California Labor Code CHAPTER 1 - Jurisdiction and Duties

• Section 6300.
  The California Occupational Safety and Health Act of 1973 is hereby enacted for the purpose of assuring safe and healthful working conditions for all California...
• Section 6301.
  The definitions set forth in this chapter shall govern the construction and interpretation of this part.(Repealed and added by Stats. 1973, Ch. 993.)
• Section 6302.
  As used in this division:(a) “Director” means the Director of Industrial Relations.(b) “Department” means the Department of Industrial Relations.(c) “Insurer” includes the State Compensation Insurance Fund and any...
• Section 6303.
  (a) “Place of employment” means any place, and the premises appurtenant thereto, where employment is carried on, except a place where the health and safety jurisdiction...
• Section 6303.5.
  Nothing in this division shall be construed to limit the jurisdiction of the state over any employmment or place of employment by reason of the...
• Section 6304.
  “Employer” shall have the same meaning as in Section 3300.(Amended by Stats. 1971, Ch. 1751.)
• Section 6304.1.
  (a) “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...
• Section 6304.2.
  Notwithstanding Section 6413, and except as provided in Sections 6304. 3 and 6304.4, any state prisoner engaged in correctional industry, as defined by the Department...
• Section 6304.3.
  (a) A Correctional Industry Safety Committee shall be established in accordance with Department of Corrections administrative procedures at each facility maintaining a correctional industry, as defined...
• Section 6304.4.
  A prisoner engaged in correctional industry, as defined by the Department of Corrections, shall not be considered an employee for purposes of the provisions relating...
• Section 6304.5.
  It is the intent of the Legislature that the provisions of this division, and the occupational safety and health standards and orders promulgated under this...
• Section 6305.
  (a) “Occupational safety and health standards and orders” means standards and orders adopted by the standards board pursuant to Chapter 6 (commencing with Section 140) of...
• Section 6306.
  (a) “Safe,” “safety,” and “health” as applied to an employment or a place of employment mean such freedom from danger to the life, safety, or health...
• Section 6307.
  The division has the power, jurisdiction, and supervision over every employment and place of employment in this state, which is necessary adequately to enforce and...
• Section 6307.1.
  The State Department of Health Services shall assist the division in the enforcement of Section 25910 of the Health and Safety Code in the manner...
• Section 6308.
  The division, in enforcing occupational safety and health standards and orders and special orders may do any of the following:(a) Declare and prescribe what safety devices,...
• Section 6308.5.
  Hearings conducted by the division pursuant to this part shall give any affected employer or other affected person the opportunity to submit facts or arguments,...
• Section 6309.
  (a) If the division learns or has reason to believe that an employment or place of employment is not safe or is injurious to the welfare...
• Section 6310.
  (a) No person shall discharge or in any manner discriminate against any employee because the employee has done any of the following:(1) Made any oral or written...
• Section 6311.
  No employee shall be laid off or discharged for refusing to perform work in the performance of which this code, including Section 6400, any occupational...
• Section 6312.
  Any employee who believes that he or she has been discharged or otherwise discriminated against by any person in violation of Section 6310 or 6311...
• Section 6313.
  (a) The division shall investigate the causes of any employment accident that is fatal to one or more employees or that results in a serious injury...
• Section 6313.5.
  The division, after consultation with the Contractors’ State License Board, shall transmit to the Contractors’ State License Board copies of any citations or other actions...
• Section 6314.
  (a) To make an investigation or inspection, the chief of the division and all qualified divisional inspectors and investigators authorized by him or her shall, upon...
• Section 6314.1.
  (a) The division shall establish a program for targeting employers in high hazardous industries with the highest incidence of preventable occupational injuries and illnesses and workers’...
• Section 6314.5.
  (a) Every inspection conducted by the division shall include an evaluation of the employer’s injury prevention program established pursuant to Section 6401.7. The division shall evaluate...
• Section 6315.
  (a) There is within the division a Bureau of Investigations. The bureau is responsible for directing accident investigations involving violations of standards, orders, special orders, or...
• Section 6315.3.
  The bureau shall, not later than February 15, annually submit to the division for submission to the director a report on the activities of the...
• Section 6315.5.
  All occupational safety and health standards and orders, rules, regulations, findings, and decisions of the division made and entered pursuant to this part are admissible...
• Section 6316.
  Except as limited by Chapter 6 (commencing with Section 140) of Division 1, nothing in this part shall deprive the governing body of any county,...
• Section 6317.
  If, upon inspection or investigation, the division believes that an employer has violated Section 25910 of the Health and Safety Code or any standard, rule,...
• Section 6317.5.
  (a) If, upon inspection or investigation, the division finds that an employer has falsified any materials posted in the workplace or distributed to employees related to...
• Section 6317.7.
  If, upon inspection or investigation, the division finds no violations pursuant to this chapter, the division with reasonable promptness shall issue a written notice to...
• Section 6318.
  (a) Each citation issued under Section 6317, and each special order or action ordered pursuant to Section 6308, or a copy or copies thereof, shall be...
• Section 6319.
  (a) If, after an inspection or investigation, the division issues a citation pursuant to Section 6317 or an order pursuant to Section 6308, it shall, within...
• Section 6319.3.
  (a) Except as provided in subdivision (b) of this section and subdivision (j) of Section 6401.7, no civil penalty shall be assessed against any new employer...
• Section 6319.5.
  Upon a showing by an employer of a good-faith effort to comply with the abatement requirement of a citation, and that abatement has not been...
• Section 6320.
  (a) If, after inspection or investigation, the division issues a special order, order to take special action, or a citation for a serious violation, and if...
• Section 6321.
  No person or employer shall be given advance warning of an inspection or investigation by any authorized representative of the division unless authorized under provisions...
• Section 6322.
  All information reported to or otherwise obtained by the chief or his representatives in connection with any inspection or proceeding of the division which contains...
• Section 6323.
  If the condition of any employment or place of employment or the operation of any machine, device, apparatus, or equipment constitutes a serious menace to...
• Section 6324.
  The application to the superior court accompanied by affidavit showing that such place of employment, machine, device, apparatus, or equipment is being operated in violation...
• Section 6325.
  When, in the opinion of the division, a place of employment, machine, device, apparatus, or equipment or any part thereof is in a dangerous condition,...
• Section 6325.5.
  If the division has reasonable cause to believe that any workplace contains friable asbestos, and if there appears to be inadequate protection for employees at...
• Section 6326.
  Every person who, after such notice is attached as provided in Section 6325, enters any such place of employment, or uses or operates any such...
• Section 6327.
  Once an authorized representative of the division has prohibited entry in or use of a place of employment, machine, device, apparatus, or equipment, as specified...
• Section 6327.5.
  If the division arbitrarily or capriciously fails to take action to prevent or prohibit any conditions or practices in any employment or place of employment...
• Section 6328.
  The division shall prepare a notice containing pertinent information regarding safety rules and regulations. The notice shall contain the address and telephone number of the...
• Section 6329.
  All money collected for violation of standards, orders, or special orders of, or for fees paid pursuant to this division shall be paid into the...
• Section 6330.
  The director shall prepare and submit to the Legislature, not later than March 1, an annual report on the division activities. The report shall include,...
• Section 6331.
  The division shall enter into a contract for the development and execution of tests to define safety standards for the use of positive pressure, closed...
• Section 6332.
  (a) For purposes of this section, the following terms have the following meanings:(1) “Community health care worker” means an individual who provides health care or health care-related...

Last modified: October 22, 2018