BILL NUMBER: AB 1803 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Skinner
FEBRUARY 18, 2014
An act to amend Section 142.7 of 6716 of,
and to add Sections 6717.1, 6717.2, 6717.3, 6717.4, 6717.5, and
6717.6 to, the Labor Code, relating to occupational safety and
health.
LEGISLATIVE COUNSEL'S DIGEST
AB 1803, as amended, Skinner. Occupational Safety and
Health Standards Board. safety and health:
lead-related construction registration program.
Existing law requires the proposal, review, and adoption of
standards and requirements to protect the health and safety of
employees who engage in lead-related construction work.
This bill would establish a registration program that, with
certain exceptions, would require employers and contractors who
perform lead-related construction work, as defined, to register with
the Division of Occupational Safety and Health before commencing
work. The bill would require payment of an application fee for
registration in an amount determined by the division as prescribed
and would require annual renewal of the registration with the payment
of a renewal fee established by the division. Under the bill, those
fees would be deposited into the Lead Contractor Registration Fund,
which the bill would create, with the moneys in the fund to be used,
upon appropriation, for the purpose of investigating, registering,
and renewing registrations for lead-related construction work. The
bill would require an application to include specified information
and a declaration that any information provided by the applicant is
genuine, true, and correct to the best of the applicant's knowledge,
and would impose a civil penalty for false statements, enforceable by
a public prosecutor. The bill would require the division to deny an
application if it makes a specific determination and would authorize
an employer or contractor to appeal that denial to the Director of
Industrial Relations. The bill would establish administrative
penalties to be imposed by the division for violations of these
provisions.
Existing law requires the Occupational Safety and Health Standards
Board within the Department of Industrial Relations to adopt an
occupational safety and health standard for the state concerning
hazardous substance removal work in accordance with prescribed
requirements.
This bill would make nonsubstantive changes to those requirements.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6716 of the Labor
Code is amended to read:
6716. (a) For the purposes of this
division, Sections 6717 to 6717.6, inclusive,
"lead-related construction work" means any of the following:
(a)
(1) Any construction, alteration, painting, demolition,
salvage, renovation, repair, or maintenance of any building or
structure, including preparation and cleanup, that, by using or
disturbing lead-containing material or soil, may result in
significant exposure of employees to lead as determined by the
standard adopted pursuant to Section 6717.
(b)
(2) The transportation, disposal, storage, or
containment of materials containing lead on site or at a location at
which construction activities are performed. "Lead-related
(b) "Lead-related construction
work" work," as used in Sections 6717 to
6717.6, inclusive, does not include any activity related to the
manufacture or mining of lead or the installation or repair of
automotive materials containing lead.
SEC. 2. Section 6717.1 is added to the
Labor Code , to read:
6717.1. (a) Any employer or contractor who will be engaging in
lead-related construction work, as defined in paragraphs (1) to (7),
inclusive, of subdivision (a) of Section 1532.1 of Title 8 of the
California Code of Regulations as adopted pursuant to Section 6717,
or any successor to those provisions, shall apply for and obtain a
registration from the division before commencing work, except as
follows:
(1) For purposes of the registration under this section,
"lead-related construction work" means and refers to work performed
in the removal, demolition, or abatement of existing materials and
does not include the installation of new, previously unused
construction materials.
(2) An employer or contractor is not required to obtain
registration under this section to work on a job in which the amount
of lead-containing materials to be disturbed by the employer or
contractor is less than 100 square or linear feet, whichever is
applicable, or in which the amount of lead in the materials to be
disturbed is less than 0.5% by weight or 1.0 milligram per square
centimeter of surface area.
(b) An application for registration shall be accompanied by an
application fee in an amount to be estimated by the division to equal
the per-applicant cost of the registration program in excess of the
amount of moneys collected in renewal fees assessed pursuant to
Section 6717.3. These fees and renewal fees collected pursuant to
Section 6717.3 shall be deposited into the Lead Contractor
Registration Fund, which is hereby created. All moneys in this fund
shall be available, upon appropriation, for the purpose of
investigating, registering, and renewing registrations for
lead-related construction work.
(c) The application shall include all of the following information
and attachments with a declaration stating that the information,
attachments, and any other information provided by the applicant are
genuine, true, and correct to the best of the applicant's knowledge:
(1) Proof of a valid California contractor's license.
(2) Proof of workers' compensation insurance.
(3) Proof of sufficient employee health insurance coverage for any
medical surveillance costs imposed by Section 1532.1 of Title 8 of
the California Code of Regulations, or any successor to that
regulation.
(4) Proof that all training and certification requirements for
employees engaged in lead-related work pursuant to Section 1532.1 of
Title 8 of the California Code of Regulations, or any successor to
that regulation, have been completed.
(5) Other information and attachments as the division determines
to be necessary to evaluate the health and safety of the proposed
employment and place of employment.
(d) Notwithstanding Section 6426, if, in a declaration required by
subdivision (c), a declarant willfully states as true any material
fact he or she knows to be false, that person shall be subject to a
civil penalty of up to ten thousand dollars ($10,000). Any public
prosecutor may bring a civil action to impose the civil penalty. The
application for registration shall include a statement advising
declarants of the penalty authorized under this provision.
(e) Within 15 business days after the receipt of an application,
the division shall notify the registration applicant either that the
application is complete or what is necessary to complete the
application. The division shall notify the applicant that the
application is granted, or that it was denied with reasons for that
denial specified in the notice, within 30 business days after the
date of submission of a completed application.
SEC. 3. Section 6717.2 is added to the
Labor Code , to read:
6717.2. (a) The division shall deny an application for
lead-related construction work registration if it determines, based
on available facts, including the information provided by the
employer or contractor in the application for registration, the
employer or contractor has failed to show that the conditions,
practices, means, methods, operations, or processes used or proposed
to be used will provide a safe and healthful place of employment. The
division shall consider the employer's or contractor's compliance
history with the division. The division shall immediately notify the
employer or contractor, in writing, of the reasons for a denial of an
application for registration, and shall send a copy of that
notification to the director.
(b) An employer or contractor may appeal the denial by the
division of an application for registration to the director. The
director or his or her designee shall select a place convenient to
the parties for the hearing, which shall be held within two working
days after the receipt of the employer's or contractor's appeal. The
employer or contractor shall have the burden of establishing that it
qualifies for registration.
(c) The director or his or her authorized designee shall preside
over the hearing, which shall be open to employees and any employee
representative or representatives. The employer or contractor shall
notify the employees or employee representative or representatives of
any appeal hearing a reasonable time prior to the hearing. Proof of
this notification by the employer or contractor shall be provided at
the hearing.
(d) The director's decision after an appeal hearing concerning an
application for registration shall be final unless a request for
rehearing is filed with the director within 10 days after the date
the director's decision is rendered, or unless the decision is
appealed to the courts as provided by law.
SEC. 4. Section 6717.3 is added to the
Labor Code , to read:
6717.3. (a) A registration for lead-related construction work
shall be valid for one year after the date of issuance by the
division.
(b) An employer or contractor engaged in lead-related construction
work shall annually file an application to renew its registration
with the division at least 30 days before the expiration date of its
current registration along with a renewal fee to be established by
the division. The renewal fee shall be deposited into the Lead
Contractor Registration Fund established by subdivision (b) of
Section 6717.1.
SEC. 5. Section 6717.4 is added to the
Labor Code , to read:
6717.4. (a) The division may hold a hearing to determine if a
violation of a duty specified in Section 6717.1 has occurred. Notice
shall be given and the hearing conducted in accordance with the
Administrative Procedure Act (Chapter 5 (commencing with Section
11500), Part 1, Division 3, Title 2, Government Code). The division
shall have all the powers granted by that chapter. If the division
determines on the basis of the hearing that a violation has occurred,
it shall order the violator to pay monetary penalties, as follows:
(1) Five thousand dollars ($5,000) for a first finding of a
violation for failing to register as required by Section 6717.1.
(2) Twenty thousand dollars ($20,000) for a second or subsequent
finding of a violation of Section 6717.1.
(b) It is a defense to a proceeding under this section if the
owner, contractor, employer, public agency, or agent thereof acted
under a belief that Section 6717.1 was inapplicable because no lead
was present and proves, by a preponderance of the evidence, that he
or she made a reasonable effort to determine whether lead was
present.
(c) The penalties under this section shall be in addition to any
other penalty or remedy provided by law.
SEC. 6. Section 6717.5 is added to the
Labor Code , to read:
6717.5. The division, at any time, upon a showing of good cause
and after notice and an opportunity to be heard, may revoke or
suspend a lead-related construction work registration issued by the
division.
SEC. 7. Section 6717.6 is added to the
Labor Code , to read:
6717.6. The program to register employers and contractors who
perform lead-related construction work established in Sections 6717
to 6717.6, inclusive, shall be funded solely from the funds in the
Lead Contractor Registration Fund. To the extent possible, the
division shall consolidate the administration of the program to
register employers and contractors who perform lead-related
construction work with the administration of the program to register
persons doing asbestos-related work.
SECTION 1. Section 142.7 of the Labor Code is
amended to read:
142.7. (a) On or before October 1, 1987, the board shall adopt an
occupational safety and health standard concerning hazardous
substance removal work, so as to protect most effectively the health
and safety of employees. The standard shall include, but not be
limited to, requirements for all of the following:
(1) Specific work practices.
(2) Certification of all employees engaged in hazardous substance
removal-related work, except that no certification shall be required
for an employee whose only activity is the transportation of
hazardous substances subject to the requirement for a certificate
under Section 12804.1 of the Vehicle Code.
(3) Certification of supervisors with sufficient experience and
authority to be responsible for hazardous substance removal work.
(4) Designation of a qualified person who shall be responsible for
scheduling any air sampling, laboratory calibration of sampling
equipment, evaluation of soil or other contaminated materials
sampling results, and for conducting any equipment testing and
evaluating the results of the tests.
(5) Requiring that a safety and health conference be held for all
hazardous substance removal jobs before the start of actual work. The
conference shall include representatives of the owner or contracting
agency, the contractor, the employer, employees, and employee
representatives, and shall include a discussion of the employer's
safety and health program and the means, methods, devices, processes,
practices, conditions, or operations which the employer intends to
use in providing a safe and healthy place of employment.
(b) For purposes of this section, "hazardous substance removal
work" means cleanup work at any of the following:
(1) A site where removal or remedial action is taken pursuant to
either of the following:
(A) Chapter 6.8 (commencing with Section 25300) of Division 20 of
the Health and Safety Code, regardless of whether the site is listed
pursuant to Section 25356 of the Health and Safety Code.
(B) The federal Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et
seq.).
(2) A site where corrective action is taken pursuant to Section
25187 or 25200.10 of the Health and Safety Code or the federal
Resource Conservation and Recovery Act of 1976 (42 U.S.C. Sec. 6901
et seq.).
(3) A site where cleanup of a discharge of a hazardous substance
is required pursuant to Division 7 (commencing with Section 13000) of
the Water Code.
(4) A site where removal or remedial action is taken because a
hazardous substance has been discharged or released in an amount that
is reportable pursuant to Section 13271 of the Water Code or the
federal Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.). "Hazardous
substance removal work" does not include work related to a hazardous
substance spill on a highway.
(c) Until the occupational safety and health standard required by
subdivision (a) is adopted by the board and becomes effective, the
occupational safety and health standard concerning hazardous
substance removal work shall be the standard adopted by the federal
government and codified in Section 1910.120 of Title 29 of the Code
of Federal Regulations. In addition, before actual work is started on
a hazardous substance removal job, a safety and health conference
shall be held that shall include the participants and involve a
discussion of the subjects described in paragraph (5) of subdivision
(a).