BILL ANALYSIS Ó Senate Appropriations Committee Fiscal Summary Senator Christine Kehoe, Chair SB 829 (DeSaulnier) Hearing Date: 5/26/2011 Amended: 5/3/2011 Consultant: Bob Franzoia Policy Vote: L&IR 5-0 _________________________________________________________________ ____ BILL SUMMARY: SB 829 would revise and recast various provisions regarding citations issued by the Department of Industrial Relations (department), the persons or entities who are authorized to participate as a party in an appeal before the Occupational Safety and Health Appeals Board (appeals board), and the procedures that govern the appeals board in hearing and deciding appeals. The bill also would make other related clarifying and conforming changes. _________________________________________________________________ ____ Fiscal Impact (in thousands) Major Provisions 2011-12 2012-13 2013-14 Fund Revision of employment Unknown, potentially major costs Special* safety appeals process annually * Occupational Safety and Health Fund _________________________________________________________________ ____ STAFF COMMENTS: SUSPENSE FILE. AS PROPOSED TO BE AMENDED. Existing law establishes the Division of Occupational Safety and Health (division) in the department to enforce employment safety laws. Existing law authorizes the division to conduct hearings, inspections, and investigations regarding alleged violations of employment safety laws and to issue citations to employers. Existing law establishes in the department, and prescribes procedures for the appeals board to hear and decide employer appeals of the division's enforcement actions. The proposed amendments (attached) make various changes to the bill including: - Strike of Section 4 - Repeal Labor Code 149.5. - Amend Labor Code Section 6309 (a) to add: The division is not precluded from investigating a serious violation and conducting SB 829 (DeSaulnier) Page 1 an on-site inspection from any other source before investigating a non-serious manner. - Amend Labor Code 6317 to allow direct citation. - Add Labor Code 6319.6 (Section 7) to read: Where an employer or employee contests the period of time fixed for correction of any violation classified and cited as serious, willful, repeated serious, or failure to abate a serious (violation), any hearing on that issue shall be conducted as soon as possible and shall take precedence over other hearings conducted by the board; - Amend Labor Code 6600 to change the characterization of a violation. - Strike Sections 17, 18, 19 and 21. - Make other related changes.