Title LAB, California Lab. Code

(a) The division may suspend or revoke the permit of a crane where the employer engages in gross negligence, gross incompetence, or willful or repeated disregard of any occupational safety standard or order involving the crane. (b) The permit of the crane shall be suspended or re…

(a) The division shall adopt regulations for the certification of all cranes and derricks used in lifting service, exceeding three tons rated capacity. Tower cranes shall be certified annually and whenever they are erected on a new site. (b) These regulations shall specify the pr…

(a) The division shall suspend or revoke a license to certify for the following reasons: (1) Gross negligence, gross incompetency, a pattern of incompetence, or fraud in the certification of a crane. (2) Willful or deliberate disregard of any occupational safety standard while ce…

Revocation of a license to certify may be appealed to the Director of Industrial Relations. (Added by Stats. 1990, Ch. 1033, Sec. 1.)

A licensed certifier who fraudulently certifies that a crane is in compliance with the criteria established by the division under subdivision (a) of Section 7375 is guilty of a misdemeanor punishable by imprisonment in the county jail for a period not to exceed six months, or by …

It shall be a misdemeanor for an individual to engage in the certification of a crane as specified in this chapter if that individual is not licensed pursuant to this chapter. Any violation of this section shall be punishable by imprisonment in the county jail for a period not to…

(a) The division shall set fees for the examination and licensing of crane certifiers as necessary to cover the costs of administering this article. In fixing the amount of these fees, the division may include direct costs and a reasonable percentage attributable to the indirect …

(a) Notwithstanding Sections 6319 and 6425, if serious injury or death is caused by any serious or willful repeated violation of a crane standard, order, or special order, or by any failure to correct a serious violation of a crane standard, order, or special order within the tim…

No person shall install or dismantle a tower crane, or increase the height of a crane, known in the construction trade as “jumping or climbing a crane,” without a safety representative of the crane manufacturer, distributor, or a representative of a licensed crane certifier being…

(a) The division shall require all crane employers to disclose all of their previous business identities within the previous 10 years. The disclosure shall be made to the division on forms provided by the division. The division shall maintain the confidentiality of this informati…

The division shall prepare an annual report concerning revenues obtained from all funding sources and expenditures. The division shall file the report with the Legislative Analyst, the Joint Legislative Audit Committee, the Department of Finance, and the appropriate policy commit…

As used in this chapter: (a) “Appeals board” means the Workers’ Compensation Appeals Board. The title of a member of the board is “commissioner.” (b) “Administrative director” means the Administrative Director of the Division of Workers’ Compensation. (c) “Division” means the Div…

For the purpose of this chapter and subject to restrictions or requirements that may be adopted by the administrative director or the Workers’ Compensation Appeals Board, documents that require a signature, including the signature of a notary on an acknowledgment, may be filed wi…

No employer shall make, adopt, or enforce any rule, regulation, or policy: (a) Forbidding or preventing employees from engaging or participating in politics or from becoming candidates for public office. (b) Controlling or directing, or tending to control or direct the political …

No employer shall coerce or influence or attempt to coerce or influence his employees through or by means of threat of discharge or loss of employment to adopt or follow or refrain from adopting or following any particular course or line of political action or political activity.…

(a) An employer, or any person acting on behalf of the employer, shall not make, adopt, or enforce any rule, regulation, or policy preventing an employee from disclosing information to a government or law enforcement agency, to a person with authority over the employee, or to ano…

In a civil action or administrative proceeding brought pursuant to Section 1102.5, once it has been demonstrated by a preponderance of the evidence that an activity proscribed by Section 1102.5 was a contributing factor in the alleged prohibited action against the employee, the e…

In any civil action or administrative proceeding brought pursuant to Section 1102.5, an employee may petition the superior court in any county wherein the violation in question is alleged to have occurred, or wherein the person resides or transacts business, for appropriate tempo…

(a) Upon the filing of the petition for injunctive relief, the petitioner shall cause notice thereof to be served upon the person, and thereupon the court shall have jurisdiction to grant such temporary injunctive relief as the court deems just and proper. (b) In addition to any …

(a) The office of the Attorney General shall maintain a whistleblower hotline to receive calls from persons who have information regarding possible violations of state or federal statutes, rules, or regulations, or violations of fiduciary responsibility by a corporation or limite…

(a) An employer shall prominently display in lettering larger than size 14 point type a list of employees’ rights and responsibilities under the whistleblower laws, including the telephone number of the whistleblower hotline described in Section 1102.7. (b) An employer shall be d…

An employer or any other person or entity that violates this chapter is guilty of a misdemeanor punishable, in the case of an individual, by imprisonment in the county jail not to exceed one year or a fine not to exceed one thousand dollars ($1,000) or both that fine and imprison…

In all prosecutions under this chapter, the employer is responsible for the acts of his managers, officers, agents, and employees. (Enacted by Stats. 1937, Ch. 90.)

Nothing in this chapter shall prevent the injured employee from recovering damages from his employer for injury suffered through a violation of this chapter. (Enacted by Stats. 1937, Ch. 90.)

For purposes of Sections 1102.5, 1102.6, 1102.7, 1102.8, 1104, and 1105, “employee” includes, but is not limited to, any individual employed by the state or any subdivision thereof, any county, city, city and county, including any charter city or county, and any school district, …

The Workers’ Compensation Appeals Board, consisting of seven members, shall exercise all judicial powers vested in it under this code. In all other respects, the Division of Workers’ Compensation is under the control of the administrative director and, except as to those duties, …

The members of the appeals board shall be appointed by the Governor with the advice and consent of the Senate. The term of office of the members appointed prior to January 1, 1990, shall be four years, and the term of office of members appointed on or after January 1, 1990, shall…

The Governor shall designate the chairman of the appeals board from the membership of the appeals board. The person so designated shall hold the office of chairman at the pleasure of the Governor. The chairman may designate in writing one of the other members of the appeals board…

Actions of the appeals board shall be taken by decision of a majority of the appeals board except as otherwise expressly provided. The chairman shall assign pending cases in which reconsideration is sought to any three members thereof for hearing, consideration and decision. Assi…

(a) Representatives designated by the submission of authorization cards or other proof of support or selected by a secret ballot by the majority of the agricultural employees in the bargaining unit shall be the exclusive representatives of all the agricultural employees in such u…

The bargaining unit shall be all the agricultural employees of an employer. If the agricultural employees of the employer are employed in two or more noncontiguous geographical areas, the board shall determine the appropriate unit or units of agricultural employees in which a sec…

(a) A petition that is either signed by, or accompanied by authorization cards signed by, a majority of the currently employed employees in the bargaining unit may be filed by an agricultural employee or group of agricultural employees, or any individual or labor organization act…

(a) A labor organization may become the exclusive representative for the agricultural employees of an appropriate bargaining unit for purposes of collective bargaining with respect to rates of pay, wages, hours of employment, or other conditions of employment by filing a Majority…

Recognizing that agriculture is a seasonal occupation for a majority of agricultural employees, and wishing to provide the fullest scope for employees’ enjoyment of the rights included in this part, the board shall not consider a representation petition or a petition to decertify…

(a) The board shall not direct an election or conduct a review of any majority support petition in any bargaining unit where a valid election has been held or majority support petition has been reviewed by the board in the immediately preceding 12-month period. (b) This section s…

The board shall not direct an election in any bargaining unit which is represented by a labor organization that has been certified within the immediately preceding 12-month period or whose certification has been extended pursuant to subdivision (b) of Section 1155.2. (Added by St…

(a) No collective-bargaining agreement executed prior to the effective date of this chapter shall bar a petition for an election. (b) A collective-bargaining agreement executed by an employer and a labor organization certified as the exclusive bargaining representative of his emp…

(a) All agricultural employees of the employer whose names appear on the payroll applicable to the payroll period immediately preceding the filing of a petition under this chapter shall be eligible to vote or have their submitted authorization card or other proof of support deeme…

In any election where none of the choices on the ballot receives a majority, a runoff shall be conducted, the ballot providing for a selection between the two choices receiving the largest and second largest number of valid votes cast in the election. (Added by Stats. 1975, 3rd E…

Employers shall maintain accurate and current payroll lists containing the names and addresses of all their employees, and shall make such lists available to the board upon request. (Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)

Whenever an order of the board made pursuant to Section 1160.3 is based in whole or in part upon the facts certified following an investigation pursuant to Sections 1156.3 to 1157.2, inclusive, and there is a petition for review of the order, the certification and the record of t…

In order to assure the full freedom of association, self-organization, and designation of representatives of the employees own choosing, only labor organizations certified pursuant to this part shall be parties to a legally valid collective-bargaining agreement. (Added by Stats. …

The seal of the appeals board bearing the inscription “Workers’ Compensation Appeals Board, Seal” shall be affixed to all writs and authentications of copies of records and to such other instruments as the appeals board directs. (Amended by Stats. 1981, Ch. 21, Sec. 4. Effective …

The administrative director may appoint an attorney licensed to practice law in the state as counsel to the division. (Amended by Stats. 1989, Ch. 892, Sec. 13.)

The attorney shall: (a) Represent and appear for the state and the Division of Workers’ Compensation and the appeals board in all actions and proceedings arising under any provision of this code administered by the division or under any order or act of the division or the appeals…

The administrative director and the chairman of the appeals board may each respectively appoint a secretary and assistant secretaries to perform such services as shall be prescribed. (Repealed and added by Stats. 1965, Ch. 1513.)