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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
§356.2. Responsibility of Employee to Notify Employer and Other Employees
(a) When an Employee Appeal is filed by an employee, a copy of the docketed Employee
Appeal shall be forwarded by the Appeals Board to the employer.
(b) The employer shall post both a copy of the docketed Employee Appeal and a
copy of the Participation Notice. Posting shall be in a manner as prescribed in
Section 356(a). The form of the participation notice shall follow the format of
(c) When an Employee Appeal is filed by an employee and there are other employees
who are represented by an authorized employee representative, the employee shall,
upon receipt of the docketed Employee Appeal and the statement by the Division
required by Section 361(e) relating to the reasonableness of the abatement period,
serve a copy of the Employee Appeal, the Participation Notice, and the statement
on the authorized employee representative. 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.
(d) An authorized employee representative who files an Employee Appeal shall serve
a copy of the docketed Employee Appeal upon any other authorized employee representative
whose members are affected employees.
(e) Where posting is required by this rule, such posting shall be maintained until
the commencement of the hearing or until earlier disposition of the proceeding.
NOTE: Authority cited: Sections 148.7 and 6603(a), Labor Code. Reference: Sections
148.7 and 6603(a), Labor Code.
1. Amendment of subsections (b) and (c), repealer of subsection (e) and relettering,
repealer of subsection (g), and amendment of Note filed 10-30-92; operative
11-30-92 (Register 92, No. 44).
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