BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1634
                                                                  Page  1

          Date of Hearing:   April 9, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                AB 1634 (Skinner) - As Introduced:  February 10, 2014 

          Policy Committee:                              LaborVote:5-1

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY   

          This bill provides that an appeal of a citation that is  
          classified and cited as a serious, repeat serious, or willful  
          serious violation shall not stay the abatement periods and  
          requirements unless the Division of Occupational Safety and  
          Health (DOSH) determines that a stay will not adversely affect  
          the health and safety of employees. 

           FISCAL EFFECT  

          Ongoing costs of $1 million (special funds) to the Department of  
          Industrial Relations (DIR) to support DOSH with stay  
          determinations.  DIR could incur additional costs to the extent  
          stay decisions made by DOSH are challenged and appealed. 

           COMMENTS  

           1)Purpose  . Under current law, DOSH may issue a citation or  
            notice of proposed penalty to an employer if it determines the  
            employer has violated existing law.  The citation is required  
            to provide a reasonable time for the abatement of the alleged  
            violation.  An employer may appeal the citation with the  
            Occupational Safety and Health Appeals Board (OSHAB) within 15  
            days of the receipt of the citation.  Generally, there is no  
            obligation for an employer to abate the alleged violation  
            while the appeal is pending.  The author contends that, in  
            practice, many employers use the appeals process to delay  
            abatement.  Appeals can last for months or years after the  
            original citation is issued. This bill requires an employer to  
            abate the most serious workplace hazards, as required by DOSH,  
            even during an employer's appeal.  
           








                                                                 AB 1634
                                                                  Page  2

          2)Opponents , including the California Chamber of Commerce,  
            contend that the bill would create a costly double-appeal  
            process that presumes guilt for employers, undermines due  
            process with regards to citations for workplace safety  
            violations, and is unnecessary in light of recently adopted  
            regulations for an expedited appeals process for these  
            situations.  

          3)Prior legislation  . AB 1165 (Skinner) of 2013, similar to this  
            bill, authorized DOSH to stay the abatement of a serious,  
            willful or repeat violation only if the employer had a high  
            likelihood of successfully contesting the violation and if  
            staying the abatement would not adversely impact the health or  
            safety of employees.  The bill also would have established an  
            expedited appeal process under OSHAB.  In his veto message,  
            Governor Brown directed Cal/OSHA to "consult with the author  
            to make sure the Appeals Board process is working as intended  
            and, if necessary, to recommend any additional administrative  
            or regulatory actions that may be needed."  
           
          Analysis Prepared by  :    Misty Feusahrens / APPR. / (916)  
          319-2081