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Chapter 3.3. Occupational Safety and Health Appeals Board

Article 1. General

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§354. Party Status.

(a) The Division is a party to all proceedings before the Appeals Board, whether or not the Division has appeared or participated in a proceeding.

(b) An affected employee or authorized representative of an affected employee shall be made a party to a proceeding upon motion made in accordance with Section 371. When more than one affected employee or more than one authorized employee representative qualify for party status in a proceeding, each may be granted party status in accordance with Section 350.1.

(c) The rights of an affected employee shall not be lost by reason of that person's death. In the event of the death of an affected employee, a motion to participate as a party may be brought, in accordance with Section 371, by the affected employee's survivor. An affected employee's survivor is, in order of priority, the surviving spouse or surviving domestic partner, surviving issue, a surviving dependent, or a surviving parent.

(d) Affected employees or authorized representatives of affected employees shall not participate as parties to employers' cost recovery proceedings pursuant to Section 149.5 of the Labor Code.

(e) When an Employee Appeal is filed alleging the unreasonableness of the period allowed by the Division to abate an alleged violation, the employer charged with the responsibility of abating the violation is a party to the proceeding.

(f) An obligor may move to participate as a party to a proceeding by filing a motion in accordance with Section 371.

(g) When an obligor appeal is filed from actions taken by the Division, the employer charged may move to participate as a party at any time prior to the beginning of a hearing.

(h) An obligor shall not participate as a party to employers' cost recovery proceedings pursuant to Section 149.5 of the Labor Code.

(i) A person whose motion for party status has been granted by the Appeals Board becomes a party to the proceeding and is entitled to service of all documents and notices. Each party shall serve within 10 working days of the order granting party status, copies of all documents previously filed with the Appeals Board and not served on the new party. Service shall be in a manner as prescribed in Section 355(c) and proof of such service meeting the requirements of Section 355(e) shall be filed with the Appeals Board.

Note: Authority cited: Sections 148.7 and 6603(a), Labor Code. Reference: Sections 148.7, 6319(b), 6600 and 6603(a), Labor Code.

HISTORY

1. Amendment of subsections (b) and (c) filed 2-1-84; effective thirtieth day thereafter (Register 84, No. 5).

2. Amendment of subsections (b), (e), (h), and Note filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

3. Amendment of subsection (h) filed 8-16-99; operative 9-15-99 (Register 99, No. 34).

4. Amendment of subsection (b), new subsection (c) and subsection relettering filed 4-15-2013; operative 7-1-2013 (Register 2013, No. 16).


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