reglab/statecodes huggingface dataset:
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.5 - Occupational Safety and Health Standards Board › Subchapter 1 - Rules of Procedure for Permanent Variances and Appeals from Temporary Variances › Article 1 - General › Section 405.2 - Standards Board Records Not Subject to Subpoena. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No.
						30).
2. Repealer filed 10-22-82 by OAL pursuant to Government Code
						section
						11349.7(j)
						(Register 82, No. 43).
3. Editorial correction of printing error in
						HISTORY 2 (Register 94, No. 2).
Note: Authority cited: Section
						  143.2, Labor
						  Code. Reference: Section
						  143.2, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.5 - Occupational Safety and Health Standards Board › Subchapter 1 - Rules of Procedure for Permanent Variances and Appeals from Temporary Variances › Article 1 - General › Section 406 - Party Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Affected employees and/or an authorized employee representative may elect to
					 participate as parties at any time before the commencement of the hearing,
					 unless, for good cause shown, the Standards Board allows such election at a
					 later time.
(b) The Division shall
					 be deemed a party to all variance proceedings before the board, whether or not
					 the division has appeared or participated in the proceeding and shall be
					 entitled to receive the same service and notice as any other party.
1.
						Amendment filed 7-19-82; effective thirtieth day thereafter (Register 82, No.
						30).
2. Amendment of subsection (a) filed 7-1-2002; operative
						7-31-2002 (Register 2002, No. 27).
Note: Authority cited: Section
						  143.2, Labor
						  Code. Reference: Sections
						  143.1,
						  143.2 and
						  147, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.5 - Occupational Safety and Health Standards Board › Subchapter 1 - Rules of Procedure for Permanent Variances and Appeals from Temporary Variances › Article 1 - General › Section 406.1 - Intervention; Appearance by Nonparties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A petition for leave to intervene may be
					 filed at any stage of a proceeding before commencement of the
					 hearing.
(b) The petition shall set
					 forth the interest of the petitioner in the proceeding and show that the
					 participation of the petitioner will assist in the determination of the issues
					 and questions, and that the intervention will not unnecessarily delay the
					 proceeding.
(c) The Standards Board
					 may grant a petition for intervention to such an extent and upon such terms as
					 the board shall determine.
(d) Any
					 person whose petition for intervention has been granted shall be entitled to
					 all notices to which parties are entitled.
1. New
						NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No.
						30).
Note: Authority cited: Section
						  143.2, Labor
						  Code. Reference: Section
						  143.2, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.5 - Occupational Safety and Health Standards Board › Subchapter 1 - Rules of Procedure for Permanent Variances and Appeals from Temporary Variances › Article 1 - General › Section 407 - Service and Notice. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No.
						30).
2. Repealer filed 1-9-2003; operative 2-8-2003 (Register 2003,
						No. 2).
Note: Authority cited: Section
						  143.2, Labor
						  Code. Reference: Sections
						  143.1 and
						  143.2, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.5 - Occupational Safety and Health Standards Board › Subchapter 1 - Rules of Procedure for Permanent Variances and Appeals from Temporary Variances › Article 1 - General › Section 407.1 - Proof of Service by Parties. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No.
						30).
2. Repealer filed 1-9-2003; operative 2-8-2003 (Register 2003,
						No. 2).
Note: Authority cited: Section
						  143.2, Labor
						  Code. Reference: Sections
						  143.1 and
						  143.2, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.5 - Occupational Safety and Health Standards Board › Subchapter 1 - Rules of Procedure for Permanent Variances and Appeals from Temporary Variances › Article 1 - General › Section 407.2 - Responsibilities of Employers to Notify Employees of Proceedings. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No.
						30).
2. Repealer filed 1-9-2003; operative 2-8-2003 (Register 2003,
						No. 2).
Note: Authority cited: Section
						  143.2, Labor
						  Code. Reference: Sections
						  143.1 and
						  143.2, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.5 - Occupational Safety and Health Standards Board › Subchapter 1 - Rules of Procedure for Permanent Variances and Appeals from Temporary Variances › Article 1 - General › Section 407.3 - Responsibilities of Employees to Notify Employers and Other Employees of Proceedings. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No.
						30).
2. Repealer filed 1-9-2003; operative 2-8-2003 (Register 2003,
						No. 2).
Note: Authority cited: Section
						  143.2, Labor
						  Code. Reference: Section
						  6455, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.5 - Occupational Safety and Health Standards Board › Subchapter 1 - Rules of Procedure for Permanent Variances and Appeals from Temporary Variances › Article 2 - Applications for Permanent Variances and Appeals from Temporary Variances › Section 411 - Applications for Permanent Variances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any Employer desiring a permanent
					 variance from an occupational safety or health standard, regulation or order
					 contained in California Code of Regulations, Title 8 shall file a written
					 application for a variance, submitted under penalty of perjury, with the
					 Standards Board.
Note: See Rule 403(n) for definition of
						Employer.
(b) One
					 application for variance shall be submitted and shall include:
(1) The name and address of the
					 Employer;
(2) The address(es) where
					 the variance will be in effect;
(3)
					 A description of the conditions, practices, means, methods, operations, or
					 processes used or proposed to be used by the Employer to provide health and
					 safety equal or superior to that provided by the regulations;
(4) A statement showing how the conditions,
					 practices, means, methods, operations, or processes used or proposed to be used
					 would provide health and safety equal or superior to that provided by the
					 regulation from which a variance is sought;
(5) A certification that the Employer will
					 comply with the notification and posting requirements contained in Rules 411.2
					 and 411.3 below;
(6) A
					 specification of the Title 8 regulation from which the permanent variance is
					 sought, including the appropriate subsections, if applicable;
(7) A statement of whether or not an appeal
					 has been filed or is pending with the Occupational Safety and Health Appeals
					 Board relative to the same safety order, including the Occupational Safety and
					 Health Appeals Board docket number.
(8) A statement estimating the number of
					 witnesses to be called by the Employer at the hearing and of the amount of time
					 the Employer will require to present its case at the hearing; and
(9) One copy of any photographs, blueprints
					 or other illustrative materials submitted to document or clarify the
					 application.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.5 - Occupational Safety and Health Standards Board › Subchapter 1 - Rules of Procedure for Permanent Variances and Appeals from Temporary Variances › Article 2 - Applications for Permanent Variances and Appeals from Temporary Variances › Section 411.1 - Denial of Defective Application for Permanent Variance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An application for permanent variance that fails to
						comply with rule 411 shall not be docketed or considered by the Board.
						Employers shall be advised of the application's defective areas and requested
						to correct or resubmit the application in accordance with the Board Rules.
						Failure to correct or resubmit the application in accordance with the Board
						Rules within 60 days shall result in automatic denial of the application. A
						denial of the application pursuant to this Rule shall be without prejudice to
						the filing of another application.
1.
						Amendment filed 7-19-82; effective thirtieth day thereafter (Register 82, No.
						30).
2. Amendment of section heading and section filed 7-1-2002;
						operative 7-31-2002 (Register 2002, No. 27).
Note: Authority cited: Section
						  143.2, Labor
						  Code. Reference: Section
						  143.2, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.5 - Occupational Safety and Health Standards Board › Subchapter 1 - Rules of Procedure for Permanent Variances and Appeals from Temporary Variances › Article 2 - Applications for Permanent Variances and Appeals from Temporary Variances › Section 411.2 - Compliance with Notification and Posting Requirements Regarding Variance Proceedings and Temporary Variance Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The notification and posting requirements contained in
						Sections 411.3 and
						412.2 shall be satisfied as
						follows:
(a) Notification to a party
					 who has appeared through a representative shall be made through such
					 representative. Notification to an authorized employee representative shall be
					 in addition to providing notice to the affected employees.
(b) Unless otherwise ordered, notification
					 may be provided by postage-prepaid first class mail or by personal delivery.
					 Notification is deemed effective at the time of mailing or personal
					 delivery.
(c) Proof of notification
					 or posting by parties may be made by any of the following means:
(1) Affidavit of service;
(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 3.5 - Occupational Safety and Health Standards Board › Subchapter 1 - Rules of Procedure for Permanent Variances and Appeals from Temporary Variances › Article 2 - Applications for Permanent Variances and Appeals from Temporary Variances › Section 411.3 - Employer Posting and Notification Responsibilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Regarding Variance Proceedings and Temporary Variance
						Appeals.
(a) Employers shall post a
					 copy of the following documents at the place(s) where notices to employees are
					 usually posted. In lieu of posting, Conveyance Owners shall immediately provide
					 copies of these documents to the building maintenance provider and to the
					 maintenance provider for the conveyance.
(1)
					 The docketed variance application or temporary variance appeal, or a statement
					 giving a summary of the application or appeal that specifies where a copy may
					 be examined. This posting shall occur immediately upon the Employer's receipt
					 of the notice indicating that the variance application or appeal has been
					 docketed.
(2) A notice contained in
					 the application, or provided as a separate document but posted simultaneously
					 with the application, informing affected employees of their right to:
(A) party status and to participate in the
					 variance proceedings;
(B) inspect
					 and copy all pleadings at a reasonable time; and
(C) petition the Standards Board for a
					 hearing.
(3) A copy of
					 the notice of hearing, which shall be posted immediately upon its receipt.
EXCEPTION: If the variance or appeal pertains to an
						elevator, escalator or other conveyance covered by the Elevator Safety Orders
						that is in a building that is under construction or otherwise unoccupied, and
						neither a maintenance provider for the conveyance nor a building maintenance
						provider has been retained or designated, the Conveyance Owner shall attest to
						these facts in its application. If a conveyance maintenance and/or building
						maintenance provider is retained or designated after the variance or appeal is
						requested, but before a hearing is held, the Conveyance Owner shall immediately
						comply with this section and shall inform the Board, in writing, of the actions
						taken to comply.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.5 - Occupational Safety and Health Standards Board › Subchapter 1 - Rules of Procedure for Permanent Variances and Appeals from Temporary Variances › Article 2 - Applications for Permanent Variances and Appeals from Temporary Variances › Section 411.4 - Notice of Denial of Interim Variance. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment filed 7-19-82; effective thirtieth day thereafter (Register 82, No.
						30).
2. Repealer filed 7-1-2002; operative 7-31-2002 (Register 2002,
						No. 27).
Note: Authority cited: Section
						  143.2, Labor
						  Code. Reference: Section
						  143.2, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.5 - Occupational Safety and Health Standards Board › Subchapter 1 - Rules of Procedure for Permanent Variances and Appeals from Temporary Variances › Article 2 - Applications for Permanent Variances and Appeals from Temporary Variances › Section 412 - Appeals from Temporary Variances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any employer or other persons adversely
					 affected by the granting or denial of a temporary variance by the Division may
					 appeal the Division's decision to the Board.
(b) Such appeal from a temporary variance
					 shall be in writing and shall include:
(1)
					 The name and address of the appellant;
(2) The address of the place or places of
					 employment involved;
(3) A
					 specification of the temporary variance in question and of the standard or
					 portion thereof from which the variance was allowed or denied and the grounds
					 upon which it is based; and
(4) A
					 statement of facts which shows that the appellant is either the affected
					 employer or is a person adversely affected by the granting or denial of the
					 temporary variance.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.5 - Occupational Safety and Health Standards Board › Subchapter 1 - Rules of Procedure for Permanent Variances and Appeals from Temporary Variances › Article 2 - Applications for Permanent Variances and Appeals from Temporary Variances › Section 412.1 - Correction of Defective Appeal from a Temporary Variance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If any variance appeal fails to state the grounds upon
						which it is based, the appellant shall be notified that it does not comply with
						the Standards Board rules and shall be granted fifteen days after the date of
						mailing of such notice within which to file an amended appeal. If within the
						time permitted the appellant fails to amend the appeal to conform with rule 412
						the appeal shall be dismissed.
1.
						Amendment of section heading filed 7-19-82; effective thirtieth day thereafter
						(Register 82, No. 30).
2. Change without regulatory effect pursuant
						to section 100, title 1, California Code of
						Regulations filed 2-25-91; operative 3-27-91 (Register 91, No.
						14).
3. Editorial correction of printing error (Register 94, No.
						2).
Note: Authority cited: Section
						  143.2, Labor
						  Code. Reference: Section
						  143.2, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.5 - Occupational Safety and Health Standards Board › Subchapter 1 - Rules of Procedure for Permanent Variances and Appeals from Temporary Variances › Article 2 - Applications for Permanent Variances and Appeals from Temporary Variances › Section 412.2 - Notification Requirements for Employees Appealing Temporary Variances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Where an
					 affected employee or an authorized employee representative appeals the granting
					 or denial of a temporary variance, the employee or representative shall provide
					 the Employer with a copy of the appeal for posting in the manner prescribed in
					 Rule 411.3.
(b) An authorized
					 employee representative who appeals the granting or denial of a temporary
					 variance shall be responsible for serving any other authorized employee
					 representative whose members are affected employees.
1. New
						section filed 1-9-2003; operative 2-8-2003 (Register 2003, No.
						2).
Note: Authority cited: Sections
						  143.2 and
						  6457, Labor
						  Code. Reference: Sections
						  143,
						  143.2 and
						  6457, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.5 - Occupational Safety and Health Standards Board › Subchapter 1 - Rules of Procedure for Permanent Variances and Appeals from Temporary Variances › Article 3 - Prehearing Proceedings › Section 415 - Referral of Variance Applications and Temporary Variance Appeals to the Division

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Applications for variances and appeals from temporary variances relating to
					 occupational safety and health standards filed with the Board in proper form
					 will be promptly referred to the Division for evaluation.
(b) Hearings on applications for variances
					 and appeals will be scheduled so that the Division's evaluation report will be
					 available for presentation at the hearing.
1.
						Amendment filed 7-19-82; effective thirtieth day thereafter (Register 82, No.
						30).
2. Amendment of section heading and section filed 7-1-2002;
						operative 7-31-2002 (Register 2002, No. 27).
Note: Authority cited: Section
						  143.2, Labor
						  Code. Reference: Section
						  147, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.5 - Occupational Safety and Health Standards Board › Subchapter 1 - Rules of Procedure for Permanent Variances and Appeals from Temporary Variances › Article 3 - Prehearing Proceedings › Section 416 - Publication of Variance Applications. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No.
						30).
2. Repealer filed 7-7-87; operative 8-6-87 (Register 87, No.
						29).
Note: Authority cited: Section
						  143.2, Labor
						  Code. Reference: Section
						  143.1, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.5 - Occupational Safety and Health Standards Board › Subchapter 1 - Rules of Procedure for Permanent Variances and Appeals from Temporary Variances › Article 3 - Prehearing Proceedings › Section 417 - Assignment to Hearing Panels

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The chairperson may assign variance
					 proceedings before the board to a hearing panel consisting of one or more
					 members for hearing and preparation of a proposed decision in such form that it
					 may be adopted as the decision in the case. Assignments by the chairperson of
					 members on such hearing panels shall be rotated among the members with the
					 composition of the members so assigned being varied and changed to assure that
					 there shall never be a fixed and continued composition of members.
(b) A variance proceeding shall be heard and
					 decided by the Standards Board itself at the request of any two members of the
					 Standards Board.
1.
						Amendment filed 7-19-82; effective thirtieth day thereafter (Register 82, No.
						30).
2. Change without regulatory effect pursuant to section
						100, title 1, California Code of
						Regulations filed 2-25-91; operative 3-27-91 (Register 91, No.
						14).
Note: Authority cited: Section
						  143.2, Labor
						  Code. Reference: Section
						  143.2, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.5 - Occupational Safety and Health Standards Board › Subchapter 1 - Rules of Procedure for Permanent Variances and Appeals from Temporary Variances › Article 3 - Prehearing Proceedings › Section 417.2 - Merger of Successive Variance Applications or Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If, at the time any variance application or appeal is
						filed, one or more prior applications or appeals by or involving the same
						employer and involving the same or similar issues have not been decided by the
						board or a hearing officer, such prior applications or appeals may, upon notice
						to the parties, be deemed merged into the last application or appeal filed, and
						the Standards Board may issue a single decision.
1.
						Amendment filed 7-19-82; effective thirtieth day thereafter (Register 82, No.
						30).
Note: Authority cited: Section
						  143.2, Labor
						  Code. Reference: Section
						  143.2, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.5 - Occupational Safety and Health Standards Board › Subchapter 1 - Rules of Procedure for Permanent Variances and Appeals from Temporary Variances › Article 3 - Prehearing Proceedings › Section 417.3 - Withdrawal of Variance Applications and Temporary Variance Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A variance
					 application or appeal may only be withdrawn by written request and before a
					 final decision is issued by the Board. If such request is made, the Board shall
					 issue a decision dismissing the appeal or application.
(b) A variance application or appeal so
					 dismissed shall be reinstated by the board if the party files a written
					 petition and shows therein that the request for withdrawal resulted from
					 misinformation given by the Division, Appeals Board or Standards Board or from
					 fraud or coercion. Any petition for reinstatement shall be made within 60 days
					 after personal service or mailing of the decision dismissing the variance
					 application or appeal, or, in the event of fraud, within 60 days after
					 discovery of such fraud.
1.
						Amendment filed 7-19-82; effective thirtieth day thereafter (Register 82, No.
						30).
2. Editorial correction of printing error in subsection (b)
						(Register 94, No. 2).
3. Amendment of section heading and subsection
						(a) filed 7-1-2002; operative 7-31-2002 (Register 2002, No.
						27).
Note: Authority cited: Section
						  143.2, Labor
						  Code. Reference: Sections
						  143.2 and
						  6457, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.5 - Occupational Safety and Health Standards Board › Subchapter 1 - Rules of Procedure for Permanent Variances and Appeals from Temporary Variances › Article 3 - Prehearing Proceedings › Section 417.4 - Dismissal of Late Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If any appeal is not filed within the time permitted by
						the code or these rules, the board shall issue a decision dismissing the appeal
						unless the appellant shows good cause for late filing. If good cause is shown,
						the appeal shall be decided on the merits.
1. New
						NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No.
						30).
Note: Authority cited: Section
						  143.2, Labor
						  Code. Reference: Sections
						  143.2 and
						  6455, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.5 - Occupational Safety and Health Standards Board › Subchapter 1 - Rules of Procedure for Permanent Variances and Appeals from Temporary Variances › Article 3 - Prehearing Proceedings › Section 417.5 - Dismissal of Variance Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If an Employer fails to pursue its variance application
						after the application is docketed, or causes significant delay in the
						processing of its application, the Board will provide the Employer with written
						notice of the Board's intent to dismiss the application. Unless the Employer
						responds to the notice within 30 days from the date of service, and
						subsequently assists in the processing of the variance application, the Board
						may dismiss the application without prejudice.
1. New
						section filed 7-1-2002; operative 7-31-2002 (Register 2002, No.
						27).
Note: Authority cited: Section
						  143.2, Labor
						  Code. Reference: Sections
						  143 and
						  143.2, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.5 - Occupational Safety and Health Standards Board › Subchapter 1 - Rules of Procedure for Permanent Variances and Appeals from Temporary Variances › Article 3 - Prehearing Proceedings › Section 418 - Pre-Hearing Requests for Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All requests for action by the Standards Board relating
						to any proceeding pending before the Board shall be made in writing and
						directed to the hearing officer assigned to the matter, or to the executive
						officer if a hearing officer has not been assigned. Each written request shall
						contain the variance docket number and shall indicate the type of relief
						sought. If a hearing officer has been assigned, the hearing officer may resolve
						such requests without the Board's involvement.
1. New
						NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No.
						30).
2. Amendment of section heading, section and NOTE filed
						1-9-2003; operative 2-8-2003 (Register 2003, No.
						2).
Note: Authority cited: Section
						  143.2, Labor
						  Code. Reference: Sections
						  143 and
						  143.2, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.5 - Occupational Safety and Health Standards Board › Subchapter 1 - Rules of Procedure for Permanent Variances and Appeals from Temporary Variances › Article 3 - Prehearing Proceedings › Section 419 - Consolidation of Proceedings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any number of proceedings may be consolidated for hearing
						or decision when the facts and circumstances are similar and no substantial
						right of any party will be prejudiced.
1. New
						NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No.
						30).
Note: Authority cited: Section
						  143.2, Labor
						  Code. Reference: Section
						  143.2, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.5 - Occupational Safety and Health Standards Board › Subchapter 1 - Rules of Procedure for Permanent Variances and Appeals from Temporary Variances › Article 3 - Prehearing Proceedings › Section 420 - Pre-Hearing Conference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 At any time before a hearing, the Standards Board or the hearing officer may,
					 on its own initiative, or at the request of a party, direct the parties or
					 their representatives to exchange information or to participate in a
					 pre-hearing conference for the purpose of considering matters which will tend
					 to simplify the issues or expedite the proceedings. If a hearing officer has
					 been assigned, the hearing officer may resolve such requests without the
					 Board's involvement.
(b) The
					 Standards Board or the hearing officer may issue a prehearing order which
					 includes the agreements reached by the parties. Such order shall be served on
					 all parties and shall be a part of the record.
1. New
						NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No.
						30).
2. Amendment of section heading, section and NOTE filed
						1-9-2003; operative 2-8-2003 (Register 2003, No.
						2).
Note: Authority cited: Section
						  143.2, Labor
						  Code. Reference: Sections
						  143 and
						  143.2, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.5 - Occupational Safety and Health Standards Board › Subchapter 1 - Rules of Procedure for Permanent Variances and Appeals from Temporary Variances › Article 4 - Hearings and Decisions › Section 421 - Time and Place of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Variance appeals from temporary variances shall be given scheduling priority
					 over variance applications.
(b)
					 Applications for variances shall be scheduled for hearing as soon as
					 practicable after receipt.
(c)
					 Except as hereinafter provided, the Standards Board may set the time and place
					 of hearing at its principal office or at another location designated by the
					 Board that is more convenient for the applicant.
(d) Where, because of the distance involved
					 or for other reasons, it is impractical for parties and their witnesses to
					 appear at the same place of hearing, a videoconference hearing may be
					 scheduled.
1.
						Amendment filed 7-19-82; effective thirtieth day thereafter (Register 82, No.
						30).
2. Amendment of subsections (c) and (d) filed 6-26-2003;
						operative 7-26-2003 (Register 2003, No. 26).
Note: Authority cited: Section
						  143.2, Labor
						  Code. Reference: Sections
						  143.2,
						  147 and
						  6457, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.5 - Occupational Safety and Health Standards Board › Subchapter 1 - Rules of Procedure for Permanent Variances and Appeals from Temporary Variances › Article 4 - Hearings and Decisions › Section 422 - Witnesses and Subpoenas

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 A party shall arrange for the presence of his/her witnesses at a hearing in a
					 variance proceeding.
(b) A subpoena
					 may be issued by the Standards Board or a hearing officer on the board's or
					 hearing officer's own motion.
(c) A
					 subpoena to compel the attendance of a witness shall be issued by the hearing
					 officer upon request made by a party and a showing of the need
					 therefor.
(d) An application for
					 subpoena duces tecum for the production by a witness of books, papers,
					 correspondence, memoranda, or other records, including records of the Division,
					 shall be made by affidavit to the hearing officer and shall give the name and
					 address of the person to be subpoenaed, shall describe the matters or things
					 desired to be produced and show the materiality thereof to the issues involved
					 in the proceeding and that, to the best of the applicant's knowledge, the
					 witness has such matters or things in his/her possession or under his/her
					 control.
(e) If the hearing officer
					 finds that the affidavit is complete and supports the application for the
					 subpeona duces tecum, the hearing officer shall issue the requested
					 subpoena.
(f) Each party shall
					 arrange for the service of all subpoenas, including subpoenas duces tecum,
					 issued to the party. A copy of the affidavit for subpoenas duces tecum shall be
					 served with such subpoena.
1.
						Amendment of subsection (d) filed 7-19-82; effective thirtieth day thereafter
						(Register 82, No. 30).
2. Change without regulatory effect pursuant
						to section 100, title 1, California Code of
						Regulations amending subsections (a), (d) and (e) filed 2-25-91; operative
						3-27-91 (Register 91, No. 14).
3. Editorial correction of printing
						error in subsection (e) (Register 94, No. 2).
4. New subsection (e),
						subsection relettering, amendment of newly designated subsection (f) and
						amendment of NOTE filed 6-26-2003; operative 7-26-2003 (Register 2003, No.
						26).
Note: Authority cited: Section
						  143.2, Labor
						  Code; and Section
						  11400.20,
						  Government Code. Reference: Sections
						  143.2 and
						  6457, Labor
						  Code; and Section
						  11450.20,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.5 - Occupational Safety and Health Standards Board › Subchapter 1 - Rules of Procedure for Permanent Variances and Appeals from Temporary Variances › Article 4 - Hearings and Decisions › Section 422.1 - Confidential Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
					 exhibit or evidence that contains, or that might reveal, a trade secret as
					 defined in Civil Code Section
					 3426.1 shall be
					 considered confidential. The Board shall take such appropriate action that is
					 within its control to protect the confidentiality of trade secrets.
1.
						Amendment filed 7-19-82; effective thirtieth day thereafter (Register 82, No.
						30).
2. Change without regulatory effect pursuant to section
						100, title 1, California Code of
						Regulations amending subsections (a) and (b) filed 2-25-91; operative 3-27-91
						(Register 91, No. 14).
3. Amendment of section heading, repealer and
						new section and amendment of NOTE filed 6-26-2003; operative 7-26-2003
						(Register 2003, No. 26).
Note: Authority cited: Section
						  143.2, Labor
						  Code; and Section
						  6254(k),
						  Government Code. Reference: Sections
						  143.2 and
						  6457, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.5 - Occupational Safety and Health Standards Board › Subchapter 1 - Rules of Procedure for Permanent Variances and Appeals from Temporary Variances › Article 4 - Hearings and Decisions › Section 424 - Evidence Rules

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The hearing need not be conducted according to technical
						rules relating to evidence and witnesses. Any relevant evidence shall be
						admitted if it is the sort of evidence on which responsible persons are
						accustomed to rely in the conduct of serious affairs, regardless of the
						existence of any common law or statutory rule which might make improper the
						admission of such evidence over objection in civil actions. Hearsay evidence
						may be used for purpose of supplementing or explaining other evidence but shall
						not be sufficient in itself to support a finding unless it would be admissible
						over objection in civil actions. The rules of privilege shall be effective to
						the extent that they are otherwise required by statute to be recognized at the
						hearing, and irrelevant and unduly repetitious evidence shall be
						excluded.
1. New
						NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No.
						30).
Note: Authority cited: Section
						  143.2, Labor
						  Code. Reference: Sections
						  146 and
						  6457, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.5 - Occupational Safety and Health Standards Board › Subchapter 1 - Rules of Procedure for Permanent Variances and Appeals from Temporary Variances › Article 4 - Hearings and Decisions › Section 424.1 - Official Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
					 reaching a decision, official notice may be taken, either before or after
					 submission of the case for decision, of any generally accepted technical or
					 scientific matter within the field of occupational safety and health, and
					 determinations, rulings, orders, findings and decisions, required by law to be
					 made by the Division, the Appeals and the Standards Board.
(b) The Standards Board shall take official
					 notice of those matters set forth in Sections
					 451 and
					 452 of the
					 Evidence Code.
(c) Each party shall
					 be given reasonable opportunity to present information relevant to (1) the
					 propriety of taking official notice, and (2) the tenor of matters to be
					 noticed.
1.
						Amendment filed 7-19-82; effective thirtieth day thereafter (Register 82, No.
						30).
2. Editorial correction of printing error in subsection (a)
						(Register 94, No. 2).
3. Amendment of section heading and amendment
						of subsections (b) and (c) filed 6-26-2003; operative 7-26-2003 (Register 2003,
						No. 26).
Note: Authority cited: Section
						  143.2, Labor
						  Code. Reference: Sections
						  451 and
						  452,
						  Evidence Code; and Sections
						  143.2 and
						  6457, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.5 - Occupational Safety and Health Standards Board › Subchapter 1 - Rules of Procedure for Permanent Variances and Appeals from Temporary Variances › Article 4 - Hearings and Decisions › Section 424.2 - Continuance of Hearings and Further Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Standards Board may continue a
					 hearing to another time or place on its own motion or may order further hearing
					 on a matter at any time prior to the issuance of the Board's decision. Written
					 notice of the time and place of the continued hearing shall be in accordance
					 with Rule 411.2.
(b) Any party may
					 request a continuance or further hearing, but such requests are disfavored and
					 shall only be granted upon a clear showing of good cause. The parties are
					 expected to submit for decision all matters in controversy and all necessary
					 evidence at a single hearing.
1. New
						NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No.
						30).
2. Amendment filed 6-26-2003; operative 7-26-2003 (Register
						2003, No. 26).
Note: Authority cited: Section
						  143.2, Labor
						  Code. Reference: Sections
						  143.2 and
						  6457, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.5 - Occupational Safety and Health Standards Board › Subchapter 1 - Rules of Procedure for Permanent Variances and Appeals from Temporary Variances › Article 4 - Hearings and Decisions › Section 424.3 - Representation at Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Employers must attend the variance hearing, either in person or through a
					 representative. The representative does not need to be an
					 attorney-at-law.
(b) A
					 representative of a party shall be deemed to control all matters respecting the
					 interest of such party in the proceeding.
(c) Affected employees who are represented by
					 an authorized employee representative may appear through such authorized
					 employee representative.
(d)
					 Withdrawal of appearance of any representative may be effected by filing a
					 written notice of withdrawal with the Board.
(e) The Standards Board or hearing officer
					 may refuse to allow any person to represent a party in any hearing when such
					 person engages in unethical conduct or intentionally fails to observe the
					 provisions of the code, proper instructions or orders of the Standards Board or
					 these rules.
1. New
						NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No.
						30).
2. Amendment of subsections (a) and (d) filed 6-26-2003;
						operative 7-26-2003 (Register 2003, No. 26).
Note: Authority cited: Section
						  143.2, Labor
						  Code. Reference: Sections
						  143,
						  143.1,
						  143.2,
						  146 and
						  6457, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.5 - Occupational Safety and Health Standards Board › Subchapter 1 - Rules of Procedure for Permanent Variances and Appeals from Temporary Variances › Article 4 - Hearings and Decisions › Section 424.4 - Exclusion of Witnesses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon a demonstration of good cause by any party, the
						Standards Board, in its discretion, may exclude from the hearing room any
						witnesses not under examination at this time; but a party to the proceeding,
						and the party's counsel or representative cannot be excluded.
1. New
						NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No.
						30).
2. Change without regulatory effect pursuant to section
						100, title 1, California Code of
						Regulations amending subsection (b) filed 2-25-91; operative 3-27-91 (Register
						91, No. 14).
3. Editorial correction of printing error (Register 94,
						No. 2).
4. Amendment filed 6-26-2003; operative 7-26-2003 (Register
						2003, No. 26).
Note: Authority cited: Section
						  143.2, Labor
						  Code. Reference: Sections
						  143.2 and
						  6457, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.5 - Occupational Safety and Health Standards Board › Subchapter 1 - Rules of Procedure for Permanent Variances and Appeals from Temporary Variances › Article 4 - Hearings and Decisions › Section 424.5 - Oral Arguments and Briefs. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No.
						30).
2. Repealer filed 6-26-2003; operative 7-26-2003 (Register
						2003, No. 26).
Note: Authority cited: Section
						  143.2, Labor
						  Code. Reference: Sections
						  143.2 and
						  6457, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.5 - Occupational Safety and Health Standards Board › Subchapter 1 - Rules of Procedure for Permanent Variances and Appeals from Temporary Variances › Article 4 - Hearings and Decisions › Section 425 - Judicial Enforcement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 If any witness refuses to attend or testify or produce any papers required by a
					 subpoena issued by the Standards Board, any party may file with the board a
					 petition for judicial enforcement. The petition shall be verified and shall set
					 forth that due notice of time and place of attendance of the person or the
					 production of the papers has been given, that the person has been subpoenaed in
					 the manner prescribed by law or these rules and that he/she has failed and
					 refused to attend or produce the papers required by subpoena before the officer
					 in the case or proceeding named in the subpoena, or has refused to answer
					 questions propounded to him/her in the course of the hearing.
(b) If the Standards Board determines that
					 judicial enforcement is appropriate it will petition the superior court in the
					 county in which the hearing is pending for an order compelling the person to
					 attend and testify or produce the papers pursuant to Government Code Sections
					 11186
					 through
					 11188,
					 inclusive.
1. New
						NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No.
						30).
2. Change without regulatory effect pursuant to section
						100, title 1, California Code of
						Regulations amending subsection (a) filed 2-25-91; operative 3-27-91 (Register
						91, No. 14).
3. Editorial correction of printing errors in
						subsection (b) and HISTORY 1 (Register 94, No.
						2).
Note: Authority cited: Section
						  143.2, Labor
						  Code. Reference: Sections
						  143.2 and
						  6457, Labor
						  Code; and Sections
						  11186-
						  11188,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.5 - Occupational Safety and Health Standards Board › Subchapter 1 - Rules of Procedure for Permanent Variances and Appeals from Temporary Variances › Article 4 - Hearings and Decisions › Section 425.1 - Witness Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Witnesses subpoenaed for any hearing are entitled to fees
						and mileage as set forth in Sections
						11450.40
						and
						68093 of
						the Government Code.
1. New
						NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No.
						30).
2. Amendment of section and NOTE filed 6-26-2003; operative
						7-26-2003 (Register 2003, No. 26).
Note: Authority cited: Section
						  143.2, Labor
						  Code; and Section
						  11400.20,
						  Government Code. Reference: Sections
						  143.2 and
						  6457, Labor
						  Code; and Sections
						  11450.40
						  and
						  68093,
						  Government Code.