BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
SB 432 (De Leon)
Hearing Date: 5/26/2011 Amended: As Introduced
Consultant: Bob Franzoia Policy Vote: L&IR 5-2
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BILL SUMMARY: SB 432 would require the Occupational Safety and
Health Standards Board within the Department of Industrial
Relations to adopt a standard relating to housekeeping and
lodging establishments.
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Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13 2013-14 Fund
Adoption of new occupational Up to $120 one time
Special*
and health standard
Enforcement of new standard Likely minor (complaint
driven) costs Special*
annually
* Occupational Safety and Health Fund
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STAFF COMMENTS: SUSPENSE FILE. AS PROPOSED TO BE AMENDED.
The standard would require all of 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.
Under current law, the Division of Occupational Safety and
Health (division) enforces all occupational safety and health
standards adopted by the board. Employers may apply for a
permanent variance from any standard if the employer has an
alternative practice or program that will provide equal or
superior safety for employees.
SB 432 (De Leon)
Page 3
As part of the state government trailer bill, Chapter 12/2009,
the Director of Industrial Relations would be authorized to levy
a separate surcharge upon all employers, as defined, for the
purposes of deposit in the Occupational Safety and Health Fund.
Chapter 12 requires that the total amount of the surcharges be
allocated be allocated between employers in proportion to
payroll, respectively, paid in the most recent year for which
payroll information is available. The surcharge is adjusted for
as appropriate to reconcile any over/under assessments from
previous fiscal years, and shall not be adjusted each year
thereafter by more than the state-local government deflator.
The
cap represents the amount that may be expended by the division
for the enforcement of health and safety standards. At this
time, it does not appear the cap would require the
division to prioritize enforcement activities.
The proposed amendments would specify that the standard shall
apply additionally to similar transient lodging and state that
the division shall enforce the provisions of this bill in the
ordinary course of its duties.