BILL NUMBER: AB 2146 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 21, 2014
AMENDED IN SENATE AUGUST 18, 2014
AMENDED IN SENATE JUNE 17, 2014
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Skinner
(Coauthors: Assembly Members Bigelow, Chesbro, Gonzalez,
Quirk-Silva, Rodriguez, V. Manuel Pérez, Waldron, and Wieckowski)
(Coauthor: Senator Vidak)
FEBRUARY 20, 2014
An act to add Section 147.4 to the Labor Code, relating to
occupational safety.
LEGISLATIVE COUNSEL'S DIGEST
AB 2146, as amended, Skinner. Occupational safety:
firefighters. firefighters: personal protective
equipment.
The California Occupational Safety and Health Act of 1973 provides
the Division of Occupational Safety and Health within the Department
of Industrial Relations with the power, jurisdiction, and
supervision over all employment and places of employment necessary to
enforce and administer all occupational health and safety laws and
to protect employees. The Occupational Safety and Health Standards
Board, an independent entity within the department, has the exclusive
authority to adopt occupational safety and health standards within
the state.
This bill would require the standards board, by January 1, 2016,
and every 5 years thereafter, to complete a comprehensive review of
existing regulations for personal protective equipment for
firefighters to determine if the standards adopted by the National
Fire Protection Association (NFPA) provide a greater degree of
personal protection to a firefighter. The bill would require the
standards board, if it makes that determination in the affirmative,
to consider modifying existing regulations for personal protective
equipment for firefighters to reflect the standards adopted by the
NFPA as a new safety standard for all employers of firefighters in
the state.
This bill would require the Department of Industrial Relations by
January 1, 2016, to convene an advisory committee, composed as
specified, to evaluate whether changes are needed to align certain
safety orders relating to personal protective clothing and equipment
for fire fighters with standards promulgated by the National Fire
Protection Association (NFPA). The bill would require the committee
to present its findings and recommendations to the Occupational
Safety and Health Standards Board by July 1, 2016, and require the
board no later than July 1, 2017, to render a decision regarding the
adoption of changes to the safety orders, or other applicable
standards and regulations, in order to maintain alignment with the
NFPA standards. The bill would require the board, by July 1, 2018,
and every 5 years thereafter, to complete a comprehensive review of
all revisions to NFPA standards pertaining to personal protective
equipment, as specified, and if the review finds that the revisions
to applicable standards provide a greater degree of personal
protection than the safety orders, the bill would require the board
to consider modifying existing safety orders and to render a decision
in that regard, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 147.4 is added to the
Labor Code , to read:
147.4. (a) By January 1, 2016, the department shall convene an
advisory committee to evaluate whether changes are needed to align
the general industry safety orders in Sections 3403 to 3411,
inclusive, of Article 10.1 (commencing with Section 3401) of Group 2
of Subchapter 7 of Chapter 4 of Article 8 of Division 1 of Title 8 of
the California Code of Regulations with the applicable and most
recently promulgated standards of the National Fire Protection
Association. The committee shall be composed of parties in both
management and labor, represent a cross section of the fire
protection industry and community, and be competent and knowledgeable
regarding personal protective clothing and equipment for fire
fighters and fire fighting practices generally.
(b) By July 1, 2016, the advisory committee shall present its
findings and recommendations for consideration by the board. No later
than July 1, 2017, the board shall render a decision regarding the
adoption of changes to the general industry safety orders in Sections
3403 to 3411, inclusive, of Article 10.1 (commencing with Section
3401) of Group 2 of Subchapter 7 of Chapter 4 of Article 8 of
Division 1 of Title 8 of the California Code of Regulations, or other
applicable standards and regulations, in order to maintain alignment
with the applicable National Fire Protection Association standards.
(c) Beginning July 1, 2018, and every five years thereafter, the
board, in consultation with the department, shall complete a
comprehensive review of all revisions to National Fire Protection
Association standards pertaining to personal protective equipment
covered by the general industry safety orders in Sections 3403 to
3411, inclusive, of Article 10.1 (commencing with Section 3401) of
Group 2 of Subchapter 7 of Chapter 4 of Article 8 of Division 1 of
Title 8 of the California Code of Regulations. If the review finds
that the revisions to applicable National Fire Protection Association
standards provide a greater degree of personal protection than the
safety orders, the board shall consider modifying existing safety
orders and shall render a decision regarding the adoption of
necessary changes to safety orders, or other applicable standards and
regulations, no later than July 1 of the subsequent year, in order
to maintain alignment of the safety orders with the applicable
National Fire Protection Association standards.
SECTION 1. Section 147.4 is added to the Labor
Code, to read:
147.4. (a) The board shall complete a comprehensive review of
existing regulations for personal protective equipment for
firefighters by January 1, 2016, and every five years thereafter, to
determine if the standards adopted by the National Fire Protection
Association provide a greater degree of personal protection to a
firefighter.
(b) If the board determines that the standards adopted by the
National Fire Protection Association provide a greater degree of
personal protection to a firefighter, the board shall consider
modifying existing regulations for personal protective equipment for
firefighters to reflect the standards adopted by the National Fire
Protection Association as a new safety standard for all employers of
firefighters in the state.