California Legislature—2015–16 Regular Session

Assembly Bill No. 578

Introduced by Assembly Member Low

February 24, 2015

An act to amend Sections 6450 and 6451 of, and to add Section 6450.5 to, the Labor Code, relating to employment.

LEGISLATIVE COUNSEL’S DIGEST

AB 578, as introduced, Low. Occupational safety and health.

Existing law establishes the Division of Occupational Safety and Health in the Department of Industrial Relations to enforce employment safety laws. The California Occupational Safety and Health Act of 1973 authorizes an employer to apply to the division for a temporary order granting a variance from an occupational safety or health standard and requires the order to be granted only if the employer’s application satisfies specified requirements. Existing law provides that a temporary order may be granted only after notice to employees and an opportunity for a hearing. Existing law specifies the information that an application for a temporary order is required to contain.

This bill would require an employer to also give notice to workers at the place of employment who will be affected by the temporary variance, or representatives of affected workers, who may be affected by or exposed to the hazards by the temporary variance from an occupational safety and health standard. The bill would require any affected worker, or representative of affected workers, upon request, to be granted party status to the variance proceedings. The bill would require the temporary variance application to include a certification that the employer has given notice to affected workers as required. Because a violation of the new requirements for employers would be a crime under certain circumstances, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 6450 of the Labor Code is amended to
read:

6450.  

(a) Any employer may apply to the division for a
temporary order granting a variance from an occupational safety
or health standard. begin delete Such end delete begin insert A end insert temporary order shall be granted only
if the employer files an application begin delete which end delete begin insert that end insert meets the
requirements of Section 6451, and establishes begin delete that (1) he end delete begin insert the
following: end insert

begin insert (1) end insert begin insert   end insert begin insert The employer end insert is unable to comply with a standard by its
effective date because of unavailability of professional or technical
personnel or of materials and equipment needed to come into
compliance with the standard or because necessary construction
or alteration of facilities cannot be completed by the effective begin delete date,
(2) he end delete begin insert date. end insert

begin insert (2) end insert begin insert   end insert begin insert The employer end insert is taking all available steps to safeguard begin delete his end delete
employees against the hazards covered by the begin delete standard, and (3) he end delete
begin insert standard. end insert

begin insert (3) end insert begin insert   end insert begin insert The employer end insert has an effective program for coming into
compliance with the standard as quickly as practicable.

(b) Any temporary order issued under this section shall prescribe
the practices, means, methods, operations, and processes begin delete which end delete
the employer begin delete must end delete begin insert is required to end insert adopt and use while the order is
in effect and state in detail begin delete his end delete begin insert a end insert program for coming into
compliance with the standard. Such a temporary order may be
granted only after notice to employees begin insert and other affected workers
as described in Section 6450.5 end insert and an opportunity for a hearing.
However, the division may issue one interim order for a temporary
variance upon submission of an application showing that the
employment or place of employment will be safe for employees
begin insert and other affected workers end insert pending a hearing on the application
for a temporary variance. begin delete No end delete begin insert A end insert temporary order begin delete may end delete begin insert shall not end insert be
in effect for longer than the period needed by the employer to
achieve compliance with the standard or one year, whichever is
shorter, except that such an order may be renewed not more than
twice provided that the requirements of this section are met and
an application for renewal is filed begin delete prior to end delete begin insert before end insert the expiration
date of the order. begin delete No end delete begin insert A end insert single renewal of an order begin delete may end delete begin insert shall not end insert
remain in effect for longer than 180 days.

SEC. 2.  

Section 6450.5 is added to the Labor Code, to read:

6450.5.  

The employer shall also give notice to workers at the
place of employment who will be affected by the temporary
variance, or representatives of affected workers, who may be
affected by or exposed to the hazards by the temporary variance
from an occupational safety and health standard. Upon request to
the division, or to the standards board upon appeal pursuant to
Section 6455, any affected worker, or representative of affected
workers, shall be granted party status to the variance proceedings.

SEC. 3.  

Section 6451 of the Labor Code is amended to read:

6451.  

An application for a temporary order under Section 6450
shall contain all of the following:

(a) A specification of the standard or portion thereof from which
the employer seeks a variance.

(b) A representation by the employer, supported by
representations from qualified persons having firsthand knowledge
of the facts represented, that begin delete he end delete begin insert the employer end insert is unable to comply
with the standard or portion thereof and a detailed statement of
the reasons therefor.

(c) A statement of the steps begin delete he end delete begin insert the employer end insert has taken and will
take, with specific dates, to protect employees against the hazard
covered by the standard.

(d) A statement of when begin delete he end delete begin insert the employer end insert expects to be able to
comply with the standard and what steps begin delete he end delete begin insert the employer end insert has taken
and begin delete what steps he end delete will take, with dates specified, to come into
compliance with the standard.

(e) A certification that begin delete he end delete begin insert the employer end insert has informed begin delete his end delete
employees of the application by giving a copy thereof to their
authorized representative, posting a statement giving a summary
of the application and specifying where a copy may be examined
at the place or places where notices to employees are normally
posted, and by other appropriate means. A description of how
employees have been informed shall be contained in the
certification. The information to employees shall also inform them
of their right to petition the division for a hearing.

begin insert

(f) A certification that the employer has given notice as required
in Section 6450.5.

end insert

SEC. 4.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.