Chapter 3.5. Occupational Safety and Health Standards Board
Subchapter 1. Rules of Procedure for Permanent Variances and Appeals from Temporary Variances

Article 1. General

§403. Definitions.

For the purpose of these rules:

(a) “Standards Board” or “Board” means the Occupational Safety and Health Standards Board; except that wherever the words “Standards Board” or “Board” alone are used, the power to act may be delegated by the Board and whenever the words “Board itself” are used, the power will be exercised by the Board acting through a quorum of its members;

(b) “Chairperson” means the member of the Standards Board designated by the Governor to hold the office of chairperson;

(c) “Hearing Officer” means any person appointed by the Standards Board to preside over any variance or appeal from a temporary variance hearing or to hear and determine any such matter within the jurisdiction of the Standards Board;

(d) “Department” means the Department of Industrial Relations;

(e) “Division” means the Division of Occupational Safety and Health;

(f) “Appeals Board” means the Occupational Safety and Health Appeals Board;

(g) “Code” means the Labor Code;

(h) “Rule” means any section set forth in this subchapter adopted by the Standards Board;

(i) All terms which are defined in the code shall be construed as defined therein.

(j) “Representative” means any person, including an authorized employee representative, authorized by a party or intervenor to represent the party or intervenor in a proceeding. Unless the context otherwise requires the term “representative” is included in the words “appellant,” “party,” “petitioner,” “employer” or “employee.”

(k) “Authorized employee representative” means a labor organization which has a collective bargaining relationship with an employer and which represents affected employees or an employee organization which has been formally acknowledged by a public agency as an employee organization that represents employees of the public agency.

(l) “Affected Employee” means an employee of the employer seeking the variance who is exposed, as a result of his/her assigned duties, to the condition or hazards covered by the standard from which the variance is sought.

(m) “Proceeding” means any proceeding before the Standards Board or before a hearing officer relating to a permanent or interim variance or appeal from a temporary variance.

(n) “Employer” means (1) the State and every State agency; (2) each county, city, district and all public and quasi-public agencies therein; (3) every person, including any public service corporation which has any natural person in service; (4) any Conveyance Owner as defined in subsection (o); and (5) any employer who employs “affected employees” as defined by Rule 403(l).

(o) “Conveyance Owner” means a person or entity that has custody of a conveyance covered by the Elevator Safety Orders, or that owns property on or in which such a conveyance is to be installed.

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Sections 143 and 143.2, Labor Code.

HISTORY

1. Amendment of subsections (c), (e) and (m) filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

2. Change without regulatory effect pursuant to section 100, Title 1, California Code of Regulations amending subsections (b), (j) and (l) filed 2-25-91; operative 3-27-91 (Register 91, No. 14).

3. Amendment of subsections (a) and (n), new subsection (o) and amendment of Note filed 1-9-2003; operative 2-8-2003 (Register 2003, No. 2).