California Labor Code 6300-6719

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6300.  The California Occupational Safety and Health Act of 1973 is
hereby enacted for the purpose of assuring safe and healthful working
conditions for all California working men and women by authorizing
the enforcement of effective standards, assisting and encouraging
employers to maintain safe and healthful working conditions, and by
providing for research, information, education, training, and
enforcement in the field of occupational safety and health.



6301.  The definitions set forth in this chapter shall govern the
construction and interpretation of this part.



6302.  As used in this division:
   (a) "Director" means the Director of Industrial Relations.
   (b) "Department" means the Department of Industrial Relations.
   (c) "Insurer" includes the State Compensation Insurance Fund and
any private company, corporation, mutual association, and reciprocal
or interinsurance exchange, authorized under the laws of this state
to insure employers against liability for compensation under this
part and under Division 4 (commencing with Section 3201), and any
employer to whom a certificate of consent to self-insure has been
issued.
   (d) "Division" means the Division of Occupational Safety and
Health.
   (e) "Standards board" means the Occupational Safety and Health
Standards Board, within the department.
   (f) "Appeals board" means the Occupational Safety and Health
Appeals Board, within the department.
   (g) "Aquaculture" means a form of agriculture as defined in
Section 17 of the Fish and Game Code.
   (h) "Serious injury or illness" means any injury or illness
occurring in a place of employment or in connection with any
employment which requires inpatient hospitalization for a period in
excess of 24 hours for other than medical observation or in which an
employee suffers a loss of any member of the body or suffers any
serious degree of permanent disfigurement, but does not include any
injury or illness or death caused by the commission of a Penal Code
violation, except the violation of Section 385 of the Penal Code, or
an accident on a public street or highway.
   (i) "Serious exposure" means any exposure of an employee to a
hazardous substance when the exposure occurs as a result of an
incident, accident, emergency, or exposure over time and is in a
degree or amount sufficient to create a substantial probability that
death or serious physical harm in the future could result from the
exposure.



6303.  (a) "Place of employment" means any place, and the premises
appurtenant thereto, where employment is carried on, except a place
where the health and safety jurisdiction is vested by law in, and
actively exercised by, any state or federal agency other than the
division.
   (b) "Employment" includes the carrying on of any trade,
enterprise, project, industry, business, occupation, or work,
including all excavation, demolition, and construction work, or any
process or operation in any way related thereto, in which any person
is engaged or permitted to work for hire, except household domestic
service.
   (c) "Employment," for purposes of this division only, also
includes volunteer firefighting when covered by Division 4
(commencing with Section 3200) pursuant to Section 3361.
   (d) Subdivision (c) shall become operative on January 1, 2004.



6303.5.  Nothing in this division shall be construed to limit the
jurisdiction of the state over any employmment or place of employment
by reason of the exercise of occupational safety and health
jurisdiction by any federal agency if federal jurisdiction is being
exercised under a federal law which expressly authorizes concurrent
state jurisdiction over occupational safety or health issues.



6304.  "Employer" shall have the same meaning as in Section 3300.



6304.1.  (a) "Employee" means every person who is required or
directed by any employer to engage in any employment or to go to work
or be at any time in any place of employment.
   (b) "Employee" also includes volunteer firefighters covered by
Division 4 (commencing with Section 3200) pursuant to Section 3361.
   (c) Subdivision (b) shall become operative on January 1, 2004.
   (d) This act does not affect claims that arose pursuant to
Division 5 of this code between January 1, 2002, and the effective
date of this act.



6304.2.  Notwithstanding Section 6413, and except as provided in
Sections 6304. 3 and 6304.4, any state prisoner engaged in
correctional industry, as defined by the Department of Corrections,
shall be deemed to be an "employee," and the Department of
Corrections shall be deemed to be an "employer," with regard to such
prisoners for the purposes of this part.



6304.3.  (a) A Correctional Industry Safety Committee shall be
established in accordance with Department of Corrections
administrative procedures at each facility maintaining a correctional
industry, as defined by the Department of Corrections. The Division
of Occupational Safety and Health shall promulgate, and the
Department of Corrections shall implement, regulations concerning the
duties and functions which shall govern the operation of each such
committee.
   (b) All complaints alleging unsafe or unhealthy working conditions
in a correctional industry shall initially be directed to the
Correctional Industry Safety Committee of the facility prison. The
committee shall attempt to resolve all complaints.
   If a complaint is not resolved by the committee within 15 calendar
days, the complaint shall be referred by the committee to the
division where it shall be reviewed. When the division receives a
complaint which, in its determination, constitutes a bona fide
allegation of a safety or health violation, the division shall
summarily investigate the same as soon as possible, but not later
than three working days after receipt of a complaint charging a
serious violation, as defined in Section 6309, and not later than 14
calendar days after receipt of a complaint charging a nonserious
violation.
   (c) Except as provided in subdivision (b) and in Section 6313, the
inspection or investigation of a facility maintaining a correctional
industry, as defined by the Department of Corrections, shall be
discretionary with the division.
   (d) Notwithstanding Section 6321, the division may give advance
notice of an inspection or investigation and may postpone the same if
such action is necessary for the maintenance of security at the
facility where the inspection or investigation is to be held, or for
insuring the safety and health of the division's representative who
will be conducting such inspection or investigation.



6304.4.  A prisoner engaged in correctional industry, as defined by
the Department of Corrections, shall not be considered an employee
for purposes of the provisions relating to appeal proceedings set
forth in Chapter 7 (commencing with Section 6600).




6304.5.  It is the intent of the Legislature that the provisions of
this division, and the occupational safety and health standards and
orders promulgated under this code, are applicable to proceedings
against employers for the exclusive purpose of maintaining and
enforcing employee safety.
   Neither the issuance of, or failure to issue, a citation by the
division shall have any application to, nor be considered in, nor be
admissible into, evidence in any personal injury or wrongful death
action, except as between an employee and his or her own employer.
Sections 452 and 669 of the Evidence Code shall apply to this
division and to occupational safety and health standards adopted
under this division in the same manner as any other statute,
ordinance, or regulation. The testimony of employees of the division
shall not be admissible as expert opinion or with respect to the
application of occupational safety and health standards. It is the
intent of the Legislature that the amendments to this section enacted
in the 1999-2000 Regular Session shall not abrogate the holding in
Brock v. State of California (1978) 8l Cal.App.3d 752.



6305.  (a) "Occupational safety and health standards and orders"
means standards and orders adopted by the standards board pursuant to
Chapter 6 (commencing with Section 140) of Division 1 and general
orders heretofore adopted by the Industrial Safety Board or the
Industrial Accident Commission.
   (b) "Special order" means any order written by the chief or the
chief's authorized representative to correct an unsafe condition,
device, or place of employment which poses a threat to the health or
safety of an employee and which cannot be made safe under existing
standards or orders of the standards board. These orders shall have
the same effect as any other standard or order of the standards
board, but shall apply only to the employment or place of employment
described in the written order of the chief's authorized
representative.



6306.  (a) "Safe," "safety," and "health" as applied to an
employment or a place of employment mean such freedom from danger to
the life, safety, or health of employees as the nature of the
employment reasonably permits.
   (b) "Safety device" and "safeguard" shall be given a broad
interpretation so as to include any practicable method of mitigating
or preventing a specific danger, including the danger of exposure to
potentially injurious levels of ionizing radiation or potentially
injurious quantities of radioactive materials.



6307.  The division has the power, jurisdiction, and supervision
over every employment and place of employment in this state, which is
necessary adequately to enforce and administer all laws and lawful
standards and orders, or special orders requiring such employment and
place of employment to be safe, and requiring the protection of the
life, safety, and health of every employee in such employment or
place of employment.



6307.1.  The State Department of Health Services shall assist the
division in the enforcement of Section 25910 of the Health and Safety
Code in the manner prescribed by a written agreement between the
State Department of Health Services and the Department of Industrial
Relations, pursuant to Section 144.



6308.  The division, in enforcing occupational safety and health
standards and orders and special orders may do any of the following:
   (a) Declare and prescribe what safety devices, safeguards, or
other means or methods of protection are well adapted to render the
employees of every employment and place of employment safe as
required by law or lawful order.
   (b) Enforce Section 25910 of the Health and Safety Code and
standards and orders adopted by the standards board pursuant to
Chapter 6 (commencing with Section 140) of Division 1 of the Labor
Code, for the installation, use, maintenance, and operation of
reasonable uniform safety devices, safeguards, and other means or
methods of protection, which are necessary to carry out all laws and
lawful standards or special orders relative to the protection of the
life and safety of employees in employments and places of employment.
   (c) Require the performance of any other act which the protection
of the life and safety of the employees in employments and places of
employment reasonably demands.
   An employer may request a hearing on a special order or action
ordered pursuant to this section, at which the employer, owner, or
any other person may appear. The appeals board shall conduct the
hearing at the earliest possible time.
   All orders, rules, regulations, findings, and decisions of the
division made or entered under this part, except special orders and
action orders, may be reviewed by the Supreme Court and the courts of
appeal as may be provided by law.



6308.5.  Hearings conducted by the division pursuant to this part
shall give any affected employer or other affected person the
opportunity to submit facts or arguments, but may be conducted
informally, either orally or in writing.


6309.  If the division learns or has reason to believe that an
employment or place of employment is not safe or is injurious to the
welfare of an employee, it may, on its own motion, or upon complaint,
summarily investigate the same with or without notice or hearings.
However, if the division receives a complaint from an employee, an
employee's representative, including, but not limited to, an
attorney, health or safety professional, union representative, or
government agency representative, or an employer of an employee
directly involved in an unsafe place of employment, that his or her
employment or place of employment is not safe, it shall, with or
without notice or hearing, summarily investigate the complaint as
soon as possible, but not later than three working days after receipt
of a complaint charging a serious violation, and not later than 14
calendar days after receipt of a complaint charging a nonserious
violation. The division shall attempt to determine the period of time
in the future that the complainant believes the unsafe condition may
continue to exist, and shall allocate inspection resources so as to
respond first to those situations in which time is of the essence.
For purposes of this section, a complaint is deemed to allege a
serious violation if the division determines that the complaint
charges that there is a substantial probability that death or serious
physical harm could result from a condition which exists, or from
one or more practices, means, methods, operations, or processes which
have been adopted or are in use in a place of employment. When a
complaint charging a serious violation is received from a state or
local prosecutor, or a local law enforcement agency, the division
shall summarily investigate the employment or place of employment
within 24 hours of receipt of the complaint. All other complaints are
deemed to allege nonserious violations. The division may enter and
serve any necessary order relative thereto. The division is not
required to respond to a complaint within this period where, from the
facts stated in the complaint, it determines that the complaint is
intended to willfully harass an employer or is without any reasonable
basis.
   The division shall keep complete and accurate records of all
complaints, whether verbal or written, and shall inform the
complainant, whenever his or her identity is known, of any action
taken by the division in regard to the subject matter of the
complaint, and the reasons for the action, within 14 calendar days of
taking any action. The records of the division shall include the
dates on which any action was taken on the complaint, or the reasons
for not taking any action on the complaint. The division shall,
pursuant to authorized regulations, conduct an informal review of any
refusal by a representative of the division to issue a citation with
respect to an alleged violation. The division shall furnish the
employee or the representative of employees requesting the review a
written statement of the reasons for the division's final disposition
of the case.
   The name of a person who submits to the division a complaint
regarding the unsafe condition of an employment or place of
employment shall be kept confidential by the division, unless that
person requests otherwise.
   The division shall annually compile and release on its Web site
data pertaining to complaints received and citations issued.
   The requirements of this section do not relieve the division of
its requirement to inspect and assure that all places of employment
are safe and healthful for employees. The division shall maintain the
capability to receive and act upon complaints at all times.




6310.  (a) No person shall discharge or in any manner discriminate
against any employee because the employee has done any of the
following:
   (1) Made any oral or written complaint to the division, other
governmental agencies having statutory responsibility for or
assisting the division with reference to employee safety or health,
his or her employer, or his or her representative.
   (2) Instituted or caused to be instituted any proceeding under or
relating to his or her rights or has testified or is about to testify
in the proceeding or because of the exercise by the employee on
behalf of himself, herself, or others of any rights afforded him or
her.
   (3) Participated in an occupational health and safety committee
established pursuant to Section 6401.7.
   (b) Any employee who is discharged, threatened with discharge,
demoted, suspended, or in any other manner discriminated against in
the terms and conditions of employment by his or her employer because
the employee has made a bona fide oral or written complaint to the
division, other governmental agencies having statutory responsibility
for or assisting the division with reference to employee safety or
health, his or her employer, or his or her representative, of unsafe
working conditions, or work practices, in his or her employment or
place of employment, or has participated in an employer-employee
occupational health and safety committee, shall be entitled to
reinstatement and reimbursement for lost wages and work benefits
caused by the acts of the employer. Any employer who willfully
refuses to rehire, promote, or otherwise restore an employee or
former employee who has been determined to be eligible for rehiring
or promotion by a grievance procedure, arbitration, or hearing
authorized by law, is guilty of a misdemeanor.



6311.  No employee shall be laid off or discharged for refusing to
perform work in the performance of which this code, including Section
6400, any occupational safety or health standard or any safety order
of the division or standards board will be violated, where the
violation would create a real and apparent hazard to the employee or
his or her fellow employees. Any employee who is laid off or
discharged in violation of this section or is otherwise not paid
because he or she refused to perform work in the performance of which
this code, any occupational safety or health standard or any safety
order of the division or standards board will be violated and where
the violation would create a real and apparent hazard to the employee
or his or her fellow employees shall have a right of action for
wages for the time the employee is without work as a result of the
layoff or discharge.



6312.  Any employee who believes that he or she has been discharged
or otherwise discriminated against by any person in violation of
Section 6310 or 6311 may file a complaint with the Labor Commissioner
pursuant to Section 98.7.


6313.  (a) The division shall investigate the causes of any
employment accident that is fatal to one or more employees or that
results in a serious injury or illness, or a serious exposure, unless
it determines that an investigation is unnecessary. If the division
determines that an investigation of an accident is unnecessary, it
shall summarize the facts indicating that the accident need not be
investigated and the means by which the facts were determined. The
division shall establish guidelines for determining the circumstances
under which an investigation of these accidents and exposures is
unnecessary.
   (b) The division may investigate the causes of any other
industrial accident or occupational illness which occurs within the
state in any employment or place of employment, or which directly or
indirectly arises from or is connected with the maintenance or
operation of the employment or place of employment, and shall issue
any orders necessary to eliminate the causes and to prevent
reoccurrence. The orders may not be admitted as evidence in any
action for damages, or any proceeding to recover compensation, based
on or arising out of injury or death caused by the accident or
illness.



6313.5.  The division shall transmit to the Registrar of Contractors
copies of any reports made in any investigation conducted pursuant
to subdivision (a) of Section 6313, and may, upon its own motion or
at the request of the Registrar of Contractors, transmit copies of
any other reports made in any investigation conducted pursuant to
subdivision (b) of Section 6313 involving a contractor licensed
pursuant to the Contractors License Law (Chapter 9 (commencing with
Section 7000) of Divison 3 of the Business and Professions Code).



6314.  (a) To make an investigation or inspection, the chief of the
division and all qualified divisional inspectors and investigators
authorized by him or her shall, upon presenting appropriate
credentials to the employer, have free access to any place of
employment to investigate and inspect during regular working hours,
and at other reasonable times when necessary for the protection of
safety and health, and within reasonable limits and in a reasonable
manner. The chief or his or her authorized representative may, during
the course of any investigation or inspection, obtain any
statistics, information, or any physical materials in the possession
of the employer that are directly related to the purpose of the
investigation or inspection, conduct any tests necessary to the
investigation or inspection, and take photographs. Photographs taken
by the division during the course of any investigation or inspection
shall be considered to be confidential information pursuant to the
provisions of Section 6322, and shall not be deemed to be public
records for purposes of the California Public Records Act.
   (b) If permission to investigate or inspect the place of
employment is refused, or the facts or circumstances reasonably
justify the failure to seek permission, the chief or his or her
authorized representative may obtain an inspection warrant pursuant
to the provisions of Title 13 (commencing with Section 1822.50) of
the Code of Civil Procedure. Cause for the issuance of a warrant
shall be deemed to exist if there has been an industrial accident,
injury, or illness reported, if any complaint that violations of
occupational safety and health standards exist at the place of
employment has been received by the division, or if the place of
employment to be inspected has been chosen on the basis of specific
neutral criteria contained in a general administrative plan for the
enforcement of this division.
   (c) The chief and his or her authorized representatives may issue
subpoenas to compel the attendance of witnesses and the production of
books, papers, records, and physical materials, administer oaths,
examine witnesses under oath, take verification or proof of written
materials, and take depositions and affidavits for the purpose of
carrying out the duties of the division.
   (d) In the course of any investigation or inspection of an
employer or place of employment by an authorized representative of
the division, a representative of the employer and a representative
authorized by his or her employees shall have an opportunity to
accompany him or her on the tour of inspection. Any employee or
employer, or their authorized representatives, shall have the right
to discuss safety and health violations or safety and health problems
with the inspector privately during the course of an investigation
or inspection. Where there is no authorized employee representative,
the chief or his or her authorized representatives shall consult with
a reasonable number of employees concerning matters of health and
safety of the place of employment.
   (e) During any investigation of an industrial accident or
occupational illness conducted by the division pursuant to the
provisions of Section 6313, the chief or his or her authorized
representative may issue an order to preserve physical materials or
the accident site as they were at the time the accident or illness
occurred if, in the opinion of the division, it is necessary to do so
in order to determine the cause or causes of the accident or
illness, and the evidence is in potential danger of being removed,
altered, or tampered with. Under these circumstances, the division
shall issue that order in a manner that will avoid, to the extent
possible, any interference with normal business operations.
   A conspicuous notice that an order has been issued shall be
prepared by the division and shall be posted by the employer in the
area or on the article to be preserved. The order shall be limited to
the immediate area and the machines, devices, apparatus, or
equipment directly associated with the accident or illness.
   Any person who knowingly violates an order issued by the division
pursuant to this subdivision shall, upon conviction, be punished by a
fine of not more than five thousand dollars ($5,000).



6314.1.  (a) The division shall establish a program for targeting
employers in high hazardous industries with the highest incidence of
preventable occupational injuries and illnesses and workers'
compensation losses. The employers shall be identified from any or
all of the following data sources: the California Work Injury and
Illness program, the Occupational Injuries and Illness Survey, the
federal hazardous employers' list, experience modification and other
relevant data maintained and furnished by all rating organizations as
defined in Section 11750.1 of the Insurance Code, histories of
violations of Occupational Safety and Health Act standards, and any
other source deemed to be appropriate that identifies injury and
illness rates.
   (b) The division shall establish procedures for ensuring that the
highest hazardous employers in the most hazardous industries are
inspected on a priority basis. The division may send a letter to the
high hazard employers who are identified pursuant to this section
informing them of their status and directing them to submit a plan,
including the establishment of joint labor-management health and
safety committees, within a time determined by the division for
reducing their occupational injury and illness rates. Employers who
submit plans that meet the requirements of the division may be placed
on a secondary inspection schedule. Employers on that schedule shall
be inspected on a random basis as determined by the division.
Employers who do not submit plans meeting the requirements of the
division within the time specified by the division shall be placed on
the primary inspection list. Every employer on the primary
inspection list shall be subject to an inspection. The division shall
employ sufficient personnel to meet minimum federal targeted
inspection standards.
   (c) The division shall establish and maintain regional plans for
allocating the division's resources for the targeted inspection
program in addition to the inspections required or authorized in
Sections 6309, 6313, and 6320. Each regional plan shall focus on
industries selected from the targeted inspection program as well as
any other scheduled inspections that the division determines to be
appropriate to the region, including the cleanup of hazardous waste
sites. All targeted inspections shall be conducted on a priority
basis, targeting the worst employers first.
   (d) In order to maximize the impact of the regional plans, the
division shall coordinate its education, training, and consulting
services with the priorities established in the regional plans.



6314.5.  (a) Every inspection conducted by the division shall
include an evaluation of the employer's injury prevention program
established pursuant to Section 6401.7. The division shall evaluate
injury prevention programs using the criteria for substantial
compliance determined by the standards board. The evaluation shall
include interviews with a sample of employees and the members of any
employer-employee occupational safety and health committee. In any
inspection which includes work for which a permit is required
pursuant to Section 6500 and for which a permit has been issued
pursuant to Section 6502, the evaluation of the employer's injury
prevention program shall be limited to the implementation of the plan
approved by the division in the issuance of the permit. Before any
inspection is concluded, the division shall notify the employer of
the services available from the department to assist the employer to
establish, maintain, improve, and evaluate the employer's injury
prevention program.
   (b) Inspections also shall include an evaluation of the following:
   (1) The condition or conditions alleged in the complaint if the
inspection is conducted pursuant to Section 6309.
   (2) The condition or conditions involved in the accident if the
inspection is conducted pursuant to Section 6313.
   (3) The condition or conditions involving work for which a permit
is required pursuant to Section 6500, for which notification of
asbestos related work is required pursuant to Section 6501.5, or for
which a report of use of a carcinogen is required pursuant to Section
9030.
   (4)  The condition or conditions related to significant safety or
health hazards in the industries identified in the regional plans
developed pursuant to Section 6314.1.
   (5) The condition or conditions involved in abatement of previous
violations, special orders, or action orders if the inspection is
conducted pursuant to Section 6320.
   (c) The scope of any inspection may be expanded beyond the
evaluations specified in subdivisions (a) and (b) whenever, in the
opinion of the division, a more complete inspection is warranted.



6315.  (a) There is within the division a Bureau of Investigations.
The bureau is responsible for directing accident investigations
involving violations of standards, orders, special orders, or Section
25910 of the Health and Safety Code, in which there is a serious
injury to five or more employees, death, or request for prosecution
by a division representative. The bureau shall review inspection
reports involving a serious violation where there have been serious
injuries to one to four employees or a serious exposure, and may
investigate those cases in which the bureau finds criminal violations
may have occurred. The bureau is responsible for preparing cases for
the purpose of prosecution, including evidence and findings.
   (b) The division shall provide the bureau with all of the
following:
   (1) All initial accident reports.
   (2) The division's inspection report for any inspection involving
a serious violation where there is a fatality, and the reports
necessary for the bureau's review required pursuant to subdivision
(a).
   (3) Any other documents in the possession of the division
requested by the bureau for its review or investigation of any case
or which the division determines will be helpful to the bureau in its
investigation of the case.
   (c) The supervisor of the bureau is the administrative chief of
the bureau, and shall be an attorney.
   (d) The bureau shall be staffed by as many attorneys and
investigators as are necessary to carry out the purposes of this
chapter. To the extent possible, the attorneys and investigators
shall be experienced in criminal law.
   (e) The supervisor of the bureau and bureau representatives
designated by the supervisor have a right of access to all places of
employment necessary to the investigation, may collect any evidence
or samples they deem necessary to an investigation, and have all of
the powers enumerated in Section 6314.
   (f) The supervisor of the bureau and bureau representatives
designated by the supervisor may serve all processes and notices
throughout the state.
   (g) In any case where the bureau is required to conduct an
investigation, and in which there is a serious injury or death, the
results of the investigation shall be referred in a timely manner by
the bureau to the appropriate prosecuting authority having
jurisdiction for appropriate action, unless the bureau determines
that there is legally insufficient evidence of a violation of the
law. If the bureau determines that there is legally insufficient
evidence of a violation of the law, the bureau shall notify the
appropriate prosecuting authority, if the prosecuting authority
requests notice.
   (h) The bureau may communicate with the appropriate prosecuting
authority at any time the bureau deems appropriate.
   (i) Upon the request of a county district attorney, the department
may develop a protocol for the referral of cases that may involve
criminal conduct to the appropriate prosecuting authority in lieu of
or in cooperation with an investigation by the bureau. The protocol
shall provide for the voluntary acceptance of referrals after a
review of the case by the prosecuting authority. In cases accepted
for investigation by the prosecuting authority, the protocol shall
provide for cooperation between the prosecuting authority, the
division, and the bureau. Where a referral is declined by the
prosecuting authority, the bureau shall comply with subdivisions (a)
to (h), inclusive.



6315.3.  The bureau shall, not later than February 15, annually
submit to the division for submission to the director a report on the
activities of the bureau, including, but not limited to, the
following:
   (a) Totals of each type of report provided the bureau under each
category in subdivision (b) of Section 6315.
   (b) Totals of each type of case reflecting the number of
investigations and court cases in progress at the start of the
calendar year being reported, investigations completed in the
calendar year, cases referred to appropriate prosecuting authorities
in the calendar year, and investigations and court cases in progress
at the end of the calendar year. The types of cases shall include the
following:
   (1) Those that the bureau is required to investigate, divided into
fatalities, serious injuries to five or more employees, and requests
for prosecution from a division representative.
   (2) Those that were initiated by the bureau following the review
required in subdivision (a) of Section 6315, divided into serious
injuries to fewer than five employees and serious exposures.
   (c) A summary of the dispositions in the calendar year of cases
referred by the bureau to appropriate prosecuting authorities. The
summary shall be divided into the types of cases, as described in
subdivision (b), and shall show at least the violation, the statute
for which the case was referred for prosecution, and the dates of
referral to the bureau for investigation, referral from the bureau
for prosecution, and the final court action if the case was
prosecuted.
   (d) A summary of investigations completed in the calendar year
that did not result in a referral for prosecution, divided into the
types of cases as described in subdivision (b), showing the violation
and the reasons for nonreferral.
   (e) A summary of the use of the bureau's resources in
accomplishing the bureau's mission.


6315.5.  All occupational safety and health standards and orders,
rules, regulations, findings, and decisions of the division made and
entered pursuant to this part are admissible as evidence in any
prosecution for the violation of any provision of this part, and
shall, in every such prosecution, be presumed to be reasonable and
lawful and to fix a reasonable and proper standard and requirement of
safety unless, prior to the institution of the prosecution for such
violation, proceedings for a hearing on a special order are
instituted, or a petition is filed under Section 11426 of the
Government Code.


6316.  Except as limited by Chapter 6 (commencing with Section 140)
of Division 1, nothing in this part shall deprive the governing body
of any county, city, or public corporation, board, or department, of
any power or jurisdiction over or relative to any place of
employment.



6317.  If, upon inspection or investigation, the division believes
that an employer has violated Section 25910 of the Health and Safety
Code or any standard, rule, order, or regulation established pursuant
to Chapter 6 (commencing with Section 140) of Division 1 of the
Labor Code, or any standard, rule, order, or regulation established
pursuant to this part, it shall with reasonable promptness issue a
citation to the employer. Each citation shall be in writing and shall
describe with particularity the nature of the violation, including a
reference to the provision of the code, standard, rule, regulation,
or order alleged to have been violated. In addition, the citation
shall fix a reasonable time for the abatement of the alleged
violation. The period specified for abatement shall not commence
running until the date the citation or notice is received by
certified mail and the certified mail receipt is signed, or if not
signed, the date the return is made to the post office. If the
division officially and directly delivers the citation or notice to
the employer, the period specified for abatement shall commence
running on the date of the delivery.
   A "notice" in lieu of citation may be issued with respect to
violations found in an inspection or investigation which meet either
of the following requirements:
   (1) The violations do not have a direct relationship upon the
health or safety of an employee.
   (2) The violations do not have an immediate relationship to the
health or safety of an employee, and are of a general or regulatory
nature. A notice in lieu of a citation may be issued only if the
employer agrees to correct the violations within a reasonable time,
as specified by the division, and agrees not to appeal the finding of
the division that the violations exist. A notice issued pursuant to
this paragraph shall have the same effect as a citation for purposes
of establishing repeat violations or a failure to abate. Every notice
shall clearly state the abatement period specified by the division,
that the notice may not be appealed, and that the notice has the same
effect as a citation for purposes of establishing a repeated
violation or a failure to abate. The employer shall indicate
agreement to the provisions and conditions of the notice by his or
her signature on the notice.
   Under no circumstances shall a notice be issued in lieu of a
citation if the violations are serious, repeated, willful, or arise
from a failure to abate.
   The director shall prescribe guidelines for the issuance of these
notices.
   The division may impose a civil penalty against an employer as
specified in Chapter 4 (commencing with Section 6423) of this part. A
notice in lieu of a citation may not be issued if the number of
first instance violations found in the inspection (other than
serious, willful, or repeated violations) is 10 or more violations.
   No citation or notice shall be issued by the division for a given
violation or violations after six months have elapsed since
occurrence of the violation.
   The director shall prescribe procedures for the issuance of a
citation or notice.
   The division shall prepare and maintain records capable of
supplying an inspector with previous citations and notices issued to
an employer.


6317.5.  (a) If, upon inspection or investigation, the division
finds that an employer has falsified any materials posted in the
workplace or distributed to employees related to the California
Occupational Safety and Health Act, the division shall issue a
citation to the employer.
   (b) Each citation issued pursuant to this section, or a copy or
copies thereof, shall be prominently posted, as prescribed in
regulations issued by the director.
   (c) Any employer served with a citation pursuant to subdivision
(a) may appeal to the appeals board pursuant to the provisions of
Chapter 7 (commencing with Section 6600). The appeal shall be subject
to the timeframes and procedures set forth in that chapter.
   (d) The provisions of this section are in addition to, and not in
lieu of, all other criminal penalties and civil remedies that may be
applicable to any act leading to issuance of a citation pursuant to
this section.


6317.7.  If, upon inspection or investigation, the division finds no
violations pursuant to this chapter, the division with reasonable
promptness shall issue a written notice to the employer specifying
the areas inspected and stating that no violations were found.
   The director shall prescribe procedures for the issuance of this
notice.



6318.  (a) Each citation issued under Section 6317, and each special
order or action ordered pursuant to Section 6308, or a copy or
copies thereof, shall be prominently posted, as prescribed in
regulations issued by the director, at or near each place a violation
referred to in the citation or order occurred. All postings shall be
maintained for three working days, or until the unsafe condition is
abated, whichever is longer. Following each investigation of an
industrial accident or occupational illness, if no violations are
found, the employer shall post a notice prepared by the division so
indicating for three working days.
   (b) When the division verifies abatement of a serious violation or
an order at the time of inspection or upon reinspection, the
employer shall post a notice prepared by the division so indicating
for three working days. In all other cases of abatement of serious
violations, the employer shall post the signed statement confirming
abatement prepared pursuant to Section 6320.



6319.  (a) If, after an inspection or investigation, the division
issues a citation pursuant to Section 6317 or an order pursuant to
Section 6308, it shall, within a reasonable time after the
termination of the inspection or investigation, notify the employer
by certified mail of the citation or order, and that the employer has
15 working days from receipt of the notice within which to notify
the appeals board that he or she wishes to contest the citation or
order for any reason set forth in Section 6600 or 6600.5.
   (b) Any employer served by certified mail with a notice of civil
penalty may appeal to the appeals board within 15 working days from
receipt of that notice for any reason set forth in Section 6600. If
the citation is issued for a violation involving the condition or
operation of any machine, device, apparatus, or equipment, and a
person other than the employer is obligated to the employer to repair
the machine, device, apparatus, or equipment and to pay any
penalties assessed against the employer, the other person may appeal
to the appeals board within 15 working days of the receipt of the
citation by the employer for any reasons set forth in Section 6600.
   (c) The director shall promulgate regulations covering the
assessment of civil penalties under this chapter which give due
consideration to the appropriateness of the penalty with respect to
the following factors:
   (1) The size of the business of the employer being charged.
   (2) The gravity of the violation.
   (3) The good faith of the employer, including timely abatement.
   (4) The history of previous violations.
   (d) Notwithstanding subdivision (c), if serious injury, illness,
exposure, or death is caused by any serious, willful, or repeated
violation, or by any failure to correct a serious violation within
the time permitted for its correction, the penalty shall not be
reduced for any reason other than the size of the business of the
employer being charged. Whenever the division issues a citation for a
violation covered by this subdivision, it shall notify the employer
of its determination that serious injury, illness, exposure or death
was caused by the violation and shall, upon request, provide the
employer with a copy of the inspection report.
   (e) The employer shall not be liable for a civil penalty under
this part for any citation issued by a division representative
providing consulting services pursuant to Sections 6354 and 6355.
   (f) Whenever a citation of a self-insured employer for a willful,
or repeat serious violation of the standard adopted pursuant to
Section 6401.7 becomes final, the division shall notify the director
so that a hearing may be held to determine whether good cause exists
to revoke the employer's certificate of consent to self-insure as
provided in Section 3702.
   (g) Based upon the evidence, the division may propose appropriate
modifications concerning the characterization of violations and
corresponding modifications to civil penalties as a result thereof.



6319.3.  (a) Except as provided in subdivision (b) of this section
and subdivision (j) of Section 6401.7, no civil penalty shall be
assessed against any new employer in the state for a violation of any
standard developed pursuant to subdivision (a) of Section 6401.7 for
a period of one year after the date the new employer establishes a
business in the state.
   (b) Subdivision (a) shall only apply to an employer who has made a
good faith effort to comply with any standard developed pursuant to
subdivision (a) of Section 6401.7, but shall not apply if the
employer is found to have committed a serious, willful, or repeated
violation of that standard, or fails to abate the violation and is
assessed a penalty pursuant to Section 6430.



6319.5.  Upon a showing by an employer of a good-faith effort to
comply with the abatement requirement of a citation, and that
abatement has not been completed because of factors beyond his
reasonable control, the division, after an opportunity for a hearing,
shall issue an order affirming or modifying the abatement
requirements in such citation.



6320.  (a) If, after inspection or investigation, the division
issues a special order, order to take special action, or a citation
for a serious violation, and if at the time of inspection the order
is not complied with or the violation is not abated, the division
shall conduct a reinspection in the following cases:
   (1) All inspections or investigations involving a serious
violation of a standard adopted pursuant to Section 6401.7, a special
order or order to take special action, serious violations of those
orders, and serious violations characterized as repeat or willful or
with abatement periods of less than six days. These reinspections
shall be conducted at the end of the period fixed for compliance with
the order or abatement of the violation or within 30 days
thereafter.
   (2) At least 20 percent of the inspections or investigations
involving a serious violation not otherwise scheduled for
reinspection. These inspections shall be randomly selected and shall
be conducted at the end of the period fixed for abatement of the
violation or within a reasonable time thereafter.
   (b) Whenever a serious violation is not abated at the time of the
initial or subsequent inspection, the division shall require the
employer to submit a signed statement under penalty of perjury that
he or she has complied with the abatement terms within the period
fixed for abatement of the violation. If the statement is not
received by the division within 10 working days after the end of the
period fixed for abatement, the division shall revoke any adjustments
to the civil penalty based on abatement of the violation. The
division shall include on the initial notice of civil penalty a clear
warning of reinspection and automatic revocation of any civil
penalty adjustments based on abatement for failure to submit the
required statement in the time allotted, and of an additional,
potentially substantial monetary penalty for failure to abate the
violation. If the division fails to receive evidence of abatement or
the statement within 10 working days after the end of the abatement
period, the division shall notify the employer that the additional
civil penalty for failure to abate, as provided in Section 6430, will
be assessed retroactive to the end of the abatement period unless
the employer can provide sufficient evidence that the violation was
abated prior to that date. The division shall conduct a reinspection
of serious violations within 45 days following the end of the
abatement period whenever it still has no evidence of abatement.



6321.  No person or employer shall be given advance warning of an
inspection or investigation by any authorized representative of the
division unless authorized under provisions of this part.
   Only the chief or, in the case of his absence, his authorized
representatives shall have the authority to permit advance notice of
an inspection or investigation. The director shall, as soon as
practicable, set down limitations under which an employer may be
granted advance notice by the chief. In no case, except an imminent
danger to the health or safety of an employee or employees, is
advance notice to be authorized when the investigation or inspection
is to be made as a result of an employee complaint.
   Any person who gives advance notice of any inspection to be
conducted, without authority from the chief or his designees, is
guilty of a misdemeanor and shall, upon conviction, be punished by a
fine of not more than one thousand dollars ($1,000) or by
imprisonment for not more than six months, or by both.



6322.  All information reported to or otherwise obtained by the
chief or his representatives in connection with any inspection or
proceeding of the division which contains or which might reveal a
trade secret referred to in Section 1905 of Title 18 of the United
States Code, or other information that is confidential pursuant to
Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code, shall be considered confidential, except that
such information may be disclosed to other officers or employees of
the division concerned with carrying out the purposes of the division
or when relevant in any proceeding of the division. The appeals
board, standards board, the courts, or the director shall in any such
proceeding issue such orders as may be appropriate to protect the
confidentiality of trade secrets. Violation of this section is a
misdemeanor.



6323.  If the condition of any employment or place of employment or
the operation of any machine, device, apparatus, or equipment
constitutes a serious menace to the lives or safety of persons about
it, the division may apply to the superior court of the county in
which such place of employment, machine, device, apparatus, or
equipment is situated, for an injunction restraining the use or
operation thereof until such condition is corrected.



6324.  The application to the superior court accompanied by
affidavit showing that such place of employment, machine, device,
apparatus, or equipment is being operated in violation of a safety
order or standard, or in violation of Section 25910 of the Health and
Safety Code, and that such use or operation constitutes a menace to
the life or safety of any person employed thereabout and accompanied
by a copy of the order or standard applicable thereto is a sufficient
prima facie showing to warrant, in the discretion of the court, the
immediate granting of a temporary restraining order. No bond shall be
required from the division as a prerequisite to the granting of any
restraining order.


6325.  When, in the opinion of the division, a place of employment,
machine, device, apparatus, or equipment or any part thereof is in a
dangerous condition, is not properly guarded or is dangerously placed
so as to constitute an imminent hazard to employees, entry therein,
or the use thereof, as the case may be, shall be prohibited by the
division, and a conspicuous notice to that effect shall be attached
thereto. Such prohibition of use shall be limited to the immediate
area in which the imminent hazard exists, and the division shall not
prohibit any entry in or use of a place of employment, machine,
device, apparatus, or equipment, or any part thereof, which is
outside such area of imminent hazard. Such notice shall not be
removed except by an authorized representative of the division, nor
until the place of employment, machine, device, apparatus, or
equipment is made safe and the required safeguards or safety
appliances or devices are provided. This section shall not prevent
the entry or use with the division's knowledge and permission for the
sole purpose of eliminating the dangerous conditions.



6325.5.  If the division has reasonable cause to believe that any
workplace contains friable asbestos, and if there appears to be
inadequate protection for employees at that workplace to the hazards
from airborne asbestos fibers, the division may issue an order
prohibiting use.



6326.  Every person who, after such notice is attached as provided
in Section 6325, enters any such place of employment, or uses or
operates any such place of employment, machine, device, apparatus, or
equipment before it is made safe and the required safeguards or
safety appliances or devices are provided, or who defaces, destroys
or removes any such notice without the authority of the division, is
guilty of a misdemeanor punishable by a fine of up to one thousand
dollars ($1,000), or up to one year in the county jail, or both.



6327.  Once an authorized representative of the division has
prohibited entry in or use of a place of employment, machine, device,
apparatus, or equipment, as specified in Section 6325, the employer
may contest the order and shall be granted, upon request, a hearing
by the division to review the validity of the representative's order.
The hearing shall be held within 24 hours following the employer's
request.



6327.5.  If the division arbitrarily or capriciously fails to take
action to prevent or prohibit any conditions or practices in any
employment or place of employment which are such that danger exists
which could reasonably be expected to cause death or serious physical
harm immediately or before the imminence of such danger can be
eliminated through other available means, any employee who may be
injured by reason of such failure, or the representatives of such
employees, may bring an action against the chief of the division in
any appropriate court for a writ of mandate to compel the division to
prevent or prohibit the condition. Nothing contained in this section
shall be deemed to prevent the bringing of a writ of mandate against
any appropriate person or entity as may be provided by law.




6328.  The division shall prepare a notice containing pertinent
information regarding safety rules and regulations. The notice shall
contain the address and telephone number of the nearest division
office; a clear explanation of an employee's right to report any
unsafe working conditions; the right to request a safety inspection
by the division for unsafe conditions; the right to refuse to work
under conditions which endanger his life or health; the right to
receive information under the Hazardous Substances Information and
Training Act (Ch. 2.5 (commencing with Section 6360)); posting and
notice requirements of employers and the division; and any other
information the division deems necessary. It shall be supplied to
employers as soon as practical. The division shall promulgate
regulations on the content and the required location and number of
notices which must be posted by employers. Sufficient posters in both
English and Spanish shall be printed to supply employers in this
state.


6329.  All money collected for violation of standards, orders, or
special orders of, or for fees paid pursuant to this division shall
be paid into the state treasury to the credit of the General Fund.
   The Department of Industrial Relations shall account to the
Department of Finance and the State Controller for all moneys so
received and furnish proper vouchers therefor.



6330.  The director shall prepare and submit to the Legislature, not
later than March 1, an annual report on the division activities. The
report shall include, but need not be limited to, the following
information for the previous calendar year:
   (a) The amount of funds allocated and spent in enforcement,
education and research, and administration by the division.
   (b) Total inspections made, and citations issued by the division.
   (c) The number of civil penalties assessed, total amount of fines
collected and the number of appeals heard.
   (d) The number of contractors referred to the Contractor's State
License Board for hearing, pursuant to Section 7109.5 of the Business
and Professions Code, and the total number of these cases resulting
in suspension or revocation of a license.
   (e) The report from the division prepared by the Bureau of
Investigations for submission to the director pursuant to Section
6315.3.
   (f) Recommendations for legislation which improves the ability of
the division to provide safety in places of employment.
   The report shall be made to the Speaker of the Assembly and the
Chairman of the Rules Committee of the Senate, for assignment to the
appropriate committee or committees for evaluation.



6331.  The division shall enter into a contract for the development
and execution of tests to define safety standards for the use of
positive pressure, closed circuit, breathing apparatus in interior
structural fires. The testing shall define numerically what
constitutes positive pressure in breathing apparatus. The testing
shall also address the issues of the heat of the oxygen coming into
the mask, the condensation inside the mask, the possibility of, and
effect of, moisture condensation in the lungs of the wearer of the
mask, and the risks associated with a dislodgement of the mask in an
interior structural fire situation. The development of these tests
shall utilize the resources of recognized specialists in fire
research to design, conduct, and execute the tests and develop the
standards. The standards board shall adopt or revise safety standards
based on the results of these tests.
   The test parameters, the location where the testing will take
place, and the level of expertise required shall be determined by the
Cal-OSHA Self Contained Breathing Apparatus Advisory Committee.



6332.  (a) For purposes of this section, the following terms have
the following meanings:
   (1) "Community health care worker" means an individual who
provides health care or health care-related services to clients in
home settings.
   (2) "Employer" means a person or entity that employs a community
health care worker. "Employer" does not include an individual who is
a recipient of home-based services and who is responsible for hiring
his or her own community health care worker.
   (3) "Violence" means a physical assault or a threat of a physical
assault.
   (b) Every employer shall keep a record of any violence committed
against a community health care worker and shall file a copy of that
record with the department in the form and detail and within the time
limits prescribed by the department.

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6350.  The division shall maintain an education and research program
for the purpose of providing in-service training of division
personnel, safety education for employees and employers, research and
consulting safety services.


6351.  The division shall be responsible for preparation and
distribution of information concerning occupational safety and health
programs, methods, techniques or devices. Such information may
include but is not limited to safety publications, films and
audiovisual material, speeches and conferences on safety.



6352.  The division shall provide safety training programs, upon
request, for employees and employers. Priority for the development of
safety training programs shall be in those occupations which pose
the greatest hazard to the safety and health of employees.




6353.  The division shall conduct continuing research into methods,
means, operations, techniques, processes and practices necessary for
improvement of occupational safety and health of employees.



6354.  The division shall, upon request, provide a full range of
occupational safety and health consulting services to any employer or
employee group. These consulting services shall include:
   (a) A program for identifying categories of occupational safety
and health hazards causing the greatest number and most serious
preventable injuries and illnesses and workers' compensation losses
and the places of employment where they are occurring. The hazards,
industries, and places of employment shall be identified from the
data system that is used in the targeted inspection program pursuant
to Section 6314.1. The division shall develop procedures for offering
consultation services to high hazard employers who are identified
pursuant to this section. The services may include the development of
educational material and procedures for reducing or eliminating
safety and health hazards, conducting workplace surveys to identify
health and safety problems, and development of plans to improve
employer health and safety loss records.
   The program shall include a component for reducing the number of
work-related, repetitive motion injuries, including, but not limited
to, back injuries. The division may formulate recommendations for
reducing repetitive motion injuries after conducting a survey of the
workplace of the employer who accepts services of the division. The
recommendations shall include, wherever appropriate, the application
of generally accepted ergonomic and engineering principles to
eliminate repetitive motions that are generally expected to result in
injuries to workers. The recommendations shall also include,
wherever appropriate, training programs to instruct workers in
methods for performing job-related movements, such as lifting heavy
objects, in a manner that minimizes strain and provides safeguards
against injury.
   The division shall establish model injury and illness prevention
training programs to prevent repetitive motion injuries, including
recommendations for the minimum qualifications of instructors. The
model programs shall be made available to employers, employer
associations, workers' compensation insurers, and employee
organizations on request.
   (b) A program for providing assistance in the development of
injury prevention programs for employees and employers. The highest
priority for the division's consulting services shall be given to
development of these programs for businesses with fewer than 250
employees in industries identified in the regional plans developed
pursuant to subdivision (b) of Section 6314.1.
   (c) A program for providing employers or employees with
information, advice, and recommendations on maintaining safe
employment or place of employment, and on applicable occupational
safety and health standards, techniques, devices, methods, practices,
or programs.


6354.5.  (a) Any insurer desiring to write workers' compensation
insurance shall maintain or provide occupational safety and health
loss control consultation services. The insurer may employ qualified
personnel to provide these services or provide the services through
another entity.
   (b) The program of an insurer for furnishing loss control
consultation services shall be adequate to meet minimum standards
prescribed by this section. Required loss control consultation
services shall be adequate to identify the hazards exposing the
insured to, or causing the insured, significant workers' compensation
losses, and to advise the insured of steps needed to mitigate the
identified workers' compensation losses or exposures. The program of
an insurer for furnishing loss control consultation services shall
provide all of the following:
   (1) A workplace survey, including discussions with management and,
where appropriate, nonmanagement personnel with permission of the
employer.
   (2) A review of injury records with appropriate personnel.
   (3) The development of a plan to improve the employer's health and
safety loss control experience, which shall include, where
appropriate, modifications to the employer's injury and illness
prevention program established pursuant to Section 6401.7. At the
time that an insurance policy is issued and annually thereafter, and
again when notified by Cal-OSHA that an insured employer has been
identified as a targeted employer pursuant to Section 6314.1, the
insurer shall provide each insured employer with a written
description of the consultation services together with a notice that
the services are available at no additional charge to the employer.
These notices to the employer shall appear in at least 10-point bold
type.
   (c) The insurer shall not charge any fee in addition to the
insurance premium for safety and health loss control consultation
services.
   (d) Nothing in this section shall be construed to require insurers
to provide loss control services to places of employment that do not
pose significant preventable hazards to workers.
   (e) The director shall establish an insurance loss control
services coordinator position in the Department of Industrial
Relations. The coordinator shall provide information to employers
about the availability of loss control consultation services and
respond to employers' questions and complaints about loss control
consultation services provided by their insurer. The coordinator
shall notify the insurer of every complaint concerning loss control
consultation services. If the employer and the insurer are unable to
agree on a mutually satisfactory solution to the complaint, the
coordinator shall investigate the complaint. Whenever the coordinator
determines that the loss control consultation services provided by
the insurer are inadequate or inappropriate, he or she shall
recommend to the employer and the insurer the actions required to
bring the loss control program into compliance. If the employer and
the insurer are unable to agree on a mutually satisfactory solution
to the complaint, the coordinator shall forward his or her
recommendations to the director. The cost of providing the
coordinator services shall be paid out of the Workers' Occupational
Safety and Health Education Fund created by subdivision (a) of
Section 6354.7. However, no more than 20 percent of that fund may be
expended for this purpose each year.



6354.7.  (a) The Workers' Occupational Safety and Health Education
Fund is hereby created as a special account in the State Treasury.
Proceeds of the fund may be expended, upon appropriation by the
Legislature, by the Commission on Health and Safety and Workers'
Compensation for the purpose of establishing and maintaining a worker
occupational safety and health training and education program and
insurance loss control services coordinator. The director shall levy
and collect fees to fund these purposes from insurers subject to
Section 6354.5. However, the fee assessed against any insurer shall
not exceed the greater of one hundred dollars ($100) or 0.0286
percent of paid workers' compensation indemnity claims as reported
for the previous calendar year to the designated rating organization
for the analysis required under subdivision (b) of Section 11759.1 of
the Insurance Code. All fees shall be deposited in the fund.
   (b) The commission shall establish and maintain a worker safety
and health training and education program. The purpose of the worker
occupational safety and health training and education program shall
be to promote awareness of the need for prevention education
programs, to develop and provide injury and illness prevention
education programs for employees and their representatives, and to
deliver those awareness and training programs through a network of
providers throughout the state. The commission may conduct the
program directly or by means of contracts or interagency agreements.
   (c) The commission shall establish an employer and worker advisory
board for the program. The advisory board shall guide the
development of curricula, teaching methods, and specific course
material about occupational safety and health, and shall assist in
providing links to the target audience and broadening the
partnerships with worker-based organizations, labor studies programs,
and others that are able to reach the target audience.
   (d) The program shall include the development and provision of a
needed core curriculum addressing competencies for effective
participation in workplace injury and illness prevention programs and
on joint labor-management health and safety committees. The core
curriculum shall include an overview of the requirements related to
injury and illness prevention programs and hazard communication.
   (e) The program shall include the development and provision of
additional training programs for any or all of the following
categories:
   (1) Industries on the high hazard list.
   (2) Hazards that result in significant worker injuries, illnesses,
or compensation costs.
   (3) Industries or trades where workers are experiencing numerous
or significant injuries or illnesses.
   (4) Occupational groups with special needs, such as those who do
not speak English as their first language, workers with limited
literacy, young workers, and other traditionally underserved
industries or groups of workers. Priority shall be given to training
workers who are able to train other workers and workers who have
significant health and safety responsibilities, such as those workers
serving on a health and safety committee or serving as designated
safety representatives.
   (f) The program shall operate one or more libraries and
distribution systems of occupational safety and health training
material, which shall include, but not be limited to, all material
developed by the program pursuant to this section.
   (g) The advisory board shall annually prepare a written report
evaluating the use and impact of programs developed.
   (h) The payment of administrative costs incurred by the commission
in conducting the program shall be made from the Workers'
Occupational Safety and Health Education Fund.




6354.7.  (a) The Workers' Occupational Safety and Health Education
Fund is hereby created as a special account in the State Treasury.
Proceeds of the fund may be expended, upon appropriation by the
Legislature, by the Commission on Health and Safety and Workers'
Compensation for the purpose of establishing and maintaining a worker
occupational safety and health training and education program and an
insurance loss control services coordinator. The director shall levy
and collect fees to fund these purposes from insurers subject to
Section 6354.5. However, the fee assessed against any insurer shall
not exceed the greater of one hundred dollars ($100) or 0.0286
percent of paid workers' compensation indemnity amounts for claims as
reported for the previous calendar year to the designated rating
organization for the analysis required under subdivisions (b) and (c)
of Section 11759.1 of the Insurance Code. All fees shall be
deposited in the fund.
   (b) The commission shall establish and maintain a worker safety
and health training and education program. The purpose of the worker
occupational safety and health training and education program shall
be to promote awareness of the need for prevention education
programs, to develop and provide injury and illness prevention
education programs for employees and their representatives, and to
deliver those awareness and training programs through a network of
providers throughout the state. The commission may conduct the
program directly or by means of contracts or interagency agreements.
   (c) The commission shall establish an employer and worker advisory
board for the program. The advisory board shall guide the
development of curricula, teaching methods, and specific course
material about occupational safety and health, and shall assist in
providing links to the target audience and broadening the
partnerships with worker-based organizations, labor studies programs,
and others that are able to reach the target audience.
   (d) The program shall include the development and provision of a
needed core curriculum addressing competencies for effective
participation in workplace injury and illness prevention programs and
on joint labor-management health and safety committees. The core
curriculum shall include an overview of the requirements related to
injury and illness prevention programs and hazard communication.
   (e) The program shall include the development and provision of
additional training programs for any or all of the following
categories:
   (1) Industries on the high hazard list.
   (2) Hazards that result in significant worker injuries, illnesses,
or compensation costs.
   (3) Industries or trades in which workers are experiencing
numerous or significant injuries or illnesses.
   (4) Occupational groups with special needs, such as those who do
not speak English as their first language, workers with limited
literacy, young workers, and other traditionally underserved
industries or groups of workers. Priority shall be given to training
workers who are able to train other workers and workers who have
significant health and safety responsibilities, such as those workers
serving on a health and safety committee or serving as designated
safety representatives.
   (f) The program shall operate one or more libraries and
distribution systems of occupational safety and health training
material, which shall include, but not be limited to, all material
developed by the program pursuant to this section.
   (g) The advisory board shall annually prepare a written report
evaluating the use and impact of programs developed.
   (h) The payment of administrative costs incurred by the commission
in conducting the program shall be made from the Workers'
Occupational Safety and Health Education Fund.



6355.  If the employer requests or accepts consulting services
offered pursuant to Section 6354, the division in providing such
services at the employer's employment or place of employment shall
neither institute any prosecution under Section 6423 nor issue any
citations for a violation of any standard or order adopted pursuant
to Chapter 6 (commencing with Section 140) of Division 1. In any
instance in which the division representative providing the
consulting service finds that the conditions of employment, place of
employment, any work procedure, or the operation of any machine,
device, apparatus, or equipment constitutes an imminent hazard or
danger, within the meaning of Section 6325, to the lives, safety, or
health of employees, entry therein, or the use thereof, as the case
may be, shall be prohibited by the division pursuant to Section 6325.
The employer shall not, however, be liable to prosecution under
Section 6423, nor shall the division issue any citations or assess
any civil penalties, except in any case where the employer fails to
comply with the division's prohibition of entry or use, or in any
case where the provisions of Section 6326 apply.



6356.  (a) There is hereby created, in the General Fund, the Worker
Safety Bilingual Investigative Support, Enforcement, and Training
Account. The moneys in the account may be expended by the department,
upon appropriation by the Legislature, for the purposes of this
part.
   (b) The department may receive and accept a contribution of funds
from an individual or private organization, including the proceeds
from a judgment in a state or federal court, if the contribution is
made to carry out the purposes of this part. The department shall
immediately deposit the contribution in the account established by
subdivision (a).
   (c) The department may not receive or accept a contribution of
funds under this section made from the proceeds of a judgment in a
criminal action filed pursuant to Section 6423 or 6425 of the Labor
Code.



6357.  On or before January 1, 1995, the Occupational Safety and
Health Standards Board shall adopt standards for ergonomics in the
workplace designed to minimize the instances of injury from
repetitive motion.


6359.  (a) The Legislature finds and declares the following:
   (1) Every year 70 adolescents die from work injuries in the United
States and 200,000 are injured, 70,000 seriously enough to require
hospital treatment. Most of these injuries are preventable.
   (2) A recent report by the Institute of Medicine and the National
Research Council has brought national attention to the need for
better education and interventions to aid injury and illness
prevention efforts aimed at young workers.
   (3) Since 1996, the California Study Group on Young Workers'
Health and Safety, consisting of 30 representatives from key agencies
and organizations involved with California youth employment and
education issues, including representatives from government agencies,
business, labor, parent and teacher organizations, and others, has
met to develop recommendations to better protect and educate
California's young workers.
   (4) The study group recommended the establishment of a Resource
Network on Young Workers' Health and Safety, to assist in increasing
the ability of young workers and their communities to identify and
address workplace hazards in order to prevent young workers from
becoming injured or ill on the job.
   (b) It is the intent of the Legislature that the Department of
Industrial Relations, the University of California, the State
Department of Education, the State Department of Health Services, and
the Employment Development Department cooperatively and individually
conduct activities aimed at the prevention of occupational injuries
and illnesses among young workers.
   (c) The Department of Industrial Relations shall contract with a
coordinator to establish a statewide young worker health and safety
resource network. The primary function of the resource network shall
be to assist in increasing the ability of young workers and their
communities statewide to identify and address workplace hazards in
order to prevent young workers from becoming injured or ill on the
job. The network shall coordinate and augment existing outreach and
education efforts and provide technical assistance, education
materials and other support to schools, job training programs,
employers and other organizations working to educate students and
their communities about workplace health and safety and child labor
laws.
   (d) The resource network shall provide, and the lead center shall
coordinate, services to all key groups throughout the state involved
in education and protecting young workers, including, but not limited
to:
   (1) Teachers.
   (2) Schools.
   (3) Job training programs.
   (4) Employers of youth.
   (5) Parent groups.
   (6) Youth organizations.
   (7) Work permit issuers.
   (e) The resource network shall be advised by a statewide advisory
group, including, but not limited to, representatives from the
Department of Industrial Relations, the Commission on Health and
Safety and Worker's Compensation, the University of California, the
State Department of Education, the Department of Health Services, and
the Employment Development Department, as well as business, labor,
parents, and others experienced in working with youth doing
agricultural and nonagricultural work. The advisory group shall
represent diverse geographic regions of the state.
   (f) This section shall be implemented subject to the availability
of funding for the purposes of this section in the 2000-01 Budget
Act.

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6360.  This chapter shall be known and may be cited as the Hazardous
Substances Information and Training Act.



6361.  (a) The Legislature finds and declares the following:
   (1) Hazardous substances in the workplace in some forms and
concentrations pose potential acute and chronic health hazards to
employees who are exposed to these substances.
   (2) Employers and employees have a right and a need to know the
properties and potential hazards of substances to which they may be
exposed, and such knowledge is essential to reducing the incidence
and cost of occupational disease.
   (3) Employers do not always have available adequate data on the
contents and properties of specific hazardous substances necessary
for the provision of a safe and healthful workplace and the provision
of information and training to employees as is the responsibility of
the employer under existing law.
   (4) Many effective employee information and training programs now
exist, and with the increased availability of basic information and
with the extension of such programs to all affected employees,
preventable health risks in the workplace would be further reduced.
   (b) The Legislature, therefore, intends by this chapter to ensure
the transmission of necessary information to employees regarding the
properties and potential hazards of hazardous substances in the
workplace.


6362.  The rights and duties set forth in this chapter apply to all
employers who use hazardous substances in this state, to any person
who sells a hazardous substance to any employer in this state, and to
manufacturers who produce or sell hazardous substances in this
state. The provisions of this chapter apply to hazardous substances
which are present in the workplace as a result of workplace
operations in such a manner that employees may be exposed under
normal conditions of work or in a reasonably foreseeable emergency
resulting from workplace operations. For purposes of this chapter, an
emergency includes, but is not limited to, equipment failure,
rupture of containers, or failure of control equipment, which may or
do result in a release of a hazardous substance into the workplace.



6363.  Nothing in this chapter shall be construed to require a
manufacturer or employer to conduct studies to develop new
information.

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6365.  Unless the context otherwise requires, the definitions in
this article and the provisions of Article 1 shall govern the
construction of provisions of this chapter.



6366.  "CAS number" means the unique identification number assigned
by the Chemical Abstracts Service to specific chemical substances.



6367.  "Chemical name" is the scientific designation of a substance
in accordance with the nomenclature system developed by the
International Union of Pure and Applied Chemistry or the system
developed by the Chemical Abstracts Service.


6368.  "Common name" means any designation or identification such as
code name, code number, trade name, or brand name used to identify a
substance other than by its chemical name.



6370.  "Expose" or "exposure" means any situation arising from work
operation where an employee may ingest, inhale, absorb through the
skin or eyes, or otherwise come into contact with a hazardous
substance; provided, that such contact shall not be deemed to
constitute exposure if the hazardous substance present is in a
physical state, volume, or concentration for which it has been
determined pursuant to Sections 6382 and 6390 that there is no valid
and substantial evidence that any adverse acute or chronic risk to
human health may occur from such contact.




6371.  "Impurity" means a hazardous substance which is
unintentionally present with another substance or mixture.



6372.  "Manufacturer" means a person who produces, synthesizes,
extracts, or otherwise makes a hazardous substance.



6373.  "Mixture" means any solution or intimate admixture of two or
more substances, at least one of which is present as a hazardous
substance, as designated pursuant to Sections 6382 and 6383, which do
not react chemically with each other.



6374.  "MSDS" means a material safety data sheet prepared pursuant
to Section 6390. A label in 8-point or larger type, prepared pursuant
to Section 6390, shall constitute an MSDS for the purposes of this
chapter.

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6380.  For the purposes of this chapter, the director, pursuant to
Section 6382, shall establish a list of hazardous substances and
shall make the list available to manufacturers, employers, and the
public. Substances on the list shall be designated by their chemical
and common name or names. The director shall adopt, amend, and repeal
regulations for the establishment of the list of hazardous
substances pursuant to the provisions of Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.


6380.5.  (a) Prior to the director's adoption of the list of
hazardous substances, the director shall submit the list to the
Occupational Safety and Health Standards Board for its approval.
Within 90 days of receiving the list from the director, the board,
after holding a hearing and considering the recommendations of the
employers and employees who may be affected, shall do the following:
    (1) Determine whether the substances listed are properly listed
as hazardous substances pursuant to the criteria of Section 6382.
    (2) Modify the list as necessary to achieve compliance with
Section 6382.
    (3) Approve the list of hazardous substances.
   Upon receipt of the list approved by the board, the director shall
adopt the list as a regulation pursuant to the procedures set forth
in Section 6380. The inclusion or exclusion of any individual
substance on the list of hazardous substances shall not be subject to
Section 11346.2 or 11346.9 of the Government Code.
   (b) Prior to the director's adoption of any additions to the list
of hazardous substances pursuant to subdivision (c) of Section 6382,
the director shall submit the additions to the board for its
approval. Within 60 days of receiving the additions from the
director, the board, after holding a hearing and considering the
recommendations of the employers and employees who may be affected,
shall do the following:
    (1) Determine whether the substances listed are properly listed
as hazardous substances pursuant to the criteria of Section 6382.
    (2) Modify the additions as necessary to achieve compliance with
Section 6382.
    (3) Approve the list of hazardous substances.
   Upon receipt of the additions approved by the board, the director
shall adopt the additions as a regulation pursuant to the procedures
set forth in Section 6380. The inclusion or exclusion of any
individual substance on the list of hazardous substances shall not be
subject to Section 11346.2 or 11346.9 of the Government Code.



6381.  Substances not present on the list of hazardous substances
adopted pursuant to Section 6380 shall not be subject to the
provisions of this chapter. However, the absence of designation as a
hazardous substance in the list adopted pursuant to Section 6380
shall not in any way affect any other liability of an employer with
regard to safeguarding the health and safety of an employee or other
persons exposed to a toxic or hazardous substance; nor shall it
affect any other duty or responsibility of a manufacturer, producer,
or other maker to warn ultimate users of a substance pursuant to
other provisions of law.


6382.  The director shall prepare and amend the list of hazardous
substances according to the following procedure:
   (a) Any substance designated in any of the following listings in
subdivision (b) shall be presumed by the director to be potentially
hazardous and shall be included on the list; provided, that the
director shall not list a substance or form of the substance from the
listings in subdivision (b) if he or she finds, upon a showing
pursuant to the procedures set forth in Section 6380, that the
substance as present occupationally is not potentially hazardous to
human health; and provided further, that a substance, mixture, or
product shall not be considered hazardous to the extent that the
hazardous substance present is in a physical state, volume, or
concentration for which there is no valid and substantial evidence
that any adverse acute or chronic risk to human health may occur from
exposure.
   (b) The listings referred to in subdivision (a) are as follows:
   (1) Substances listed as human or animal carcinogens by the
International Agency for Research on Cancer (IARC).
   (2) Those substances designated by the Environmental Protection
Agency pursuant to Section 307 (33 U.S.C. Sec. 1317) and Section 311
(33 U.S.C. Sec. 1321) of the federal Clean Water Act of 1977 (33
U.S.C. Sec. 1251 et seq.) or as hazardous air pollutants pursuant to
Section 112 of the federal Clean Air Act, as amended (42 U.S.C. Sec.
7412) which have known, adverse human health risks.
   (3) Substances listed by the Occupational Safety and Health
Standards Board as an airborne chemical contaminant pursuant to
Section 142.3.
   (4) Those substances designated by the Director of Food and
Agriculture as restricted materials pursuant to Section 14004.5 of
the Food and Agricultural Code which have known, adverse human health
risks.
   (5) Substances for which an information alert has been issued by
the repository of current data established pursuant to Section 147.2.
   (c) The director shall at least every two years review the
listings in subdivision (b) and shall revise the list to include new
substances so listed or exclude substances no longer on the listings,
pursuant to the standards set forth in subdivision (a).
   (d) Notwithstanding Section 6381, in addition to those substances
on the director's list of hazardous substances, any substance within
the scope of the federal Hazard Communication Standard (29 C.F.R.
Sec. 1910.1200) is a hazardous substance subject to this chapter.




6383.  (a) For the purposes of this chapter, a hazardous substance
is present in any mixture or product if it is present in any of the
following concentrations:
   (1) One percent or more of the mixture or product.
   (2) Two percent of the mixture or product if the hazardous
substance exists as an impurity in the mixture.
   (3) One-tenth of 1 percent of the mixture or product if the
hazardous substance in the mixture or product is designated as a
carcinogen pursuant to the Occupational Carcinogens Control Act of
1976 (Ch. 2 (commencing with Section 24200), Div. 20, H.& S.C.) or
the federal Hazard Communication Standard (29 C.F.R. Sec. 1910.1200).
   The director may, by regulation, raise the concentration
requirement for a hazardous substance which the director finds is not
hazardous at the threshold levels; and, lower the concentration
requirement for a hazardous substance for which there is valid and
substantial evidence that the substance is extraordinarily hazardous.
   (b) The manufacturer of a hazardous substance shall notify the
director of any valid evidence which indicates that the concentration
requirement for a hazardous substance established pursuant to
subdivision (a) is higher than what is necessary to protect employees
who work with, or may be exposed to, the substance.



6384.  This chapter does not apply to impurities which develop as
intermediate materials during chemical processing but are not present
in the final product, and to which employee exposure is unlikely.



6385.  The provisions of this chapter do not apply to hazardous
substances contained in either of the following:
   (a) Products intended for personal consumption by employees in the
workplace, or consumer products packaged for distribution to, and
use by, the general public.
   (b) Retail food sale establishments and all other retail trade
establishments, exclusive of processing and repair work areas.




6386.  (a) A laboratory in which a hazardous substance is used by or
under the direct supervision of a technically qualified individual
is not an employer or manufacturer for the purposes of this chapter.
   (b) This exemption does not excuse a laboratory from any of the
following duties:
   (1) A laboratory employer shall ensure that labels of incoming
containers of hazardous substances are not removed or defaced.
   (2) A laboratory employer shall maintain any material safety data
sheets that are received with incoming shipments of hazardous
substances and ensure that they are readily available to laboratory
employees.
   (c) This exemption does not include a laboratory that primarily
provides a quality control analysis for a manufacturing process or
produces hazardous substances for commercial purposes.
   (d) "Technically qualified individual" means a person who, because
of education, training, or experience, understands the risks
associated with the use of the particular hazardous substance or
mixture involved, and who conveys this knowledge to employees in
terms of safe work practices.

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6390.  The manufacturer of any hazardous substance listed pursuant
to the provisions of Section 6380 shall prepare and provide its
direct purchasers of the hazardous substance with an MSDS containing
the information specified in Section 6391 which, to the best of the
manufacturer's knowledge, is current, accurate, and complete, based
on information then reasonably available to the manufacturer. For
purposes of this section, a substance, mixture, or product shall not
be considered a hazardous substance if present in a physical state,
volume, or concentration for which there is no valid and substantial
evidence that any adverse acute or chronic risk to human health may
occur from exposure. The manufacturer shall revise an MSDS on a
timely basis as appropriate to the importance of any new information
which would affect the contents of the existing MSDS, and in any
event within one year of such information becoming available to the
manufacturer. If the new information indicates significantly
increased risks to, or measures necessary to protect, employee
health, as compared to those stated on the MSDS previously provided,
the manufacturer shall provide such new information to persons who
have purchased the product directly from the manufacturer within the
last year.



6390.5.  The manufacturer, importer, and distributor of any
hazardous substance, and the employer, shall label each container of
a hazardous substance in a manner consistent with the federal Hazard
Communication Standard (29 C.F.R. Sec. 1910.1200) and as set forth in
applicable occupational safety and health standards adopted by the
standards board.



6391.  The information which manufacturers shall provide to their
purchasers pursuant to the provisions of Section 6390 shall include
the following, if pertinent:
   (a) The chemical name, any common names, and the CAS number of the
hazardous substance.
   (b) The hazards or other risks in the use of the hazardous
substance, including all of the following:
   (1) The potential for fire, explosion, and reactivity.
   (2) The acute and chronic health effects or risks from exposure.
   (3) The potential routes of exposure and symptoms of overexposure.
   (c) The hazards or other risks of exposure to the combustion
products of the hazardous substance.
   (d) The proper precautions, handling practices, necessary personal
protective equipment, and other safety precautions in the use of or
exposure to the hazardous substance, and its combustion products.
   (e) The emergency procedures for spills, fire, disposal, and first
aid.
   (f) A description in lay terms, if not otherwise provided, on
either a separate sheet or with the body of the information specified
in this section, of the specific potential health risks posed by the
hazardous substance and its combustion products intended to alert
any person reading the information.
   (g) The month and year that the information was compiled and, for
an MSDS issued after January 1, 1981, the name and address of the
manufacturer responsible for preparing the information.



6392.  Provision of a federal Material Safety Data Sheet or
equivalent shall constitute prima facie proof of compliance with
Section 6390.


6393.  The manufacturer shall be relieved of the obligation to
provide a specific purchaser of a hazardous substance with an MSDS
pursuant to Section 6390 if the manufacturer has a record of having
provided the specific purchaser with the most current version of the
MSDS, or if the product is one sold at retail and is incidentally
sold to an employer or the employer's employees, in the same form,
approximate amount, concentration, and manner as it is sold to
consumers, and, to the seller's knowledge, employee exposure to the
product is not significantly greater than the consumer exposure
occurring during the principal consumer use of the product. Except
for products so labeled, this section does not relieve the
manufacturer of the requirement to provide direct purchasers with
new, revised, or later information or an MSDS pursuant to Section
6390.


6394.  The preparer of an MSDS shall provide the department with a
copy of the MSDS on each hazardous substance it manufactures. The
preparer may transmit the MSDS to the department in either paper or
electronic form. In the electronic filing of an MSDS, it is the
responsibility of the preparer to protect any trade secret
information contained in the MSDS during transmission to the
department. Upon receipt by the department of the MSDS, it is the
responsibility of the department to protect any trade secret
information.


6395.  (a) The manufacturer may provide the information required by
Section 6390 on an entire product mixture, instead of on each
hazardous substance in it, when all of the following conditions
exist:
   (1) Hazard test information exists on the mixture itself, or
adequate information exists to form a valid judgment of the hazardous
properties of the mixture itself and the MSDS indicates that the
information presented and the conclusions drawn are from some source
other than direct test data on the mixture itself, and that an MSDS
on each constituent hazardous substance identified on the MSDS is
available upon request.
   (2) Provision of information on the mixture will be as effective
in protecting employee health as information on the ingredients.
   (3) The hazardous substances in the mixture are identified on the
MSDS unless it is either unfeasible to describe all the ingredients
in the mixture or the identity of the ingredients is itself a valid
trade secret, in either case the reason why the hazardous substances
in the mixture are not identified shall be stated on the MSDS.
   (b) A single mixture MSDS may be provided for more than one
formulation of a product mixture if the information provided pursuant
to Section 6390 does not vary for the formulation.




6396.  (a) The Director of Industrial Relations shall protect from
disclosure any and all trade secrets coming into his or her
possession, as defined in subdivision (d) of Section 6254.7 of the
Government Code, when requested in writing or by appropriate stamping
or marking of documents by the manufacturer or producer of a
mixture.
   (b) Any information reported to or otherwise obtained by the
Director of Industrial Relations, or any of his or her
representatives or employees, which is exempt from disclosure under
subdivision (a), shall not be disclosed to anyone except an officer
or employee of the state or of the United States of America, in
connection with the official duties of that officer or employee under
any law for the protection of health, or to contractors with the
state and their employees if in the opinion of the director the
disclosure is necessary and required for the satisfactory performance
of a contract for performance of work in connection with this act.
   (c) Any officer or employee of the state, or former officer or
employee, who by virtue of that employment or official position has
obtained possession of or has access to material the disclosure of
which is prohibited by this section, and who, knowing that disclosure
of the material is prohibited, knowingly and willfully discloses the
material in any manner to any person not entitled to receive it, is
guilty of a misdemeanor. Any contractor with the state and any
employee of that contractor, who has been furnished information as
authorized by this section, shall be considered to be an employee of
the state for purposes of this section.
   (d) Information certified to by appropriate officials of the
United States, as necessarily kept secret for national defense
purposes, shall be accorded the full protections against disclosure
as specified by that official or in accordance with the laws of the
United States.
   (e) (1) The director, upon his or her own initiative, or upon
receipt of a request pursuant to the California Public Records Act,
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code) for the release of data submitted and
designated as a trade secret by an employer, manufacturer, or
producer of a mixture, shall determine whether any or all of the data
so submitted are a properly designated trade secret.
   (2) If the director determines that the data is not a trade
secret, the director shall notify the employer, manufacturer, or
producer of a mixture by certified mail.
   (3) The employer, manufacturer, or producer of a mixture shall
have 15 days after receipt of notification to provide the director
with a complete justification and statement of the grounds on which
the trade secret privilege is claimed. This justification and
statement shall be submitted by certified mail.
   (4) The director shall determine whether the data are protected as
a trade secret within 15 days after receipt of the justification and
statement, or if no justification and statement is filed, within 30
days of the original notice, and shall notify the employer or
manufacturer and any party who has requested the data pursuant to the
California Public Records Act of that determination by certified
mail. If the director determines that the data are not protected as a
trade secret, the final notice shall also specify a date, not sooner
than 15 days after the date of mailing of the final notice, when the
data shall be available to the public.
   (5) Prior to the date specified in the final notice, an employer,
manufacturer, or producer of a mixture may institute an action in an
appropriate superior court for a declaratory judgment as to whether
the data are subjected to protection under subdivision (a).
   (f) This section does not authorize a manufacturer to refuse to
disclose information required pursuant to this chapter to the
director.


6397.  (a) Any person other than a manufacturer who sells a mixture
or any hazardous substance shall provide its direct purchasers of the
mixture or hazardous substance at the time of sale with a copy of
the most recent MSDS or equivalent information prepared and supplied
to the person pursuant to either Section 6390 or subdivision (b)
whenever it is foreseeable that the provisions of this chapter may
apply to the purchaser.
   (b) Any person who produces a mixture may, for the purposes of
this section, prepare and use a mixture MSDS, subject to the
provisions of Section 6395.
   (c) Any person subject to the provisions of subdivision (a) shall
be relieved of the obligation to provide a specific purchaser of a
hazardous substance with an MSDS if he or she has a record of having
provided the specific purchaser with the most recent version of the
MSDS, or if the product is one sold at retail and is incidentally
sold to an employer or the employer's employees, in the same form,
approximate amount, concentration, and manner as it is sold to
consumers, and, to the seller's knowledge, employee exposure to the
product is not significantly greater than the consumer exposure
occurring during the principal consumer use of the product.



6398.  The Occupational Safety and Health Standards Board shall
adopt a standard setting forth an employer's duties toward its
employees under this chapter, on or before July 1, 1981, consistent
with the following guidelines:
   (a) An MSDS shall be available to an employee, collective
bargaining representative, or the employee's physician, on a timely
and reasonable basis, on substances in the workplace.
   (b) Employers shall furnish employees who may be exposed to a
hazardous substance with information on the contents of the MSDS for
the hazardous substances or equivalent information, either in written
form or through training programs, which may be generic to the
extent appropriate and related to the job.
   (c) Provision shall be made for employees to be informed of their
rights under this chapter and under the standard to be adopted.



6399.  Upon request, the manufacturer of a hazardous substance or
the producer of a mixture who has produced a mixture MSDS pursuant to
the provisions of subdivision (b) of Section 6397 shall make
available to any employer, whose employees may be exposed to its
product in the workplace, an MSDS on its product. If the employer
does not already have an MSDS and has not already made written
inquiry within 12 months as to whether a substance or product is
subject to the requirements of this chapter or if the employer has
not already made written inquiry within 6 months as to whether any
new, revised, or later information has been issued for a hazardous
substance, the employer shall do so within seven working days of a
request to do so by an employee or employee's collective bargaining
representative or physician. The employer may adopt reasonable
procedures for acting upon such employee requests to avoid
interruption of normal work operations. The manufacturer or the
producer of a mixture MSDS pursuant to the provisions of Section 6397
shall answer such inquiries within 15 working days of their receipt,
stating that the substance or product is subject to the requirements
of this chapter and furnishing the most current MSDS or a statement
that the MSDS is under development and the estimated completion date,
or stating that it is not subject to the requirements of this
chapter, with a brief explanation of why the chapter is not
applicable. If an employer has not received a response from a
manufacturer within 25 working days of the date the request was made,
the employer shall send a copy of the request made of the
manufacturer to the director with the notation that no response has
been received.



6399.1.  Compliance with regulations of the Director of Food and
Agriculture issued pursuant to Section 12981 of the Food and
Agricultural Code shall be deemed compliance with the obligations of
an employer toward his or her employees under this chapter.




6399.2.  This article shall become operative 180 days after adoption
of the initial list of hazardous substances pursuant to Article 3
(commencing with Section 6380).

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6399.5.  The provisions of this chapter regarding manufacturers,
employers, and persons subject to the provisions of Section 6397,
shall be enforced pursuant to the provisions of this division
pertaining to enforcement of standards adopted under Section 142.3.




6399.6.  The provision of information to an employee pursuant to the
provisions of this chapter shall not in any way affect any other
liability of an employer with regard to safeguarding the health and
safety of an employee or other persons exposed to a toxic or
hazardous substance; nor shall it affect any other duty or
responsibility of a manufacturer, producer, or other maker to warn
ultimate users of a substance pursuant to other provisions of law.



6399.7.  No person shall discharge or in any manner discriminate
against, any employee because such employee has filed any complaint
or has instituted, or caused to be instituted, any proceeding under
or related to the provisions of this chapter, or has testified, or is
about to testify, in any such proceeding, or because of the exercise
of any right afforded pursuant to the provisions of this chapter on
such employee's behalf or on behalf of others, nor shall any pay,
seniority, or other benefits be lost for exercise of any such right.
A violation of the provisions of this section shall be a violation of
the provisions of Section 6310.

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6400.  (a) Every employer shall furnish employment and a place of
employment that is safe and healthful for the employees therein.
   (b) On multiemployer worksites, both construction and
nonconstruction, 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:
   (1) The employer whose employees were exposed to the hazard (the
exposing employer).
   (2) The employer who actually created the hazard (the creating
employer).
   (3) The employer who was responsible, by contract or through
actual practice, for safety and health conditions on the worksite,
which is the employer who had the authority for ensuring that the
hazardous condition is corrected (the controlling employer).
   (4) The employer who had the responsibility for actually
correcting the hazard (the correcting employer).
   The employers listed in paragraphs (2) to (4), inclusive, of this
subdivision may be cited regardless of whether their own employees
were exposed to the hazard.
   (c) It is the intent of the Legislature, in adding subdivision (b)
to this section, to codify existing regulations with respect to the
responsibility of employers at multiemployer worksites. Subdivision
(b) of this section is declaratory of existing law and shall not be
construed or interpreted as creating a new law or as modifying or
changing an existing law.



6401.  Every employer shall furnish and use safety devices and
safeguards, and shall adopt and use practices, means, methods,
operations, and processes which are reasonably adequate to render
such employment and place of employment safe and healthful. Every
employer shall do every other thing reasonably necessary to protect
the life, safety, and health of employees.



6401.5.  No salvage of materials shall be permitted while demolition
is in progress on any building, structure, falsework, or scaffold
more than three stories high or the equivalent height for which a
permit is required under subdivision (c) of Section 6500.
   For this purpose salvage does not include removal of material from
premises solely for the purpose of clearing the area to facilitate
the continuation of the demolition.



6401.7.  (a) Every employer shall establish, implement, and maintain
an effective injury prevention program. The program shall be
written, except as provided in subdivision (e), and shall include,
but not be limited to, the following elements:
   (1) Identification of the person or persons responsible for
implementing the program.
   (2) The employer's system for identifying and evaluating workplace
hazards, including scheduled periodic inspections to identify unsafe
conditions and work practices.
   (3) The employer's methods and procedures for correcting unsafe or
unhealthy conditions and work practices in a timely manner.
   (4) An occupational health and safety training program designed to
instruct employees in general safe and healthy work practices and to
provide specific instruction with respect to hazards specific to
each employee's job assignment.
   (5) The employer's system for communicating with employees on
occupational health and safety matters, including provisions designed
to encourage employees to inform the employer of hazards at the
worksite without fear of reprisal.
   (6) The employer's system for ensuring that employees comply with
safe and healthy work practices, which may include disciplinary
action.
   (b) The employer shall correct unsafe and unhealthy conditions and
work practices in a timely manner based on the severity of the
hazard.
   (c) The employer shall train all employees when the training
program is first established, all new employees, and all employees
given a new job assignment, and shall train employees whenever new
substances, processes, procedures, or equipment are introduced to the
workplace and represent a new hazard, and whenever the employer
receives notification of a new or previously unrecognized hazard. An
employer in the construction industry who is required to be licensed
under Chapter 9 (commencing with Section 7000) of Division 3 of the
Business and Professions Code may use employee training provided to
the employer's employees under a construction industry occupational
safety and health training program approved by the division to comply
with the requirements of subdivision (a) relating to employee
training, and shall only be required to provide training on hazards
specific to an employee's job duties.
   (d) The employer shall keep appropriate records of steps taken to
implement and maintain the program. An employer in the construction
industry who is required to be licensed under Chapter 9 (commencing
with Section 7000) of Division 3 of the Business and Professions Code
may use records relating to employee training provided to the
employer in connection with an occupational safety and health
training program approved by the division to comply with this
subdivision, and shall only be required to keep records of those
steps taken to implement and maintain the program with respect to
hazards specific to an employee's job duties.
   (e) (1) The standards board shall adopt a standard setting forth
the employer's duties under this section, on or before January 1,
1991, consistent with the requirements specified in subdivisions (a),
(b), (c), and (d). The standards board, in adopting the standard,
shall include substantial compliance criteria for use in evaluating
an employer's injury prevention program. The board may adopt less
stringent criteria for employers with few employees and for employers
in industries with insignificant occupational safety or health
hazards.
   (2) Notwithstanding subdivision (a), for employers with fewer than
20 employees who are in industries that are not on a designated list
of high hazard industries and who have a workers' compensation
experience modification rate of 1.1 or less, and for any employers
with fewer than 20 employees who are in industries that are on a
designated list of low hazard industries, the board shall adopt a
standard setting forth the employer's duties under this section
consistent with the requirements specified in subdivisions (a), (b),
and (c), except that the standard shall only require written
documentation to the extent of documenting the person or persons
responsible for implementing the program pursuant to paragraph (1) of
subdivision (a), keeping a record of periodic inspections pursuant
to paragraph (2) of subdivision (a), and keeping a record of employee
training pursuant to paragraph (4) of subdivision (a). To any extent
beyond the specifications of this subdivision, the standard shall
not require the employer to keep the records specified in subdivision
(d).
   (3) (A) The division shall establish a list of high hazard
industries using the methods prescribed in Section 6314.1 for
identifying and targeting employers in high hazard industries. For
purposes of this subdivision, the "designated list of high hazard
industries" shall be the list established pursuant to this paragraph.
   (B) For the purpose of implementing this subdivision, the
Department of Industrial Relations shall periodically review, and as
necessary revise, the list.
   (4) For the purpose of implementing this subdivision, the
Department of Industrial Relations shall also establish a list of low
hazard industries, and shall periodically review, and as necessary
revise, that list.
   (f) The standard adopted pursuant to subdivision (e) shall
specifically permit employer and employee occupational safety and
health committees to be included in the employer's injury prevention
program. The board shall establish criteria for use in evaluating
employer and employee occupational safety and health committees. The
criteria shall include minimum duties, including the following:
   (1) Review of the employer's periodic, scheduled worksite
inspections; investigation of causes of incidents resulting in
injury, illness, or exposure to hazardous substances; and
investigation of any alleged hazardous condition brought to the
attention of any committee member. When determined necessary by the
committee, the committee may conduct its own inspections and
investigations.
   (2) (A) Upon request from the division, verification of abatement
action taken by the employer as specified in division citations.
   (B) If an employer's occupational safety and health committee
meets the criteria established by the board, it shall be presumed to
be in substantial compliance with paragraph (5) of subdivision (a).
   (g) The division shall adopt regulations specifying the procedures
for selecting employee representatives for employer-employee
occupational health and safety committees when these procedures are
not specified in an applicable collective bargaining agreement. No
employee or employee organization shall be held liable for any act or
omission in connection with a health and safety committee.
   (h) The employer's injury prevention program, as required by this
section, shall cover all of the employer's employees and all other
workers who the employer controls or directs and directly supervises
on the job to the extent these workers are exposed to worksite and
job assignment specific hazards. Nothing in this subdivision shall
affect the obligations of a contractor or other employer that
controls or directs and directly supervises its own employees on the
job.
   (i) When a contractor supplies its employee to a state agency
employer on a temporary basis, the state agency employer may assess a
fee upon the contractor to reimburse the state agency for the
additional costs, if any, of including the contract employee within
the state agency's injury prevention program.
   (j) (1) The division shall prepare a Model Injury and Illness
Prevention Program for Non-High-Hazard Employment, and shall make
copies of the model program prepared pursuant to this subdivision
available to employers, upon request, for posting in the workplace.
An employer who adopts and implements the model program prepared by
the division pursuant to this paragraph in good faith shall not be
assessed a civil penalty for the first citation for a violation of
this section issued after the employer's adoption and implementation
of the model program.
   (2) For purposes of this subdivision, the division shall establish
a list of non-high-hazard industries in California. These
industries, identified by their Standard Industrial Classification
Codes, as published by the United States Office of Management and
Budget in the Manual of Standard Industrial Classification Codes,
1987 Edition, are apparel and accessory stores (Code 56), eating and
drinking places (Code 58), miscellaneous retail (Code 59), finance,
insurance, and real estate (Codes 60-67), personal services (Code
72), business services (Code 73), motion pictures (Code 78) except
motion picture production and allied services (Code 781), legal
services (Code 81), educational services (Code 82), social services
(Code 83), museums, art galleries, and botanical and zoological
gardens (Code 84), membership organizations (Code 86), engineering,
accounting, research, management, and related services (Code 87),
private households (Code 88), and miscellaneous services (Code 89).
To further identify industries that may be included on the list, the
division shall also consider data from a rating organization, as
defined in Section 11750.1 of the Insurance Code, and all other
appropriate information. The list shall be established by June 30,
1994, and shall be reviewed, and as necessary revised, biennially.
   (3) The division shall prepare a Model Injury and Illness
Prevention Program for Employers in Industries with Intermittent
Employment, and shall determine which industries have historically
utilized seasonal or intermittent employees. An employer in an
industry determined by the division to have historically utilized
seasonal or intermittent employees shall be deemed to have complied
with the requirements of subdivision (a) with respect to a written
injury prevention program if the employer adopts the model program
prepared by the division pursuant to this paragraph and complies with
any instructions relating thereto.
   (k) With respect to any county, city, city and county, or
district, or any public or quasi-public corporation or public agency
therein, including any public entity, other than a state agency, that
is a member of, or created by, a joint powers agreement, subdivision
(d) shall not apply.
   (l) Every workers' compensation insurer shall conduct a review,
including a written report as specified below, of the injury and
illness prevention program (IIPP) of each of its insureds with an
experience modification of 2.0 or greater within six months of the
commencement of the initial insurance policy term. The review shall
determine whether the insured has implemented all of the required
components of the IIPP, and evaluate their effectiveness. The
training component of the IIPP shall be evaluated to determine
whether training is provided to line employees, supervisors, and
upper level management, and effectively imparts the information and
skills each of these groups needs to ensure that all of the insured's
specific health and safety issues are fully addressed by the
insured. The reviewer shall prepare a detailed written report
specifying the findings of the review and all recommended changes
deemed necessary to make the IIPP effective. The reviewer shall be or
work under the direction of a licensed California professional
engineer, certified safety professional, or a certified industrial
hygienist.


6402.  No employer shall require, or permit any employee to go or be
in any employment or place of employment which is not safe and
healthful.


6403.  No employer shall fail or neglect to do any of the following:
   (a) To provide and use safety devices and safeguards reasonably
adequate to render the employment and place of employment safe.
   (b) To adopt and use methods and processes reasonably adequate to
render the employment and place of employment safe.
   (c) To do every other thing reasonably necessary to protect the
life, safety, and health of employees.



6403.5.  (a) As part of the injury and illness prevention programs
required by Section 3203 of Title 8 of the California Code of
Regulations, or any successor law or regulation, employers shall
adopt a patient protection and health care worker back and
musculoskeletal injury prevention plan. The plan shall include a safe
patient handling policy component reflected in professional
occupational safety guidelines for the protection of patients and
health care workers in health care facilities.
   (b) An employer shall maintain a safe patient handling policy at
all times for all patient care units, and shall provide trained lift
teams or other support staff trained in safe lifting techniques in
each general acute care hospital. The employer shall provide training
to health care workers that includes, but is not limited to, the
following:
    (1) The appropriate use of lifting devices and equipment.
   (2) The five areas of body exposure: vertical, lateral, bariatric,
repositioning, and ambulation.
    (3) The use of lifting devices to handle patients safely.
   (c) As the coordinator of care, the registered nurse shall be
responsible for the observation and direction of patient lifts and
mobilization, and shall participate as needed in patient handling in
accordance with the nurse's job description and professional
judgment.
   (d) For purposes of this section, "lift team" means hospital
employees specifically trained to handle patient lifts,
repositionings, and transfers using patient transfer, repositioning,
or lifting devices as appropriate for the specific patient. Lift team
members may perform other duties as assigned during their shifts. A
general acute care hospital shall not be required by this section to
hire new staff to comprise the lift team so long as direct patient
care assignments are not compromised.
   (e) For purposes of this section, "health care worker" means a
lift team member or other staff responsible for assisting in lifting
patients who is a hospital employee specifically trained to handle
patient lifts, repositioning, and transfers using patient transfer,
repositioning, and lifting devices as appropriate for the specific
patient.
   (f) For the purposes of this section, "safe patient handling
policy" means a policy that requires replacement of manual lifting
and transferring of patients with powered patient transfer devices,
lifting devices, and lift teams, as appropriate for the specific
patient and consistent with the employer's safety policies and the
professional judgment and clinical assessment of the registered
nurse.
   (g) A health care worker who refuses to lift, reposition, or
transfer a patient due to concerns about patient or worker safety or
the lack of trained lift team personnel or equipment shall not, based
upon the refusal, be the subject of disciplinary action by the
hospital or any of its managers or employees.
   (h) This section shall not apply to general acute care hospitals
within the Department of Corrections and Rehabilitation or the State
Department of Developmental Services.



6404.  No employer shall occupy or maintain any place of employment
that is not safe and healthful.



6404.5.  (a) The Legislature finds and declares that regulation of
smoking in the workplace is a matter of statewide interest and
concern. It is the intent of the Legislature in enacting this section
to prohibit the smoking of tobacco products in all (100 percent of)
enclosed places of employment in this state, as covered by this
section, thereby eliminating the need of local governments to enact
workplace smoking restrictions within their respective jurisdictions.
It is further the intent of the Legislature to create a uniform
statewide standard to restrict and prohibit the smoking of tobacco
products in enclosed places of employment, as specified in this
section, in order to reduce employee exposure to environmental
tobacco smoke to a level that will prevent anything other than
insignificantly harmful effects to exposed employees, and also to
eliminate the confusion and hardship that can result from enactment
or enforcement of disparate local workplace smoking restrictions.
Notwithstanding any other provision of this section, it is the intent
of the Legislature that any area not defined as a "place of
employment" pursuant to subdivision (d) or in which the smoking of
tobacco products is not regulated pursuant to subdivision (e) shall
be subject to local regulation of smoking of tobacco products.
   (b) No employer shall knowingly or intentionally permit, and no
person shall engage in, the smoking of tobacco products in an
enclosed space at a place of employment. "Enclosed space" includes
lobbies, lounges, waiting areas, elevators, stairwells, and restrooms
that are a structural part of the building and not specifically
defined in subdivision (d).
   (c) For purposes of this section, an employer who permits any
nonemployee access to his or her place of employment on a regular
basis has not acted knowingly or intentionally in violation of this
section if he or she has taken the following reasonable steps to
prevent smoking by a nonemployee:
   (1) Posted clear and prominent signs, as follows:
   (A) Where smoking is prohibited throughout the building or
structure, a sign stating "No smoking" shall be posted at each
entrance to the building or structure.
   (B) Where smoking is permitted in designated areas of the building
or structure, a sign stating "Smoking is prohibited except in
designated areas" shall be posted at each entrance to the building or
structure.
   (2) Has requested, when appropriate, that a nonemployee who is
smoking refrain from smoking in the enclosed workplace.
   For purposes of this subdivision, "reasonable steps" does not
include (A) the physical ejection of a nonemployee from the place of
employment or (B) any requirement for making a request to a
nonemployee to refrain from smoking, under circumstances involving a
risk of physical harm to the employer or any employee.
   (d) For purposes of this section, "place of employment" does not
include any of the following:
   (1) Sixty-five percent of the guestroom accommodations in a hotel,
motel, or similar transient lodging establishment.
   (2) Areas of the lobby in a hotel, motel, or other similar
transient lodging establishment designated for smoking by the
establishment. An establishment may permit smoking in a designated
lobby area that does not exceed 25 percent of the total floor area of
the lobby or, if the total area of the lobby is 2,000 square feet or
less, that does not exceed 50 percent of the total floor area of the
lobby. For purposes of this paragraph, "lobby" means the common
public area of an establishment in which registration and other
similar or related transactions, or both, are conducted and in which
the establishment's guests and members of the public typically
congregate.
   (3) Meeting and banquet rooms in a hotel, motel, other transient
lodging establishment similar to a hotel or motel, restaurant, or
public convention center, except while food or beverage functions are
taking place, including setup, service, and cleanup activities, or
when the room is being used for exhibit purposes. At times when
smoking is not permitted in a meeting or banquet room pursuant to
this paragraph, the establishment may permit smoking in corridors and
prefunction areas adjacent to and serving the meeting or banquet
room if no employee is stationed in that corridor or area on other
than a passing basis.
   (4) Retail or wholesale tobacco shops and private smokers'
lounges. For purposes of this paragraph:
   (A) "Private smokers' lounge" means any enclosed area in or
attached to a retail or wholesale tobacco shop that is dedicated to
the use of tobacco products, including, but not limited to, cigars
and pipes.
   (B) "Retail or wholesale tobacco shop" means any business
establishment the main purpose of which is the sale of tobacco
products, including, but not limited to, cigars, pipe tobacco, and
smoking accessories.
   (5) Cabs of motortrucks, as defined in Section 410 of the Vehicle
Code, or truck tractors, as defined in Section 655 of the Vehicle
Code, if no nonsmoking employees are present.
   (6) Warehouse facilities. For purposes of this paragraph,
"warehouse facility" means a warehouse facility with more than
100,000 square feet of total floorspace, and 20 or fewer full-time
employees working at the facility, but does not include any area
within a facility that is utilized as office space.
   (7) Gaming clubs, in which smoking is permitted by subdivision
(f). For purposes of this paragraph, "gaming club" means any gaming
club, as defined in Section 19802 of the Business and Professions
Code, or bingo facility, as defined in Section 326.5 of the Penal
Code, that restricts access to minors under 18 years of age.
   (8) Bars and taverns, in which smoking is permitted by subdivision
(f). For purposes of this paragraph, "bar" or "tavern" means a
facility primarily devoted to the serving of alcoholic beverages for
consumption by guests on the premises, in which the serving of food
is incidental. "Bar or tavern" includes those facilities located
within a hotel, motel, or other similar transient occupancy
establishment. However, when located within a building in conjunction
with another use, including a restaurant, "bar" or "tavern" includes
only those areas used primarily for the sale and service of
alcoholic beverages. "Bar" or "tavern" does not include the dining
areas of a restaurant, regardless of whether alcoholic beverages are
served therein.
   (9) Theatrical production sites, if smoking is an integral part of
the story in the theatrical production.
   (10) Medical research or treatment sites, if smoking is integral
to the research and treatment being conducted.
   (11) Private residences, except for private residences licensed as
family day care homes, during the hours of operation as family day
care homes and in those areas where children are present.
   (12) Patient smoking areas in long-term health care facilities, as
defined in Section 1418 of the Health and Safety Code.
   (13) Breakrooms designated by employers for smoking, provided that
all of the following conditions are met:
   (A) Air from the smoking room shall be exhausted directly to the
outside by an exhaust fan. Air from the smoking room shall not be
recirculated to other parts of the building.
   (B) The employer shall comply with any ventilation standard or
other standard utilizing appropriate technology, including, but not
limited to, mechanical, electronic, and biotechnical systems, adopted
by the Occupational Safety and Health Standards Board or the federal
Environmental Protection Agency. If both adopt inconsistent
standards, the ventilation standards of the Occupational Safety and
Health Standards Board shall be no less stringent than the standards
adopted by the federal Environmental Protection Agency.
   (C) The smoking room shall be located in a nonwork area where no
one, as part of his or her work responsibilities, is required to
enter. For purposes of this subparagraph, "work responsibilities"
does not include any custodial or maintenance work carried out in the
breakroom when it is unoccupied.
   (D) There are sufficient nonsmoking breakrooms to accommodate
nonsmokers.
   (14) Employers with a total of five or fewer employees, either
full time or part time, may permit smoking where all of the following
conditions are met:
   (A) The smoking area is not accessible to minors.
   (B) All employees who enter the smoking area consent to permit
smoking. No one, as part of his or her work responsibilities, shall
be required to work in an area where smoking is permitted. An
employer who is determined by the division to have used coercion to
obtain consent or who has required an employee to work in the smoking
area shall be subject to the penalty provisions of Section 6427.
   (C) Air from the smoking area shall be exhausted directly to the
outside by an exhaust fan. Air from the smoking area shall not be
recirculated to other parts of the building.
   (D) The employer shall comply with any ventilation standard or
other standard utilizing appropriate technology, including, but not
limited to, mechanical, electronic, and biotechnical systems, adopted
by the Occupational Safety and Health Standards Board or the federal
Environmental Protection Agency. If both adopt inconsistent
standards, the ventilation standards of the Occupational Safety and
Health Standards Board shall be no less stringent than the standards
adopted by the federal Environmental Protection Agency.
   This paragraph shall not be construed to (i) supersede or render
inapplicable any condition or limitation on smoking areas made
applicable to specific types of business establishments by any other
paragraph of this subdivision or (ii) apply in lieu of any otherwise
applicable paragraph of this subdivision that has become inoperative.
   (e) Paragraphs (13) and (14) of subdivision (d) shall not be
construed to require employers to provide reasonable accommodation to
smokers, or to provide breakrooms for smokers or nonsmokers.
   (f) (1) Except as otherwise provided in this subdivision, smoking
may be permitted in gaming clubs, as defined in paragraph (7) of
subdivision (d), and in bars and taverns, as defined in paragraph (8)
of subdivision (d), until the earlier of the following:
   (A) January 1, 1998.
   (B) The date of adoption of a regulation (i) by the Occupational
Safety and Health Standards Board reducing the permissible employee
exposure level to environmental tobacco smoke to a level that will
prevent anything other than insignificantly harmful effects to
exposed employees or (ii) by the federal Environmental Protection
Agency establishing a standard for reduction of permissible exposure
to environmental tobacco smoke to an exposure level that will prevent
anything other than insignificantly harmful effects to exposed
persons.
   (2) If a regulation specified in subparagraph (B) of paragraph (1)
is adopted on or before January 1, 1998, smoking may thereafter be
permitted in gaming clubs and in bars and taverns, subject to full
compliance with, or conformity to, the standard in the regulation
within two years following the date of adoption of the regulation. An
employer failing to achieve compliance with, or conformity to, the
regulation within this two-year period shall prohibit smoking in the
gaming club, bar, or tavern until compliance or conformity is
achieved. If the Occupational Safety and Health Standards Board and
the federal Environmental Protection Agency both adopt regulations
specified in subparagraph (B) of paragraph (1) that are inconsistent,
the regulations of the Occupational Safety and Health Standards
Board shall be no less stringent than the regulations of the federal
Environmental Protection Agency.
   (3) If a regulation specified in subparagraph (B) of paragraph (1)
is not adopted on or before January 1, 1998, the exemptions
specified in paragraphs (7) and (8) of subdivision (d) shall become
inoperative on and after January 1, 1998, until a regulation is
adopted. Upon adoption of such a regulation on or after January 1,
1998, smoking may thereafter be permitted in gaming clubs and in bars
and taverns, subject to full compliance with, or conformity to, the
standard in the regulation within two years following the date of
adoption of the regulation. An employer failing to achieve compliance
with, or conformity to, the regulation within this two-year period
shall prohibit smoking in the gaming club, bar, or tavern until
compliance or conformity is achieved. If the Occupational Safety and
Health Standards Board and the federal Environmental Protection
Agency both adopt regulations specified in subparagraph (B) of
paragraph (1) that are inconsistent, the regulations of the
Occupational Safety and Health Standards Board shall be no less
stringent than the regulations of the federal Environmental
Protection Agency.
   (4) From January 1, 1997, to December 31, 1997, inclusive, smoking
may be permitted in gaming clubs, as defined in paragraph (7) of
subdivision (d), and in bars and taverns, as defined in paragraph (8)
of subdivision (d), subject to both of the following conditions:
   (A) If practicable, the gaming club or bar or tavern shall
establish a designated nonsmoking area.
   (B) If feasible, no employee shall be required, in the performance
of ordinary work responsibilities, to enter any area in which
smoking is permitted.
   (g) The smoking prohibition set forth in this section shall
constitute a uniform statewide standard for regulating the smoking of
tobacco products in enclosed places of employment and shall
supersede and render unnecessary the local enactment or enforcement
of local ordinances regulating the smoking of tobacco products in
enclosed places of employment. Insofar as the smoking prohibition set
forth in this section is applicable to all (100-percent) places of
employment within this state and, therefore, provides the maximum
degree of coverage, the practical effect of this section is to
eliminate the need of local governments to enact enclosed workplace
smoking restrictions within their respective jurisdictions.
   (h) Nothing in this section shall prohibit an employer from
prohibiting smoking in an enclosed place of employment for any
reason.
   (i) The enactment of local regulation of smoking of tobacco
products in enclosed places of employment by local governments shall
be suspended only for as long as, and to the extent that, the
(100-percent) smoking prohibition provided for in this section
remains in effect. In the event this section is repealed or modified
by subsequent legislative or judicial action so that the
(100-percent) smoking prohibition is no longer applicable to all
enclosed places of employment in California, local governments shall
have the full right and authority to enforce previously enacted, and
to enact and enforce new, restrictions on the smoking of tobacco
products in enclosed places of employment within their jurisdictions,
including a complete prohibition of smoking. Notwithstanding any
other provision of this section, any area not defined as a "place of
employment" or in which smoking is not regulated pursuant to
subdivision (d) or (e), shall be subject to local regulation of
smoking of tobacco products.
   (j) Any violation of the prohibition set forth in subdivision (b)
is an infraction, punishable by a fine not to exceed one hundred
dollars ($100) for a first violation, two hundred dollars ($200) for
a second violation within one year, and five hundred dollars ($500)
for a third and for each subsequent violation within one year. This
subdivision shall be enforced by local law enforcement agencies,
including, but not limited to, local health departments, as
determined by the local governing body.
   (k) Notwithstanding Section 6309, the division shall not be
required to respond to any complaint regarding the smoking of tobacco
products in an enclosed space at a place of employment, unless the
employer has been found guilty pursuant to subdivision (j) of a third
violation of subdivision (b) within the previous year.
   (l) If any provision of this act or the application thereof to any
person or circumstances is held invalid, that invalidity shall not
affect other provisions or applications of the act that can be given
effect without the invalid provision or application, and to this end
the provisions of this act are severable.



6405.  No employer, owner, or lessee of any real property shall
construct or cause to be constructed any place of employment that is
not safe and healthful.


6406.  No person shall do any of the following:
   (a) Remove, displace, damage, destroy or carry off any safety
device, safeguard, notice, or warning, furnished for use in any
employment or place of employment.
   (b) Interfere in any way with the use thereof by any other person.
   (c) Interfere with the use of any method or process adopted for
the protection of any employee, including himself, in such
employment, or place of employment.
   (d) Fail or neglect to do every other thing reasonably necessary
to protect the life, safety, and health of employees.




6407.  Every employer and every employee shall comply with
occupational safety and health standards, with Section 25910 of the
Health and Safety Code, and with all rules, regulations, and orders
pursuant to this division which are applicable to his own actions and
conduct.



6408.  All employers shall provide information to employees in the
following ways, as prescribed by authorized regulations:
   (a) Posting of information regarding protections and obligations
of employees under occupational safety and health laws.
   (b) Posting prominently each citation issued under Section 6317,
or a copy or copies thereof, at or near each place a violation
referred to in the notice of violation occurred.
   (c) The opportunity for employees or their representatives to
observe monitoring or measuring of employee exposure to hazards
conducted pursuant to standards promulgated under Section 142.3.
   (d) Allow access by employees or their representatives to accurate
records of employee exposures to potentially toxic materials or
harmful physical agents.
   (e) Notification of any employee who has been or is being exposed
to toxic materials or harmful physical agents in concentrations or at
levels exceeding those prescribed by an applicable standard, order,
or special order, and informing any employee so exposed of corrective
action being taken.



6409.  (a) Every physician as defined in Section 3209.3 who attends
any injured employee shall file a complete report of every
occupational injury or occupational illness to the employee with the
employer, or if insured, with the employer's insurer, on forms
prescribed for that purpose by the Department of Industrial
Relations. A portion of the form shall be completed by the injured
employee, if he or she is able to do so, describing how the injury or
illness occurred. The form shall be filed within five days of the
initial examination. Inability or failure of an injured employee to
complete his or her portion of the form shall not affect the employee'
s rights under this code, and shall not excuse any delay in filing
the form. The employer or insurer, as the case may be, shall file the
physician's report with the department within five days of receipt.
Each report of occupational injury or occupational illness shall
indicate the social security number of the injured employee. If the
treatment is for pesticide poisoning or a condition suspected to be
pesticide poisoning, the physician shall also file a complete report,
which need not include the affidavit required pursuant to this
section, with the department, and within 24 hours of the initial
examination shall file a complete report with the local health
officer by facsimile transmission or other means. If the treatment is
for pesticide poisoning or a condition suspected to be pesticide
poisoning, the physician shall not be compensated for the initial
diagnosis and treatment unless the report is filed with the employer,
or if insured, with the employer's insurer, and includes or is
accompanied by a signed affidavit which certifies that a copy of the
report was filed with the local health officer pursuant to this
section.
   (b) As used in this section, "occupational illness" means any
abnormal condition or disorder caused by exposure to environmental
factors associated with employment, including acute and chronic
illnesses or diseases which may be caused by inhalation, absorption,
ingestion, or direct contact.



6409.1.  (a) Every employer shall file a complete report of every
occupational injury or occupational illness, as defined in
subdivision (b) of Section 6409, to each employee which results in
lost time beyond the date of the injury or illness, or which requires
medical treatment beyond first aid, with the Department of
Industrial Relations or, if an insured employer, with the insurer, on
a form prescribed for that purpose by the department. A report shall
be filed concerning each injury and illness which has, or is alleged
to have, arisen out of and in the course of employment, within five
days after the employer obtains knowledge of the injury or illness.
Each report of occupational injury or occupational illness shall
indicate the social security number of the injured employee. In the
case of an insured employer, the insurer shall file with the division
immediately upon receipt, a copy of the employer's report, which has
been received from the insured employer. In the event an employer
has filed a report of injury or illness pursuant to this subdivision
and the employee subsequently dies as a result of the reported injury
or illness, the employer shall file an amended report indicating the
death with the department or, if an insured employer, with the
insurer, within five days after the employer is notified or learns of
the death. A copy of any amended reports received by the insurer
shall be filed with the division immediately upon receipt.
   (b) In every case involving a serious injury or illness, or death,
in addition to the report required by subdivision (a), a report
shall be made immediately by the employer to the Division of
Occupational Safety and Health by telephone or telegraph. An employer
who violates this subdivision may be assessed a civil penalty of not
less than five thousand dollars ($5,000). Nothing in this
subdivision shall be construed to increase the maximum civil penalty,
pursuant to Sections 6427 to 6430, inclusive, that may be imposed
for a violation of this section.



6409.2.  Whenever a state, county, or local fire or police agency is
called to an accident involving an employee covered by this part in
which a serious injury or illness, or death occurs, the responding
agency shall immediately notify the nearest office of the Division of
Occupational Safety and Health by telephone. Thereafter, the
division shall immediately notify the appropriate prosecuting
authority of the accident.



6409.3.  In no case shall the treatment administered for pesticide
poisoning or a condition suspected as pesticide poisoning be deemed
to be first aid treatment.



6409.5.  (a) Whenever any local public fire agency has knowledge
that a place of employment where garment manufacturing operations
take place contains fire or safety hazards for which fire and injury
prevention measures have not been taken in accordance with local fire
and life safety ordinances, the agency may notify the Division of
Occupational Safety and Health. This referral shall be made only
after the garment manufacturing employer has been given a reasonable
amount of time to correct violations.
   (b) Whenever the Division of Occupational Safety and Health has
knowledge or reasonable suspicion that a place of employment where
garment manufacturing operations take place contains fire or safety
hazards for which fire and injury prevention measures have not been
taken in accordance with local fire and life safety ordinances, the
division shall notify the appropriate local public fire agency.
   (c) Whenever the Division of Occupational Safety and Health
receives a referral by a local public fire agency pursuant to
subdivision (a) which informs the division that a place of employment
where garment manufacturing operations take place is not safe or is
injurious to the welfare of any employee, it shall constitute a
complaint for purposes of Section 6309 and shall be investigated.
   (d) Whenever a local public fire agency receives a referral by the
Division of Occupational Safety and Health pursuant to subdivision
(b) which informs the local public fire agency that a place of
employment where garment manufacturing operations take place is not
safe or is injurious to the welfare of any employee, the local public
fire agency may investigate the referral at its discretion.
   (e) (1) If the Division of Occupational Safety and Health acquires
knowledge that the garment manufacturing employer is not currently
registered, it shall notify the Division of Labor Standards
Enforcement.
   (2) Local public fire agencies may make referrals of individuals
not registered as garment manufacturers to the Division of Labor
Standards Enforcement.
   (3) Whenever the Division of Labor Standards Enforcement is
informed by the Division of Occupational Safety and Health or by a
local public fire agency that a garment manufacturing employer is
unregistered, the Division of Labor Standards Enforcement shall take
measures it deems appropriate to obtain compliance.



6410.  (a) The reports required by subdivision (a) of Section 6409
and Section 6413 shall be made in the form and detail and within the
time limits prescribed by reasonable rules and regulations adopted by
the Department of Industrial Relations in accordance with Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code.
   (b) Nothing in this chapter requiring recordkeeping and reporting
by employers shall relieve the employer of maintaining records and
making reports to the assistant secretary, United States Department
of Labor, as required under the federal Occupational Safety and
Health Act of 1970 (P.L. 91-596). The Division of Occupational Safety
and Health shall prescribe and provide the forms necessary for
maintenance of the required records, and shall enforce by citation
and penalty assessment any violation of the recordkeeping
requirements of this chapter.
   (c) All state and local government employers shall maintain
records and make reports in the same manner and to the same extent as
required of other employers by this section.



6410.5.  The reports required by subdivision (a) of Section 6409,
subdivision (a) of Section 6409.1, and Section 6413 shall contain,
prominently stated, the statement set forth in Section 5401.7.



6411.  Every employer or insurer receiving forms with directions
from the Department of Industrial Relations to complete them shall
cause them to be properly filled out so as to answer fully and
correctly each question propounded therein. In case of inability to
answer any questions, a good and sufficient reason shall be given for
such failure.



6412.  No report of injury or illness required by subdivision (a) of
Section 6409.1 shall be open to public inspection or made public,
nor shall those reports be admissible as evidence in any adversary
proceeding before the Workers' Compensation Appeals Board. However,
the reports required of physicians by subdivision (a) of Section 6409
shall be admissible as evidence in the proceeding, except that no
physician's report shall be admissible as evidence to bar proceedings
for the collection of compensation, and the portion of any physician'
s report completed by an employee shall not be admissible as evidence
in any proceeding before the Workers' Compensation Appeals Board.



6413.  (a) The Department of Corrections and Rehabilitation, and
every physician or surgeon who attends any injured state prisoner,
shall file with the Division of Occupational Safety and Health a
complete report, on forms prescribed under Sections 6409 and 6409.1,
of every injury to each state prisoner, resulting from any labor
performed by the prisoner unless disability resulting from such
injury does not last through the day or does not require medical
service other than ordinary first aid treatment.
   (b) Where the injury results in death a report, in addition to the
report required by subdivision (a), shall forthwith be made by the
Department of Corrections and Rehabilitation to the Division of
Occupational Safety and Health by telephone or telegraph.
   (c) Except as provided in Section 6304.2, nothing in this section
or in this code shall be deemed to make a prisoner an employee, for
any purpose, of the Department of Corrections and Rehabilitation.
   (d) Notwithstanding subdivision (a), no physician or surgeon who
attends any injured state prisoner outside of a Department of
Corrections and Rehabilitation institution shall be required to file
the report required by subdivision (a), but the Department of
Corrections and Rehabilitation shall file the report.




6413.2.  (a) With regard to any report required by Section 6413, the
Division of Occupational Safety and Health may make recommendations
to the Department of Corrections and Rehabilitation of ways in which
the department might improve the safety of the working conditions and
work areas of state prisoners, and other safety matters. The
Department of Corrections and Rehabilitation shall not be required to
comply with these recommendations.
   (b) With regard to any report required by Section 6413, the
Division of Occupational Safety and Health may, in any case in which
the Department of Corrections and Rehabilitation has not complied
with recommendations made by the division pursuant to subdivision
(b), or in any other case in which the division deems the safety of
any state prisoner shall require it, conduct hearings and, after
these hearings, adopt special orders, rules, or regulations or
otherwise proceed as authorized in Chapter 1 (commencing with Section
6300) of this part as it deems necessary. The Department of
Corrections and Rehabilitation shall comply with any order, rule, or
regulation so adopted by the Division of Occupational Safety and
Health.


6413.5.  Any employer or physician who fails to comply with any
provision of subdivision (a) of Section 6409, or Section 6409.1,
6409.2, 6409.3, or 6410 may be assessed a civil penalty of not less
than fifty dollars ($50) nor more than two hundred dollars ($200) by
the director or his or her designee if he or she finds a pattern or
practice of violations, or a willful violation of any of these
provisions. Penalty assessments may be contested in the manner
provided in Section 3725. Penalties assessed pursuant to this section
shall be deposited in the General Fund.

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6423.  (a) Except where another penalty is specifically provided,
every employer and every officer, management official, or supervisor
having direction, management, control, or custody of any employment,
place of employment, or of any other employee, who does any of the
following is guilty of a misdemeanor:
   (1) Knowingly or negligently violates any standard, order, or
special order, or any provision of this division, or of any part
thereof in, or authorized by, this part the violation of which is
deemed to be a serious violation pursuant to Section 6432.
   (2) Repeatedly violates any standard, order, or special order, or
provision of this division, or any part thereof in, or authorized by,
this part, which repeated violation creates a real and apparent
hazard to employees.
   (3) Knowingly fails to report to the division a death, as required
by subdivision (b) of Section 6409.1.
   (4) Fails or refuses to comply, after notification and expiration
of any abatement period, with any such standard, order, special
order, or provision of this division, or any part thereof, which
failure or refusal creates a real and apparent hazard to employees.
   (5) Directly or indirectly, knowingly induces another to commit
any of the acts in paragraph (1), (2), (3), or (4) of subdivision
(a).
   (b) Any violation of paragraph (1) of subdivision (a) is
punishable by imprisonment in the county jail for a period not to
exceed six months, or by a fine not to exceed five thousand dollars
($5,000), or by both that imprisonment and fine.
   (c) Any violation of paragraph (3) of subdivision (a) is
punishable by imprisonment in county jail for up to one year, or by a
fine not to exceed fifteen thousand dollars ($15,000), or by both
that imprisonment and fine. If the violator is a corporation or a
limited liability company, the fine prescribed by this subdivision
may not exceed one hundred fifty thousand dollars ($150,000).
   (d) Any violation of paragraph (2), (4), or (5) of subdivision (a)
is punishable by imprisonment in a county jail for a term not
exceeding one year, or by a fine not exceeding fifteen thousand
dollars ($15,000), or by both that imprisonment and fine. If the
defendant is a corporation or a limited liability company, the fine
may not exceed one hundred fifty thousand dollars ($150,000).
   (e) In determining the amount of fine to impose under this
section, the court shall consider all relevant circumstances,
including, but not limited to, the nature, circumstance, extent, and
gravity of the violation, any prior history of violations by the
defendant, the ability of the defendant to pay, and any other matters
the court determines the interests of justice require.



6425.  (a) Any employer and any employee having direction,
management, control, or custody of any employment, place of
employment, or of any other employee, who willfully violates any
occupational safety or health standard, order, or special order, or
Section 25910 of the Health and Safety Code, and that violation
caused death to any employee, or caused permanent or prolonged
impairment of the body of any employee, is guilty of a public offense
punishable by imprisonment in a county jail for a term not exceeding
one year, or by a fine not exceeding one hundred thousand dollars
($100,000), or by both that imprisonment and fine; or by imprisonment
in the state prison for 16 months, or two or three years, or by a
fine of not more than two hundred fifty thousand dollars ($250,000),
or by both that imprisonment and fine; and in either case, if the
defendant is a corporation or a limited liability company, the fine
may not exceed one million five hundred thousand dollars
($1,500,000).
   (b) If the conviction is for a violation committed within seven
years after a conviction under subdivision (b), (c), or (d) of
Section 6423 or subdivision (c) of Section 6430, punishment shall be
by imprisonment in state prison for a term of 16 months, two, or
three years, or by a fine not exceeding two hundred fifty thousand
dollars ($250,000), or by both that fine and imprisonment, but if the
defendant is a corporation or limited liability company, the fine
may not be less than five hundred thousand dollars ($500,000) or more
than two million five hundred thousand dollars ($2,500,000).
   (c) If the conviction is for a violation committed within seven
years after a first conviction of the defendant for any crime
involving a violation of subdivision (a), punishment shall be by
imprisonment pursuant to subdivision (h) of Section 1170 of the Penal
Code for two, three, or four years, or by a fine not exceeding two
hundred fifty thousand dollars ($250,000), or by both that fine and
imprisonment, but if the defendant is a corporation or a limited
liability company, the fine shall not be less than one million
dollars ($1,000,000) but may not exceed three million five hundred
thousand dollars ($3,500,000).
   (d) In determining the amount of fine to be imposed under this
section, the court shall consider all relevant circumstances,
including, but not limited to, the nature, circumstance, extent, and
gravity of the violation, any prior history of violations by the
defendant, the ability of the defendant to pay, and any other matters
the court determines the interests of justice require.
   (e) As used in this section, "willfully" has the same definition
as it has in Section 7 of the Penal Code. This subdivision is
intended to be a codification of existing law.
   (f) This section does not prohibit a prosecution under Section 192
of the Penal Code.


6426.  Whoever knowingly makes any false statement, representation,
or certification in any application, record, report, plan, or other
document filed or required to be maintained pursuant to this division
shall, upon conviction, be punished by a fine of not more than
seventy thousand dollars ($70,000), or by imprisonment for not more
than six months, or by both.



6427.  Any employer who violates any occupational safety or health
standard, order, or special order, or Section 25910 of the Health and
Safety Code, and the violation is specifically determined not to be
of a serious nature, may be assessed a civil penalty of up to seven
thousand dollars ($7,000) for each violation.


6428.  Any employer who violates any occupational safety or health
standard, order, or special order, or Section 25910 of the Health and
Safety Code, if that violation is a serious violation, shall be
assessed a civil penalty of up to twenty-five thousand dollars
($25,000) for each violation. Employers who do not have an operative
injury prevention program shall receive no adjustment for good faith
of the employer or history of previous violations as provided in
paragraphs (3) and (4) of subdivision (c) of Section 6319.



6428.5.  An employer's injury prevention program shall be deemed to
be operative for the purposes of Sections 6427 and 6428 if it meets
the criteria for substantial compliance established by the standards
board pursuant to Section 6401.7.


6429.  (a) Any employer who willfully or repeatedly violates any
occupational safety or health standard, order, or special order, or
Section 25910 of the Health and Safety Code, may be assessed a civil
penalty of not more than seventy thousand dollars ($70,000) for each
violation, but in no case less than five thousand dollars ($5,000)
for each willful violation.
   (b) Any employer who repeatedly violates any occupational safety
or health standard, order, or special order, or Section 25910 of the
Health and Safety Code, shall not receive any adjustment of a penalty
assessed pursuant to this section on the basis of the regulations
promulgated pursuant to subdivision (c) of Section 6319 pertaining to
the good faith of the employer or the history of previous violations
of the employer.
   (c) The division shall preserve and maintain records of its
investigations and inspections and citations for a period of not less
than seven years.


6430.  (a) Any employer who fails to correct a violation of any
occupational safety or health standard, order, or special order, or
Section 25910 of the Health and Safety Code, within the period
permitted for its correction shall be assessed a civil penalty of not
more than fifteen thousand dollars ($15,000) for each day during
which the failure or violation continues.
   (b) Notwithstanding subdivision (a), for any employer who submits
a signed statement affirming compliance with the abatement terms
pursuant to Section 6320, and is found upon a reinspection not to
have abated the violation, any adjustment to the civil penalty based
on abatement shall be rescinded and the additional civil penalty
assessed for failure to abate shall not be adjusted for good faith of
the employer or history of previous violations as provided in
paragraphs (3) and (4) of subdivision (c) of Section 6319.
   (c) Notwithstanding subdivision (a), any employer who submits a
signed statement affirming compliance with the abatement terms
pursuant to subdivision (b) of Section 6320, and is found not to have
abated the violation, is guilty of a public offense punishable by
imprisonment in a county jail for a term not exceeding one year, or
by a fine not exceeding thirty thousand dollars ($30,000), or by both
that fine and imprisonment; but if the defendant is a corporation or
a limited liability company the fine shall not exceed three hundred
thousand dollars ($300,000). In determining the amount of the fine to
be imposed under this section, the court shall consider all relevant
circumstances, including, but not limited to, the nature,
circumstance, extent, and gravity of the violation, any prior history
of violations by the defendant, the ability of the defendant to pay,
and any other matters the court determines the interests of justice
require. Nothing in this section shall be construed to prevent
prosecution under any law that may apply.



6431.  Any employer who violates any of the posting or recordkeeping
requirements as prescribed by regulations adopted pursuant to
Sections 6408 and 6410, or who fails to post any notice required by
Section 3550, shall be assessed a civil penalty of up to seven
thousand dollars ($7,000) for each violation.



6432.  (a) There shall be a rebuttable presumption that a "serious
violation" exists in a place of employment if the division
demonstrates that there is a realistic possibility that death or
serious physical harm could result from the actual hazard created by
the violation. The demonstration of a violation by the division is
not sufficient by itself to establish that the violation is serious.
The actual hazard may consist of, among other things:
   (1) A serious exposure exceeding an established permissible
exposure limit.
   (2) The existence in the place of employment of one or more unsafe
or unhealthful practices, means, methods, operations, or processes
that have been adopted or are in use.
   (b) (1) Before issuing a citation alleging that a violation is
serious, the division shall make a reasonable attempt to determine
and consider, among other things, all of the following:
   (A) Training for employees and supervisors relevant to preventing
employee exposure to the hazard or to similar hazards.
   (B) Procedures for discovering, controlling access to, and
correcting the hazard or similar hazards.
   (C) Supervision of employees exposed or potentially exposed to the
hazard.
   (D) Procedures for communicating to employees about the employer's
health and safety rules and programs.
   (E) Information that the employer wishes to provide, at any time
before citations are issued, including, any of the following:
   (i) The employer's explanation of the circumstances surrounding
the alleged violative events.
   (ii) Why the employer believes a serious violation does not exist.
   (iii) Why the employer believes its actions related to the alleged
violative events were reasonable and responsible so as to rebut,
pursuant to subdivision (c), any presumption established pursuant to
subdivision (a).
   (iv) Any other information that the employer wishes to provide.
   (2) The division shall satisfy its requirement to determine and
consider the facts specified in paragraph (1) if, not less than 15
days prior to issuing a citation for a serious violation, the
division delivers to the employer a standardized form containing the
alleged violation descriptions ("AVD") it intends to cite as serious
and clearly soliciting the information specified in this subdivision.
The director shall prescribe the form for the alleged violation
descriptions and solicitation of information. Any forms issued
pursuant to this section shall be exempt from the rulemaking
provisions of the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code).
   (c) If the division establishes a presumption pursuant to
subdivision (a) that a violation is serious, the employer may rebut
the presumption and establish that a violation is not serious by
demonstrating that the employer did not know and could not, with the
exercise of reasonable diligence, have known of the presence of the
violation. The employer may accomplish this by demonstrating both of
the following:
   (1) The employer took all the steps a reasonable and responsible
employer in like circumstances should be expected to take, before the
violation occurred, to anticipate and prevent the violation, taking
into consideration the severity of the harm that could be expected to
occur and the likelihood of that harm occurring in connection with
the work activity during which the violation occurred. Factors
relevant to this determination include, but are not limited to, those
listed in subdivision (b).
   (2) The employer took effective action to eliminate employee
exposure to the hazard created by the violation as soon as the
violation was discovered.
   (d) If the employer does not provide information in response to a
division inquiry made pursuant to subdivision (b), the employer shall
not be barred from presenting that information at the hearing and no
negative inference shall be drawn. The employer may offer different
information at the hearing than what was provided to the division and
may explain any inconsistency, but the trier of fact may draw a
negative inference from the prior inconsistent factual information.
The trier of fact may also draw a negative inference from factual
information offered at the hearing by the division that is
inconsistent with factual information provided to the employer
pursuant to subdivision (b), or from a failure by the division to
provide the form setting forth the descriptions of the alleged
violation and soliciting information pursuant to subdivision (b).
   (e) "Serious physical harm," as used in this part, means any
injury or illness, specific or cumulative, occurring in the place of
employment or in connection with any employment, that results in any
of the following:
   (1) Inpatient hospitalization for purposes other than medical
observation.
   (2) The loss of any member of the body.
   (3) Any serious degree of permanent disfigurement.
   (4) Impairment sufficient to cause a part of the body or the
function of an organ to become permanently and significantly reduced
in efficiency on or off the job, including, but not limited to,
depending on the severity, second-degree or worse burns, crushing
injuries including internal injuries even though skin surface may be
intact, respiratory illnesses, or broken bones.
   (f) Serious physical harm may be caused by a single, repetitive
practice, means, method, operation, or process.
   (g) A division safety engineer or industrial hygienist who can
demonstrate, at the time of the hearing, that his or her
division-mandated training is current shall be deemed competent to
offer testimony to establish each element of a serious violation, and
may offer evidence on the custom and practice of injury and illness
prevention in the workplace that is relevant to the issue of whether
the violation is a serious violation.



6433.  The civil penalties set forth in Sections 6427 to 6431,
inclusive, shall not be considered as other penalties specifically
provided within the meaning of Section 6423.



6434.  (a) Any civil or administrative penalty assessed pursuant to
this chapter against a school district, county board of education,
county superintendent of schools, charter school, community college
district, California State University, University of California, or
joint powers agency performing education functions shall be deposited
with the Workplace Health and Safety Revolving Fund established
pursuant to Section 78.
   (b) Any school district, county board of education, county
superintendent of schools, charter school, community college
district, California State University, University of California, or
joint powers agency performing education functions may apply for a
refund of their civil penalty, with interest, if all conditions
previously cited have been abated, they have abated any other
outstanding citation, and if they have not been cited by the division
for a serious violation at the same school within two years of the
date of the original violation. Funds not applied for within two
years and six months of the time of the original violation shall be
expended as provided for in Section 78 to assist schools in
establishing effective occupational injury and illness prevention
programs.



6434.5.  (a) Any civil or administrative penalty assessed pursuant
to this chapter against a public police or city, county, or special
district fire department or the California Department of Forestry and
Fire Protection shall be deposited into the Workers' Compensation
Administration Revolving Fund established pursuant to Section 62.5.
   (b) Any public police or city, county, or special district fire
department or the California Department of Forestry and Fire
Protection may apply for a refund of any civil or administrative
penalty assessed pursuant to this chapter, with interest, if all
conditions previously cited have been abated, the department has
abated any other outstanding citation, and the department has not
been cited by the division for a serious violation within two years
of the date of the original violation. Funds received as a result of
a penalty, for which a refund is not applied for within two years and
six months of the time of the original violation, shall be expended
in accordance with Section 78 as follows:
   (1) Funds received as a result of a civil or administrative
penalty imposed on a city, county, or special district fire
department or the California Department of Forestry and Fire
Protection shall be allocated to the California Firefighter Joint
Apprenticeship Program for the purpose of establishing and
maintaining effective occupational injury and illness prevention
programs.
   (2) Funds received as a result of a civil or administrative
penalty imposed on a police department shall be allocated to the
Office of Criminal Justice Planning, or any succeeding agency, for
the purpose of establishing and maintaining effective occupational
injury and illness prevention programs.
   (c) This section does not apply to that portion of any civil or
administrative penalty that is distributed directly to an aggrieved
employee or employees pursuant to the provisions of Section 2699.




6435.  (a) Any employer who violates any of the requirements of
Chapter 6 (commencing with Section 6500) of this part shall be
assessed a civil penalty under the appropriate provisions of Sections
6427 to 6430, inclusive.
   (b) This section shall become inoperative on January 1, 1987, and
shall remain inoperative until January 1, 1991, at which time it
shall become operative, unless a later enacted statute, which becomes
effective on or before January 1, 1991, deletes or extends that
date.



6436.  The criminal complaint regarding a violation of Section
6505.5 may be brought by the Attorney General or by the district
attorney or prosecuting attorney of any city, in the superior court
of any county in the state with jurisdiction over the contractor or
employer, by reason of the contractor's or employer's act or failure
to act within that county. Any penalty assessed by the court shall be
paid to the office of the prosecutor bringing the complaint, but if
the case was referred to the prosecutor by the division, or some
other governmental unit, one-half of the civil or criminal penalty
assessed shall be paid to that governmental unit.

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6450.  (a) Any employer may apply to the division for a temporary
order granting a variance from an occupational safety or health
standard. Such temporary order shall be granted only if the employer
files an application which meets the requirements of Section 6451,
and establishes that (1) he is unable to comply with a standard by
its effective date because of unavailability of professional or
technical personnel or of materials and equipment needed to come into
compliance with the standard or because necessary construction or
alteration of facilities cannot be completed by the effective date,
(2) he is taking all available steps to safeguard his employees
against the hazards covered by the standard, and (3) he has an
effective program for coming into compliance with the standard as
quickly as practicable.
   (b) Any temporary order issued under this section shall prescribe
the practices, means, methods, operations, and processes which the
employer must adopt and use while the order is in effect and state in
detail his program for coming into compliance with the standard.
Such a temporary order may be granted only after notice to employees
and an opportunity for a hearing. However, the division may issue one
interim order for a temporary variance upon submission of an
application showing that the employment or place of employment will
be safe for employees pending a hearing on the application for a
temporary variance. No temporary order may be in effect for longer
than the period needed by the employer to achieve compliance with the
standard or one year, whichever is shorter, except that such an
order may be renewed not more than twice provided that the
requirements of this section are met and an application for renewal
is filed prior to the expiration date of the order. No single renewal
of an order may remain in effect for longer than 180 days.



6451.  An application for a temporary order under Section 6450 shall
contain all of the following:
   (a) A specification of the standard or portion thereof from which
the employer seeks a variance.
   (b) A representation by the employer, supported by representations
from qualified persons having firsthand knowledge of the facts
represented, that he is unable to comply with the standard or portion
thereof and a detailed statement of the reasons therefor.
   (c) A statement of the steps he has taken and will take, with
specific dates, to protect employees against the hazard covered by
the standard.
   (d) A statement of when he expects to be able to comply with the
standard and what steps he has taken and what steps he will take,
with dates specified, to come into compliance with the standard.
   (e) A certification that he has informed his employees of the
application by giving a copy thereof to their authorized
representative, posting a statement giving a summary of the
application and specifying where a copy may be examined at the place
or places where notices to employees are normally posted, and by
other appropriate means. A description of how employees have been
informed shall be contained in the certification. The information to
employees shall also inform them of their right to petition the
division for a hearing.


6452.  The division is authorized to grant a temporary variance from
any standard or portion thereof whenever it determines such variance
is necessary to permit an employer to participate in an experiment
approved by the director designed to demonstrate or validate new and
improved techniques to safeguard the health or safety of workers.




6454.  The division may, in accordance with Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code, make such rules and regulations as are reasonably
necessary to carry out the provisions of this chapter and to
establish rules and regulations relating to the granting or denial of
temporary variances.



6455.  Any employer or other person adversely affected by the
granting or denial of a temporary variance may appeal to the
standards board within 15 working days from receipt of the notice
granting or denying the variance. The 15-day period may be extended
by the standards board for good cause.



6456.  A decision of the standards board on a variance appeal is
binding on the director and the division with respect to the parties
involved in the particular appeal. The director shall have the right
to seek judicial review of a standards board decision irrespective of
whether he appeared or participated in the appeal to the standards
board.



6457.  The standards board shall conduct hearings and render
decisions on appeals of decisions of the division relating to
allowance or denial of temporary variances. All board decisions on
such variance appeals shall be in writing and shall be final except
for any rehearing or judicial review.

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6500.  (a) For those employments or places of employment that by
their nature involve a substantial risk of injury, the division shall
require the issuance of a permit prior to the initiation of any
practices, work, method, operation, or process of employment. The
permit requirement of this section is limited to employment or places
of employment that are any of the following:
   (1) Construction of trenches or excavations that are five feet or
deeper and into which a person is required to descend.
   (2) The construction of any building, structure, falsework, or
scaffolding more than three stories high or the equivalent height.
   (3) The demolition of any building, structure, falsework, or
scaffold more than three stories high or the equivalent height.
   (4) The underground use of diesel engines in work in mines and
tunnels.
   This subdivision does not apply to motion picture, television, or
theater stages or sets, including, but not limited to, scenery,
props, backdrops, flats, greenbeds, and grids.
   (b) On or after January 1, 2000, this subdivision shall apply to
motion picture, television, or theater stages or sets, if there has
occurred within any one prior calendar year in any combination at
separate locations three serious injuries, fatalities, or serious
violations related to the construction or demolition of sets more
than 36 feet in height for the motion picture, television, and
theatrical production industry.
   An annual permit shall be required for employers who construct or
dismantle motion picture, television, or theater stages or sets that
are more than three stories or the equivalent height. A single permit
shall be required under this subdivision for each employer,
regardless of the number of locations where the stages or sets are
located. An employer with a currently valid annual permit issued
under this subdivision shall not be required to provide notice to the
division prior to commencement of any work activity authorized by
the permit. The division may adopt procedures to permit employers to
renew by mail the permits issued under this subdivision. For purposes
of this subdivision, "motion picture, television, or theater stages
or sets" include, but are not limited to, scenery, props, backdrops,
flats, greenbeds, and grids.



6501.  Any employer subject to Section 6500 shall apply to the
division for a permit pursuant to Section 6500. Such application for
a permit shall contain such information as the division may deem
necessary to evaluate the safety of the proposed employment or place
of employment.
   An application by an employer shall include a provision that the
applicant has knowledge of applicable occupational safety and health
standards and will comply with such standards and any other lawful
order of the division.



6501.5.  Effective January 1, 1987, any employer or contractor who
engages in asbestos-related work, as defined in Section 6501.8, and
which involves 100 square feet or more of surface area of
asbestos-containing material, shall register with the division.
   The division may grant registration based on a determination that
the employer has demonstrated evidence that the conditions,
practices, means, methods, operations, or processes used, or proposed
to be used, will provide a safe and healthful place of employment.
This section is not intended to supersede existing laws and
regulations under Title 8, California Administrative Code, Section
5208.
   An application for registration shall contain such information and
attachments, given under penalty of perjury, as the division may
deem necessary to evaluate the safety and health of the proposed
employment or place of employment. It shall include, but not be
limited to, all of the following:
   (a) Every employer shall meet each of the following criteria:
   (1) If the employer is a contractor, the contractor shall be
certified pursuant to Section 7058.5 of the Business and Professions
Code.
   (2) Provide health insurance coverage to cover the entire cost of
medical examinations and monitoring required by law and be insured
for workers' compensation, or provide a five hundred dollar ($500)
trust account for each employee engaged in asbestos-related work. The
health insurance coverage may be provided through a union,
association, or employer.
   (3) Train and certify all employees in accordance with all
training required by law and Title 8 of the California Administrative
Code.
   (4) Be proficient and have the necessary equipment to safely do
asbestos-related work.
   (b) Provide written notice to the division of each separate job or
phase of work, where the work process used is different or the work
is performed at noncontiguous locations, noting all of the following:
   (1) The address of the job.
   (2) The exact physical location of the job at that address.
   (3) The start and projected completion date.
   (4) The name of a certified supervisor with sufficient experience
and authority who shall be responsible for the asbestos-related work
at that job.
   (5) The name of a qualified person, who shall be responsible for
scheduling any air sampling, laboratory calibration of air sampling
equipment, evaluation of sampling results, and conducting respirator
fit testing and evaluating the results of those tests.
   (6) The type of work to be performed, the work practices that will
be utilized, and the potential for exposure.
   Should any change be necessary, the employer or contractor shall
so inform the division at or before the time of the change. Any oral
notification shall be confirmed in writing.
   (c) Post the location where any asbestos-related work occurs so as
to be readable at 20 feet stating, "Danger--Asbestos. Cancer and
Lung Hazard. Keep Out."
   (d) A copy of the registration shall be provided before the start
of the job to the prime contractor or other employers on the site and
shall be posted on the jobsite beside the Cal-OSHA poster.
   (e) The division shall obtain the services of three industrial
hygienists and one clerical employee to implement and to enforce the
requirements of this section unless the director makes a finding that
these services are not necessary or that the services are not
obtainable due to a lack of qualified hygienists applying for
available positions. Funding may, at the director's discretion, be
appropriated from the Asbestos Abatement Fund.
   (f) Not later than January 1, 1987, the Division of Occupational
Safety and Health shall propose to the Occupational Safety and Health
Standards Board for review and adoption a regulation concerning
asbestos-related work, as defined in Section 6501.8, which involves
100 square feet or more of surface area of asbestos-containing
material. The regulation shall protect most effectively the health
and safety of employees and shall include specific requirements for
certification of employees, supervisors with sufficient experience
and authority to be responsible for asbestos-related work, and a
qualified person who shall be responsible for scheduling any air
sampling, for arranging for calibration of the air sampling equipment
and for analysis of the air samples by a NIOSH approved method, for
conducting respirator fit testing, and for evaluating the results of
the air sampling.
   The Division of Occupational Safety and Health shall also propose
a regulation to the Occupational Safety and Health Standards Board
for review and adoption specifying sampling methodology for use in
taking air samples.


6501.7.  "Asbestos" means fibrous forms of various hydrated
minerals, including chrysotile (fibrous serpentine), crocidolite
(fibrous riebecktite), amosite (fibrous cummingtonite--grunerite),
fibrous tremolite, fibrous actinolite, and fibrous anthophyllite.




6501.8.  (a) For purposes of this chapter, "asbestos-related work"
means any activity which by disturbing asbestos-containing
construction materials may release asbestos fibers into the air and
which is not related to its manufacture, the mining or excavation of
asbestos-bearing ore or materials, or the installation or repair of
automotive materials containing asbestos.
   (b) For purposes of this chapter, "asbestos containing
construction material" means any manufactured construction material
that contains more than one-tenth of 1 percent asbestos by weight.
   (c) For purposes of this chapter, "asbestos-related work" does not
include the installation, repair, maintenance, or nondestructive
removal of asbestos cement pipe used outside of buildings, if the
installation, repair, maintenance, or nondestructive removal of
asbestos cement pipe does not result in asbestos exposures to
employees in excess of the action level determined in accordance with
Sections 1529 and 5208 of Title 8 of the California Code of
Regulations, and if the employees and supervisors involved in the
operation have received training through a task-specific training
program, approved pursuant to Section 9021.9, with written
certification of completion of that training by the training entity
responsible for the training.



6501.9.  The owner of a commercial or industrial building or
structure, employer, or contractor who engages in, or contracts for,
asbestos-related work shall make a good faith effort to determine if
asbestos is present before the work is begun. The contractor or
employer shall first inquire of the owner if asbestos is present in
any building or structure built prior to 1978.



6502.  The division may issue a permit based on a determination the
employer has demonstrated evidence that the conditions, practices,
means, methods, operations or processes used or proposed to be used
will provide a safe and healthful place of employment. The division
may issue a single permit for two or more projects to be performed by
a single employer if similar conditions exist on each project and
the chief or his representative is satisfied an adequate safety
program has been developed for all the projects. The division may,
upon its motion, conduct any investigation or hearing it deems
necessary for the purpose of this section, and may require a safety
conference prior to the start of actual work.



6503.  A safety conference shall include representatives of the
owner or contracting agency, the contractor, the employer, employees
and employee representatives. The safety conference shall include a
discussion of the employer's safety program and such means, methods,
devices, processes, practices, conditions or operations as he intends
to use in providing safe employment and a safe place of employment.




6503.5.  A safety conference shall be held for all asbestos handling
jobs prior to the start of actual work. It shall include
representatives of the owner or contracting agency, the contractor,
the employer, employees, and employee representatives. It shall
include a discussion of the employer's safety program and such means,
methods, devices, processes, practices, conditions, or operations as
the employer intends to use in providing a safe place of employment.



6504.  Any employer issued a permit pursuant to this chapter shall
post a copy or copies of the permit pursuant to subdivision (a) of
Section 6408.


6505.  The division may at any time, upon good cause being shown
therefor, and after notice and an opportunity to be heard revoke any
permit issued pursuant to this chapter.



6505.5.  (a) The division may, upon good cause shown, and after
notice to the employer or contractor by the division and an
opportunity to be heard, revoke or suspend any registration issued to
the employer or contractor to do asbestos-related work until certain
specified written conditions are met.
   (b) Any person who owns a commercial or industrial building or
structure, any employer who engages in or contracts for
asbestos-related work, any contractor, public agency, or any employee
acting for any of the foregoing, who, contracts for, or who begins,
asbestos-related work in any commercial or industrial building or
structure built prior to 1978 without first determining if
asbestos-containing material is present, and thereby fails to comply
with the applicable laws and regulations, is subject to one of the
following penalties:
   (1) For a knowing or negligent violation, a fine of not more than
five thousand dollars ($5,000) or imprisonment in the county jail for
not more than six months, or both the fine and imprisonment.
   (2) For a willful violation which results in death, serious injury
or illness, or serious exposure, a fine of not more than ten
thousand dollars ($10,000) or imprisonment in the county jail for not
more than one year, or both the fine and imprisonment. A second or
subsequent conviction under this paragraph may be punishable by a
fine of not more than twenty thousand dollars ($20,000) or by
imprisonment in the county jail for not more than one year, or by
both the fine and imprisonment.
   (3) A civil penalty of not more than two thousand dollars ($2,000)
for each violation, to be imposed pursuant to the procedures set
forth in Sections 6317, 6318, and 6319.
   (4) For a willful or repeat violation, a civil penalty of not more
than twenty thousand dollars ($20,000) for each violation.
   (c) It is a defense to an action for violation of this section if
the owner, contractor, employer, public agency, or agent thereof,
proves, by a preponderance of the evidence, that he or she made a
reasonable effort to determine whether asbestos was present.



6506.  (a) Any employer denied a permit upon application, or whose
permit is revoked, may appeal such denial or revocation to the
director.
   (b) The filing of an appeal to the director from a permit
revocation by the division shall not stay the revocation. Upon
application by the employer with proper notice to the division, and
after an opportunity for the division to respond to the application,
the director may issue an order staying the revocation while the
appeal is pending.



6507.  The division shall set a fee to be charged for such permits
in an amount reasonably necessary to cover the costs involved in
investigating and issuing such permits.



6508.  No permit shall be required of the State of California, a
city, city and county, county, district, or public utility subject to
the jurisdiction of the Public Utilities Commission.



6508.5.  No entity shall be exempt from registration. The State of
California, a city, city and county, county, district, or public
utility subject to the jurisdiction of the Public Utilities
Commission, shall be required to apply for a registration through the
designated chief executive officer of that body. No registration
fees shall be required of any public agencies.



6509.  Any person, or agent or officer thereof, who violates this
chapter is guilty of a misdemeanor.



6509.5.  (a) If an asbestos consultant has made an inspection for
the purpose of determining the presence of asbestos or the need for
related remedial action with knowledge that the report has been
required by a person as a condition of making a loan of money secured
by the property, or is required by a public entity as a condition of
issuing a permit concerning the property, the asbestos consultant or
any employee, subsidiary, or any company with common ownership,
shall not require, as a condition of performing the inspection, that
the consultant also perform any corrective work on the property that
was recommended in the report.
   (b) This section does not prohibit an asbestos consultant that has
contracted to perform corrective work after the report of another
company has indicated the presence of asbestos or the need for
related remedial action from making its own inspection prior to
performing that corrective work or from making an inspection to
determine whether the corrective measures were successful and, if
not, thereafter performing additional corrective work.
   (c) A violation of this section is grounds for disciplinary action
against any asbestos consultant who engages in that work pursuant to
any license from a state agency.
   (d) A violation of this section is a misdemeanor punishable by a
fine of not less than three thousand dollars ($3,000) and not more
than five thousand dollars ($5,000), or by imprisonment in the county
jail for not more than one year, or both.
   (e) For the purpose of this section:
   (1) "Asbestos consultant" means any person who, for compensation,
inspects property to identify asbestos containing materials,
determining the risks, or the need for related remedial action.
   (2) "Asbestos" has the meaning set forth in Section 6501.7.



6510.  (a) If, after inspection or investigation, the division finds
that an employer, without a valid permit, is engaging in activity
for which a permit is required, it may, through its attorneys, apply
to the superior court of the county in which such activity is taking
place for an injunction restraining such activity.
   (b) The application to the superior court, accompanied by an
affidavit showing that the employer, without a valid permit, is
engaging in activity for which a permit is required, is a sufficient
prima facie showing to warrant, in the discretion of the court, the
immediate granting of a temporary restraining order. No bond shall be
required of the division as a prerequisite to the granting of any
restraining order.

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6600.  Any employer served with a citation or notice pursuant to
Section 6317, or a notice of proposed penalty under this part, or any
other person obligated to the employer as specified in subdivision
(b) of Section 6319, may appeal to the appeals board within 15
working days from the receipt of such citation or such notice with
respect to violations alleged by the division, abatement periods,
amount of proposed penalties, and the reasonableness of the changes
required by the division to abate the condition.



6600.5.  Any employer served with a special order or any action
order by the division pursuant to Section 6308, or any other person
obligated to the employer as specified in subdivision (b) of Section
6319, may appeal to the appeals board within 15 working days from the
receipt of the order with respect to the action ordered by the
division, abatement periods, the reasonableness of the changes
required by the division to abate the condition.



6601.  If within 15 working days from receipt of the citation or
notice of civil penalty issued by the division, the employer fails to
notify the appeals board that he intends to contest the citation or
notice of proposed penalty, and no notice contesting the abatement
period is filed by any employee or representative of the employee
within such time, the citation or notice of proposed penalty shall be
deemed a final order of the appeals board and not subject to review
by any court or agency. The 15-day period may be extended by the
appeals board for good cause.



6601.5.  If, within 15 working days from receipt of a special order,
or action order by the division, the employer fails to notify the
appeals board that he or she intends to contest the order, and no
notice contesting the abatement period is filed by any employee or
representative of the employee within that time, the order shall be
deemed a final order of the appeals board and not subject to review
by any court or agency. The 15-day period may be extended by the
appeals board for good cause.



6602.  If an employer notifies the appeals board that he or she
intends to contest a citation issued under Section 6317, or notice of
proposed penalty issued under Section 6319, or order issued under
Section 6308, or if, within 15 working days of the issuance of a
citation or order any employee or representative of an employee files
a notice with the division or appeals board alleging that the period
of time fixed in the citation or order for the abatement of the
violation is unreasonable, the appeals board shall afford an
opportunity for a hearing. The appeals board shall thereafter issue a
decision, based on findings of fact, affirming, modifying or
vacating the division's citation, order, or proposed penalty, or
directing other appropriate relief.



6603.  (a) The rules of practice and procedure adopted by the
appeals board shall be consistent with Article 8 (commencing with
Section 11435.05) of Chapter 4.5 of Part 1 of Division 3 of Title 2
of, and Sections 11507, 11507.6, 11507.7, 11513, 11514, 11515, and
11516 of, the Government Code, and shall provide affected employees
or representatives of affected employees an opportunity to
participate as parties to a hearing under Section 6602.
   (b) The superior courts shall have jurisdiction over contempt
proceedings, as provided in Article 12 (commencing with Section
11455.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the
Government Code.



6604.  The appeals board may, in accordance with rules of practice
and procedure which it shall adopt, direct and order a hearing
officer:
   (a) To try the issues in any proceeding before it, whether of fact
or of law, and make and file a finding, order, or decision based
thereon.
   (b) To hold hearings and ascertain facts necessary to enable the
appeals board to determine any proceeding or to make any order or
decision that the appeals board is authorized to make, or necessary
for the information of the appeals board.



6605.  The appeals board may appoint one or more hearing officers in
any proceeding, as it may deem necessary or advisable, and may
defer, remove to itself, or transfer to a hearing officer the
proceedings on any appeal. Any hearing officer appointed by the
appeals board has the powers, jurisdiction, and authority granted by
law, by the order of appointment, and by the rules of the appeals
board.



6606.  Any party to the proceeding may object to the reference of
the proceeding to a particular hearing officer upon any one or more
of the grounds specified in Section 641 of the Code of Civil
Procedure and such objection shall be heard and disposed of by the
appeals board. Affidavits may be read and witnesses examined as to
such objections.



6607.  Before entering upon his duties, the hearing officer shall be
sworn, before an officer authorized to administer oaths, faithfully
and fairly to hear and determine the matters and issues referred to
him, to make just findings and to report according to his
understanding. In any proceedings under this chapter, the hearing
officer shall have the power to administer oaths and affirmations and
to certify official acts.



6608.  The appeals board or a hearing officer shall, within 30 days
after the case is submitted, make and file findings upon all facts
involved in the appeal and file an order or decision. Together with
the findings or the decision, there shall be served upon all the
parties to the proceedings a summary of the evidence received and
relied upon and the reasons or grounds upon which the decision was
made.



6609.  Within 30 days after the filing of the findings, decision, or
order, the appeals board may confirm, adopt, modify or set aside the
findings, order, or decision of a hearing officer and may, with or
without further proceedings, and with or without notice, enter its
order, findings, or decision based upon the record in the case.




6610.  Any notice, order, or decision required by this part to be
served upon any person either before, during, or after the
institution of any proceeding before the appeals board, shall be
served in the manner provided by Chapter 5 (commencing with Section
1010) of Title 14 of Part 2 of the Code of Civil Procedure, unless
otherwise directed by the appeals board. In the latter event the
document shall be served in accordance with the order or direction of
the appeals board. The appeals board may, in the cases mentioned in
the Code of Civil Procedure, order service to be made by publication
of notice of time and place of hearing. Where service is ordered to
be made by publication the date of the hearing shall be fixed at more
than 30 days from the date of filing the application.



6611.  (a) If the employer fails to appear, the appeals board may
dismiss the appeal or may take action upon the employer's express
admissions or upon other evidence, and affidavits may be used without
any notice to the employer. Where the burden of proof is upon the
employer to establish the appeals board action sought, the appeals
board may act without taking evidence. Nothing in this section shall
be construed to deprive the employer of the right to make any showing
by way of mitigation.
   (b) The appeal may be reinstated by the appeals board upon a
showing of good cause by the employer for his failure to appear.



6612.  No informality in any proceeding or in the manner of taking
testimony shall invalidate any order, decision, or finding made and
filed as specified in this division. No order, decision, or finding
shall be invalidated because of the admission into the record, and
use as proof of any fact in dispute of any evidence not admissible
under the common law or statutory rules of evidence and procedure.




6613.  The appeals board, a hearing officer, or any party to the
action or proceeding, may, in any investigation or hearing before the
appeals board, cause the deposition of witnesses residing within or
without the state to be taken in the manner prescribed by law for
like depositions in civil actions in the superior courts of this
state under Title 4 (commencing with Section 2016.010) of Part 4 of
the Code of Civil Procedure. To that end the attendance of witnesses
and the production of records may be required. Depositions may be
taken outside the state before any officer authorized to administer
oaths. The appeals board or a hearing officer in any proceeding
before the appeals board may cause evidence to be taken in other
jurisdictions before the agency authorized to hear similar matters in
such other jurisdictions.



6614.  (a) At any time within 30 days after the service of any final
order or decision made and filed by the appeals board or a hearing
officer, any party aggrieved directly or indirectly by any final
order or decision, made and filed by the appeals board or a hearing
officer under any provision contained in this division, may petition
the appeals board for reconsideration in respect to any matters
determined or covered by the final order or decision and specified in
the petition for reconsideration. Such petition shall be made only
within the time and in the manner specified in this chapter.
   (b) At any time within 30 days after the filing of an order or
decision made by a hearing officer and the accompanying report, the
appeals board may, on its own motion, grant reconsideration.



6615.  No cause of action arising out of any final order or decision
made and filed by the appeals board or a hearing officer shall
accrue in any court to any person until and unless the appeals board
on its own motion sets aside such final order or decision and removes
such proceeding to itself or such person files a petition for
reconsideration, and such reconsideration is granted or denied.
Nothing herein contained shall prevent the enforcement of any such
final order or decision, in the manner provided in this division.



6616.  The petition for reconsideration shall set forth specifically
and in full detail the grounds upon which the petitioner considers
the final order or decision made and filed by the appeals board or a
hearing officer to be unjust or unlawful, and every issue to be
considered by the appeals board. The petition shall be verified upon
oath in the manner required for verified pleadings in courts of
record and shall contain a general statement of any evidence or other
matters upon which the applicant relies in support thereof.



6617.  The petition for reconsideration may be based upon one or
more of the following grounds and no other:
   (a) That by such order or decision made and filed by the appeals
board or hearing officer, the appeals board acted without or in
excess of its powers.
   (b) That the order or decision was procured by fraud.
   (c) That the evidence does not justify the findings of fact.
   (d) That the petitioner has discovered new evidence material to
him, which he could not, with reasonable diligence, have discovered
and produced at the hearing.
   (e) That the findings of fact do not support the order or
decision.


6618.  The petitioner for reconsideration shall be deemed to have
finally waived all objections, irregularities, and illegalities
concerning the matter upon which the reconsideration is sought other
than those set forth in the petition for reconsideration.




6619.  A copy of the petition for reconsideration shall be served
forthwith upon all parties by the person petitioning for
reconsideration. Any party may file an answer thereto within 30 days
thereafter. Such answer shall likewise be verified. The appeals board
may require the petition for reconsideration to be served on other
persons designated by it.



6620.  Upon the filing of a petition for reconsideration, or having
granted reconsideration upon its own motion, the appeals board may,
with or without further proceedings and with or without notice
affirm, rescind, alter, or amend the order or decision made and filed
by the appeals board or hearing officer on the basis of the evidence
previously submitted in the case, or may grant reconsideration and
direct the taking of additional evidence. Notice of the time and
place of any hearing on reconsideration shall be given to the
petitioner and adverse parties and to such other persons as the
appeals board orders.


6621.  If at the time of granting reconsideration, it appears to the
satisfaction of the appeals board that no sufficient reason exists
for taking further testimony, the appeals board may affirm, rescind,
alter or amend the order or decision made and filed by the appeals
board or hearing officer and may, without further proceedings,
without notice, and without setting a time and place for further
hearing, enter its findings, order or decision based upon the record
in the case.



6622.  After the taking of additional evidence and a consideration
of all of the facts the appeals board may affirm, rescind, alter, or
amend the original order or decision. An order or decision made
following reconsideration which affirms, rescinds, alters, or amends
the original order or decision shall be made by the appeals board but
shall not affect any right or the enforcement of any right arising
from or by virture of the original order or decision unless so
ordered by the appeals board.



6623.  Any decision of the appeals board granting or denying a
petition for reconsideration or affirming, rescinding, altering, or
amending the original findings, order, or decision following
reconsideration shall be made by the appeals board and not by a
hearing officer and shall be in writing, signed by a majority of the
appeals board members assigned thereto, and shall state the evidence
relied upon and specify in detail the reasons for the decision.



6624.  A petition for reconsideration is deemed to have been denied
by the appeals board unless it is acted upon within 45 days from the
date of filing. The appeals board may, upon good cause being shown
therefor, extend the time within which it may act upon that petition
for not exceeding 15 days.


6625.  The filing of a petition for reconsideration shall suspend
for a period of 10 days the order or decision affected, insofar as it
applies to the parties to the petition, unless otherwise ordered by
the appeals board. The appeals board upon the terms and conditions
which it by order directs, may stay, suspend, or postpone the order
or decision during the pendency of the reconsideration.



6626.  Nothing contained in this chapter shall be construed to
prevent the appeals board, on petition of an aggrieved party or on
its own motion, from granting reconsideration of an original order or
decision made and filed by the appeals board within the same time
specified for reconsideration of an original order or decision.




6627.  Any person affected by an order or decision of the appeals
board may, within the time limit specified in this section, apply to
the superior court of the county in which he resides, for a writ of
mandate, for the purpose of inquiring into and determining the
lawfulness of the original order or decision or of the order or
decision following reconsideration. The application for writ of
mandate must be made within 30 days after a petition for
reconsideration is denied, or, if a petition is granted or
reconsideration is had on the appeals board's own motion, within 30
days after the filing of the order or decision following
reconsideration.



6628.  The writ of mandate shall be made returnable at a time and
place then or thereafter specified by court order and shall direct
the appeals board to certify its record in the case to the court
within the time therein specified. No new or additional evidence
shall be introduced in such court, but the cause shall be heard on
the record of the appeals board, as certified to by it.



6629.  The review by the court shall not be extended further than to
determine, based upon the entire record which shall be certified by
the appeals board, whether:
   (a) The appeals board acted without or in excess of its powers.
   (b) The order or decision was procured by fraud.
   (c) The order or decision was unreasonable.
   (d) The order or decision was not supported by substantial
evidence.
   (e) If findings of fact are made, such findings of fact support
the order or decision under review.
   Nothing in this section shall permit the court to hold a trial de
novo, to take evidence, or to exercise its independent judgment on
the evidence.



6630.  The findings and conclusions of the appeals board on
questions of fact are conclusive and final and are not subject to
review. Such questions of fact shall include ultimate facts and the
findings and conclusions of the appeals board. The appeals board and
each party to the action or proceeding before the appeals board shall
have the right to appear in the mandate proceeding. Upon the
hearing, the court shall enter judgment either affirming or annulling
the order or decision, or the court may remand the case for further
proceedings before the appeals board.



6631.  The provisions of the Code of Civil Procedure relating to
writs of mandate shall, so far as applicable, apply to proceedings in
the courts under the provisions of this part. A copy of every
pleading filed pursuant to the terms of this part shall be served on
the appeals board and upon every party who entered an appearance in
the action before the appeals board and whose interest therein is
adverse to the party filing such pleading.



6632.  No court of this state, except the Supreme Court, the courts
of appeal, and the superior court to the extent herein specified, has
jurisdiction to review, reverse, correct, or annul any order or
rule, or decision of the appeals board, or to suspend or delay the
operation or execution thereof, or to restrain, enjoin, or interfere
with the appeals board in the performance of its duties.



6633.  The filing of a petition for, or the pendency of, a writ of
mandate shall not of itself stay or suspend the operation of any
order, rule or decision of the appeals board, but the court before
which the petition is filed may stay or suspend, in whole or in part,
the operation of the order or decision of the appeals board subject
to review, upon the terms and conditions which it by order directs.

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6650.  (a) After the expiration of the period during which a penalty
may be appealed, no appeal having been filed, the department may
file with the clerk of the superior court in any county a certified
copy of the citation and notice of civil penalty, the certification
by the department that the penalty remains unpaid, and the division's
proof of service on the employer of the items filed with the clerk
of the court.
   (b) After the exhaustion of the review procedures provided for in
Chapter 7 (commencing with Section 6600), an appeal having been
filed, the department may file with the clerk of the superior court
in any county a certified copy of the citation and notice of civil
penalty, a certified copy of the order, findings or decision of the
appeals board, the certification of the department that the penalty
remains unpaid, and proof of service on the employer at the employer'
s address as shown on the official address record by the appeals
board.
   (c) The clerk, immediately upon the filing of a notice of civil
penalty by the department pursuant to subdivision (a) or (b), shall
enter judgment for the state against the person assessed the civil
penalty in the amount of the penalty, plus interest due for each day
from the date of issuance of the notice of civil penalty that the
penalty remains unpaid.
   (d) The department shall serve the notice of entry of judgment
provided by Section 664.5 of the Code of Civil Procedure on the
employer.
   (e) A judgment entered pursuant to this section shall bear the
same rate of interest, have the same effect as other judgments, and
be given the same preference allowed by law on other judgments
rendered for claims for taxes pursuant to Section 7170 of the
Government Code.
   (f) No fees shall be charged by the clerk of any court for the
performance of any official service required by this chapter.



6651.  (a) Notwithstanding Section 340 of the Code of Civil
Procedure, an action to collect any civil penalty, fee, or penalty
fee under this division shall be commenced within three years from
the date the penalty or fee became final.
   (b) The amendments made to this section by the act adding this
subdivision shall only apply to penalty assessments or fees for which
the three-year period prescribed in this section for the
commencement of an action to collect a civil penalty or fee has not
expired on the effective date of the act adding this subdivision.




6652.  The division shall provide the Contractors' State License
Board with a certified copy of every notice of civil penalty deemed
to be a final order pursuant to Section 6601 or after the exhaustion
of all other review procedures pursuant to Chapter 7 (commencing with
Section 6600) when both of the following have occurred:
   (a) The employer served with the notice of civil penalty is, or is
thought to be, a licensee licensed by the Contractors' State License
Board.
   (b) The employer referred to in subdivision (a) has failed to pay
the civil penalty after a period of 60 days following that employer's
receipt of the notice of civil penalty.
   (c) When the employer has paid the civil penalty referenced in the
certified copy of notice of civil penalty that was provided to the
Contractors' State License Board, including all interest owed
thereon, then the division shall provide to the employer who was the
subject of the certified copy of notice a written confirmation or
receipt stating that the employer has paid the amount owed that was
the subject of the certified notice provided to the board.

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6700.  (a) Any employer who causes or allows the use of any
flammable or combustible material for the installation acceptance
pressure test of any gas houseline or piping shall be conclusively
presumed to be maintaining an unsafe place of employment.
   (b) Any employer who causes or allows gas pipelines to be tested
with gas at pressures in excess of that permitted by applicable
sections of the American Society of Mechanical Engineers Code for
Pressure Piping shall be conclusively presumed to be maintaining an
unsafe place of employment.


6701.  It shall be the duty of the standards board to determine by
the maximum allowable standards of emissions of contaminants from
portable and from mobile internal combustion engines used inside
factories, manufacturing plants, warehouses, buildings and other
enclosed structures, which standards are compatible with the safety
and health of employees.



6702.  All portable and all mobile internal combustion engines that
are used inside factories, manufacturing plants, warehouses,
buildings and other enclosed structures shall be equipped with a
certified exhaust purifier device after the certification of the
device by the State Air Resources Board.
   The Division of Occupational Safety and Health shall be
responsible for the enforcement of the provisions of this section.




6703.  Sections 6701 and 6702 shall apply to all portable and all
mobile internal combustion engines used inside factories,
manufacturing plants, warehouses, buildings and other enclosed
structures unless the operation of such an engine used inside a
particular factory, plant, warehouse, building or enclosed structure
does not result in harmful exposure to concentrations of dangerous
gases or fumes in excess of maximum acceptable concentrations as
determined by the standards board.



6704.  All crawler and wheel cranes with cable-controlled booms and
with rated lifting capacity of more than 10 tons sold or operated in
this state shall be equipped with boomstops that meet standards that
shall be established therefor by the standards board.



6705.  No contract for public works involving an estimated
expenditure in excess of twenty-five thousand dollars ($25,000), for
the excavation of any trench or trenches five feet or more in depth,
shall be awarded unless it contains a clause requiring submission by
the contractor and acceptance by the awarding body or by a registered
civil or structural engineer, employed by the awarding body, to whom
authority to accept has been delegated, in advance of excavation, of
a detailed plan showing the design of shoring, bracing, sloping, or
other provisions to be made for worker protection from the hazard of
caving ground during the excavation of such trench or trenches. If
such plan varies from the shoring system standards, the plan shall be
prepared by a registered civil or structural engineer.
   Nothing in this section shall be deemed to allow the use of a
shoring, sloping, or protective system less effective than that
required by the Construction Safety Orders.
   Nothing in this section shall be construed to impose tort
liability on the awarding body or any of its employees.
   The terms "public works" and "awarding body", as used in this
section, shall have the same meaning as in Sections 1720 and 1722,
respectively, of the Labor Code.



6705.5.  Regulations of the department requiring the shoring,
bracing, or sloping of excavations, or which contain similar
requirements for excavations, shall only apply to the excavation of
swimming pools where a reasonable examination by a qualified person
reveals recognizable conditions which would expose employees to
injury from possible moving ground. If these conditions are found to
exist with respect to a swimming pool excavation, employees shall not
be permitted to enter the excavation until the condition is abated
or otherwise no longer exists.



6706.  For the purposes of subdivision (a) of Section 6500, only one
permit shall be required for a project involving several trenches or
excavations. The provisions of Section 6500 shall not apply to the
construction of trenches or excavations for the purpose of performing
emergency repair work to underground facilities, or the construction
of swimming pools, or the construction of "graves" as defined in
Section 7014 of the Health and Safety Code or to the construction or
final use of excavations or trenches where the construction or final
use does not require a person to descend into the excavations or
trenches.


6707.  Whenever the state, a county, city and county, or city issues
a call for bids for the construction of a pipeline, sewer, sewage
disposal system, boring and jacking pits, or similar trenches or open
excavations, which are five feet or deeper, such call shall specify
that each bid submitted in response thereto shall contain, as a bid
item, adequate sheeting, shoring, and bracing, or equivalent method,
for the protection of life or limb, which shall conform to applicable
safety orders. Nothing in this section shall be construed to impose
tort liability on the body awarding the contract or any of its
employees. This section shall not apply to contracts awarded pursuant
to the provisions of Chapter 3 (commencing with Section 14250) of
Part 5 of Division 3 of Title 2 of the Government Code.




6708.  Every contractor on a construction project, including but not
limited to any public works, shall maintain adequate emergency first
aid treatment for his employees. As used in this section, "adequate"
shall be construed to mean sufficient to comply with the Federal
Occupational Safety and Health Act of 1970 (P.L. 91-596).




6710.  (a) At every place of employment where explosives are used in
the course of employment, there shall be a person licensed pursuant
to the provisions of Chapter 3 (commencing with Section 7990) of Part
9 of Division 5, to supervise and visually direct the blasting
operation.
   (b) For the purposes of this section, "explosives" shall include,
but not be limited to, class A and B explosives, blasting caps,
detonating cord, and charges or projectiles used in the control of
avalanches. For the purposes of this section, "explosives" shall not
include small arms ammunition or class C explosives such as explosive
powerpacks in the form of explosive cartridges or explosive-charged
construction devices, explosive rivets, bolts, and charges for
driving pins and studs, and cartridges for explosive-actuated power
devices.
   (c) This section shall not apply to persons, firms, or
corporations licensed pursuant to Part 2 (commencing with Section
12500) of Division 11 of the Health and Safety Code.



6711.  (a) The division shall develop and administer an oral and
written examination for persons using explosives, as defined in
Section 6710, while engaged in snow avalanche blasting. Any person
engaged in snow avalanche blasting shall pass this examination prior
to being licensed by the division.
   (b) The division shall select an advisory committee to assist the
division in preparing the data and information for the written and
oral qualifying examination. The advisory committee shall consist of
not less than seven members, nor more than nine members, with at
least one representative from explosives manufacturers, snow
avalanche blasting consultants, the recreational snow ski industry, a
public recreation area, the California Department of Transportation,
and the division.


6712.  (a) The standards board shall, no later than December 1,
1991, adopt an occupational safety and health standard for field
sanitation. The standard shall comply with all of the following:
   (1) The standard shall be at least as effective as the federal
field sanitation standard contained in Section 1928.110 of Title 29
of the Code of Federal Regulations.
   (2) The standard shall be at least as effective as California
field sanitation requirements in effect as of July 1, 1990, pursuant
to Article 4 (commencing with Section 113310) of Chapter 11 of Part 6
of Division 104 of the Health and Safety Code, Article 1 (commencing
with Section 118375) of Chapter 1 of Part 15 of Division 104 of the
Health and Safety Code, and Section 2441 of this code.
   (3) The standard shall apply to all agricultural places of
employment.
   (4) The standard shall require that toilets are serviced and
maintained in a clean, sanitary condition and kept in good repair at
all times, including written records of that service and maintenance.
   (b) Consistent with its mandatory investigation and reinspection
duties under Sections 6309, 6313, and 6320, the division shall
develop and implement a special emphasis program for enforcement of
the standard for at least two years following its adoption. Not later
than March 15, 1995, the division shall also develop a written plan
to coordinate its enforcement program with other state and local
agencies. The division shall be the lead enforcement agency. Other
state and local agencies shall cooperate with the division in the
development and implementation of the plan. The division shall report
to the Legislature, not later than January 1, 1994, on its
enforcement program. The plan shall provide for coordination between
the division and local officials in counties where the field
sanitation facilities required by the standard adopted pursuant to
subdivision (a) are registered by the county health officer or other
appropriate official of the county where the facilities are located.
The division shall establish guidelines to assist counties that
choose to register sanitation facilities pursuant to this section,
for developing service charges, fees, or assessments to defray the
costs of registering the facilities, taking into consideration the
differences between small and large employers.
   (c) (1) Past violations by a fixed-site or nonfixed-site employer,
occurring anywhere in the state within the previous five years, of
one or more field sanitation regulations established pursuant to this
section, or of Section 1928.110 of Title 29 of the Code of Federal
Regulations, shall be considered for purposes of establishing whether
a current violation is a repeat violation under Section 6429.
   (2) Past violations by a fixed-site or nonfixed-site employer,
occurring anywhere in the state within the previous five years, of
one or more field sanitation regulations established pursuant to this
section, Article 4 (commencing with Section 113310) of Chapter 11 of
Part 6 of Division 104 of the Health and Safety Code, Article 1
(commencing with Section 118375) of Part 15 of Division 104 of the
Health and Safety Code, or Section 2441 of this code, or of Section
1928.110 of Title 29 of the Code of Federal Regulations, shall
constitute evidence of willfulness for purposes of Section 6429.
   (d) (1) Notwithstanding Sections 6317 and 6434, any employer who
fails to provide the facilities required by the field sanitation
standard shall be assessed a civil penalty under the appropriate
provisions of Sections 6427 to 6430, inclusive, except that in no
case shall the penalty be less than seven hundred fifty dollars
($750) for each violation.
   (2) Abatement periods fixed by the division pursuant to Section
6317 for violations shall be limited to one working day. However, the
division may, pursuant to Section 6319.5, modify the period in cases
where a good faith effort to comply with the abatement requirement
is shown. The filing of an appeal with the appeals board pursuant to
Sections 6319 and 6600 shall not stay the abatement period.
   (3) An employer cited pursuant to paragraph (1) of this
subdivision shall be required to annually complete a field sanitation
compliance form which shall list the estimated peak number of
employees, the toilets, washing, and drinking water facilities to be
provided by the employer, any rental and maintenance agreements, and
any other information considered relevant by the division for a
period of five years following the citation. The employer shall be
required to annually submit the completed form, subscribed under
penalty of perjury, to the division, or to an agency designated by
the division.
   (e) The division shall notify the State Department of Health
Services and the appropriate local health officers whenever a
violation of the standard adopted pursuant to this section may result
in the adulteration of food with harmful bacteria or other
deleterious substances within the meaning of Article 5 (commencing
with Section 110545) of Chapter 5 of Part 5 of Division 104 of the
Health and Safety Code.
   (f) Pending final adoption and approval of the standard required
by subdivision (a), the division may enforce the field sanitation
standards prescribed by Section 1928.110 of Title 29 of the Code of
Federal Regulations, except subdivision (a) of Section 1928.110, in
the same manner as other standards contained in this division.




6716.  For the purposes of this division, "lead-related construction
work" means any of the following:
   (a) Any construction, alteration, painting, demolition, salvage,
renovation, repair, or maintenance of any building or structure,
including preparation and cleanup, that, by using or disturbing
lead-containing material or soil, may result in significant exposure
of employees to lead as determined by the standard adopted pursuant
to Section 6717.
   (b) The transportation, disposal, storage, or containment of
materials containing lead on site or at a location at which
construction activities are performed. "Lead-related construction
work" does not include any activity related to the manufacture or
mining of lead or the installation or repair of automotive materials
containing lead.


6717.  (a) On or before February 1, 1994, the division shall propose
to the standards board for its review and adoption, a standard that
protects the health and safety of employees who engage in
lead-related construction work and meets all requirements imposed by
the federal Occupational Safety and Health Administration. The
standards board shall adopt the standard on or before December 31,
1994. The standard shall at least prescribe protective measures
appropriate to the work activity and the lead content of materials to
be disturbed by the activity, and shall include requirements and
specifications pertaining to the following:
   (1) Sampling and analysis of surface coatings and other materials
that may contain significant amounts of lead.
   (2) Concentrations and amounts of lead in surface coatings and
other materials that may constitute a health hazard to employees
engaged in lead-related construction work.
   (3) Engineering controls, work practices, and personal protective
equipment, including respiratory protection, fit-testing
requirements, and protective clothing and equipment.
   (4) Washing and showering facilities.
   (5) Medical surveillance and medical removal protection.
   (6) Establishment of regulated areas and appropriate posting and
warning requirements.
   (7) Recordkeeping.
   (8) Training of employees engaged in lead-related construction
work and their supervisors, that shall consist of current
certification as required by regulations adopted under subdivision
(c) of Section 105250 of the Health and Safety Code and include
training with respect to at least the following:
   (A) Health effects of lead exposure, including symptoms of
overexposure.
   (B) The construction activities, methods, processes, and materials
that can result in lead exposure.
   (C) The requirements of the lead standard promulgated pursuant to
this section.
   (D) Appropriate engineering controls, work practices, and personal
protection for lead-related work.
   (E) The necessity for fit-testing for respirator use and how
fit-testing is conducted.


6718.  Notwithstanding any other provision of law, any test
procedures adopted by a state agency to determine compliance with
vapor emission standards, by vapor recovery systems of cargo tanks on
tank vehicles used to transport gasoline, shall not require any
person to climb upon the cargo tank during loading operations.




6719.  The Legislature reaffirms its concern over the prevalence of
repetitive motion injuries in the workplace and reaffirms the
Occupational Safety and Health Standards Board's continuing duty to
carry out Section 6357.