BILL NUMBER: AB 2774 AMENDED
AMENDED IN ASSEMBLY APRIL 14, 2010
AMENDED IN ASSEMBLY APRIL 8, 2010
INTRODUCED BY Committee on Labor and Employment (Swanson (Chair),
Furutani, Monning, and Yamada)
MARCH 1, 2010
An act to amend Section
6325 6302 of
the Labor Code, relating to employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 2774, as amended, Committee on Labor and Employment.
Occupational safety and health.
Existing law authorizes the Department of Occupational Safety and
Health to enforce health and safety standards in places of employment
and to investigate and to issue a citation when an employer causes
an employee to suffer or potentially suffer, among other things,
"serious injury or illness" or "serious physical harm." Existing law
defines a "serious injury or illness," generally, as a workplace
injury or illness requiring hospitalization of more than 24 hours or
resulting in the loss of a body member or in permanent disfigurement.
This bill would define "serious physical harm" to include most
categories of a "serious injury or illness," but would also include
those resulting in physical impairment of a part of the body or from
the cumulative effect of multiple injuries or illnesses.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6302 of the Labor
Code is ame nded to read:
6302. As used in this division:
(a) "Director" means the Director of Industrial Relations.
(b) "Department" means the Department of Industrial Relations.
(c) "Insurer" includes the State Compensation Insurance Fund and
any private company, corporation, mutual association, and reciprocal
or interinsurance exchange, authorized under the laws of this state
to insure employers against liability for compensation under this
part and under Division 4 (commencing with Section 3201), and any
employer to whom a certificate of consent to self-insure has been
(d) "Division" means the Division of Occupational Safety and
(e) "Standards board" means the Occupational Safety and Health
Standards Board, within the department.
(f) "Appeals board" means the Occupational Safety and Health
Appeals Board, within the department.
(g) "Aquaculture" means a form of agriculture as defined in
Section 17 of the Fish and Game Code.
(h) "Serious injury or illness" means any injury or illness
occurring in a place of employment or in connection with any
employment which requires inpatient hospitalization for a period in
excess of 24 hours for other than medical observation or in which an
employee suffers a loss of any member of the body or suffers any
serious degree of permanent disfigurement, but does not include any
injury or illness or death caused by the commission of a Penal Code
violation, except the violation of Section 385 of the Penal Code, or
an accident on a public street or highway.
(i) "Serious exposure" means any exposure of an employee to a
hazardous substance when the exposure occurs as a result of an
incident, accident, emergency, or exposure over time and is in a
degree or amount sufficient to create a substantial probability that
death or serious physical harm in the future could result from the
(j) (1) "Serious physical harm" means any injury or illness,
specific or cumulative, occurring in the place or employment or in
connection with any employment, which is the consequence of a
condition, practice, means, method, operation, or process that meets
any of the following:
(A) Requires inpatient hospitalization for a period in excess of
24 hours for other than medical observation.
(B) Causes an employee to suffer the loss of any member of the
(C) Causes an employee to suffer any serious degree of permanent
(D) Could reasonably lead to impairment of a part of the body by
substantially reducing its efficiency on or off the job for more than
(2) A single condition, practice, means, method, operation, or
process can be properly classified as resulting in "serious physical
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 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.
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 the area of imminent hazard. 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.