BILL NUMBER: AB 578	INTRODUCED
	BILL TEXT


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.  Such   A  temporary order shall
be granted only if the employer files an application  which
  that  meets the requirements of Section 6451, and
establishes  that (1) he   the following: 

    (1)     The employer  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  date, (2) he   date.

    (2)     The employer  is taking all
available steps to safeguard  his  employees against
the hazards covered by the  standard, and (3) he 
 standard. 
    (3)     The employer  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 
which  the employer  must   is required
to  adopt and use while the order is in effect and state in
detail  his   a  program for coming into
compliance with the standard. Such a temporary order may be granted
only after notice to employees  and other affected wo  
rkers as described in Section 6450.5  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 
and other affected workers  pending a hearing on the application
for a temporary variance.  No   A 
temporary order  may   shall not  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  prior to   before  the
expiration date of the order.  No   A 
single renewal of an order  may   shall not
 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  he   the employer  is
unable to comply with the standard or portion thereof and a detailed
statement of the reasons therefor.
   (c) A statement of the steps  he   the
employer  has taken and will take, with specific dates, to
protect employees against the hazard covered by the standard.
   (d) A statement of when  he   the employer
 expects to be able to comply with the standard and what steps
 he   the employer  has taken and 
what steps he  will take, with dates specified, to come into
compliance with the standard.
   (e) A certification that  he   the employer
 has informed  his  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. 
   (f) A certification that the employer has given notice as required
in Section 6450.5. 
  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.