Chapter 6.5Occupational Safety and Health Appeals Board

Section § 148

Explanation

This law establishes the Occupational Safety and Health Appeals Board within the Department of Industrial Relations in California. The board has three members chosen by the Governor and approved by the Senate, each from different backgrounds: management, labor, and the general public. These members must work full-time on their board duties.

The Governor picks one member to serve as chairman, who serves at the Governor's discretion, and this chairman can appoint another member to lead in their absence. Members receive a salary as specified in a different part of the Government Code.

(a)CA Labor Code § 148(a) There is in the Department of Industrial Relations the Occupational Safety and Health Appeals Board, consisting of three members appointed by the Governor, subject to the approval of the Senate. One member shall be from the field of management, one shall be from the field of labor and one member shall be from the general public. The public member shall be chosen from other than the fields of management and labor. Each member of the appeals board shall devote his full time to the performance of his duties.
(b)CA Labor Code § 148(b) The chairman and each member of the appeals board shall receive the annual salary provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code.
(c)CA Labor Code § 148(c) The Governor shall designate the chairman of the appeals board from the membership of the appeals board. The person so designated shall hold the office of chairman at the pleasure of the Governor. The chairman shall designate a member of the appeals board to act as chairman in his absence.
Occupational Safety and Health Appeals Board Department of Industrial Relations member appointment Governor Senate approval management labor public member full-time duties chairman designation annual salary Government Code board member roles absence of chairman
(Added by Stats. 1973, Ch. 993.)

Section § 148.1

Explanation

Members of the appeals board serve four-year terms, continuing until their replacements are appointed. For the first appointments, the terms end on staggered January 15th dates. If a spot opens up before a term is finished, the Governor appoints a new member to serve the remaining time, but the Senate must approve this choice.

Each member of the appeals board shall serve for a term of four years and until his successor is appointed and qualifies. The terms of the first three members appointed to the appeals board shall expire on the second, third, and fourth January 15th following the date of the appointment of the first appointed member. A vacancy shall be filled by the Governor, subject to the approval of the Senate by appointment for the unexpired term.
appeals board members term length Governor appointment Senate approval vacancy filling staggered terms appointment process unexpired term successor appointment first appointed member
(Added by Stats. 1973, Ch. 993.)

Section § 148.2

Explanation

The appeals board can hire the staff it needs, like assistants and experts, and they will work under the board chairman or someone the chairman picks. Most of these employees are hired through a formal state process, except for one special position that the constitution exempts. Salaries for hearing officers are set by a state board to match pay for similar jobs, regardless of legal qualifications.

The appeals board may employ necessary assistants, officers, experts, hearing officers, and such other employees as it deems necessary. All such personnel of the appeals board shall be under the supervision of the chairman of the appeals board or an executive officer to whom the chairman delegates such responsibility. All such personnel shall be appointed pursuant to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code), except for the one exempt deputy or employee allowed by subdivision (e) of Section 4 of Article XXIV of the California Constitution. The salaries of the hearing officers shall be fixed by the State Personnel Board at a rate comparable to that of other referees or hearing officers in state service whose duties and responsibilities are comparable, without regard to whether such other positions have membership in the State Bar of California as a prerequisite to appointment.
appeals board staffing hearing officers state personnel board state civil service staff supervision executive officer delegation personnel hiring civil service appointments exempt deputy California Constitution Article XXIV salaries comparison state service pay rates staff employment rules
(Added by Stats. 1973, Ch. 993.)

Section § 148.4

Explanation

Every decision or order made by the appeals board must be documented in writing.

All decisions and orders of the appeals board shall be in writing.
appeals board decisions written orders documentation record keeping written decisions appeal outcomes official documentation appeals process labor appeals decision making order issuance appeal records administrative decisions written records
(Added by Stats. 1973, Ch. 993.)

Section § 148.5

Explanation

Once the appeals board makes a decision, it's considered final unless someone requests a rehearing or a judicial review under specific conditions outlined in another part of the law.

A decision of the appeals board is final, except for any rehearing or judicial review as permitted by Chapter 4 (commencing with Section 6600) of Part 1 of Division 5.
appeals board decision finality rehearing judicial review final decision appeals process review conditions Chapter 4 Division 5 Section 6600 legal appeals review process decision appeal
(Added by Stats. 1973, Ch. 993.)

Section § 148.6

Explanation
This law section states that when the appeals board makes a decision, it is final and must be followed by the director and the Division of Occupational Safety and Health for those involved in that specific appeal. However, the director can still ask a court to review the board's decision, even if they didn't take part in the appeal process initially.
A decision of the appeals board is binding on the director and the Division of Occupational Safety and Health with respect to the parties involved in the particular appeal. The director shall have the right to seek judicial review of an appeals board decision irrespective of whether or not he or she appeared or participated in the appeal to the appeals board or its hearing officer.
appeals board decision binding decision judicial review Division of Occupational Safety and Health director's rights final decision legal appeal court review occupational safety safety violations decision enforcement legal process occupational health appeal process director's participation
(Amended by Stats. 1989, Ch. 1360, Sec. 101.)

Section § 148.7

Explanation

This law allows the appeals board to create, change, or remove the rules they use for handling appeals and other related issues they oversee. They must follow specific procedures outlined in another set of government rules when doing so.

The appeals board, acting as a whole, may adopt, amend, or repeal rules of practice and procedure pertaining to hearing appeals and other matters falling within its jurisdiction. All such rules, amendments thereto, or repeals thereof shall be made in accordance with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
appeals board rules rule adoption rule amendment rule repeal hearing appeals practice and procedure jurisdiction of appeals board government code compliance rule-making process government procedural requirements
(Amended by Stats. 1982, Ch. 454, Sec. 130.)

Section § 148.8

Explanation

This law states that the appeals board and its authorized representatives have the same powers as a department head, according to certain government code rules. However, they don't have the authority granted in Section 11185 of the Government Code.

The appeals board and its duly authorized representatives in the performance of its duties shall have the powers of a head of a department as set forth in Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code, except for Section 11185 of the Government Code.
appeals board authorized representatives department head powers government code Section 11180 Chapter 2 Division 3 Title 2 Section 11185 exception board authority duties performance powers limitation roles and responsibilities administrative authority exemptions from powers
(Added by Stats. 1973, Ch. 993.)

Section § 148.9

Explanation

For a decision to be made by the appeals board, more than half of the board members must agree on it unless there's a specific rule that says otherwise.

Decisions of the appeals board shall be made by a majority of the appeals board, except as otherwise expressly provided.
appeals board decisions majority agreement board voting rules decision-making process board member agreement appeals board rules board member majority exception to majority rule decision process group decision requirements
(Added by Stats. 1973, Ch. 993.)

Section § 149

Explanation

This law allows the chairman of the appeals board to give their executive officer the temporary role of a member of the appeals board if a member is absent. The chairman can also delegate the authority and duties of the missing member to the executive officer.

The chairman of the appeals board may authorize its executive officer to act as deputy appeals board member, and may delegate authority and duties to the executive officer in the event of the absence of a member of the appeals board.
appeals board chairman executive officer deputy appeals board member delegation of authority member absence temporary role duties delegation executive authority board member replacement
(Added by Stats. 1973, Ch. 993.)

Section § 149.5

Explanation

This law states that if an employer appeals a citation for violating occupational safety and health standards and either wins the appeal or the citation is withdrawn, they can be awarded up to $5,000 for reasonable costs like attorney fees, but only if the citation was issued due to arbitrary or unfair conduct by the division.

The appeals board needs to create rules to enforce this section. The division must report annually on total costs paid and the number of cases where costs were awarded, using their regular budget.

The appeals board may award reasonable costs, including attorney’s fees, consultant’s fees, and witness’ fees, not to exceed five thousand dollars ($5,000) in the aggregate, to any employer who appeals a citation resulting from an inspection or investigation conducted on or after January 1, 1980, issued for violation of an occupational safety and health standard, rule, order, or regulation established pursuant to Chapter 6 (commencing with Section 140) of Division 1, if (1) either the employer prevails in the appeal, or the citation is withdrawn, and (2) the appeals board finds that the issuance of the citation was the result of arbitrary or capricious action or conduct by the division.
The appeals board shall adopt rules of practice and procedure to implement this section.
The payment of costs pursuant to this section shall be from funds in the regular operating budget of the division. The division shall show in its proposed budget for each fiscal year the following information with respect to the prior fiscal year:
(a)CA Labor Code § 149.5(a) The total costs paid.
(b)CA Labor Code § 149.5(b) The number of cases in which costs were paid.
occupational safety and health employer appeal citation withdrawal arbitrary action capricious conduct attorney fees consultant fees witness fees appeals board fiscal year budget reporting requirements reasonable costs legal costs reimbursement inspection appeal workplace safety violations
(Added by Stats. 1979, Ch. 1077.)