BILL NUMBER: AB 1719 CHAPTERED
BILL TEXT
CHAPTER 884
FILED WITH SECRETARY OF STATE OCTOBER 12, 2003
APPROVED BY GOVERNOR OCTOBER 12, 2003
PASSED THE ASSEMBLY SEPTEMBER 11, 2003
PASSED THE SENATE SEPTEMBER 9, 2003
AMENDED IN SENATE SEPTEMBER 8, 2003
AMENDED IN SENATE JULY 15, 2003
AMENDED IN SENATE JULY 1, 2003
AMENDED IN ASSEMBLY APRIL 28, 2003
INTRODUCED BY Committee on Labor and Employment (Koretz (Chair),
Mullin (Vice Chair), Chu, Hancock, Laird, and Negrete McLeod)
FEBRUARY 27, 2003
An act to amend Sections 515.6, 3099.2, 3099.3, 3099.4, 6309, and
6315 of, and to add Section 3201.81 to, the Labor Code, relating to
employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 1719, Committee on Labor and Employment. Employment.
Existing law exempts specified doctors from overtime pay.
This bill would make a technical change as to which doctors are
exempted.
Existing law requires individuals who perform work as electricians
to become certified by January 1, 2005, and prohibits uncertified
individuals from performing electrical work for which certification
is required after that date. After the January 1, 2005,
certification deadline, an uncertified person may perform electrical
work for which certification is required to obtain on-the-job
experience as a registered apprentice, if the uncertified person
meets certain requirements.
This bill would permit the California Apprenticeship Council to
extend for up to two years the January 1, 2005, certification
deadline and requires the council to extend the deadline if the
council concludes that the January 1, 2005, deadline does not provide
individuals sufficient time to become certified, enroll in
apprenticeship programs, or register as an uncertified person
performing electrical work.
Existing law requires the Division of Apprenticeship Standards to
provide for the administration of electrician certification tests in
non-English languages spoken by a substantial number of applicants,
except insofar as the ability to understand specified information in
English is necessary for safety reasons. Existing law further
requires the division to complete a report to the Legislature on the
status of electrician certification by January 1, 2004.
This bill would amend existing law to require the division to
administer certification tests in Spanish and, to the extent
practicable, other non-English languages spoken by a substantial
number of applicants. This bill would further extend the deadline by
which the division must report to the Legislature on the status of
electrician certification to an unspecified date prior to the
deadline for electricians to become certified.
Under existing law, certain industries may enter into collective
bargaining agreements that establish an alternative dispute
resolution system to supplement or replace all or part of the dispute
resolution processes set forth in Division 4 of the Labor Code,
relating to workers' compensation.
This bill would, contingent upon the enactment and operation of SB
228, designate the organization certified by the California Horse
Racing Board to represent the majority of licensed jockeys to
negotiate a similar agreement for licensed jockeys.
Under existing law, the Division of Occupational Safety and Health
investigates complaints that a workplace is not safe, and it may
issue orders necessary to ensure employee safety. It notifies a
complainant of any action taken.
This bill would require the division to notify the complainant
within 14 calendar days of taking action. It would also require the
division to annually compile and release on its Web site information
as to complaints received and actions taken.
Under existing law, the Bureau of Investigation within the
division is responsible for directing accident violations where there
is a serious injury to 5 or more employees, death, or a request for
prosecution by the division. It also refers appropriate cases to
prosecuting authorities.
This bill would require the division to provide helpful
information to the bureau. It would also require the bureau to
notify the prosecuting authorities within 14 calendar days of a
determination that there is legally insufficient evidence of a
violation of law if the prosecuting authorities request notice.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 515.6 of the Labor Code is amended to read:
515.6. (a) Section 510 shall not apply to any employee who is a
licensed physician or surgeon, who is primarily engaged in duties
that require licensure pursuant to Chapter 5 (commencing with Section
2000) of Division 2 of the Business and Professions Code, and whose
hourly rate of pay is equal to or greater than fifty-five dollars
($55.00). The Division of Labor Statistics and Research shall adjust
this threshold rate of pay each October 1, to be effective the
following January 1, by an amount equal to the percentage increase in
the California Consumer Price Index for Urban Wage Earners and
Clerical Workers.
(b) The exemption provided in subdivision (a) shall not apply to
an employee employed in a medical internship or resident program or
to a physician employee covered by a valid collective bargaining
agreement pursuant to Section 514.
SEC. 2. Section 3099.2 of the Labor Code is amended to read:
3099.2. (a) (1) Persons who perform work as electricians shall
become certified pursuant to Section 3099 by January 1, 2005. After
January 1, 2005, uncertified persons may not perform electrical work
for which certification is required.
(2) The California Apprenticeship Council may extend for up to two
years the January 1, 2005, deadline for persons who perform work as
electricians to become certified. The council shall extend the
deadline if the council concludes that the existing deadline will not
provide individuals sufficient time to obtain certification, enroll
in apprenticeship programs, or register pursuant to Section 3099.4.
The council may set different deadlines for different certification
categories.
(3) For purposes of any continuing education or recertification
requirement, individuals who become certified prior to the deadline
for certification shall be treated as having become certified on the
first anniversary of their certification date that falls after the
certification deadline.
(b) Certification is required only for those persons who perform
work as electricians for contractors licensed as Class C-10
electrical contractors under the Contractors' State License Board
Rules and Regulations. Certification is not required for persons
performing work for contractors licensed as Class C-7 low voltage
systems or Class C-45 electric sign contractors as long as the work
performed is within the scope of the Class C-7 or Class-45 license,
including incidental and supplemental work as defined in Section 7059
of the Business and Professions Code, and regardless of whether the
same contractor is also licensed as a Class C-10 contractor.
(c) The division may establish different certification categories
corresponding to the types of electrical work performed by
contractors.
(d) Notwithstanding subdivision (a), certification is not required
for registered apprentices performing electrical work as part of an
apprenticeship program approved under this chapter, a federal Bureau
of Apprenticeship Training program, or a state apprenticeship program
authorized by the federal Bureau of Apprenticeship Training. An
apprentice who is within one year of completion of his or her term of
apprenticeship shall be permitted to take the certification
examination and, upon passing the examination, shall be certified
immediately upon completion of the term of apprenticeship.
(e) Notwithstanding subdivision (a), certification is not required
for any person employed pursuant to Section 3099.4.
(f) Notwithstanding subdivision (a), certification is not required
for a nonresidential lighting trainee (1) who is enrolled in an
on-the-job instructional training program approved by the Chief of
the Division of Apprenticeship Standards pursuant to Section 3090,
and (2) who is under the onsite supervision of a nonresidential
lighting technician certified pursuant to Section 3099.
(g) Notwithstanding subdivision (a), the qualifying person for a
Class C-10 electrical contractor license issued by the Contractors
State License Board need not also be certified pursuant to Section
3099 to perform electrical work for that licensed contractor or to
supervise an uncertified person employed by that licensed contractor
pursuant to Section 3099.4.
(h) For the purposes of this section, "electricians" has the same
meaning as the definition set forth in Section 3099.
SEC. 3. Section 3099.3 of the Labor Code is amended to read:
3099.3. The Division of Apprenticeship Standards shall do all of
the following:
(a) Make information about electrician certification available in
non-English languages spoken by a substantial number of construction
workers, as defined in Section 7296.2 of the Government Code.
(b) Provide for the administration of certification tests in
Spanish and, to the extent practicable, other non-English languages
spoken by a substantial number of applicants, as defined in Section
7296.2 of the Government Code, except insofar as the ability to
understand warning signs, instructions, and certain other information
in English is necessary for safety reasons.
(c) Ensure, in conjunction with the California Apprenticeship
Council, that by no later than January 1, 2003, all electrician
apprenticeship programs approved under this chapter that impose
minimum formal education requirements as a condition of entry provide
for reasonable alternative means of satisfying those requirements.
(d) Ensure, in conjunction with the California Apprenticeship
Council, that by no later than January 1, 2003, all electrician
apprenticeship programs approved under this chapter have adopted
reasonable procedures for granting credit toward a term of
apprenticeship for other vocational training and on-the-job training
experience.
(e) Report to the Legislature prior to the deadline for
individuals to become certified, on the status of electrician
certification, including all of the following:
(1) The number of persons who have been certified pursuant to
Section 3099.
(2) The number of persons enrolled in electrician apprenticeship
programs.
(3) The number of persons who have registered pursuant to Section
3099.4.
(4) The estimated number of individuals performing work for Class
C-10 electrical contractors for which certification will be required
after the deadline for certification, who have not yet been certified
and are not enrolled in apprenticeship programs or registered
pursuant to Section 3099.4.
(5) Whether enforcement of the deadline for certification will
cause a shortage of electricians in California.
(6) Whether persons who wish to become certified electricians will
have an adequate opportunity to pass the certification exam, to
register pursuant to Section 399.4, or to enroll in an apprenticeship
program prior to the deadline for certification.
SEC. 4. Section 3099.4 of the Labor Code is amended to read:
3099.4. (a) After the deadline for certification, an uncertified
person may perform electrical work for which certification is
required under Section 3099 in order to acquire the necessary
on-the-job experience for certification, if all of the following
requirements are met:
(1) The person is registered with the Division of Apprenticeship
Standards. A list of current registrants shall be maintained by the
division and made available to the public upon request.
(2) The person either has completed or is enrolled in an approved
curriculum of classroom instruction.
(3) The employer attests that the person shall be under the direct
supervision of an electrician certified pursuant to Section 3099 who
is responsible for supervising no more than one uncertified person.
An employer who is found by the division to have failed to provide
adequate supervision may be barred by the division from employing
uncertified individuals pursuant to this section in the future.
(b) For purposes of this section, an "approved curriculum of
classroom instruction" means a curriculum of classroom instruction
approved by the electrician certification curriculum committee
established pursuant to paragraph (2) of subdivision (a) of Section
3099 and provided under the jurisdiction of the State Department of
Education or the Board of Governors of the California Community
Colleges.
(c) For purposes of this section, a person is "enrolled" in an
approved curriculum of classroom instruction if the person is
attending classes on a full-time or part-time basis toward the
completion of such a curriculum.
(d) Registration under this section shall be renewed annually and
the registrant shall provide to the division certification of the
class work completed and on-the-job experience acquired since the
prior registration.
(e) The division shall establish registration fees necessary to
implement this section, not to exceed twenty-five dollars ($25) for
the initial registration. There shall be no fee for annual renewal
of registration. Fees collected are continuously appropriated in an
amount sufficient to administer this section and that amount may be
expended by the division for this purpose.
(f) The division shall issue regulations to implement this
section.
(g) For purposes of Section 1773, persons employed pursuant to
this section do not constitute a separate craft, classification, or
type of worker.
(h) Notwithstanding any other provision of law, an uncertified
person who has completed an approved curriculum of classroom
instruction and is currently registered with the division may take
the certification examination. The person shall be certified upon
passing the examination and satisfactorily completing the requisite
number of on-the-job hours required for certification. A person who
passes the examination prior to completing the requisite hours of
on-the-job experience shall continue to comply with subdivision (d)
of this section.
SEC. 5. Section 3201.81 is added to the Labor Code, to read:
3201.81. In the horse racing industry, the organization certified
by the California Horse Racing Board to represent the majority of
licensed jockeys pursuant to subdivision (b) of Section 19612.9 of
the Business and Professions Code is the labor organization
authorized to negotiate the collective bargaining agreement
establishing an alternative dispute resolution system for licensed
jockeys pursuant to Section 3201.8.
SEC. 6. Section 6309 of the Labor Code is amended to read:
6309. 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 an employee, an
employee's representative, including, but not limited to, an
attorney, health or safety professional, union representative, or
government agency representative, or 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 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 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 division shall annually compile and release on its Web site
data pertaining to complaints received and citations issued.
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. 7. Section 6315 of the Labor Code is amended to read:
6315. (a) There is within the division a Bureau of
Investigations. The bureau is responsible for directing accident
investigations involving violations of standards, orders, special
orders, or Section 25910 of the Health and Safety Code, in which
there is a serious injury to five or more employees, death, or
request for prosecution by a division representative. The bureau
shall review inspection reports involving a serious violation where
there have been serious injuries to one to four employees or a
serious exposure, and may investigate those cases in which the bureau
finds criminal violations may have occurred. The bureau is
responsible for preparing cases for the purpose of prosecution,
including evidence and findings.
(b) The division shall provide the bureau with all of the
following:
(1) All initial accident reports.
(2) The division's inspection report for any inspection involving
a serious violation where there is a fatality, and the reports
necessary for the bureau's review required pursuant to subdivision
(a).
(3) Any other documents in the possession of the division
requested by the bureau for its review or investigation of any case
or which the division determines will be helpful to the bureau in its
investigation of the case.
(c) The supervisor of the bureau is the administrative chief of
the bureau, and shall be an attorney.
(d) The bureau shall be staffed by as many attorneys and
investigators as are necessary to carry out the purposes of this
chapter. To the extent possible, the attorneys and investigators
shall be experienced in criminal law.
(e) The supervisor of the bureau and bureau representatives
designated by the supervisor have a right of access to all places of
employment necessary to the investigation, may collect any evidence
or samples they deem necessary to an investigation, and have all of
the powers enumerated in Section 6314.
(f) The supervisor of the bureau and bureau representatives
designated by the supervisor may serve all processes and notices
throughout the state.
(g) In any case where the bureau is required to conduct an
investigation, and in which there is a serious injury or death, the
results of the investigation shall be referred in a timely manner by
the bureau to the appropriate prosecuting authority having
jurisdiction for appropriate action, unless the bureau determines
that there is legally insufficient evidence of a violation of the
law. If the bureau determines that there is legally insufficient
evidence of a violation of the law, the bureau shall notify the
appropriate prosecuting authority, if the prosecuting authority
requests notice.
(h) The bureau may communicate with the appropriate prosecuting
authority at any time the bureau deems appropriate.
(i) Upon the request of a county district attorney, the department
may develop a protocol for the referral of cases that may involve
criminal conduct to the appropriate prosecuting authority in lieu of
or in cooperation with an investigation by the bureau. The protocol
shall provide for the voluntary acceptance of referrals after a
review of the case by the prosecuting authority. In cases accepted
for investigation by the prosecuting authority, the protocol shall
provide for cooperation between the prosecuting authority, the
division, and the bureau. Where a referral is declined by the
prosecuting authority, the bureau shall comply with subdivisions (a)
to (h), inclusive.
SEC. 8. Section 5 of this act shall only become operative if
Senate Bill 228 is enacted and becomes operative.