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

Article 9. Correctional Industries

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§344.42. Operation of the Committee.

(a) The committee shall meet as often as necessary but at least every 60 days to discuss health and safety issues relating to employees of correctional industries and to hear and act upon health and safety complaints filed by correctional industry employees.

(b) The committee shall review and take appropriate action on every complaint within 15 calendar days of its filing.

(c) The committee shall take one of the following actions on each complaint:

(1) Issue a notice recommending specific corrective measures in the manner set forth in Section 344.40 above. In addition, the committee shall inform the complainant in writing of his/her right to have the committee forward the original complaint and the notice for correction to the Division of Occupational Safety and Health for review if the complainant believes that the notice is insufficient to make the conditions safe or healthful or if the Department of Corrections refuses or fails to comply with the notice.

(2) Refer the complaint to the appropriate district office of the Division of Occupational Safety and Health for review. Such referral shall be made whenever the committee is unable, for any reason, to resolve the issues raised by the complaint within 15 days from the date of filing. Such referral shall be in writing and shall be made by the 15th calendar day from the day of filing. The complainant, if known to the committee, shall immediately be informed in writing of the referral.

(3) Dismiss the complaint for lack of merit. Unless the complainant is anonymous the committee shall set forth its reasons for dismissal in writing to the complainant. Said writing shall also inform the complainant of his/her right to require the committee to have the initial complaint and the committee finding reviewed by the Division in the event that the complainant finds the conclusions of the committee to be unsatisfactory for any reason.

NOTE: Authority cited: Section 6304.3, Labor Code. Reference: Sections 6304.2, 6304.2, 6313 and 6413.2, Labor Code.

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