BILL ANALYSIS �
AB 517
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Date of Hearing: April 10, 2013
ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
Roger Hern�ndez, Chair
AB 517 (Achadjian) - As Introduced: February 20, 2013
SUBJECT : Occupational safety and health: local public
entities.
SUMMARY : Authorizes local public entities such as cities,
counties, and special districts to apply for a refund of civil
penalties assessed for violations of occupational safety and
health laws if the conditions have been corrected.
Specifically, this bill :
1)Authorizes a county, city, city and county, special district,
public authority, public agency, and a joint powers authority
to apply for a refund of their civil penalty assessed for
violating occupational safety and health laws and orders if
all conditions previously cited have been abated, they have
abated any other outstanding citation, and they have not been
cited for a serious violation at the same agency within two
years of the original violation.
2)Provides that if a local public entity does not apply for a
refund of its civil penalties within two years and six months
of the original violation, the funds shall be expended by
making available grants to assist local public entities in
establishing and maintaining effective occupational injury and
illness prevention programs.
3)Provides that these refunds of civil penalties do not apply to
the portion of any civil or administrative penalty which is
distributed directly to an aggrieved employee pursuant to
provisions of current law authorizing private rights of
action.
4)Makes related and conforming changes.
EXISTING LAW :
1)Provides that civil and administrative penalties assessed for
violating occupational safety and health laws and orders
against a school district, county board of education, county
superintendent of schools, charter school, community college
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district, California State University, University of
California, or joint powers agency performing education
functions shall be deposited with the "Workplace Health and
Safety Revolving Fund" (incorrect name cited in one instance
and corrected in the bill as the Workers' Compensation
Administration Revolving Fund).
2)Specifies that these educational entities may apply for a
refund of their civil penalties if all conditions previously
cited have been abated, they have abated any other outstanding
citation, and if they have not been cited for a serious
violation at the same school within two years.
3)Provides that if an educational entity does not apply for a
refund of its civil penalties within two years and six months
of the original violation, the funds shall be expended by
making available grants to assist schools in establishing
effective occupational injury and illness prevention programs.
4)Establishes a similar refund mechanism for workplace safety
penalties imposed against public police departments, fire
departments, and the California Department of Forestry and
Fire Protection
FISCAL EFFECT : Unknown
COMMENTS : The California Occupational Safety and Health Act of
1973, was enacted by the Legislature to ensure safe and healthy
conditions for working people in California. The Division of
Occupational Safety and Health (DOSH) was created to enforce
effective standards, assist and encourage safe and healthy
working conditions, and to provide for research, information and
training in the field of occupational safety and health.
Prior to 2000, the Labor Code contained a statutory exemption
for governmental entities from the imposition of DOSH civil
penalties. However, AB 1127 (Steinberg) of 1999, repealed that
exemption, thereby treating governmental entities the same as
private employers for purposes of DOSH penalties.
AB 1127 also contained a limited carve-out for specified
educational entities and institutions. Under that provision,
educational entities may apply for a refund of DOSH penalties if
the previously cited condition has been abated, any other
outstanding citations have been abated, and there have been no
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citations for serious violations for a period of two years.
In 2005, AB 186 (Bogh,) Chapter # 141, authorized a similar
refund mechanism for police departments, fire departments, and
the State Department of Forestry and Fire Protection.
This bill is nearly identical to AB 2387 (Smythe) of 2012, which
passed this Committee on consent. However, AB 2837 was
subsequently held under submission in Assembly Appropriations
Committee. This bill is also nearly identical to AB 1106
(Achadjian) of 2011, which also passed this committee but was
held in the Assembly Appropriations Committee.
The author and supporters of this bill believe this bill would
provide local entities with a history of good behavior with a
pathway to recoup costly civil penalties and put them to good
use at the local level.
The sponsors argue that this bill will address the uneven policy
that permits only select types of governmental entities to
obtain a rebate of civil fines paid to Cal/OSHA. They argue
that all local governmental entities should be permitted to
apply for a rebate of Cal/OSHA civil fines, as long as the same
conditions placed on currently exempted schools, fire and police
entities are met. These conditions include: addressing and
abating unsafe or unhealthy work conditions and ensuring that
the entity has a continuing commitment to workplace safety and
health issues and using any rebated monies to enhance workplace
safety and health.
REGISTERED SUPPORT / OPPOSITION :
Support
Association of California Healthcare Districts
Association of California Water Agencies
California Association of Joint Powers Authorities (co-sponsor)
California Special Districts Association
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California State Association of Counties
CSAC Excess Insurance Authority (co-sponsor)
League of California Cities
Regional Council of Rural Counties
Opposition
None on file.
Analysis Prepared by : Ben Ebbink / L. & E. / (916) 319-2091