Chapter 3.3. Occupational Safety and Health Appeals Board

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

§356.1. Form of Participation Notice.

(a) The Participation Notice required by Section 356 shall be in the following form:

“Your employer, (name of employer), has been cited by the California Division of Occupational Safety and Health for violation of an Occupational Safety and Health standard. The citation and/or civil penalty has been contested and will be the subject of a hearing before the Occupational Safety and Health Appeals Board. Affected employees are entitled to participate in this hearing as parties under terms and conditions established by the Occupational Safety and Health Appeals Board in its rules of practice and procedure by filing a motion for party status. The motion for party status shall be sent to the Occupational Safety and Health Appeals Board, at the Appeals Board's principal office in Sacramento, California, and shall be accompanied by a proof of service and shall indicate that it was served on the Division and Employer and any other parties as provided in Section 355.

“All papers filed relative to this matter may be inspected at: (A place reasonably convenient to employees, preferably at or near work place.)”

Where appropriate, the second sentence of the above notice will be deleted and the following sentence will be substituted:

“The reasonableness of the period prescribed by the Division of Occupational Safety and Health for abatement of the violation has been contested and will be the subject of a hearing before the Occupational Safety and Health Appeals Board.”

(b) For a special order or an order to take special action, the first two sentences of the above notice will be deleted and the following sentences will be substituted:

“Your employer, (name of employer), has been issued an order by the California Division of Occupational Safety and Health. The order has been contested and will be the subject of a hearing before the Occupational Safety and Health Appeals Board.”

(c) An employer shall file with the issuing office of the Division, not later than the second working day following the service or posting, proof or certification of service or posting of the docketed Appeal and Participation Notice.

(d) This section and Section 356 do not apply to appeals from citations issued pursuant to Section 2950 of the Health and Safety Code.

NOTE: Authority cited: Sections 148.7 and 6603(a), Labor Code. Reference: Sections 148.7, 6602 and 6603(a), Labor Code.

HISTORY

1. Repealer of former section 356.1 and renumbering and amendment of former section 356 to section 356.1 filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

2. Change without regulatory effect amending subsection (a) filed 3-17-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 12).

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