BILL NUMBER: SB 432	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 15, 2011
	AMENDED IN SENATE  MAY 31, 2011

INTRODUCED BY   Senator De León

                        FEBRUARY 16, 2011

   An act to add Section 6714 to the Labor Code, relating to
workplace safety.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 432, as amended, De León. Workplace safety: lodging
establishments: housekeeping.
   Existing law establishes the Occupational Safety and Health
Standards Board within the Department of Industrial Relations and
requires the standards board to adopt and, through the Division of
Occupational Safety and Health, to enforce all occupational safety
and health standards. Under existing law, a knowing or negligent
violation of any standard, which is deemed to be a serious violation,
constitutes a misdemeanor.
   This bill would require the standards board to adopt a standard
relating to housekeeping in transient lodging establishments
requiring the use of fitted sheets on beds and the use of
long-handled tools for cleaning bathrooms. The bill would require the
division to enforce the standard in the ordinary course of its
duties pursuant to existing authority.
   Because this bill would require the standards board to adopt a new
standard, the serious violation of which would, when effective,
create a new crime, the bill would impose a state-mandated local
program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 6714 is added to the Labor Code, to read:
   6714.  (a) The standards board shall, no later than September 1,
2012, adopt an occupational safety and health standard for lodging
establishment housekeeping. The standard shall apply to all hotels,
motels, and other similar transient lodging establishments in
California. The standard shall  require all of  
include  the following:
   (1) The use of a fitted sheet, instead of a flat sheet, as the
bottom sheet on all beds within the lodging establishment. For the
purpose of this section, a "fitted sheet" means a bed sheet
containing elastic or similar material sewn into each of the four
corners that allows the sheet to stay in place over the mattress.
   (2) The use of long-handled tools such as mops or similar devices
in order to eliminate the practice by housekeepers of working in a
stooped, kneeling, or squatting position in order to clean bathroom
floors, walls, tubs, toilets, and other bathroom surfaces.
   (b)  The standard established pursuant to this section is
not subject to a permanent variance pursuant to Section 143.
  Nothing in this section limits the authority of the
board to grant a variance to Section 143 or any other provision of
law. 
   (c) The division shall enforce this section in the ordinary course
of its duties pursuant to authority set forth in this part.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.