With regard to serious safety violations, Assembly Bill 1634 permits the California Division of Occupational Safety and Health to modify civil penalties for abatement or grant an employer credit for abatement only if the employer (1) has abated the violation at the time of initial inspection; (2) has abated the violation at the time of a subsequent inspection prior to issuance of a citation; or (3) has submitted a signed statement under penalty of perjury with supporting evidence within 10 working days after the end of the abatement period.
Whenever a serious violation is not abated at the time of the initial or subsequent inspection, the division will require the employer to submit a signed statement under penalty of perjury, with supporting evidence where necessary, to prove abatement that the employer has complied with the abatement terms within the abatement period.
The filing of a petition for, or the pendency of, reconsideration of a final order or decision involving a citation classified as serious, repeat serious, or willful serious will not stay or suspend the abatement requirements unless the employer demonstrates by a preponderance of the evidence that a stay or suspension of abatement will not adversely affect the health and safety of employees.
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