Chapter 3.3. Occupational Safety and Health Appeals Board
General Criteria (See Construction Safety Orders, Title 8, CCR S 1712).

§ 347. Definitions.

For the purpose of these rules:

(a) “Administrative Law Judge” means any person appointed by the Appeals Board pursuant to Labor Code Sections 6605 and 6607 as a hearing officer to conduct hearings and to decide matters within the jurisdiction of the Appeals Board;

(b) “Administrative Record” includes the following:

(1) Pleadings;

(2) All notices issued to parties;

(3) All orders issued;

(4) Any decision by an Administrative Law Judge;

(5) The final decision;

(6) Emails received from or sent to parties to the case;

(7) The hearing record as defined by subsection (s);

(8) Petition(s) for reconsideration and answers;

(9) Dispositions of petitions for reconsideration;

(10) Other documents entered into the record by the Appeals Board after a “Petition for Reconsideration” is received;

(11) Briefs;

(12) Motions;

(13) Stipulations;

(14) Party correspondence related to the proceeding;

(15) Other documents submitted by the parties related to the hearing; and

(16) Official Address Record;

(c) “Affected Employee” means an employee of a cited employer who is exposed to the alleged hazard described in the citation as a result of assigned duties;

(d) “Appeals Board” or “Board” means the Occupational Safety and Health Appeals Board, and includes the chairperson and members of the Appeals Board, administrative law judges, and staff of the Appeals Board;

(e) “Authorized Employee Representative” means a labor organization which has a collective bargaining relationship with the cited 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 affected employees of the public agency;

(f) “Completed Appeal” means all required information submitted in writing, signed by employer or employer's representative, the citation(s) that are the subject of the appeal, and notification of penalty;

(g) “Day”, unless specifically stated otherwise means calendar day;

(h) “Decision by an Administrative Law Judge” means a decision signed and issued by the Administrative Law Judge and submitted by the Administrative Law Judge to the Appeals Board;

(i) “Declaration” means a certification in substantially the following form:

I, [identify declarant], declare that I have personal knowledge of the following facts:

1...............................................................

2...............................................................

3...............................................................

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed at (city), California (or other state/country) on (date).

(Signature)_________________________________________________

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

(k) “Division Action” means any citation, notice, special order, order to take special action, notification of penalty, notification of failure to abate alleged violation and of additional civil penalty, or notification of failure to return a signed statement of abatement issued by the Division pursuant to Part 1 (commencing with Section 6300) of Division 5 of the Labor Code or Section 2950 of the Health and Safety Code, which by statute may be appealed to the Appeals Board;

(l) “Docketed” means the Appeals Board has acknowledged receipt of all information required under these rules to initiate an appeal as required by Sections 355.1, 355.3, 355.4, 359, 359.1, and 361.3;

(m) “Docket Number” means the number assigned to each docketed matter by the Appeals Board for identification purposes (for citations, the docket number will be the same as the inspection number listed on the citation);

(n) “Electronic Signature” means an electronic symbol (e.g., a graphic representation of a person in JPEG file), or process (e.g., a procedure that conveys assent), attached to or logically associated with a record, and executed or adopted by a person with the intent to sign the record;

(o) “Employee” means every person who is required or directed by any employer, to engage in any employment, or to go to work or be at any time in any place of employment;

(p) “Employee Appeal” means any appeal filed by an employee from the period allowed by the Division to abate the alleged violation;

(q) “Employer” means the state and every state agency, each county, city, district, and all public and quasi-public corporations and public agencies therein, every person including any public service corporation, which has any natural person in service, and the legal representative of any deceased employer;

(r) “Hearing” means any hearing before the Appeals Board or an Administrative Law Judge set for the purpose of receiving evidence;

(s) “Hearing Record” means the official record of evidence taken during, and if allowed by order after, the hearing until the Appeals Board or Administrative Law Judge conducting the hearing orders the record closed to further evidence. The “Hearing Record” contains the hearing recording as described in Section 376.7, all documentary evidence and other evidence offered or admitted during the hearing or by affidavit (excluding withdrawn documents), such as admitted confidential evidence sealed from further disclosure by order of the Administrative Law Judge, admitted confidential evidence described in Section 376.6, and physical, mechanical or demonstrative exhibits returned to a party for storage pursuant to Section 376.4;

(t) “Intervenor” means a person, group of persons, trade association, legal foundation, or public or private interest group who has been granted leave to intervene in any proceeding;

(u) “Memorandum of Items of Costs” means an itemization of costs claimed pursuant to Section 149.5 of the Labor Code;

(v) “Obligor” means a person other than an employer who is obligated to an employer to repair any machine, device, apparatus, or equipment and to pay any penalties assessed against an employer;

(w) “Participation Notice” means a notice informing affected employees of their right to participate in certain proceedings;

(x) “Party” means a person who has made an appearance before the Appeals Board and been granted party status;

(y) “Person” means an individual, firm, partnership, trust, estate, association, corporation, company, or other entity;

(z) “Petition for Costs” means any claim for reasonable costs to be awarded by the Appeals Board pursuant to Section 149.5 of the Labor Code;

(aa) “Pleading” means a citation, notification of penalty, paper or electronic appeal form, other document or information submitted in place of an appeal form, and amendments thereto which contain the allegations of the parties of their respective charges and defenses;

(bb) “Proceeding” means any adjudicatory action begun by the filing of an appeal and includes a hearing, prehearing conference, petition for costs, reconsideration, or any other act that may result in an order or decision of the Appeals Board;

(cc) “Representative” means a person authorized by a party or intervenor to represent that party or intervenor in a proceeding;

(dd) “Rule” means any section set forth in this chapter adopted by the Appeals Board;

(ee) “Working Day” means any day that is not a Saturday, Sunday or State-recognized holiday as provided in Government Code Sections 6700 and 6701.

Note: Authority cited: Section 148.7, Labor Code. Reference: Section 2015.5, Code of Civil Procedure; and Sections 148.7, 149.5, 6301, 6302, 6304, 6304.1, 6305(b) and 6603, Labor Code.

HISTORY

1. Amendment filed 2-1-84; effective thirtieth day thereafter (Register 84, No. 5).

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

3. Change without regulatory effect of subsections (b) and (t) filed 6-23-86; effective thirtieth day thereafter (Register 86, No. 26).

4. New subsections (e)-(e)(1) and relettering, amendment of subsections (g), (h) and (k), new subsection (s) and relettering, and amendment of subsection (u) and Note filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

5. Amendment of subsection (c), new subsections (e)-(f) and subsection relettering filed 11-26-2007; operative 12-26-2007 (Register 2007, No. 48).

6. Amendment of section and Note filed 8-2-2016; operative 10-1-2016 (Register 2016, No. 32).

7. Amendment of subsections (b)(7) and (l0, new subsection (m) and subsection relettering filed 7-22-2020; operative 10-1-2020 (Register 2020, No. 30).