Section 25913 Of Chapter 10.3. Spraying Of Asbestos From California Health And Safety Code >> Division 20. >> Chapter 10.3.
25913
. (a) (1) The Division of Occupational Safety and Health of
the Department of Industrial Relations shall enforce this chapter
with respect to the safety of employees as provided in Part 1
(commencing with Section 6300) of Division 5 of the Labor Code.
(2) However, the Division of Occupational Safety and Health shall
be responsible for the enforcement of subdivision (b) of Section
25910 only with respect to the manufacture of the substances
described there, only when workers are handling such substances, and
only if the division or any employee or agent of the division becomes
aware of such manufacture. Furthermore, in such cases, the division
shall enforce subdivision (b) of Section 25910 by issuing an order
prohibiting use or entry, pursuant to the procedure described in
Sections 6325 to 6327, inclusive, of the Labor Code, regardless of
whether there exists employee exposure, a dangerous condition,
improper guarding, dangerous placement, or an imminent hazard, and at
any hearing concerning the validity of such an order, no proof need
be tendered by the division concerning employee exposure, dangerous
condition, improper guarding, dangerous placement, or imminent
hazard.
(b) The State Department of Health Services shall have the
responsibility for the administration and enforcement of this chapter
with respect to its environmental and public health purposes and may
commence and maintain all proper and necessary actions to enjoin
activities constituting violations of this chapter or to compel the
performance of any act specifically required of any person, officer,
or board by this chapter with respect to the environmental and public
health purposes of this chapter. The state department shall enforce
the provisions of Section 25910 in any circumstances or facilities
except as provided in subdivision (a) of this section, and, in such
event, may notify the Division of Occupational Safety and Health of
any violations of such provisions within its jurisdiction.