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Chapter 3.3. Occupational Safety and Health Appeals Board

Article 1.5. Service of Documents and Duty to Notify Others of Appeal and Hearing

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§356. Notice to Employees of Appeal and Hearing.

(a) The employer shall give notice of an appeal to its employees by posting the docketed Appeal Form, Participation Notice, and Notice of Hearing at or near the site of the alleged violation, positioned so as to be easily read by employees working in the area. If it is not practicable to post the document at or near the site of the alleged violation, the document may be posted in a conspicuous place where it will be readily observable by employees, or at a location to which employees report each day, or at a location from which employees operate to carry out their duties. The docketed Appeal Form, Participation Notice, and Notice of Hearing shall be posted immediately upon receipt from the Appeals Board and shall remain posted until the date of the hearing or receipt of an order disposing of the appeal.

(b) Service of the docketed Appeal Form, Participation Notice, and Notice of Hearing is required, in addition to posting, under the following circumstances:

(1) If affected employees are represented by an authorized employee representative, service in a manner prescribed in Section 355(c) shall be made upon the representative.

(2) If an employee sustained a serious injury or illness, or was killed, as a result of an alleged violation that is being appealed, service in the manner prescribed in Section 355(c) shall be made upon the employee or the representative of the deceased employee.

NOTE: Authority cited: Section 148.7, Labor Code. Reference: Section 6603(a), Labor Code.

HISTORY

1. Amendment of section heading and subsection (a) filed 2-1-84; effective thirtieth day thereafter (Register 84, No. 5).

2. Amendment of subsections (a), (c) and (d) filed 8-14-85; effective thirtieth day thereafter (Register 85, No. 33).

3. Renumbering and amendment of former section 356 to section 356.1 and new section filed 10-30-92; operative 11-30-92 (Register 92, No. 44).


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