Chapter 3.2. California Occupational Safety and Health Regulations (CAL/OSHA)
Subchapter 2. Regulations of the Division of Occupational Safety and Health

Article 2.5. Registration--Asbestos- Related Work

§341.14. Revocation or Suspension of Registration.

(a) The Division may at any time, upon a showing of good cause and after notice and an opportunity to be heard, revoke or suspend any registration issued pursuant to this article.

(b) Notice shall be in writing and served upon the employer at least 24 hours in advance of the hearing. Service shall be by personal service or certified mail to the employer's address as shown on the registration application form. The notice shall specify the reasons for the action taken by the Division in order that the employer may prepare for the hearing. The Division shall also include within the notice of revocation or suspension specific conditions which must be met before the employer will be entitled to apply for a new registration or continue asbestos-related work under an existing registration.

(c) The hearing shall be held as soon as possible at the Division's headquarter offices or at such other location as may be designated by the Director and shall be presided by the Chief of the Division or his authorized designee and shall also be open to any affected employees or their representatives.

The employer shall notify the employees or employees' representative, a reasonable time prior to such hearing. Proof of such notification by the employer shall be made at the hearing.

(d) At the hearing the Division shall establish good cause for the action taken by it. Good cause is deemed to exist if the Division establishes that the employer has failed to comply with the requirements of the issuance of the registration, and that to permit the continuance of the asbestos-related work activity under the circumstances could cause serious injury or illness to employees.

The employer may appeal such revocation or suspension to the Director in the same manner specified in Section 341.13 of this article. The filing of an appeal shall not stay the revocation or suspension, and such action shall remain in effect until such time as the employer presents proof that the specified written conditions required by the Division are met or until otherwise ordered after resolution of the appeal.

NOTE: Authority cited: Sections 60.5, 6308, 6501.5 and 6505.5, Labor Code. Reference: Sections 6308, 6308.5, 6501.5 and 6505.5, Labor Code.

HISTORY

1. New section filed 5-22-87; operative upon filing (Register 87, No. 22).