reglab/statecodes huggingface dataset:
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 2 - California Apprenticeship Council › Subchapter 4 - Electrician Certification › Section 296.4 - Denial or Cancellation of Registration as an Electrician Trainee Registrant; Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Chief DAS may for good cause deny an individual registration as an Electrician
				  Trainee Registrant or cancel an individual's registration as an Electrician
				  Trainee Registrant. The Chief DAS shall provide the individual with written
				  notice of the denial or cancellation at the address shown on the application
				  for registration or other address known to the DAS. Good cause shall be deemed
				  to exist if the individual does not meet the requirements for registration or
				  has committed gross negligence or fraud, or engaged in repeated acts of
				  negligence during the performance of activities subject to the registration or
				  if the person obtained registration through mistake, misrepresentation or
				  fraud.
(b) An applicant or
				  registrant may appeal the denial or cancellation of registration to the Chief
				  DAS. The appeal shall be in writing and made within 30 days of service of the
				  notice. The appellant shall have the burden of establishing that appellant
				  qualifies for registration. The Chief DAS shall rule on the appeal, and shall
				  have discretion to hold a hearing on the appeal before the Chief DAS or his or
				  her authorized representative prior to the ruling. Any hearing must commence
				  within 90 days after the DAS receives the applicant's appeal of the denial of
				  registration. The ruling shall be in writing and shall be sent to the appellant
				  within 90 days after the DAS receives the appeal, or within 90 days after the
				  last day of hearing, whichever is later. The decision of the Chief DAS shall be
				  final, except for judicial review provided by law.
1. New
					 section filed 2-9-2006; operative 3-11-2006 (Register 2006, No.
					 6).
2. Amendment of section heading and subsection (a) filed
					 7-18-2008; operative 8-17-2008 (Register 2008, No.
					 29).
Note: Authority cited: Sections
						3099 and
						3099.4, Labor
						Code. Reference: Sections
						3099 and
						3099.4, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3 - Fair Employment and Housing Commission › Subchapter 1 - Administration [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
				  Subchapter 1 (Sections
				  285.0-285.2) filed 4-26-78;
				  effective thirtieth day thereafter (Register 78, No. 17).
2.
				  Repealer of Subchapter 1 (Sections
				  285.0-285.2 filed 4-1-80; effective
				  thirtieth day thereafter (Register 80, No. 14).
Note: Authority cited: Section
					 1418(a),
					 Labor Code; Section
					 35730.5(a),
					 Health and Safety Code and Section
					 12935(a),
					 Government Code. Reference: Part 4.5 of Division 2, Labor Code and Part 2.8 of
					 Division 3 of Title 2, Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3 - Fair Employment and Housing Commission › Subchapter 2 - Discrimination in Employment [Repealed] › Article 1 - General Matters [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 Subchapter 2 (Sections
					 285.5-296.4 not consecutive) filed
					 4-26-78; effective thirtieth day thereafter (Register 78, No.
					 17).
2. Repealer of Article 1 (Sections
					 285.5-285.6) filed 4-1-80;
					 effective thirtieth day thereafter (Register 80, No. 14).
Note: Authority cited: Section
						1418(a),
						Labor Code; Section
						35730.5(a),
						Health and Safety Code and Section
						12935(a),
						Government Code. Reference: Part 4.5 of Division 2, Labor Code and Part 2.8 of
						Division 3 of Title 2, Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3 - Fair Employment and Housing Commission › Subchapter 2 - Discrimination in Employment [Repealed] › Article 11 - Age Discrimination [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Editorial
					 renumbering of Article 11 (Sections
					 295.0-296.4) of Chapter 3, Title 8
					 to Subchapter 11 (Sections
					 7295.0-7296.4) of Division 4, Title
					 2 (Register 81, No. 3).
Note: Authority cited: Section
						1418(a),
						Labor Code; Section
						12935(a),
						Government Code. Reference: Sections
						1420.1 and
						1420.15, Labor
						Code; Sections
						12941,
						12942,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3 - Fair Employment and Housing Commission › Subchapter 4 - Procedures of the Commission [Renumbered] › Section 300 - Definitions. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 of Sections
					 300-310 filed 8-15-78 as procedural
					 and organizational; effective upon filing (Register 78, No. 33). For former
					 history, see Registers 60, No. 20; 67, No. 24; 72, No. 45; 74, No. 22; and 78,
					 No. 17.
2. Editorial renumbering of Subchapter 4 (Sections
					 311-316) of Chapter 3, Title 8 to
					 Chapter 4 (Sections
					 7400-7405) of Division 4, Title 2
					 (Register 81, No. 3).
3. Editorial renumbering of Subchapter 4
					 (Sections 317-323) of Chapter 3, Title 8 to
					 Chapter 5 (Sections
					 8317-8323) of Division 4, Title 2
					 (Register 81, No. 3). For prior history, see Registers 79, No. 51; 75, No. 30;
					 and 72, No. 45.
Note: Authority cited: Section
						1418(a),
						Labor Code. Reference: Section
						1410, et seq., 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 1 - Regulations of the Director of Industrial Relations › Article 1 - Definitions Under California Occupational Safety and Health Act of 1973 › Section 330 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In this chapter unless otherwise specifically
						indicated:
(a) "Chief" means the Chief
					 of the Division of Occupational Safety and Health.
(b) "Working days" means Mondays through
					 Fridays but shall not include Saturday, Sunday or State Holidays. In computing
					 working days, the day of receipt of any notice shall not be included, and the
					 last day of the working days shall be included.
(c) "Inspection" means any inspection of an
					 employer's factory, plant, establishment, construction site, or other area,
					 workplace or environment where work is performed by an employee of an employer
					 and includes any inspection conducted pursuant to a complaint, any
					 reinspection, or follow-up inspection.
(d) "Code" means the California Labor
					 Code.
(e) "Order" included within
					 the term "order" are the General Orders adopted by the Industrial Safety Board
					 or the Industrial Accident Commission, Rules and Regulations promulgated by the
					 Director of the Department of Industrial Relations and the Division of
					 Occupational Safety and Health, decisions, requirements and orders made by the
					 Division of Occupational Safety and Health.
(f) "Carcinogen" includes the following
					 recognized cancer causing substances for which standards have been adopted:
(1) Any of the following substances and any
					 compound, mixture, or product containing such substances:
(A) 2-acetylaminofluorene.
(B) 4-aminodiphenyl.
(C) Benzidine (and its salts).
(D) Bis (chloromethyl) ether.
(E) 3,3'-dichlorobenzidine (and its
					 salts).
(F)
					 4-dimethylaminoazobenzene.
(G)
					 Beta-naphthylamine.
(H)
					 4-Nitrobiphenyl.
(I)
					 N-nitrosodimethylamine.
(J)
					 Beta-propriolactone.
(K) Methyl
					 chloromethyl ether.
(L)
					 Alpha-naphthylamine.
(M)
					 4,4'-Methylenebis (2-Chloroaniline.)
(N) Ethyleneimine.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA) › Subchapter 1 - Regulations of the Director of Industrial Relations › Article 2 - Advance Notice of Inspections › Section 331 - Advance Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The intent of these regulations is the complete avoidance
						of the advance notice to employers of pending inspections or investigations
						unless there are important advantages in performance of inspections to be
						gained by the Division of Occupational Safety and Health. Any advance
						notification not allowed under these rules may constitute a violation of Labor
						Code Section
						6321,
						punishable by a fine of not more than $1,000 or by imprisonment for not more
						than six months, or by both.
1.
						Amendment filed 2-28-79; effective thirtieth day thereafter (Register 79, No.
						9).
Note: Authority cited: Sections
						  54,
						  55 and
						  6321, Labor
						  Code. Reference: Section
						  6321, 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 1 - Regulations of the Director of Industrial Relations › Article 2 - Advance Notice of Inspections › Section 331.1 - When Advance Notice Justified

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except when the investigation or
					 inspection is to be made as the result of an employee complaint, situations
					 justifying advance notice include the following:
(1) Situations of apparent imminent danger
					 where prompt abatement is essential;
(2) Situations when, to be effective, the
					 inspection must be arranged to assure availability of essential personnel or
					 access to the site, equipment, or process;
(3) Other situations where, in the judgment
					 of the Chief or his designee, the giving of advance notice is advantageous for
					 achieving a thorough inspection.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA) › Subchapter 1 - Regulations of the Director of Industrial Relations › Article 2 - Advance Notice of Inspections › Section 331.2 - Time of Advance Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The lapse of time between advance notice and the
						inspection shall not exceed a minimum that is consistent with the reason for
						such notice. In no instance will advance notice be given more than 24 hours
						prior to the scheduled inspection or investigation except in unusual
						circumstances, where imminent danger exists or where practical considerations
						mandate a longer period.
1.
						Renumbering and amendment of former Section
						331.2 to Section
						331.1 and renumbering and amendment
						of former Section
						331.3 to Section
						331.2 filed 12-28-84; effective
						thirtieth day thereafter (Register 84, No. 52). For prior history, see Register
						79, No. 9.
Note: Authority cited: Sections
						  54,
						  55 and
						  6321, Labor
						  Code. Reference: Section
						  6321, 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 1 - Regulations of the Director of Industrial Relations › Article 2 - Advance Notice of Inspections › Section 331.3 - Notification to Employee Representative

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any employer receiving advance notice shall promptly
						inform the employee representative of this fact, if there is
						one.
1.
						Renumbering and amendment of former Section
						331.3 to Section
						331.2 and renumbering of former
						Section 331.4 to Section
						331.3 filed 12-28-84; effective
						thirtieth day thereafter (Register 84, No. 52). For prior history, see Register
						79, No. 9.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA) › Subchapter 1 - Regulations of the Director of Industrial Relations › Article 2 - Advance Notice of Inspections › Section 331.4 - Arrangement for Inspection

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The employer receiving advance notice shall make any
						necessary arrangements at his place of business so that the inspection can
						proceed on schedule as planned.
1.
						Renumbering of former Section
						331.4 to Section
						331.3 and renumbering of former
						Section 331.5 to Section
						331.4 filed 12-28-84; effective
						thirtieth day thereafter (Register 84, No. 52). For prior history, see Register
						79, No. 9.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA) › Subchapter 1 - Regulations of the Director of Industrial Relations › Article 3 - Citation, Notice, Special Order, Order to Take Special Action, Notice of NO Violations After Investigation: Procedures › Section 332 - Form of Citation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The citation form shall set forth:
(a) The name of the employer, the employer's
					 address and the workplace inspected;
(b) The nature of the violation, in specific
					 terms with reference to the provision of the code, standard, regulation or
					 order alleged to have been violated;
(c) Time allowed for correction of alleged
					 violation;
(d) Rights of employees
					 respecting the time fixed for correction of violations;
(e) Posting requirements
(f) Time within which an employer may contest
					 a citation; and
(g) Such other
					 information as the Division of Occupational Safety and Health deems appropriate
					 for clear understanding of the form issued.
1.
						Amendment of subsection (g) filed 2-28-79; effective thirtieth day thereafter
						(Register 79, No. 9).
2. Amendment filed 12-28-84; effective
						thirtieth day thereafter (Register 84, No. 52).
Note: Authority cited: Sections
						  54,
						  55 and
						  6317, Labor
						  Code. Reference: Section
						  6317, 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 1 - Regulations of the Director of Industrial Relations › Article 3 - Citation, Notice, Special Order, Order to Take Special Action, Notice of NO Violations After Investigation: Procedures › Section 332.1 - Issuance of Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If,
					 after an inspection or investigation, the Division determines that a violation
					 exists which is not classified as willful, serious, repeated, or related to a
					 failure to abate, the Division may issue a Notice in lieu of citation if either
					 of the following requirements are met:
(1) The
					 violation does not bear a direct relationship upon employee safety or health,
					 or;
(2) The violation bears a
					 direct, but not immediate relationship upon employee safety or health, and is
					 general or regulatory in nature.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA) › Subchapter 1 - Regulations of the Director of Industrial Relations › Article 3 - Citation, Notice, Special Order, Order to Take Special Action, Notice of NO Violations After Investigation: Procedures › Section 332.2 - Issuance of Special Order

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If upon inspection or investigation the Division
						determines that an unsafe condition, device, or place of employment poses a
						threat to the health and safety of an employee which cannot be made safe under
						existing standards or orders of the Standards Board the Division may issue a
						special order.
1.
						Repealer of former Section
						332.1 and renumbering and amendment
						of former Section
						332.2 to Section
						332.1 filed 12-28-84; effective
						thirtieth day thereafter (Register 84, No. 52). For prior history, see Register
						75, No. 10.
2. Renumbering and amendment of former Section
						332.1 to Section
						332.3 and new Section
						332.1 filed 9-19-85; effective
						thirtieth day thereafter (Register 85, No. 38).
3. Renumbering of
						former Section
						332.2 to Section
						332.3, and renumbering of former
						Section 332.1 to Section
						332.2 filed 1-15-87; effective upon
						filing pursuant to Government Code Section
						11346.2(d)
						(Register 87, No. 3). For history of former Section
						332.2, see Register 75, No.
						10.
Note: Authority cited: Sections
						  54,
						  55 and
						  6308, Labor
						  Code. Reference: Sections
						  6305 and
						  6308, 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 1 - Regulations of the Director of Industrial Relations › Article 3 - Citation, Notice, Special Order, Order to Take Special Action, Notice of NO Violations After Investigation: Procedures › Section 332.3 - Issuance of Order to Take Special Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
After inspection or investigation the Division may
						require the employer to comply with applicable provisions of Division 5 of the
						California Labor Code or with specific standards or orders of the Standards
						Board whose enforcement upon the employer are at the discretion of the
						Division.
1. New
						section filed 9-19-85; effective thirtieth day thereafter (Register 85, No.
						38). For history of former Section
						332.2, see Register 75, No.
						10.
2. Renumbering of former Section
						332.3 to Section
						332.4 and renumbering of former
						Section 332.2 to Section
						332.3 filed 1-15-87; effective upon
						filing pursuant to Government Code Section
						11346.2(d)
						(Register 87, No. 3).
Note: Authority cited: Sections
						  54,
						  55 and
						  6308.
						  Reference: Section
						  6308, 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 1 - Regulations of the Director of Industrial Relations › Article 3 - Citation, Notice, Special Order, Order to Take Special Action, Notice of NO Violations After Investigation: Procedures › Section 332.4 - Posting of Citation, Special Order, Order to Take Special Action, and Notice of NO Violation After Investigation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Citations issued pursuant to Labor Code Section
						6317, Special
						Orders or Orders to Take Special Action issued pursuant to Labor Code Section
						6308, and
						Notices of No Violation After Investigation issued pursuant to Labor Code
						Section
						6318, or copies
						thereof, shall be posted at or near the referenced site of the violation or
						condition giving rise to the citation or order. The posted Citation, Special
						Order, Order to Take Special Action, or Notice of No Violation After
						Investigation shall be positioned so as to be easily read by employees working
						nearby. All postings shall be maintained for a period of three working days or
						until the unsafe condition is abated, whichever is longer.
1.
						Renumbering and amendment of former Section
						332.1 to Section
						332.3 filed 9-19-85; effective
						thirtieth day thereafter (Register 85, No. 38).
2. Renumbering of
						former Section
						332.3 to Section
						332.4 filed 1-15-87; effective upon
						filing pursuant to Government Code Section
						11346.2(d)
						(Register 87, No. 3).
Note: Authority cited: Sections
						  54,
						  55,
						  6308 and
						  6318, Labor
						  Code. Reference: Sections
						  6305,
						  6308 and
						  6318, 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 1 - Regulations of the Director of Industrial Relations › Article 4 - Proposed Penalty Procedure › Section 335 - Factors Considered in Assessing Civil Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In the assessment of civil penalties, the following
						factors shall be considered:
(a) The
					 Gravity of the Violation--the Division establishes the degree of gravity of
					 General and Serious violations from its findings and evidence obtained during
					 the inspection/investigation, from its files and records, and other records of
					 governmental agencies pertaining to occupational injury, illness or disease.
					 The degree of gravity of General and Serious violations is determined by
					 assessing and evaluating the following criteria:
(1) Severity.
(A) General Violation.
i. When the safety order violated pertains to
					 employee illness or disease, Severity shall be based upon the degree of
					 discomfort, temporary disability and time loss from normal activity (including
					 work) which an employee is likely to suffer as a result of occupational illness
					 or disease which could result from the violation. Depending on the foregoing,
					 Severity shall be rated as follows:
LOW--
No time loss from work or
								normal activity; or minimum discomfort.
MEDIUM--
Loss of part or all of a
								day from work or normal activity including time for medical attention; or
								moderate temporary discomfort.
HIGH--
Loss of more than one day
								from regular work or normal activity including time for medical attention; or
								considerable temporary discomfort.
ii. When the safety order violated does not
					 pertain to employee illness or disease, Severity shall be based upon the type
					 and amount of medical treatment likely to be required or which would be
					 appropriate for the type of injury that would most likely result from the
					 violation. Depending on such treatment, Severity shall be rated as follows:
LOW--
Requiring first-aid
								only.
MEDIUM--
Requiring medical
								attention but not more than 24-hour hospitalization.
HIGH--
Requiring more than
								24-hour hospitalization.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA) › Subchapter 1 - Regulations of the Director of Industrial Relations › Article 4 - Proposed Penalty Procedure › Section 336.1 - Single Violation. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 3-7-75; effective thirtieth day thereafter (Register 75, No.
						10).
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA) › Subchapter 1 - Regulations of the Director of Industrial Relations › Article 4.5 - Multi-Employer Worksites › Section 336.10 - Determination of Citable Employer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
On multi-employer worksites, both construction and
						non-construction, citations may be issued only to the following categories of
						employers when the Division has evidence that an employee was exposed to a
						hazard in violation of any requirement enforceable by the Division:
(a) The employer whose employees were exposed
					 to the hazard (the exposing employer);
(b) The employer who actually created the
					 hazard (the creating employer);
(c)
					 The employer who was responsible, by contract or through actual practice, for
					 safety and health conditions on the worksite; i.e., the employer who had the
					 authority for ensuring that the hazardous condition is corrected (the
					 controlling employer); or
(d) The
					 employer who had the responsibility for actually correcting the hazard (the
					 correcting employer).
NOTE: The employers listed in subsections (b) through (d)
						may be cited regardless of whether their own employees were exposed to the
						hazard.
1. New
						article 4.5 (sections
						336.10-336.11) and section filed
						12-1-97; operative 12-31-97 (Register 97, No.
						49).
Note: Authority cited: Sections
						  54 and
						  55, Labor Code.
						  Reference: Sections
						  50.7,
						  6317,
						  6400,
						  6401,
						  6402,
						  6403,
						  6404,
						  6405,
						  6406 and
						  6407, 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 1 - Regulations of the Director of Industrial Relations › Article 4.5 - Multi-Employer Worksites › Section 336.11 - Determination of Applicability of Defenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Prior to issuing any citation to an exposing employer,
						the Division shall first determine whether available information indicates that
						the employer meets each of the defenses listed below. If the Division concludes
						that all five defenses have been met, the citation shall not be issued. These
						defenses are:
(a) The employer did not
					 create the hazard.
(b) The employer
					 did not have the responsibility or the authority to have the hazard
					 corrected.
(c) The employer did not
					 have the ability to correct or remove the hazard.
(d) The employer can demonstrate that the
					 creating, the controlling and/or the correction employers, as appropriate, were
					 specifically notified or were aware of the hazards to which his/her employees
					 were exposed.
(e) The employer took
					 appropriate feasible steps to protect his/her employees from the hazard,
					 instructed them to recognize the hazard and, where necessary, informed them how
					 to avoid the dangers associated with it. For the purposes of this section,
					 where an extreme hazard is involved, appropriate feasible steps include
					 removing the employer's employees from the job, if there is no other way to
					 protect them from the hazard.
1. New
						section filed 12-1-97; operative 12-31-97 (Register 97, No.
						49).
Note: Authority cited: Sections
						  54 and
						  55, Labor Code.
						  Reference: Sections
						  50.7,
						  6317,
						  6400,
						  6401,
						  6402,
						  6403,
						  6404,
						  6405,
						  6406 and
						  6407, 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 1 - Regulations of the Director of Industrial Relations › Article 6 - Workers' Compensation Loss Control Consultation Services, Annual Health and Safety Loss Control Plan-Requirements and Procedures › Section 339.1 - Scope and Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This Article applies to all insurers and insureds as
						defined in section
						339.3.
1. New
						article 6 and section filed 1-10-94 as an emergency; operative 1-10-94
						(Register 94, No. 2). A Certificate of Compliance must be transmitted to OAL by
						5-10-94 or emergency language will be repealed by operation of law on the
						following day.
2. New article 6 and section refiled 4-26-94 as an
						emergency; operative 4-26-94 (Register 94, No. 17). A Certificate of Compliance
						must be transmitted to OAL by 8-24-94 or emergency language will be repealed by
						operation of law on the following day.
3. Certificate of Compliance
						as to 4-26-94 order transmitted to OAL and filed 10-6-94 (Register 94, No.
						40).
Note: Authority cited: Sections
						  54 and
						  55, Labor Code;
						  and section
						  11721,
						  Insurance Code. Reference: Section
						  11721,
						  Insurance 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 1 - Regulations of the Director of Industrial Relations › Article 6 - Workers' Compensation Loss Control Consultation Services, Annual Health and Safety Loss Control Plan-Requirements and Procedures › Section 339.2 - Effective Dates and Start-up Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This article shall take effect
					 immediately, except for section
					 339.4 which shall take effect on
					 April 1, 1994.
(b) Provisional
					 Certification Periods.
(1) Provisional
					 certification shall be granted by the Division for a period of 120 days upon
					 receipt by the Loss Control Consultation Certification Unit of an application
					 which complies, at a minimum, with the requirements of 339.7(b) and (c)(1)
					 through (3).
(2) The Division may
					 extend an insurer's provisional certification for an additional period of up to
					 120 days if the volume of applications received results in the Division's
					 inability to process the insurer's application within the initial 120 day
					 period.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA) › Subchapter 1 - Regulations of the Director of Industrial Relations › Article 6 - Workers' Compensation Loss Control Consultation Services, Annual Health and Safety Loss Control Plan-Requirements and Procedures › Section 339.4 - Provision of Loss Control Consultation Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Every insurer issuing or maintaining a
					 workers' compensation insurance policy covering an employer's current or future
					 operations shall maintain or provide loss control consultation services
					 certified by the Division in accordance with this Article.
NOTE:
Insurers may elect to provide all or
						part of their loss control consultation services through another entity, e.g.,
						consultants, insurance groups or health care organizations, to the extent that
						the services to be provided meet the requirements of this section. However,
						such an election shall not alter the insurer's responsibility to maintain
						certification and to direct and control the provision of all loss control
						consultation services required by this Article.
(b) At the time the insurance policy is
					 issued, and annually thereafter, the insurer shall provide to each of its
					 insureds a written description of the insurer's loss control consultation
					 services, including a notice stating that the services are available at no
					 additional charge to the insured. The following statement shall be included
					 with the notice: "Workers' compensation insurance policyholders may register
					 comments about the insurer's loss control consultation services by writing to:
					 State of California, Department of Industrial Relations, Division of
					 Occupational Safety and Health, P.O. Box 420603, San Francisco, CA
					 94142."
(c) The insurer shall not
					 charge the employer any fee in addition to the insurance premium for the
					 provision of loss control consultation services.
(d) Targeted Employers.
(1) The insurer shall provide loss control
					 consultation services to all targeted employers, which, at a minimum, shall
					 include the following:
(A) Effective
					 evaluation of the employer's operations, including:
1. Comprehensive on-site consultation for
					 each targeted employer identified by the insurer's annual plan;
2. Discussions with management and, with
					 permission of the employer, non-management personnel; and
3. Review with appropriate personnel of
					 relevant records, including, but not limited to, the employer's log and summary
					 of injuries and illnesses maintained pursuant to section
					 14301 and the employer's section
					 3203 injury and illness prevention
					 program;
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA) › Subchapter 1 - Regulations of the Director of Industrial Relations › Article 6 - Workers' Compensation Loss Control Consultation Services, Annual Health and Safety Loss Control Plan-Requirements and Procedures › Section 339.5 - Requirements for Certification and Recertification of Loss Control Consultation Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Certification lasts for a period of one year, except as specified by section
					 339.2. To apply for certification
					 or recertification, an insurer must submit a completed application and all
					 supporting documentation as required by section
					 339.7.
(b) To qualify for certification and
					 recertification the insurer shall demonstrate that:
(1) The insurer has developed and is prepared
					 to implement an annual plan which meets the requirements of section
					 339.6; and
(2) The insurer has the capability to deliver
					 effective loss control consultation services meeting the requirements of
					 section 339.4. Such a demonstration shall
					 include, but not be limited to, each of the following:
(A) Identification of each entity supplying
					 loss control consultation personnel, if consultation services are to be
					 provided by personnel other than employees of the insurer.
(B) A description of the categories, the
					 number in each category, and the individual qualifications, including
					 professional licenses and certification, of the personnel who will be providing
					 loss control consultation services.
(C) A detailed description of the services to
					 be provided by each of the personnel and the types of industrial activities and
					 settings with which their services will be associated, together with an
					 explanation of how these personnel are qualified to address these activities
					 and settings.
(D) An estimate of:
1. The number of on-site consultations the
					 insurer's loss control consultation personnel will provide for the coming
					 certification year, specifying what portion will consist of consultations to
					 targeted employers;
2. The average
					 number of hours to be spent on each on site consultation, not including
					 preparation and travel time; and
3.
					 The number of workplace surveys not consisting of on-site consultation to be
					 provided for the coming certification year, including the average amount of
					 time to be spent per survey.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA) › Subchapter 1 - Regulations of the Director of Industrial Relations › Article 6 - Workers' Compensation Loss Control Consultation Services, Annual Health and Safety Loss Control Plan-Requirements and Procedures › Section 339.6 - Annual Health and Safety Loss Control Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Every insurer seeking certification or
					 recertification shall submit an annual plan as required by section
					 339.7(c)(5).
(b) The annual plan shall detail the
					 insurer's program objectives for delivering loss control consultation services
					 to those insureds selected as targeted employers, and shall include, at a
					 minimum, the following:
(1) A
					 budget;
(2) The methodology used by
					 the insurer to select targeted employers;
NOTE:
Section
						339.11 contains guidelines for
						selecting targeted employers.
(3) One-year and three-year loss reduction
					 goals for targeted employers;
(4)
					 Size, type, and identity of each targeted employer for the coming year;
					 and
(5) A description of the loss
					 control consultation services provided to targeted employers during the
					 previous year, including:
(A) Identity of
					 targeted employers served and a summary of the services provided to
					 each;
(B) Total expenditures for
					 all targeted employers served;
(C)
					 Evaluation of the effectiveness of the consultations provided, including the
					 extent to which the previous year's loss reduction goals were met for targeted
					 employers and an analysis of any failure to meet such goals; and
(D) A list of all employers to whom loss
					 control consultation services have been provided through an entity other than
					 the insurer or the insurance group to which the insurer belongs. The list shall
					 include the identities and qualifications of the personnel who provided the
					 consultation services.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA) › Subchapter 1 - Regulations of the Director of Industrial Relations › Article 6 - Workers' Compensation Loss Control Consultation Services, Annual Health and Safety Loss Control Plan-Requirements and Procedures › Section 339.7 - Application for Certification or Recertification of Loss Control Consultation Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Applications may be obtained from the Loss Control Consultation Services
					 Certification Unit of the Division.
(b) The application (Form LCC-1; 10-94) shall
					 be lodged with the Loss Control Consultation Services Certification Unit and
					 shall be accompanied by the required application fee.
(c) The application shall provide, be
					 accompanied by, or be supplemented with the following items:
(1) Names under which the applicant is
					 authorized to write workers' compensation insurance;
(2) Name and address of the insurer's
					 employee directly responsible for administering the insurer's loss control
					 consultation services;
(3) Proof of
					 authorization from the California Department of Insurance to write workers'
					 compensation insurance within the State of California;
(4) Documentation demonstrating the insurer's
					 capability to deliver loss control consultation services as described by
					 section 339.5(b)(2);
(5) A copy of the insurer's annual plan;
					 and
(6) Any additional information
					 requested by the Division, if reasonably necessary to evaluate the insurer's
					 suitability for certification consistent with the requirements of this
					 Article.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA) › Subchapter 1 - Regulations of the Director of Industrial Relations › Article 6 - Workers' Compensation Loss Control Consultation Services, Annual Health and Safety Loss Control Plan-Requirements and Procedures › Section 339.8.1 - Workers' Occupational Safety and Health Fund Fee Report Form

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Click
						here to view image
1. New
						section filed 1-21-2003; operative 1-21-2003 pursuant to Government Code
						section
						11343.4
						(Register 2003, No. 4).
Note: Authority cited: Section
						  6354.7, Labor
						  Code; and Section
						  11759.1,
						  Insurance Code. Reference: Section
						  6354.5, Labor
						  Code; and Section
						  11759.1,
						  Insurance 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 1 - Regulations of the Director of Industrial Relations › Article 6 - Workers' Compensation Loss Control Consultation Services, Annual Health and Safety Loss Control Plan-Requirements and Procedures › Section 339.9 - Denial of Certification or Recertification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Division shall deny certification or
					 recertification if the insurer does not satisfy the requirements of this
					 article.
(b) An applicant denied
					 certification may:
(1) Reapply by submitting
					 a new application together with a new application fee; or
(2) Appeal for reconsideration to the
					 Director.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA) › Subchapter 1 - Regulations of the Director of Industrial Relations › Article 6 - Workers' Compensation Loss Control Consultation Services, Annual Health and Safety Loss Control Plan-Requirements and Procedures › Section 339.10 - Revocation, Suspension or Attachment of Conditions to Certification

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, suspend, or attach conditions to the retention
					 of, any certification issued pursuant to this article. Good cause shall be
					 deemed to exist if the Division establishes that the insurer has substantially
					 failed to meet or comply with the requirements of this article.
(b) Notice of the Division's intent to take
					 any adverse action with respect to a certification shall be in writing and
					 served at least fifteen days in advance of the hearing. Service shall be deemed
					 complete if notice of the hearing is sent by certified mail or hand delivered
					 to the address shown on the application form. The notice shall specify the
					 action intended to be taken by the Division and the reasons for the action in
					 sufficient detail to allow the insurer to prepare for the hearing.
(c) The hearing shall be held at the
					 Division's Headquarters offices, or at such other location as may be designated
					 by the Director, and shall be conducted by the Chief or Deputy Chief of the
					 Division.
(d) The insurer may
					 appeal any adverse action to the Director in the same manner as provided for
					 appeal of denial of certification by section
					 339.9(c) and (d)
					 and the filing of an appeal shall stay the adverse action until the issuance of
					 a final decision by the Director.
(e) The Insurance Commissioner shall be
					 notified of every final decision by the Director to suspend or revoke
					 certification.
1. New
						section filed 1-10-94 as an emergency; operative 1-10-94 (Register 94, No. 2).
						A Certificate of Compliance must be transmitted to OAL by 5-10-94 or emergency
						language will be repealed by operation of law on the following
						day.
2. New section refiled 4-26-94 as an emergency; operative
						4-26-94 (Register 94, No. 17). A Certificate of Compliance must be transmitted
						to OAL by 8-24-94 or emergency language will be repealed by operation of law on
						the following day.
3. Certificate of Compliance as to 4-26-94 order
						transmitted to OAL and filed 10-6-94 (Register 94, No.
						40).
Note: Authority cited: Sections
						  54 and
						  55, Labor Code;
						  and section
						  11721,
						  Insurance Code. Reference: Section
						  11721,
						  Insurance 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 1 - Regulations of the Director of Industrial Relations › Article 6 - Workers' Compensation Loss Control Consultation Services, Annual Health and Safety Loss Control Plan-Requirements and Procedures › Section 339.11 - Guidelines for Selecting Targeted Employers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Section
					 339.6(b)(2)
					 requires the insurer's annual plan to include a methodology for selecting
					 targeted employers and section
					 339.6(c) requires
					 the annual plan to demonstrate that the insurer has reliably identified as
					 targeted employers those of its insureds who have the greatest workers'
					 compensation losses and most significant preventable health and safety hazards,
					 and that the insurer's loss control consultation services will effectively
					 serve the needs of targeted employers.
(b) The Division will review the annual plan
					 to determine the effectiveness of the insurer's targeting methodology.
					 Targeting methodologies may be different depending on the insurer and the type
					 of insureds served, but shall utilize an effective combination of any of the
					 following factors, or similar factors:
(1)
					 Type, number, and rate of occupational injuries and illnesses;
(2) Number of workers' compensation claims,
					 or injuries and illnesses, per payroll or premium dollar;
(3) Severity of workers' compensation claims,
					 or injuries and illnesses, per payroll or premium dollar;
(4) Experience modification rating, or other
					 ways of comparing the employer's loss experience to similar
					 employers;
(5) Data from the
					 insurers' previous evaluations of the employer; and
(6) Cal/OSHA citation history.
EXCEPTION: Other information, e.g., direct written
						premium per employer or the number of employees per employer, may be used as
						additional factors to be considered in selecting targeted employers. However,
						such information shall not be used in a manner which results in exclusion of
						those insureds who have the greatest workers' compensation losses and most
						significant preventable health and safety hazards.
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 340.1 - Rights of Employees to Observe Monitoring or Measuring

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Whenever an employer is required to
					 conduct tests or to engage in monitoring or measuring, to determine employee
					 exposure to hazards by specific standards promulgated under Labor Code Section
					 142.3, the
					 employer shall notify the affected employee or employees or their
					 representative, prior to commencement of the date, time and place of the
					 testing, monitoring or measuring of employee exposure. The employer shall
					 provide the affected employee or employees, or their representatives with the
					 opportunity to observe the testing, sampling, monitoring or measuring
					 undertaken pursuant to such standards.
(b) The affected employee, employees or their
					 representatives shall be allowed access to the records and reports of the
					 results of the testing monitoring or measuring when carried out under the
					 requirements of a standard promulgated under Labor Code Section
					 142.3.
1.
						Amendment filed 7-31-74 as procedural and organizational; designated effective
						8-1-74 (Register 74, No. 31).