BILL ANALYSIS Ó
AB 578
Page 1
GOVERNOR'S VETO
AB
578 (Low)
As Enrolled September 10, 2015
2/3 vote
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|Committee |Votes |Ayes |Noes |
|----------------+------+-----------------------+--------------------|
|Labor |5-2 |Roger Hernández, Chu, |Harper, Patterson |
| | |Low, McCarty, Thurmond | |
| | | | |
|----------------+------+-----------------------+--------------------|
|Appropriations |12-5 |Gomez, Bonta, |Bigelow, Chang, |
| | |Calderon, Daly, |Gallagher, Jones, |
| | |Eggman, Eduardo |Wagner |
| | |Garcia, Gordon, | |
| | |Holden, Quirk, Rendon, | |
| | |Weber, Wood | |
| | | | |
| | | | |
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|ASSEMBLY: |52-27 |(June 2, 2015) |SENATE: |23-16 |(September 8, |
| | | | | |2015) |
| | | | | | |
AB 578
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SUMMARY: Makes changes to existing law related to variances
from occupational safety and health standards. Specifically,
this bill:
1)Requires an applicant for a permanent variance to an
occupational safety and health standard to also give notice to
workers at the place of employment who will be "affected" by
the permanent variance, or representatives of the affected
employees.
2)Provides that an applicant for a permanent variance shall
provide certification that the affected employees have been
provided notice of the request.
3)Provides that, upon request, "affected employees" or their
representatives shall be granted party status in permanent
variance proceedings.
4)Requires an employer applying for a temporary variance to an
occupational safety and health standard to also give notice to
workers at the place of employment who will be "affected" by
the temporary variance, or representative of the affected
workers.
5)Provides that a temporary variance may be granted only after
notice to employees and other "affected workers" and an
opportunity for a hearing.
AB 578
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6)Requires an employer's application for a temporary variance to
contain a certification that the employer has given the
required notice to "affected workers" or their
representatives.
7)Provides that, upon request, any "affected worker" or
representative of affected workers, shall be granted party
status to the variance proceedings.
8)Makes related and conforming changes.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, ongoing costs of approximately $275,000 to $290,000
(special funds) to the Department of Industrial Relations to
provide additional staff to the Occupational Safety and Health
Standards Board (Standards Board) due to proposed changes to the
temporary and permanent variance hearing process.
COMMENTS: The sponsors argue that the Standards Board has the
authority to grant variances to occupational safety and health
standards. Existing law requires that affected employees be
notified of the variance request. Requests for variances for
elevator construction and other public conveyances generally
come from the building owner. In these instances, the owner
rarely has affected employees. The workers, hired by the
elevator manufacturer, will be installing the public conveyance
but will not have been a party to the variance proceeding.
The sponsors state that this legislation will simply provide
that those employees who are directly affected by the variance
be notified of the variance application and be granted party
status upon request.
AB 578
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A coalition of organizations, including the California Chamber
of Commerce, opposes this measure. They argue that this bill
proposes to significantly expand the employer's notice
obligations not only beyond affected employees and their
representatives, but into an unknown region of "workers at the
place of employment who will be affected by the permanent
variance, or representatives of affected workers who may be
affected by or exposed to the hazards by the temporary
variance." The other workers would not be employees of the
employer seeking the variance, making it difficult for the
employer to identify the universe of workers to be notified.
Opponents acknowledge that current regulation language "appears
to create the concern" giving rise to this bill. However,
rather than adopt a change in statute that would impact all
industries, they urge the author to look at changes in
regulation that would address any notification challenges that
may exist in the process for permanent or temporary variance
applications for conveyances.
GOVERNOR'S VETO MESSAGE:
This bill requires employers who apply for variances of existing
occupational safety or health standards to formally notice
workers, or representatives of workers, who will be impacted.
While this bill is intended to provide an opportunity for
affected workers to be notified of variances and raise concerns
during a relevant hearing, it is unclear what workers would be
affected, and why the current process at the Occupational Safety
and Health Standards Board is not sufficient. In fact the board
routinely works with stakeholders to provide timely written
notice of variance requests and permits those parties to
AB 578
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intervene in the proceedings. I believe that process is one that
provides adequate opportunity for interested and affected
workers to be heard.
Analysis Prepared by:
Ben Ebbink / L. & E. / (916) 319-2091 FN:
0002492