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 362 - Stay of Abatement Period and Abatement Changes
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Unless otherwise provided by statute, abatement periods and changes required by the Division are stayed upon the filing of a docketed appeal with the Appeals Board and remain stayed until withdrawal of the appeal or a final disposition of the proceeding by the Appeals Board. Except as provided in subdivision (b), the filing of a petition for reconsideration suspends for a period of 10 days the order or decision affected, insofar as it applies to the parties to the petition, unless otherwise ordered by the Appeals Board. Except as provided in subdivision (b), the Appeals Board, upon the terms and conditions which it by order directs, may stay, suspend, or postpone the order or decision during the pendency of the reconsideration. Pending reconsideration, the Board shall not order an employer to abate a citation which has been dismissed or vacated by Order or Decision of an Administrative Law Judge.
(b) In appeals involving a citation classified as serious, repeat serious, or willful serious, the filing or pendency of a petition for reconsideration of a final order or decision shall not stay or suspend the requirement to abate the hazards affirmed by the decision or order, unless a petition to stay or suspend meeting the following conditions in (1) through (4) is filed:
(c) Staying of order or decision under appeal: proper and timely filing of a petition to stay or suspend abatement with the Board shall temporarily stay abatement during the pendency of the Board's review of the petition to stay or suspend abatement.
1. Renumbering and amendment of former section 360 to section 362 filed 10-30-92; operative 11-30-92 (Register 92, No. 44).
2. Amendment of section and NOTE filed 5-18-2016; operative 7-1-2016 (Register 2016, No. 21).
Note: Authority cited: Section 148.7, Labor Code. Reference: Sections 148.7, 6603 and 6625, Labor Code.