Department of Industrial RelationsGeneral Powers and Duties
Section § 50
This section establishes that the Department of Industrial Relations is a part of the Labor and Workforce Development Agency.
Section § 50.5
This law establishes that the Department of Industrial Relations is responsible for looking after the well-being of workers in California. It focuses on enhancing working conditions and helping workers find jobs that pay well.
Section § 50.6
This law states that California's Department of Industrial Relations can work together with the federal Wage and Hour Division and Children's Bureau to enforce the Fair Labor Standards Act in California. It also mentions that the department can be paid back for any reasonable costs incurred during this cooperation, provided it follows relevant regulations and state laws about handling money.
Section § 50.7
This law assigns the Department of Industrial Relations in California the responsibility for managing the state's occupational safety and health plans, aligning with federal standards. The state plan must adhere to state-specific safety laws and ensure proper budgeting to reduce workplace injuries and illnesses. The law urges the state to pursue maximum federal funding to support these plans and requires actions to maintain federal approval. If federal approval is lost, the Governor must immediately propose a new plan to regain it and secure federal funds.
Section § 50.8
This section outlines California's plans to improve occupational health and medicine by creating a program through a partnership with the University of California. It sets up occupational health centers in both northern and southern California, focusing on training professionals like occupational physicians and toxicologists.
These centers will also act as referral centers for occupational illnesses and conduct research on causes, diagnosis, and prevention. Furthermore, the centers will share their findings with relevant state departments involved in health, safety, and agriculture.
Section § 50.9
This law allows the director or the Director of Employment Development to provide input on how actions or projects planned by public agencies might affect job opportunities. The public agencies must take these comments into account when making their decisions.
Section § 51
Section § 52
This law states that unless there's a specific rule in this labor code, the general rules in the Government Code about how state departments operate will apply to the department in question.
Section § 53
This section clarifies what the term “head of the department” means for certain California laws. Generally, it refers to the director unless specific issues are handled by the Division of Workers' Compensation, the State Compensation Insurance Fund, or similar agencies. In those cases, the term refers to the respective agency or entity in charge.
Section § 54
The director is responsible for all the duties and powers of the department unless a specific exception is noted elsewhere in the legal code.
Section § 54.5
The law allows the director to hire an attorney and legal assistants who are licensed in California to provide legal services for the department. If no one is appointed, the Division of Workers’ Compensation’s attorney will take on these duties as directed by the Director of Industrial Relations.
Section § 55
This section gives the director the authority to organize the department in a way they find necessary, with the Governor's approval, to effectively carry out its work. The director can also require any division in the department to help enforce laws under its jurisdiction. The director is allowed to create rules and regulations needed to implement this chapter, except for the Division of Workers’ Compensation and the State Compensation Insurance Fund unless the director has been given specific authority by law in those areas.
Section § 56
This law outlines that the department's responsibilities are handled by at least five divisions: Workers’ Compensation, Occupational Safety and Health, Labor Standards Enforcement, Apprenticeship Standards, and the State Compensation Insurance Fund. Each division focuses on a specific area of labor and employment issues in California.
Section § 57
In California, each division within a governmental department is led by a chief. This chief is chosen by the Governor, earns a salary determined by law, and continues in their role as long as the director wishes.
Section § 57.1
This law states that the Chief of the Division of Occupational Safety and Health receives a salary as determined by specific government guidelines. It also specifies that all new employees of the Division must be appointed under the State Civil Service Act, except for two deputy chiefs. These deputy chiefs are appointed by the Governor, with input from the Director of Industrial Relations, and do not follow civil service rules. Their salaries are set by the Director of Industrial Relations but must be approved by the Director of Finance.
Section § 57.5
This law places all responsibilities, authority, and decision-making regarding the management of the State Compensation Insurance Fund in the hands of its Board of Directors.
Section § 58
This law states that the department is responsible for managing all assets and property, which include records, equipment, and funds, owned by its commissions, divisions, and offices. Additionally, all such property is officially owned by the State.
Section § 59
This law mandates that relevant officers within the department are responsible for carrying out and ensuring compliance with any laws that assign them duties or responsibilities.
Section § 60
This section states that, unless specified otherwise, the Division of Workers’ Compensation is responsible for managing and enforcing the rules from Divisions 4 and 4.5 of the labor code.
Section § 60.5
This section explains that the Division of Occupational Safety and Health (DOSH) in California is responsible for enforcing safety regulations, taking over all roles and responsibilities from the now-abolished Division of Industrial Safety. All powers and duties previously held by the Division of Industrial Safety and its chief are transferred to DOSH and its chief.
Any regulations or actions previously established by the Division of Industrial Safety remain valid under DOSH until changed. References to the old division in any laws now mean DOSH. Essentially, this transition ensures continuity in enforcing workplace safety laws.
Section § 60.6
This law states that employees working in the state civil service within the Division of Industrial Safety or the Occupational Health Branch, who handle tasks that are being moved to the Division of Occupational Safety and Health, will still be part of the state civil service. They will be transferred to the Department of Industrial Relations without losing their current job status, positions, or rights, as long as their roles don't become part of positions exempt from civil service.
Section § 60.7
This law states that the Division of Occupational Safety and Health has control over all assets and responsibilities from the Division of Industrial Safety and the Occupational Health Branch of the State Department of Health Services. This includes physical and financial resources like records, equipment, land, contracts, and more, specifically related to the functions that have been moved to the Division of Occupational Safety and Health.
Section § 60.8
This law section allows the Division of Occupational Safety and Health to use the funds it receives for enforcing the laws they oversee. These funds must be spent according to legal rules and for the reasons the funds were given.
Section § 60.9
This section establishes two units within the Division of Occupational Safety and Health: one for occupational health and one for occupational safety. They help fulfill the division's responsibilities as defined by law. An additional unit, the occupational carcinogen control unit, specifically handles duties related to controlling occupational carcinogens under the Occupational Carcinogens Control Act of 1976. For handling and analyzing occupational health matters, the division can collaborate with the State Department of Health Services or another public entity, work with a private laboratory, or set up its own lab. If a private lab is used, quality control is managed through an agreement with the State Department of Health Services.
Section § 61
This section states that the Department, specifically the Division of Labor Standards Enforcement, is responsible for enforcing the rules laid out in Chapter 1, starting at Section 1171, of a specific part of the labor code.
Section § 62
This section allows the department to use allocated funds to manage and enforce laws they are responsible for. The money can be used to support any commission or office within the department, as long as it follows legal guidelines and is used for the purposes those funds were intended.
Section § 62.5
This law establishes several special funds in the California State Treasury related to workers' compensation and occupational safety. The Workers’ Compensation Administration Revolving Fund is used for administering workers' compensation programs and related enforcement. The Uninsured Employers Benefits Trust Fund supports workers injured while working for uninsured employers, with funds collected kept in trust for benefits to injured workers. The Subsequent Injuries Benefits Trust Fund aids workers with serious and pre-existing disabilities. The Occupational Safety and Health Fund is dedicated to supporting workplace safety regulations and related activities.
The Labor Enforcement and Compliance Fund supports labor standards enforcement activities. Funding for these accounts comes from surcharges on employers, which are divided based on payroll attributes. There are restrictions on how much these funds can raise, and rules for managing these funds are outlined but not subject to typical rulemaking processes.
Section § 62.8
This law section states that $5 million is allocated as a loan from the Cal-OSHA Targeted Inspection and Consultation Fund to the State Public Works Enforcement Fund.
The loan must be paid back to the Occupational Safety and Health Fund by June 30, 2015, with interest based on the rate from the Pooled Money Investment Account at the time of the transfer.
Section § 63
This law allows the Director to give back money to someone if the department collected fees for a license or service that they legally cannot provide to the person who applied.
Section § 64
This law allows the Labor Commissioner to create agreements with agencies in other states to help collect wages and other claims that have been assigned to the California Division of Labor Standards Enforcement.
This means if someone is owed wages and they move to another state, the California agency can work with that state's labor agency to get those claims collected.
Section § 64.5
This law allows the State Board of Equalization to ask for help from another department when trying to find out if a retail store doesn't have the necessary seller's permit. If asked, that department can share information from its records that shows a business might be operating illegally without this permit. This assists the Board in ensuring that businesses comply with sales tax laws.