Amended in Assembly April 13, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 578

Introduced by Assembly Member Low

February 24, 2015

An act to amend Sections begin delete 6450 end delete begin insert 143.1, 6450, end insert and 6451 of, and to add Section 6450.5 to, the Labor Code, relating to employment.

LEGISLATIVE COUNSEL’S DIGEST

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

Existing law establishes the begin delete Division of end delete Occupational Safety and Health begin insert Standards Board end insert in the Department of Industrial Relations to begin delete enforce end delete begin insert adopt, amend, or repeal end insert employment safety begin insert standards and end insert laws. begin insert Existing law authorizes the board, upon the application of an employer, to grant a permanent variance from an occupational standard or order after specified notice and hearing requirements are met. end insert The California Occupational Safety and Health Act of 1973 begin insert also end insert authorizes an employer to apply to the begin delete division end delete begin insert Division of Occupational Safety and Health, that enforces employment safety laws, end insert 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 begin delete the end delete begin insert a permanent or end insert temporary variance, or representatives of affected workers, who may be affected by or exposed to the hazards by the begin insert permanent or end insert 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 begin delete temporary end delete 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:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 143.1 of the end insert begin insert Labor Code end insert begin insert is amended to
read: end insert

143.1.  

begin insert (a) end insert begin insert   end insert The board shall conduct hearings on such requests
for a permanent variance after employees or employee
representatives begin insert of the applicant end insert are properly begin delete notified and given an
opportunity to appear. All board decisions on permanent variance
requests shall be final except for any rehearing or judicial review
provided for by law. end delete begin insert notified. The applicant shall also give notice
to workers at the place of employment who will be affected by the
permanent variance, or representatives of affected employees who
may be affected by, or exposed to, hazards by the permanent
variance from an occupational safety and health standard. The
applicant shall provide certification that the affected employees
have been given notice of the request for a permanent variance. end insert

begin insert

(b) Upon request to the board, affected employees or their
representatives shall be granted party status to the variance
proceeding.

end insert begin insert

(c) All board decisions on a permanent variance shall be final
except for a rehearing or judicial review provided for by law.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

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. A temporary order shall be granted only if the
employer files an application that meets the requirements of Section
6451, and establishes 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) The employer is taking all available steps to safeguard
employees against the hazards covered by the 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 the
employer is required to adopt and use while the order is in effect
and state in detail a program for coming into compliance with the
standard. Such a temporary order may be granted only after notice
to employees and other affected workers 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. A temporary order 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 before the expiration date of the order. A single renewal
of an order shall not remain in effect for longer than 180 days.

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

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 begin delete hazards end delete begin insert hazard covered by the
standard, end insert 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.

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

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 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 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 the employer expects to be able to
comply with the standard and what steps the employer has taken
and will take, with dates specified, to come into compliance with
the standard.

(e) A certification that the employer has informed 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.

begin delete SEC. 4. end delete
begin insert SEC. 5. end insert   

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.