California Labor Code 6327.5 – If the division arbitrarily or capriciously fails to take action to …
If the division arbitrarily or capriciously fails to take action to prevent or prohibit any conditions or practices in any employment or place of employment which are such that danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through other available means, any employee who may be injured by reason of such failure, or the representatives of such employees, may bring an action against the chief of the division in any appropriate court for a writ of mandate to compel the division to prevent or prohibit the condition. Nothing contained in this section shall be deemed to prevent the bringing of a writ of mandate against any appropriate person or entity as may be provided by law.
(Added by Stats. 1973, Ch. 993.)
Terms Used In California Labor Code 6327.5
- Division: means the Division of Occupational Safety and Health. See California Labor Code 6302
- Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Labor Code 18
- Serious physical harm: as used in this part , means any injury or illness, specific or cumulative, occurring in the place of employment or in connection with any employment, that results in any of the following:
California Labor Code 6432
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.