Cal/OSHA Appeals Board: employee or employee representative appeal of abatement period (15 working days from issuance)

15 court days after issuance of the citation, special order, or order to take special action, under Lab. Code 6602; 8 CCR 361.1(a)-(b).

Rule text

Lab. Code 6602: "... if, within 15 working days of the issuance of a citation or order an 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, the appeals board shall afford an opportunity for a hearing." 8 CCR 361.1(a): "An employee or authorized employee's representative may, within 15 working days of the issuance of a citation, special order, or order to take special action, appeal to the Appeals Board the reasonableness of the period of time fixed by the Division for abatement." 8 CCR 361.1(b): "An Employee Appeal may be filed with the Division or the Appeals Board. No particular format is necessary to institute the appeal, but the notice of appeal must be in writing."

Lab. Code 6602; 8 CCR 361.1(a)-(b), official source

Calculate this deadline

Deadline
Tuesday, December 1, 2026
  1. Trigger (Issuance of the citation, special order, or order to take special action): Friday, November 6, 2026.
  2. Count 15 court days (Saturdays, Sundays, and court holidays are not counted): Tuesday, December 1, 2026.
Rules applied
Lab. Code 6602; 8 CCR 361.1(a)-(b)
Lab. Code 6602: "... if, within 15 working days of the issuance of a citation or order an 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, the appeals board shall afford an opportunity for a hearing." 8 CCR 361.1(a): "An employee or authorized employee's representative may, within 15 working days of the issuance of a citation, special order, or order to take special action, appeal to the Appeals Board the reasonableness of the period of time fixed by the Division for abatement." 8 CCR 361.1(b): "An Employee Appeal may be filed with the Division or the Appeals Board. No particular format is necessary to institute the appeal, but the notice of appeal must be in writing."
Official source
Gov. Code 6800; Gov. Code 6707 (filings with a state agency); CCP 12, 12a, 13; agency rules 8 CCR 10600 (WCAB), 8 CCR 32130 (PERB), 22 CCR 5000 'Holiday' definition (CUIAB)
Gov. Code 6800: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." 8 CCR 10600: "(a) The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last. (b) Unless otherwise provided by law, if the last day for exercising or performing any right or duty to act or respond falls on a weekend, or on a holiday for which the offices of the Workers' Compensation Appeals Board are closed, the act or response may be performed or exercised upon the next business day." 8 CCR 32130(a)-(b) (PERB): "(a) In computing any period of time under these regulations, except under Section 32776(c), (d), (e) and (f), the period of time begins to run the day after the act or occurrence referred to. (b) Whenever the last date to file a document falls on Saturday, Sunday, or a holiday, as defined in Government Code Sections 6700 and 6701, or PERB offices are closed, the time period for filing shall be extended to and include the next regular PERB business day. The extension of time provided herein shall be applied subsequent to the application of any other extension of time provided by these regulations or by other applicable law." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays."
Official source
  • Runs from ISSUANCE (not receipt). Must be in writing; may be filed with the Division or the Board. Limited to reasonableness of the abatement period. Working days: 8 CCR 347(ee) defines "Working Day" as any day that is not a Saturday, Sunday or State-recognized holiday under Gov. Code 6700 and 6701 (the broad state holiday list, including Lincoln Day, Lunar New Year, Genocide Remembrance Day, Juneteenth, Admission Day, Native American Day, Columbus Day and Diwali). The engine's state-office holiday list is narrower, so a forward count over one of those extra holidays can come out one day EARLY (conservative); lawyer should confirm.
  • If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.

This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.

Worked example

Issuance of the citation, special order, or order to take special action on Monday, March 15, 2027, personal service: due Tuesday, April 6, 2027.

  1. Trigger (Issuance of the citation, special order, or order to take special action): Monday, March 15, 2027.
  2. Count 15 court days (Saturdays, Sundays, and court holidays are not counted): Tuesday, April 6, 2027.

Notes

Runs from ISSUANCE (not receipt). Must be in writing; may be filed with the Division or the Board. Limited to reasonableness of the abatement period. Working days: 8 CCR 347(ee) defines "Working Day" as any day that is not a Saturday, Sunday or State-recognized holiday under Gov. Code 6700 and 6701 (the broad state holiday list, including Lincoln Day, Lunar New Year, Genocide Remembrance Day, Juneteenth, Admission Day, Native American Day, Columbus Day and Diwali). The engine's state-office holiday list is narrower, so a forward count over one of those extra holidays can come out one day EARLY (conservative); lawyer should confirm.

Related deadlines

All California agencies deadlines

Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.