BILL NUMBER: AB 578 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 13, 2015
INTRODUCED BY Assembly Member Low
FEBRUARY 24, 2015
An act to amend Sections 6450 143.1, 6450,
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 Division of
Occupational Safety and Health Standards Board in the
Department of Industrial Relations to enforce
adopt, amend, or repeal employment safety standards and
laws. 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. The California Occupational
Safety and Health Act of 1973 also authorizes an employer
to apply to the division Division of
Occupational Safety and Health, that enforces employment safety laws,
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
a permanent or temporary variance, or
representatives of affected workers, who may be affected by or
exposed to the hazards by the permanent or 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 143.1 of the Labor
Code is amended to read:
143.1. (a) The board shall conduct hearings
on such requests for a permanent variance after employees or
employee representatives of the applicant are properly
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.
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.
(b) Upon request to the board, affected employees or their
representatives shall be granted party status to the variance
proceeding.
(c) All board decisions on a permanent variance shall be final
except for a rehearing or judicial review provided for by law.
SECTION 1. SEC. 2. 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.
SEC. 2. SEC. 3. 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 hazard covered by the
standard, 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. SEC. 4. 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.
SEC. 4. SEC. 5. 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.