BILL NUMBER: AB 2774	INTRODUCED
	BILL TEXT


INTRODUCED BY   Committee on Labor and Employment (Monning (Chair),
Eng, Furutani, Ma, and Portantino)

                        MARCH 1, 2010

   An act to amend Section 6432 of the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2774, as introduced, Committee on Labor and Employment. Health
and safety: term defined.
   Existing law defines the term "serious violation" for purposes of
enforcement of health and safety regulations.
   This bill would make nonsubstantive changes to this provision.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 6432 of the Labor Code is amended to read:
   6432.  (a) As used in this part, a "serious violation" shall be
deemed to exist in a place of employment if there is a substantial
probability that death or serious physical harm could result from a
violation, including  , but not limited to, 
circumstances where there is a substantial probability that either of
the following could result in death or great bodily injury:
   (1) A serious exposure exceeding an established permissible
exposure limit.
   (2) The existence of one or more practices, means, methods,
operations, or processes which have been adopted or are in use
 ,  in the place of employment.
   (b) Notwithstanding subdivision (a), a serious violation shall not
be deemed to exist if the employer can demonstrate that it did not,
and could not with the exercise of reasonable diligence, know of the
presence of the violation.
   (c) As used in this section, "substantial probability" refers not
to the probability that an accident or exposure will occur as a
result of the violation, but rather to the probability that death or
serious physical harm will result assuming an accident or exposure
occurs as a result of the violation.