BILL NUMBER: AB 2774	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 28, 2010
	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 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
 a single cause or from  the cumulative effect of multiple
injuries or illnesses.
   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 6302 of the Labor Code is amended 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
issued.
   (d) "Division" means the Division of Occupational Safety and
Health.
   (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
exposure.
   (j) (1) "Serious physical harm" means any injury or illness,
specific or cumulative, occurring in the place  or 
 of  employment or in connection with any employment, which
 is the consequence of a condition, practice, means, method,
operation, or process that meets   results in  any
of the following:
   (A)  Requires inpatient   Inpatient 
hospitalization for a period in excess of 24 hours for other than
medical observation.
   (B)  Causes an employee to suffer the   The
 loss of any member of the body.
   (C)  Causes an employee to suffer any   Any
 serious degree of permanent disfigurement. 
   (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
24 hours.  
   (D) Impairment of the body in which part of the body is made
functionally useless or is substantially reduced in efficiency on or
off the job for more than 72 hours.  
   (E) A serious illness or impairment of the function of an organ,
such as the heart, lungs, liver, skin, and nervous system, that
substantially reduces efficiency on or off the job. An illness or
impairment of this type would usually require treatment beyond first
aid by a medical doctor or other licensed health care professional.
 
   (2) A single condition, practice, means, method, operation, or
process can be properly classified as resulting in "serious physical
harm."  
   (2) "Serious physical harm" may be caused by a single, repetitive
practice, means, method, operation, or process.