any party may issue a subpoena or subpoena duces tecum requiring
					 the attendance of a person or the production of documents or things at the
					 hearing.
(b) Any subpoena or
					 subpoena duces tecum issued pursuant to subsection (a) of this section extends
					 to all parts of the state and shall be served in accordance with the provisions
					 of sections
					 1985.3,
					 1987,
					 1987.5
					 and
					 1988
					 of the Code of Civil Procedure, except for the provisions governing the time
					 for issuance of subpoenas and subpoenas duces tecum. Service of a subpoena or
					 subpoena duces tecum is made by delivering a copy to the witness.
(c) All witnesses appearing pursuant to
					 subpoena, other than the parties, or their representatives directly associated
					 with the action, shall be entitled to receive the following fees and mileage,
					 payable in advance:
(1) Witness fee for each
					 day's actual attendance of thirty-five dollars ($35.00);
(2) Mileage actually traveled, both ways, of
					 twenty cents ($.20) a mile;
(3) Per
					 diem compensation of three dollars ($3.00) for expenses of subsistence for each
					 day of actual attendance and for each day necessarily occupied in traveling to
					 and from the hearing, if the hearing is at a point so far removed from a
					 residence as to reasonably preclude return thereto from day to
					 day;
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 1.6 - Adjudicative Hearings-General Rules of Practice and Procedure-Denial, Suspension or Revocation of Permits, Licenses, Certifications, Registrations or Other Authorizations and Orders Prohibiting Use, Issued by the Division of Occupational Safety and Health › Section 340.49 - Official Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
					 reaching a decision, a Presiding Officer may take official notice either before
					 or after submission of the proceeding for a decision, of any generally accepted
					 technical or scientific matter within the field of occupational safely and
					 health, and determinations, rulings, orders, findings and decisions, required
					 by law to be made by the Division, Occupational Safety and Health Appeals Board
					 or Occupational Safety and Health Standards Board.
(b) The Presiding Officer shall take official
					 notice of those matters set forth in section
					 451 of the
					 Evidence Code and may take official notice of those matters set forth in
					 section
					 452 of the
					 Evidence Code.
(c) Each party shall
					 be given reasonable opportunity on request to present information relevant to
					 (1) the propriety of taking official notice, and (2) the tenor of the matter to
					 be noticed.
1. New
						section filed 8-26-2002; operative 9-25-2002 (Register 2002, No.
						35).
Note: Authority cited: Sections
						  60.5 and
						  6308, Labor
						  Code; and Section
						  11400.20,
						  Government Code. Reference: Sections
						  60.5 and
						  6308, Labor
						  Code; and Section
						  11400.20,
						  Government 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 1.6 - Adjudicative Hearings-General Rules of Practice and Procedure-Denial, Suspension or Revocation of Permits, Licenses, Certifications, Registrations or Other Authorizations and Orders Prohibiting Use, Issued by the Division of Occupational Safety and Health › Section 340.50 - Confidential Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 Presiding Officer shall consider confidential any exhibit which might reveal a
					 trade secret referred to in section
					 1905 of Title 18 of the United
					 States Code, information that is confidential pursuant to Chapter 3.5
					 (commencing with section
					 6250) of Division 7 of Title 1 of
					 the Government Code, or photographs taken by the Division during the course of
					 any inspection or investigation.
(1) The
					 Presiding Officer shall issue necessary orders to protect the confidentiality
					 of such information, including the exclusion of witnesses during the course of
					 the hearing if testimony might tend to reveal the substance of the confidential
					 information.
(2) Parties shall
					 request confidentiality at the time the evidence is
					 submitted.
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 1.6 - Adjudicative Hearings-General Rules of Practice and Procedure-Denial, Suspension or Revocation of Permits, Licenses, Certifications, Registrations or Other Authorizations and Orders Prohibiting Use, Issued by the Division of Occupational Safety and Health › Section 340.51 - Prehearing Motions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No
					 later than 24 hours prior to a hearing, a party may make a written motion for
					 continuance or for clarification of issues related to discovery or other
					 matters deemed important to the issues to be addressed during the course of the
					 hearing.
(b) Such written motion
					 shall be filed with the Presiding Officer and served upon the other party in
					 conformance with section
					 340.46 of this article.
(c) The Presiding Officer may issue such
					 orders as it deems necessary to address the issues referenced in such written
					 motion.
(d) Prehearing motions in
					 connection with the appeal of an OPU may be made up until and including the day
					 of the appeal hearing.
1. New
						section filed 8-26-2002; operative 9-25-2002 (Register 2002, No.
						35).
Note: Authority cited: Sections
						  60.5 and
						  6308, Labor
						  Code; and Section
						  11400.20,
						  Government Code. Reference: Sections
						  60.5 and
						  6308, Labor
						  Code; and Section
						  11400.20,
						  Government 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 1.6 - Adjudicative Hearings-General Rules of Practice and Procedure-Denial, Suspension or Revocation of Permits, Licenses, Certifications, Registrations or Other Authorizations and Orders Prohibiting Use, Issued by the Division of Occupational Safety and Health › Section 340.52 - Interpreters

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All hearings
					 shall be conducted in the English language. The Division shall notify each
					 party of the right to an interpreter at the time it serves notification of a
					 proceeding pursuant to Section
					 340.41, or at the time it issues an
					 OPU.
(b) A party who does not
					 proficiently speak or understand the English language, who calls a witness who
					 does not proficiently speak or understand the English language, or who requests
					 an interpreter, shall be provided with an approved interpreter during the
					 hearing. A request for an interpreter shall be made at the same time as the
					 request for appeal. The party requesting the interpreter shall pay the cost of
					 the interpreter, unless the Division elects to pay the interpreter based on the
					 financial hardship of the requesting party.
(c) For purposes of this section, an approved
					 interpreter is a person whose name appears on the list of interpreters approved
					 by the Occupational Safety and Health Appeals Board, the State Personnel Board,
					 or the Superior Court for the County in which the hearing is
					 conducted.
1. New
						section filed 8-26-2002; operative 9-25-2002 (Register 2002, No.
						35).
Note: Authority cited: Sections
						  60.5 and
						  6308, Labor
						  Code; and Section
						  11400.20,
						  Government Code. Reference: Sections
						  60.5 and
						  6308, Labor
						  Code; and Section
						  11400.20,
						  Government 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 1.7 - Definitions › Section 340.70 - Definition of Normal Consumption

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For purposes of this section, all
					 references to "employees" means employees who provide direct patient care or
					 who provide services that directly support care to patients in a general acute
					 care hospital, as that term is defined in subdivision (a) of section
					 1250
					 of the Health and Safety Code. "General acute care hospital" is referred to in
					 this section as "facility."
(b) As
					 used in Labor Code section
					 6403.3, normal
					 consumption means the average amount of the equipment specified below, for each
					 category, type and size of the equipment, used by employees over the previous
					 two-year period:
1. N95 filtering facepiece
					 respirators.
2. Powered
					 air-purifying respirators with high efficiency particulate air
					 filters.
3. Elastomeric
					 air-purifying respirators and appropriate particulate filters or
					 cartridges.
4. Surgical
					 masks.
5. Isolation
					 gowns.
6. Eye protection.
7. Shoe coverings.
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 2 - Permits-Excavations, Trenches, Construction and Demolition and the Underground Use of Diesel Engines in Work in Mines and Tunnels › Section 341 - Permit Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Scope and Application.
(1) This article
					 specifies:
(A) Work activities that require
					 permits;
(B) What permit holders
					 must do to comply with permit requirements;
(C) What types of permits can be obtained;
					 and
(D) How to apply for a
					 permit.
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 2 - Permits-Excavations, Trenches, Construction and Demolition and the Underground Use of Diesel Engines in Work in Mines and Tunnels › Section 341.1 - Issuance of Permits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Where to Submit Permit Applications.
(1)
					 Project Permits. A Project Permit application shall be submitted to the
					 Division district office that has jurisdiction over the site of the project to
					 be covered by the Project Permit.
(2) Annual Permits. An Annual Permit
					 application shall be submitted to the Division district office where the
					 employer's California headquarters is located. If the employer has no
					 California headquarters, the application shall be submitted to the Division's
					 headquarters.
NOTE: Project and Annual Permit application forms are
						available at all Division offices. Generally, the addresses and telephone
						numbers of Division district offices may be found on the Cal/OSHA Notice poster
						required pursuant to Section
						340 of Title 8 of the California
						Code of Regulations.
(3)
					 Permits for Use of Diesel Engines in Mines and Tunnels. Permit applications for
					 the use of diesel engines in mines and tunnels shall be submitted to the
					 nearest office of the Division's Mining and Tunneling Unit.
NOTE: Permit application forms for the underground use of
						diesel engines are available at all offices of the Division's Mining and
						Tunneling Unit.
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 2 - Permits-Excavations, Trenches, Construction and Demolition and the Underground Use of Diesel Engines in Work in Mines and Tunnels › Section 341.2 - Denial of Permit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Division shall deny issuance of a permit if in its opinion, based on available
					 facts, the employer has failed to show that the conditions, practices, means,
					 methods, operations or processes used or proposed to be used will provide a
					 safe and healthful place of employment. A relevant factor in the Division's
					 determination will be the employer's prior occupational safety and health
					 history. In denying a permit to an applicant employer, the district or field
					 office shall immediately notify the employer, in writing, specifying the
					 reasons for such denial and shall send a copy thereof to the
					 Director.
(b) Any employer denied a
					 permit by the Division may appeal such denial to the Director. The Director
					 shall hold a hearing at such place designated by the Director or his authorized
					 designee for the convenience of the attending parties within two working days
					 of the employer's appeal. The employer has the burden of establishing that it
					 qualifies for a permit.
The hearing shall be presided by the Director or his
						authorized designee and shall also be open to employees or employees'
						representative. The employer shall notify the employees or employees'
						representative of such hearing a reasonable time prior to the holding of such
						hearing. Proof of such notification by the employer shall be made at the
						hearing.
(c) Following the
					 hearing, the Director shall issue his decision. The Director's decision shall
					 be final except for any rehearing or judicial review provided for by law. All
					 requests for rehearing shall be filed with the Director within ten days from
					 the date of the Director's decision.
1.
						Amendment of subsections (a) and (b) filed 12-5-84; effective thirtieth day
						thereafter (Register 84, No. 49).
Note: Authority cited: Sections
						  60.5,
						  6308,
						  6502 and
						  6506, Labor
						  Code. Reference: Sections
						  6308,
						  6308.5,
						  6502 and
						  6506, 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 2 - Permits-Excavations, Trenches, Construction and Demolition and the Underground Use of Diesel Engines in Work in Mines and Tunnels › Section 341.3 - Permit Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
To cover the costs involved in investigating the permit
						application, and issuing permits, the following schedule of fees are deemed
						reasonable and necessary. Such applicable fees shall be paid by the employer to
						the Division of Occupational Safety and health before the issuance of the
						permit:
(a) Construction of
					 excavations and/or trenches - $50.00.
(b) Construction of building, structure, or
					 dismantling of falsework or scaffolding - $50.00.
(1) For the erection, including climbing and
					 dismantling of the tower structure of a fixed tower crane -
					 $350.00.
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 2 - Permits-Excavations, Trenches, Construction and Demolition and the Underground Use of Diesel Engines in Work in Mines and Tunnels › Section 341.4 - Posting of Permit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any employer issued a permit pursuant to this Article
						shall post a copy or copies of the permit at or near each place of employment.
						If such posting is impracticable at the site of an excavation, the permit shall
						be made available at such site at all times, or, in the case of a mobile unit,
						the permit shall be made available at all times at the employer's head office
						in the district.
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 2 - Permits-Excavations, Trenches, Construction and Demolition and the Underground Use of Diesel Engines in Work in Mines and Tunnels › Section 341.5 - Revocation or Suspension of Permit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Division may at any time, upon a
					 showing of good cause and after notice and an opportunity to be heard, revoke
					 or suspend any permit issued pursuant to this Article.
(b) Notice shall be in writing and served
					 upon the employer at least 24 hours in advance of the hearing. Service shall be
					 by personal service or certified mail to the employer's address as shown on the
					 Permit Application Form. The notice shall specify the reasons for the action
					 taken by the Division in order that the employer may prepare for the
					 hearing.
(c) The hearing shall be
					 held as soon as possible at the district or field office, shall be presided by
					 the district manager or his authorized designee and shall also be open to the
					 affected employees or their representative.
The employer shall notify the employees or employees'
						representative a reasonable time prior to such hearing. Proof of such
						notification by the employer shall be made at the hearing.
(d) At the hearing the Division shall
					 establish good cause for the action taken by it. Good cause is established
					 after the Division establishes that the employer has failed to comply with the
					 requirements of the issuance of the permit, and that to permit the continuance
					 of the project under the circumstances would constitute a hazard to the
					 employees.
The employer may appeal such revocation or suspension to
						the Director in the same manner specified in Section
						341.2 of this Article. The filing
						of an appeal shall not stay the revocation or suspension, except as provided
						for in Labor Code Section
						6506. The
						employer has the burden of establishing that the Division did not have good
						cause for the action taken.
1.
						Amendment filed 10-25-74; effective thirtieth day thereafter (Register 74, No.
						43).
2. Amendment filed 12-5-84; effective thirtieth day thereafter
						(Register 84, No. 49).
Note: Authority cited: Sections
						  60.5,
						  6308,
						  6505 and
						  6506, Labor
						  Code. Reference: Sections
						  6505 and
						  6506, 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 2.5 - Registration-Asbestos-Related Work › Section 341.7 - Application for Registration and Renewal of Registration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An employer subject to the provisions of
					 Section 341.6 of this Article shall
					 register with the Division by applying for and obtaining a registration from
					 the Division. Registration application forms may be obtained by writing or
					 calling the headquarter offices of the Division located at 525 Golden Gate
					 Avenue, San Francisco, CA 94102.
(b) Registration application form. A
					 registration may be issued to any employer subject to the provisions of this
					 article following the filing of a completed registration application form and
					 full compliance with all the requirements thereof. All information and
					 attachments given with the application for registration shall be given under
					 penalty of perjury.
The registration application form shall contain the
						following:
(1) If a contractor, proof
					 of certification if required pursuant to Section
					 7058.5
					 of the Business and Professions Code.
(2) Proof that sufficient health insurance
					 coverage has been obtained to cover the entire cost of medical examinations and
					 monitoring required by law or present proof that a $500 trust account has been
					 provided for each employee engaged in such asbestos related work. In addition
					 the employer must provide proof of coverage for worker's compensation
					 insurance.
(3) Proof that all
					 training and certification requirements for employees engaged in
					 asbestos-related work have been completed in accordance with all requirements
					 of law and section
					 5208, Title 8, California Code of
					 Regulations.
(4) Proof that the
					 employer has knowledge of the applicable occupational safety and health
					 standards, and will comply with such standards and any other such lawful orders
					 of the Division. In addition, that the conditions, practices, means, methods,
					 operations or processes used or proposed to be used will provide a safe and
					 healthful place of employment and that the employer is proficient in and has
					 the necessary equipment to safely perform asbestos-related
					 work.
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 2.5 - Registration-Asbestos-Related Work › Section 341.8 - Registration Application-Processing Time

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 15 business days of receipt of an
					 application for registration pursuant to this subsection, the Division shall
					 inform the applicant in writing that it is either complete and accepted for
					 filing or that it is deficient and what specific information or documentation
					 is required to complete the application. An application is considered complete
					 if it is in compliance with the requirements of Section
					 6501.5, Labor
					 Code and the provisions of this subsection.
(b) Within 30 business days from date of
					 filing of a completed application, the Division shall inform the applicant in
					 writing of its decision regarding the application.
1. New
						section filed 5-22-87; operative upon filing (Register 87, No.
						22).
2. Amendment filed 12-29-88; operative 12-29-88 (Register 89,
						No. 2).
Note: Authority cited: Sections
						  60.5,
						  6308 and
						  6501.5, Labor
						  Code; and Section
						  15376,
						  Government Code. Reference: Section
						  6501.5, Labor
						  Code; Section
						  7058.5,
						  Business and Professions Code; and Section
						  15376,
						  Government Code.