BILL NUMBER: AB 2774 AMENDED
AMENDED IN ASSEMBLY APRIL 8, 2010
INTRODUCED BY Committee on Labor and Employment (Monning
Eng, Furutani, Ma
Monning , and Portantino)
MARCH 1, 2010
An act to amend Section 6432 6325 of
the Labor Code, relating to employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 2774, as amended, Committee on Labor and Employment.
Health and safety: term defined. Occupational safety
Existing law, the California Occupational Safety and Health Act of
1973, establishes enforcement procedures for the requirements
related to safe and healthful working conditions for Californians.
The Division of Occupational Safety and Health of the Department of
Industrial Relations is charged with enforcing occupational health
and safety laws, orders, and standards, including the investigation
of alleged violations of those provisions.
Existing law requires the division, when it decides that a place
of employment, machine, device, apparatus, or equipment constitutes
an imminent hazard to employees, to prohibit entry to the workplace
or use of the machine, device, apparatus, or equipment.
This bill would specify that a place of employment may be deemed
dangerous because a particular machine, device, apparatus, or piece
of equipment, as well as a condition or practice in a place of
employment, constitutes an imminent hazard to employees.
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
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6325 of the Labor
Code is amended to read:
6325. When, in the opinion of the division, a place of employment
, is dangerous to employees because of a
condition or practice, or because a machine, device, apparatus,
or piece of equipment or any part thereof is in a
dangerous condition, is not properly guarded , or is
dangerously placed so as to constitute that
the condition or practice of the workplace or the machine, device,
apparatus, or piece of equipment constitutes an imminent hazard
to employees, entry therein, or the use thereof, as the case may be,
shall be prohibited by the division, and a conspicuous notice to
that effect shall be attached thereto. Such
The prohibition of use shall be limited to the immediate area
in which the imminent hazard exists, and the division shall not
prohibit any entry in or use of a place of employment, machine,
device, apparatus, or piece of equipment, or any part
thereof, which is outside such the area
of imminent hazard. Such The notice
shall not be removed except by an authorized representative of the
division, nor until the place of employment, machine, device,
apparatus, or equipment is made safe and the required safeguards or
safety appliances or devices are provided. This section shall not
prevent the entry or use with the division's knowledge and permission
for the sole purpose of eliminating the dangerous conditions.
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 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
(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.