BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 326|
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THIRD READING
Bill No: AB 326
Author: Morrell (R)
Amended: 1/6/14 in Assembly
Vote: 21
SENATE LABOR & INDUSTRIAL RELATIONS COMMITTEE : 5-0, 6/11/14
AYES: Hueso, Wyland, Leno, Padilla, Mitchell
ASSEMBLY FLOOR : 72-0, 1/17/14 - See last page for vote
SUBJECT : Occupational safety and health: reporting
requirements
SOURCE : Author
DIGEST : This bill requires that the immediate reporting of an
employer to the Division of Occupational Safety and Health
(DOSH) of a serious injury, illness, or death, be made by
telephone or e-mail, deleting the reference to telegraph.
ANALYSIS : The California Occupational Safety and Health Act
of 1973 was enacted to ensure safe and healthful working
conditions for all California workers by, among other things,
authorizing the enforcement of effective standards as well as
assisting and encouraging employers to maintain safe and
healthful working conditions. The DOSH, within the state
Department of Industrial Relations (DIR), is charged with
enforcing occupational health and safety laws, orders, and
standards, including the investigation of alleged violations of
those provisions.
CONTINUED
AB 326
Page
2
Existing law requires every employer to file a complete report
with DIR (or with the insurer who must then immediately file
with the DOSH) of every employee occupational injury or illness
which results in lost time beyond the date of injury or illness,
or which requires medical treatment beyond first aid. A report
shall be filed within five days after the employer obtains
knowledge of the injury or illness.
In cases of serious injury or illness, or death, in addition to
the above reporting requirement, existing law requires a report
to be made immediately by the employer to the DOSH by telephone
or telegraph. Violations of this requirement may be assessed a
civil penalty of not less than $5,000.
This bill requires that the immediate reporting of an employer
to DOSH of a serious injury, illness, or death, be made by
telephone or e-mail, deleting the reference to telegraph.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 6/24/14)
Associated General Contractors of California
Associated Roofing Contractors of the Bay Area Counties, Inc.
California Chamber of Commerce
California Chapter of American Fence Association
California Farm Bureau Federation
California Fence Contractors' Association
California Framing Contractors Association
California Manufacturers and Technology Association
California Professional Association of Specialty Contractors
Engineering Contractors' Association
Flasher Barricade Association
Main Builders Association
Residential Contractor's Association
Walter & Prince, LLP
ASSEMBLY FLOOR : 72-0, 1/17/14
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Chávez, Chesbro, Dababneh, Dahle,
Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier, Beth
Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray,
AB 326
Page
3
Grove, Hagman, Harkey, Roger Hernández, Holden, Jones,
Jones-Sawyer, Levine, Linder, Lowenthal, Maienschein, Mansoor,
Medina, Melendez, Morrell, Mullin, Muratsuchi, Nestande,
Olsen, Patterson, Perea, Quirk, Quirk-Silva, Rendon,
Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,
Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, John A.
Pérez
NO VOTE RECORDED: Bloom, Conway, Cooley, Hall, Logue, Nazarian,
Pan, V. Manuel Pérez
PQ:ke 6/24/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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