G047661 09-22-2014 SOLUS INDUSTRIAL INNOVATIONS, LLC, et al., Petitioners, v. The SUPERIOR COURT of Orange County, Respondent; The People, Real Party in Interest. Jones Day, Los Angeles, Brian A. Sun and Frederick D. Friedman, for Petitioners. No appearance for Respondent. Tony Rackauckas, District Attorney, and Kelly A. Roosevelt, Deputy District Attorney, for Real Party in Interest. Amy D. Martin, Pasadena, and Kathryn J. Woods, Los Angeles, for the Department of Industrial Relations Division of

Argued and Submitted July 18, 2003. NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3) Appeal from the United States District Court for the Northern District of California, Charles R. Breyer, District Judge, Presiding. D.C. No. CV-98-04457-CRB. Debra L. Kelly, pro se, Guerneville, CA, Alan Gregory Wonderwheel, Esq., Santa Rosa, CA, for Plaintiff-Appellant. Allan Steyer, Esq., Cassandra M. Hanley, Steyer, Lowenthal, Boodrookas, Alvarez & Smith, LLP, San Francisco, CA, Cory S

Docket No. A048574. July 12, 1990. Page 1548 COUNSEL Altshuler Berzon, Stephen P. Berzon, Michael Rubin, Charles P. Scully II, Donald C. Carroll, Ralph Santiago Abascal, Albert H. Meyerhoff, David B. Roe and Laurence Gold for Petitioners. Kroncik, Moskovitz, Tiedemann Girard, Charles A. Barrett, Janet K. Goldsmith, William E. Hvidsten and Stephen H. Goldberg for Respondent. OPINION SMITH, J. — I. Introduction In this case we consider whether respondent California Occupational Safety and Health Standards

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 private company, corporation, mutual association, and reciprocal or interinsurance exchange, authorized under the laws of this state to insure employers against liability for compensation under this part and under Division 4 (commencing with Section 3201), and any employer to whom a

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 administer all laws and lawful standards and orders, or special orders requiring such employment and place of employment to be safe, and requiring the protection of the life, safety, and health of every employee in such employment or place of employment. Ca. Lab. Code § 6307 Repealed and added by Stats. 1973, Ch. 993.

(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 a reasonable time after the termination of the inspection or investigation, notify the employer by certified mail of the citation or order, and that the employer has 15 working days from receipt of the notice within which to notify the appeals board that he or she wishes to contest the citation or order for any reason set forth in Section 6600

Any employer who violates any occupational safety or health standard, order, or special order, or Section 25910 of the Health and Safety Code, if that violation is a serious violation, shall be assessed a civil penalty of up to twenty-five thousand dollars ($25,000) for each violation. Employers who do not have an operative injury prevention program shall receive no adjustment for good faith of the employer or history of previous violations as provided in paragraphs (3) and (4) of subdivision (c)

(a) Any employer who violates any occupational safety or health standard, order, or special order, or Section 25910 of the Health and Safety Code, and the violation is specifically determined not to be of a serious nature, may be assessed a civil penalty of up to twelve thousand four hundred seventy-one dollars ($12,471) for each violation. (b) Commencing on January 1, 2018, and each January 1 thereafter, the maximum penalty amount specified in this section shall be increased based on the percentage

(a) Any employer who fails to correct a violation of any occupational safety or health standard, order, or special order, or Section 25910 of the Health and Safety Code, within the period permitted for its correction shall be assessed a civil penalty of not more than fifteen thousand dollars ($15,000) for each day during which the failure or violation continues. (b) Notwithstanding subdivision (a), for any employer who submits a signed statement affirming compliance with the abatement terms pursuant

(a)Effectiveness of State plan changes under State law. Federal OSHA approval of a State plan under section 18(b) of the OSH Act in effect removes the barrier of Federal preemption, and permits the State to adopt and enforce State standards and other requirements regarding occupational safety or health issues regulated by OSHA. A State with an approved plan may modify or supplement the requirements contained in its plan, and may implement such requirements under State law, without prior approval