California Code of Regulations
Title 8 - Industrial Relations
Division 1 - Department of Industrial Relations
Chapter 3.3 - Occupational Safety and Health Appeals Board
Article 1.5 - Service of Documents and Duty to Notify Others of Appeal and Hearing
Section 356.1 - Form of Participation Notice

(a) The Participation Notice required by Section 356 shall be in the following form:

"Your employer, (name of employer), has been cited by the California Division of Occupational Safety and Health for violation of an Occupational Safety and Health standard. The citation and/or civil penalty has been contested and will be the subject of a hearing before the Occupational Safety and Health Appeals Board. Affected employees are entitled to participate in this hearing as parties under terms and conditions established by the Occupational Safety and Health Appeals Board in its rules of practice and procedure by filing a motion for party status. The motion for party status shall be filed with the Occupational Safety and Health Appeals Board in accordance with Section 355.4, and shall be accompanied by a proof of service and shall indicate that it was served on the Division and Employer and any other parties, as provided in Section 355.3.

"All papers filed relative to this matter may be inspected at: (A place reasonably convenient to employees, preferably at or near work place.)"

Where appropriate, the second sentence of the above notice will be deleted and the following sentence will be substituted:

"The reasonableness of the period prescribed by the Division of Occupational Safety and Health for abatement of the violation has been contested and will be the subject of a hearing before the Occupational Safety and Health Appeals Board."

(b) For a special order or an order to take special action, the first two sentences of the above notice will be deleted and the following sentences will be substituted:

"Your employer, (name of employer), has been issued an order by the California Division of Occupational Safety and Health. The order has been contested and will be the subject of a hearing before the Occupational Safety and Health Appeals Board."

(c) An employer shall file with the issuing office of the Division, not later than the second working day following the service or posting, proof or certification of service or posting of the docketed Appeal and Participation Notice.

(d) This section and Section 356 do not apply to appeals from citations issued pursuant to Section 2950 of the Health and Safety Code.