BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 326
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 326 (Morrell)
          As Amended  January 6, 2014
          Majority vote 

           LABOR AND EMPLOYMENT     7-0                                    
           
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          |Ayes:|Roger Hernández, Morrell, |     |                          |
          |     |Alejo, Chau, Gomez,       |     |                          |
          |     |Gorell, Holden            |     |                          |
          |     |                          |     |                          |
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           SUMMARY  :  Makes a technical change to specified reporting  
          requirements related to occupational safety and health to  
          replace the term "telegraph" with "e-mail."

           EXISTING LAW  provides that in every case involving a serious  
          injury or illness or death, the employer shall also make an  
          immediate report to the Division of Occupational Safety and  
          Health (DOSH).  Existing law specifies that such a report shall  
          be made by telephone or "telegraph."

           FISCAL EFFECT  :  Unknown

           COMMENTS  :  As introduced, this bill proposed to modify the state  
          law reporting requirements for specified occupational safety and  
          health incidents to mirror federal law.  However, the bill  
          failed passage in the first policy committee.

          Subsequently, the author and other members wrote a letter to the  
          Director of the Department of Industrial Relations (DIR) seeking  
          comment on the current reporting requirements and their relation  
          to federal law.

          By letter dated October 22, 2013, the Director of DIR responded  
          and explained why she did not feel that the current state law  
          reporting requirement needed to be changed.  However, her letter  
          did state the following:

               Cal/OSHA and the Department of Industrial Relations  
               both agree that the regulation is due to be  
               modernized, such as replacing 'telegraph' with  
               'e-mail.'  We do not agree, however, that it should be  








                                                                  AB 326
                                                                  Page  2


               watered down to the federal standard.

          Therefore, the author has amended this bill to delete the prior  
          contents and simply make the aforementioned update to the  
          reporting requirement to replace the term "telegraph" with  
          "e-mail."


           Analysis Prepared by  :    Ben Ebbink / L. & E. / (916) 319-2091 


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