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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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§344.46. Other Division Jurisdiction over Unsafe Conditions Pertaining to State Prisoners.

(a) When the Division receives information, pursuant to Labor Code Section 6314, about injury or death of a state prisoner resulting from labor performed by the prisoner, the Division may make recommendations to the Department of Corrections, with or without conducting an inspection, of ways in which corrections might improve the safety of the working conditions and work areas of state prisoners and other safety matters.

(b) If the Department of Corrections fails to comply with the recommendations described in subsection (a) above, or in any other case in which the Division deems the safety of any state prisoner shall require it, the Division may conduct hearings and after such hearings may adopt such special orders, rules, or regulations, or otherwise proceed as authorized in Chapter 1 (commencing with Section 6300 of Division 5 Part 1 of the Labor Code) as it deems necessary. The Department of Corrections shall comply with any such order, rule, or regulations so adopted by the Division.

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

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