SafetyQuestion 395 of 1632

A contractor receives a Cal/OSHA citation it believes is incorrect. The contractor's proper remedy is to:

a.Ask the district office that issued it to withdraw the citation
b.Petition the Standards Board to amend the cited standard
c.Appeal to the Occupational Safety and Health Appeals Board
d.Sue the Division in superior court within 30 days

Explanation

An employer that disagrees with a citation appeals to the Occupational Safety and Health Appeals Board, and Labor Code section 6600 allows 15 working days from receipt; the appeal may contest the existence of the violation, its classification, the abatement period, or the proposed penalty. The other three name real bodies with real powers that are not this one. The district office issued the citation and cannot simply set it aside once issued (a). The Occupational Safety and Health STANDARDS Board writes and amends the standards themselves (b) - a rulemaking body rather than an adjudicating one, and the two are easy to confuse because their names differ by a single word. And a court action (d) comes only after the administrative remedy before the Appeals Board has been exhausted.

Law Reference: Labor Code §6600; §6319; §142.1 et seq.

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