BILL NUMBER: SB 829	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 24, 2011

INTRODUCED BY   Senator DeSaulnier

                        FEBRUARY 18, 2011

   An act to amend  Section 7606 of   Sections
148.5, 148.6, 148.8, 149.5, 6309, 6317, 6600, 6601, 6601.5, 6602,
6603, 6610, 6620, 6622, 6625, 6627, and 6630 of, and to add Sections
6319.6, 6603.1, 6603.2, and 6603.3 to,  the Labor Code, relating
to employment safety.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 829, as amended, DeSaulnier.  Employment safety: dock
plates.   Division of Occupational Safety and Health:
Occupational Safety and Health Appeals Board.  
   Existing law establishes the Division of Occupational Safety and
Health in the Department of Industrial Relations to enforce
employment safety laws. Existing law authorizes the division to
conduct hearings, inspections, and investigations regarding alleged
violations of employment safety laws and to issue citations to
employers. Existing law establishes the Occupational Safety and
Health Appeals Board in the department and prescribes procedures for
the appeals board to hear and decide employer appeals of the division'
s enforcement actions.  
   This bill would revise and recast various provisions regarding
citations issued by the department, the persons or entities who are
authorized to participate as a party in an appeal before the appeals
board, and the procedures that govern the appeals board in hearing
and deciding appeals. The bill also would make other related
clarifying and conforming changes.  
   Existing law provides that a dock plate must be constructed and
maintained with strength sufficient to support its load. The dock
plate and its securing devices must be constructed to readily obtain
rigid security when spanning different lengths between a dock or
unloading platform and a vehicle. A dock plate must be constructed
and maintained so that it may be secured in position, as specified.
 
   This bill would make nonsubstantive changes to those provisions.

   Vote: majority. Appropriation: no. Fiscal committee: no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 148.5 of the   Labor
Code   is amended to read: 
   148.5.   The appeals board, in adjudicating appeals, shall
liberally construe the provisions of Division 5 (commencing with
Section 6300), as well as the standards and orders adopted by the
Division of Occu   pational Safety and Health or the
department pursuant to that division, and the standards and orders
adopted by the Occupational Safety and Health Standards Board
pursuant to Chapter 6 (commencing with Section 140) in order to
ensure safe and healthy working conditions for the working men and
women of this state.  A decision of the appeals board is final,
except for any rehearing or judicial review as permitted by Chapter
 4   7  (commencing with Section 6600) of
Part 1 of Division 5.
   SEC. 2.    Section 148.6 of the   Labor Code
  is amended to read: 
   148.6.  A decision of the appeals board is binding on the director
and the Division of Occupational Safety and Health with respect to
the parties involved in the particular appeal. The director 
shall have the right to   , a party, and  any
affected person may  seek judicial review of an appeals board
decision irrespective of whether or not he or she appeared or
participated in the appeal to the appeals board or its hearing
officer.
   SEC. 3.    Section 148.8 of the   Labor Code
  is amended to read: 
   148.8.  The appeals board and its duly authorized representatives
in the performance of its duties  shall have  
has  the powers of a head of a department as set forth in
Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of
Division 3 of Title 2 of the Government Code, except for Section
11185 of the Government Code.  In adjudicating appeals, the
appeals board is subject to and shall apply the rules and regulations
adopted by the department for the purpose of assisting in the
enforcement of the provisions of this code regarding  
occupational safety and health. 
   SEC. 4.    Section 149.5 of the  Labor Code
  is amended to read: 
   149.5.   (a)    The appeals board may award
reasonable costs, including attorney's fees, consultant's fees, and
witness' fees, not to exceed five thousand dollars ($5,000) in the
aggregate, to any employer who appeals a citation resulting from an
inspection or investigation conducted on or after January 1, 1980,
issued for  a  violation of  Division 5 (commencing with
Section 6300) or of  an occupational safety and health
standard, rule, order, or regulation  established 
 adopted  pursuant to Chapter 6 (commencing with Section
140) of Division 1  ,  if (1)  either
 the employer prevails in the appeal  ,  or
the citation is withdrawn, and (2) the appeals board finds that the
issuance of the citation was the result of arbitrary or capricious
action or conduct by the division.  The appeals board may award
reasonable costs, including attorney's fees, consultant's fees, and
witness' fees, not to exceed five thousand dollars ($5,000) in the
aggr   egate, to the division if (1) it prevails in an
appeal filed by the employer or the appeal is withdrawn, and (2) the
appeals board finds that the employer acted in bad faith or had no
  factual basis for filing the appeal.  
   (b) Costs and fees awarded to the division shall be deposited into
the division's regular operating budget.  
   The appeals board shall adopt rules of practice and procedure to
implement this section.  
   The 
    (c)     The  payment of costs  and
fees by the division  pursuant to this section shall be from
funds in the  division's  regular operating budget 
of the division  . The division shall show in its proposed
budget for each fiscal year the following information with respect to
the prior fiscal year: 
   (a) 
    (1)  The total costs paid. 
   (b) 
    (2)  The number of cases in which costs were paid.
   SEC. 5.    Section 6309 of the   Labor Code
  is amended to read: 
   6309.   (a)    If the division learns or has
reason to believe that an employment or place of employment is not
safe or is injurious to the welfare of an employee, it may, on its
own motion, or upon complaint, summarily investigate the same with or
without notice or hearings. However, if the division receives a
complaint from  (1)  an employee,  (2)  an employee'
s representative, including, but not limited to, an attorney,
 health or safety professional   a family member
 ,  a  union representative,  or 
 regardless of whether the representative's union has a
collective bargaining agreement with the employer, or a community,
employee, or legal organization, (3) a health or safety professional,
(4) a  government agency representative, or  (5)  an
employer of an employee directly involved in an unsafe place of
employment, that his or her employment or place of employment is not
safe, it shall, with or without notice or hearing, summarily
investigate the complaint as soon as possible, but not later than
three working days after receipt of a complaint charging a serious
violation, and not later than 14 calendar days after receipt of a
complaint charging a nonserious violation. The division shall attempt
to determine the period of time in the future that the complainant
believes the unsafe condition may continue to exist, and shall
allocate inspection resources so as to respond first to those
situations in which time is of the essence. For purposes of this
section, a complaint is deemed to allege a serious violation if the
division determines that the complaint charges that there is a
substantial probability that death or serious physical harm could
result from a condition which exists, or from one or more practices,
means, methods, operations, or processes which have been adopted or
are in use in a place of employment. When a complaint charging a
serious violation is received from a state or local prosecutor, or a
local law enforcement agency, the division shall summarily
investigate the employment or place of employment within 24 hours of
receipt of the complaint. All other complaints are deemed to allege
nonserious violations. The division may enter and serve any necessary
order relative thereto. The division is not required to respond to a
complaint within this period where, from the facts stated in the
complaint, it determines that the complaint is intended to willfully
harass an employer or is without any reasonable basis. 
   The 
    (b)     The  division shall keep
complete and accurate records of all complaints, whether verbal or
written, and shall inform the complainant, whenever his or her
identity is known, of any action taken by the division in regard to
the subject matter of the complaint, and the reasons for the action,
within 14 calendar days of taking any action. The records of the
division shall include the dates on which any action was taken on the
complaint, or the reasons for not taking any action on the
complaint. The division shall, pursuant to authorized regulations,
conduct an informal review of any refusal by a representative of the
division to issue a citation with respect to an alleged violation.
The division shall furnish the employee or the representative of
employees requesting the review a written statement of the reasons
for the division's final disposition of the case. 
   The 
    (c)     The  name of a person who
submits to the division a complaint regarding the unsafe condition of
an employment or place of employment shall be kept confidential by
the division, unless that person requests otherwise. 
   The 
    (d)     The  division shall annually
compile and release on its  Internet  Web site data
pertaining to complaints received and citations issued. 
   The 
    (e)     The  requirements of this
section do not relieve the division of its requirement to inspect and
assure that all places of employment are safe and healthful for
employees. The division shall maintain the capability to receive and
act upon complaints at all times.
   SEC. 6.    Section 6317 of the   Labor Code
  is amended to read: 
   6317.   (a)    If, upon inspection or
investigation, the division believes that an employer has violated
Section 25910 of the Health and Safety Code  or 
 , Division 5 (commencing with Section 6300) of this code, or
 any standard, rule, order, or regulation  established
  adopted  pursuant to Chapter 6 (commencing with
Section 140) of Division 1  of the Labor Code,  
of this code,  or any standard, rule, order, or regulation
established pursuant to this  part   code 
, it shall with reasonable promptness issue a citation to the
employer. Each citation shall be in writing and shall describe with
particularity the nature of the violation, including a reference to
the provision of the code, standard, rule, regulation, or order
alleged to have been violated. In addition, the citation shall fix a
reasonable time for the abatement of the alleged violation. The
period specified for abatement shall not commence running until the
date the citation or notice is received by certified mail and the
certified mail receipt is signed, or if not signed, the date the
return is made to the post office. If the division officially and
directly delivers the citation or notice to the employer, the period
specified for abatement shall commence running on the date of the
delivery. 
   A 
    (b)     A  "notice" in lieu of
citation may be issued with respect to violations found in an
inspection or investigation which meet either of the following
requirements:
   (1) The violations do not have a direct relationship upon the
health or safety of an employee.
   (2) The violations do not have an immediate relationship to the
health or safety of an employee, and are of a general or regulatory
nature. A notice in lieu of a citation may be issued only if the
employer agrees to correct the violations within a reasonable time,
as specified by the division, and agrees not to appeal the finding of
the division that the violations exist. A notice issued pursuant to
this paragraph shall have the same effect as a citation for purposes
of establishing repeat violations or a failure to abate. Every notice
shall clearly state the abatement period specified by the division,
that the notice may not be appealed, and that the notice has the same
effect as a citation for purposes of establishing a repeated
violation or a failure to abate. The employer shall indicate
agreement to the provisions and conditions of the notice by his or
her signature on the notice. 
   Under 
    (c)     Under  no circumstances shall
a notice be issued in lieu of a citation if the violations are
serious, repeated, willful, or arise from a failure to abate.

   The 
    (d)     The  director shall prescribe
guidelines for the issuance of these notices. 
   The 
    (e)     The  division may impose a
civil penalty against an employer as specified in Chapter 4
(commencing with Section 6423)  of this part  . A
notice in lieu of a citation may not be issued if the number of first
instance violations found in the inspection (other than serious,
willful, or repeated violations) is 10 or more violations. 
   No 
    (f)     No  citation or notice shall
be issued by the division for a given violation or violations after
six months have elapsed since occurrence of the violation  ,
except that a citation may be amended pursuant to Section 6603.2
 . 
   The 
    (g)     The  director shall prescribe
procedures for the issuance of a citation or notice. 
   The 
    (h)     The  division shall prepare
and maintain records capable of supplying an inspector with previous
citations and notices issued to an employer.
   SEC. 7.    Section 6319.6 is added to the  
Labor Code   , to read:  
   6319.6.  (a) The appeals board shall not stay an abatement measure
required by the division as part of an enforcement action pending
appeal unless the employer indicates, by verified petition in its
notice of appeal to the appeals board, that it seeks a stay of
abatement and states the reasons why abatement is not necessary to
protect the health or safety of employees. The employer may submit
additional evidence, under penalty of perjury, accompanying the
verified petition, upon which a decision may be made. Any party may,
within 10 calendar days of the employer's notice of appeal, submit
declarations or other evidence, under penalty of perjury, as to why
abatement should not be stayed. The employer may request a hearing
before the appeals board on this issue upon payment of a filing fee
of two hundred fifty dollars ($250).
   (b) The appeals board may make a determination regarding the
request for a stay of abatement based on the employer's verified
petition and the evidence submitted under penalty of perjury by the
employer and any other party, or may hold a hearing within 30
calendar days of receipt of the verified petition. The abatement
shall be stayed pending the determination.
   (c) The appeals board shall issue a written determination within
30 calendar days of receipt of the employer's petition for a stay of
abatement, or within 10 days of completion of the hearing if a
hearing is held, granting or denying the requested stay of abatement
with an explanation of the reasons for its decision.
   (d) The appeals board may grant a stay of abatement pending appeal
if it finds either of the following:
   (1) No employee will be exposed to an unsafe or unhealthy
condition.
   (2) The condition is unlikely to cause death, serious injury or
illness, or serious exposure to any worker.
   (e) Notwithstanding subdivision (c), the appeals board may take an
additional 30 days to complete the hearing process if it determines
that the complexity of the matter requires the additional time for an
adequate resolution and that employee safety will not be jeopardized
by the delay.
   (f) The appeals board may order the employer to implement interim
safety or health measures as part of a determination that the matter
will be extended for the additional 30 days pursuant to subdivision
(e) or should it grant a stay of abatement. 
   SEC. 8.    Section 6600 of the   Labor Code
  is amended to read: 
   6600.   (a)    Any employer served with a
citation or notice pursuant to Section 6317, or a notice of proposed
penalty under this part, or any other person obligated to the
employer as specified in subdivision (b) of Section 6319, may appeal
to the appeals board within 15 working days from the receipt of
 such   the  citation or  such
  the  notice with respect to violations alleged by
the division, abatement periods, amount of proposed penalties, and
the reasonableness of the changes required by the division to abate
the condition. 
   (b) Whenever a citation has been issued or a notice served
pursuant to Section 6308 or 6317, the appeals board shall permit any
of the following, within 15 working days of actual notice of the
citation or notice, to participate in an appeal and to contest the
reasonableness of the period of time fixed in the citation or order
for the abatement of the violation, the sufficiency of the changes
required to abate the condition, and the characterization of the
violation:  
   (1) An employee or his or her representative, as described in
Section 6309.  
   (2) A union that has a collective bargaining agreement with any
employer that covers the cited employer's place of employment.

   (3) A deceased worker's successor in interest, heir, beneficiary,
or other representative.  
   (c) The appeals board may allow any other person or entity to
participate as a party in an appeal in the interests of justice.
 
   (d) The division is a party to all proceedings before the appeals
board, whether or not the division has appeared or participated in a
given proceeding. 
   SEC. 9.    Section 6601 of the   Labor Code
  is amended to read: 
   6601.  If within 15 working days from receipt of the citation or
notice of civil penalty issued by the division, the employer fails to
notify the appeals board that  he   it 
intends to contest the citation or notice of proposed penalty, and no
notice contesting the abatement period  is filed by any
employee or representative of the employee   , the
sufficiency of the changes required to abate the condition, or the
characterization of any violation is filed by any party  
described in subdivision (b) of Section 6600  within 
such   that  time, the citation or notice of
proposed penalty shall be deemed a final order of the appeals board
and not subject to review by any court or agency. The 15-day period
may be extended by the appeals board for good cause.
   SEC. 10.    Section 6601.5 of the   Labor
Code   is amended to read: 
   6601.5.  If, within 15 working days from receipt of a special
order, or action order by the division, the employer fails to notify
the appeals board that he or she intends to contest the order, and no
notice contesting the abatement period  is filed by any
employee or representative of the employee   , the
sufficiency of the changes required to abate the condition, or the
characterization of any violation is filed by any party described in
subdivision (b) of Section 6600  within that time, the order
shall be deemed a final order of the appeals board and not subject to
review by any court or agency. The 15-day period may be extended by
the appeals board for good cause.
   SEC. 11.    Section 6602 of the   Labor Code
  is amended to read: 
   6602.  If an employer notifies the appeals board that he or she
intends to contest a citation issued under Section 6317, or notice of
proposed penalty issued under Section 6319, or order issued under
Section 6308, or if, within 15 working days of the issuance of a
citation or order  ,  any employee or representative of an
employee files a notice with the division or appeals board alleging
that the period of time fixed in the citation or order for the
abatement of the violation is unreasonable,  that the changes
required to abate the condition are insufficient, or that the
characterization of any violation is improper,  the appeals
board shall afford an opportunity for a hearing. The appeals board
shall thereafter issue a decision, based on findings of fact,
affirming, modifying or vacating the division's citation  ,
  or  order,  or   and may
modify the  proposed penalty,  if the penalty modification
is not in conflict with any other section of   this code or
regulation   of the department,  or  directing
  direct  other appropriate relief.
   SEC. 12.    Section 6603 of the   Labor Code
  is amended to read: 
   6603.  (a) The rules of practice and procedure adopted by the
appeals board shall  be   do all of the
following: 
    (1)     Be  consistent with Article 8
(commencing with Section 11435.05) of Chapter 4.5 of Part 1 of
Division 3 of Title 2 of, and Sections 11507, 11507.6, 11507.7,
11513, 11514, 11515, and 11516 of, the Government Code, and shall
provide affected employees or representatives of affected employees
an opportunity to participate as parties to a hearing under Section
6602. 
   (2) Ensure that all parties participate fully in any hearing,
receive notices, be permitted to subpoena witnesses and documents at
any time before the completion of the hearing, offer evidence,
examine and cross-examine witnesses, and argue and submit briefs.
Parties shall also have the right to participate fully in the
settlement of a matter at the prehearing conference, hearing, or in
any other proceedings where settlement may be reached. A party
described in subdivision (b) of Section 6600 may object, within 15
working days of notice of the settlement agreement between the
employer and the division, to provisions regarding the
characterization of a violation, the amount of time in which
abatement is to be accomplished, or the nature and sufficiency of
abatement in a settlement agreement, if any of those are at issue in
the appeal.  
   (3) Provide for the scheduling of hearings in a manner designed to
minimize inconvenience to the division and all parties and witnesses
who are required to attend the hearings, and to be completed without
significant lapses in time should the hearing not be completed
within the time originally scheduled. The appeals board shall set
initial hearing dates, subject to change upon agreement of the
parties within 30 days of the notice of the initial hearing date, and
shall not grant subsequent continuances absent good cause. 

   (4) Establish a settlement program designed to bring the parties
to an agreement at the earliest possible stage of the appeal. 
   (b) The superior courts shall have jurisdiction over contempt
proceedings, as provided in Article 12 (commencing with Section
11455.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the
Government Code.
   SEC. 13.    Section 6603.1 is added to the  
Labor Code   , to read:  
   6603.1.  (a) The Legislature finds and declares that it is the
duty of the appeals board to further the purposes of this division,
which include ensuring safe and healthful working conditions for all
working men and women in the state. The appeals board and its
administrative law judges shall, in the conduct of hearings, gather
evidence through oral testimony and records that is best calculated
to ascertain the substantial rights of the parties and carry out
justly the letter and spirit of this division, make a complete
inquiry into the facts as to whether the employer committed the
violation or violations alleged in the citation, and ensure that a
full hearing record is obtained.
   (b) It is the intent of the Legislature that hearings held
pursuant to this chapter be conducted in an informal setting that
preserves the rights of the parties. In conducting hearings, the
appeals board shall permit hearsay and opinion evidence, according it
the weight that is appropriate under the circumstances, call and
examine a party or any witness, and, on own its own motion, may admit
any relevant and material evidence. 
   SEC. 14.    Section 6603.2 is added to the  
Labor Code   , to read:  
   6603.2.  (a) The appeals board shall, at any time before an appeal
is submitted for decision, regardless of whether the statute of
limitations has run, allow the division to add or delete a citation
or amend a citation or order by adding or striking out the name of
any party, correcting a mistake in the name of a party, or correcting
a clerical error or mistake in any other respect. The appeals board
may allow the employer to amend, according to proof presented by the
employer, the basis of its appeal. Leave to amend shall be liberally
granted if the factual circumstances serving as the basis for the
amendments have been litigated by the parties.
   (b) Each party shall be given notice of the intended amendment and
an opportunity to object on the basis of prejudice. If prejudice is
shown, the amendment shall not be granted. However, if the prejudice
can be remedied by a continuance of the hearing, a continuance for
further proceedings shall be granted in lieu of denying the
amendment. 
   SEC. 15.    Section 6603.3 is added to the  
Labor Code   , to read:  
   6603.3.  Whenever a case is within the jurisdiction of the Bureau
of Investigations pursuant to Section 6315, the appeals board shall
continue any hearing upon the written request of the division,
employer, or any prosecuting attorney with jurisdiction over a
criminal case involving the citation for which an appeal has been
filed pursuant to Section 6602. In lieu of a continuance, the appeals
board may dismiss the employer's appeal with leave to refile within
15 calendar days of the completion of the criminal case. Completion
of the criminal case shall be deemed to occur on the date of a
verdict of not guilty or the date of sentencing after a verdict or
plea of guilty or no contest. 
   SEC. 16.    Section 6610 of the   Labor Code
  is amended to read: 
   6610.   (a)    Any notice, order, or decision
required by this part to be served upon any person either before,
during, or after the institution of any proceeding before the appeals
board, shall be served in the manner provided by Chapter 5
(commencing with Section 1010) of Title 14 of Part 2 of the Code of
Civil Procedure, unless otherwise directed by the appeals board. In
the latter event  ,  the document shall be served in
accordance with the order or direction of the appeals board. The
appeals board may, in the  cases mentioned  
circumstances addressed  in the Code of Civil Procedure, order
service to be made by publication of notice of time and place of
hearing. Where service is ordered to be made by publication  ,
 the date of the hearing shall be fixed  at 
more than 30 days from the date  of filing  the
application  was filed  . 
   (b) The employer shall give notice of any appeal filed pursuant to
Section 6602 to its employees by posting the docketed appeal form,
participation notice, and notice of hearing at or near the site of
the alleged violation, or, if that is
            not practicable, at a conspicuous place where it will be
readily observable by employees or at a location where employees
report each day. The employer shall provide notice to each union, if
any, with which it has a collective bargaining agreement. If the
employer is cited as a controlling employer pursuant to paragraph (3)
of subdivision (b) of Section 6400, it shall provide notice to the
employers at the place of employment on the dates of any alleged
violations. If an employee was injured, made ill, or killed as a
result of the alleged violation that is being appealed, the employer
shall also provide notice to the employee or, if the employee is
deceased, the employee's family. 
   SEC. 17.    Section 6620 of the   Labor Code
  is amended to read: 
   6620.  Upon the filing of a petition for reconsideration, or
having granted reconsideration upon its own motion, the appeals board
may, with or without further proceedings and with or without notice
 ,  affirm, rescind, alter, or amend the order or decision
made and filed by the appeals board or hearing officer on the basis
of the evidence previously submitted in the case,  or may
grant   and shall issue an opinion or order within 90
days of the filing of the petition for reconsideration. If the
appeals board grants reconsideration and  direct
  directs  the taking of additional evidence  ,
it shall set a hearing for the taking of additional evidence within
60 days of the filing of the petition for reconsideration  .
Notice of the time and place of any hearing on reconsideration shall
be given to the petitioner and adverse parties and to  such
  any  other persons as the appeals board orders.
   SEC. 18.    Section 6622 of the   Labor Code
  is amended to read: 
   6622.  After the taking of additional evidence and a consideration
of all of the facts the appeals board may affirm, rescind, alter, or
amend the original order or decision. An order or decision made
following reconsideration which affirms, rescinds, alters, or amends
the original order or decision shall be made by the appeals board but
shall not affect any right or the enforcement of any right arising
from or by  virture   virtue  of the
original order or decision unless so ordered by the appeals board.
 The appeals board shall issue an opinion or order  
within 90 days after the hearing at which additional evidence is
received. 
   SEC. 19.    Section 6625 of the  Labor Code
  is amended to read: 
   6625.  The filing of a petition for reconsideration shall suspend
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. The appeals board upon the terms and conditions
 which   that  it by order directs, may
stay, suspend, or postpone the order or decision during the pendency
of the reconsideration  , except as to requirements for abatement
set forth in Section 6319.6  .
   SEC. 20.    Section 6627 of the   Labor Code
  is amended to read: 
   6627.  Any person affected by an order or decision of the appeals
board may, within the time limit specified in this section, apply to
the superior court of the county in which he  or she 
resides,  in which the employer is located, or in which the
appeals board is located,  for a writ of mandate, for the
purpose of inquiring into and determining the lawfulness of the
original order or decision or of the order or decision following
reconsideration.  For purposes of this section, "any person
affected" includes the division, the   employer, a party, an
intervenor, and any person seeking to enforce the public's right to
safe and healthful working conditions on behalf of employees within
the state, regardless of whether that person has a beneficial
interest in the order or decision at issue.  The application for
writ of mandate must be made within 30 days after a petition for
reconsideration is denied, or, if a petition is granted or
reconsideration is had on the appeals board's own motion, within 30
days after the filing of the order or decision following
reconsideration.
   SEC. 21.    Section 6630 of the   Labor Code
  is amended to read: 
   6630.  The findings and conclusions of the appeals board on
questions of fact are conclusive and final and are not subject to
review. Such questions of fact shall include ultimate facts and the
findings and conclusions of the appeals board. The appeals board and
each party to the action or proceeding before the appeals board 
, and any person affected as defined in Section 6627,  shall
have the right to appear in the mandate proceeding. Upon the hearing,
the court shall enter judgment either affirming or annulling the
order or decision, or the court may remand the case for further
proceedings before the appeals board. 
  SECTION 1.    Section 7606 of the Labor Code is
amended to read:
   7606.  Each dock plate shall be constructed and maintained with
strength sufficient to support the load carried thereon.
   Dock plates shall be secured in position when spanning the space
between the dock or the unloading platform and the vehicle. The dock
plate, together with its securing devices, where used over spans of
different lengths, shall be of such construction as will readily
obtain rigid security over such spans.
   The dock plates shall be so constructed and maintained that when
they are secured in position the end edges of the plate shall be in
substantial contact with the dock or loading platform, and with the
vehicle bed in a manner that prevents rocking or sliding.