Amended in Senate May 31, 2016

Senate BillNo. 1167


Introduced by Senator Leyva

February 18, 2016


An act to add Section 6720 to the Labor Code, relating to employee safety.

LEGISLATIVE COUNSEL’S DIGEST

SB 1167, as amended, Leyva. Employment safety: indoor workers: heat regulations.

Under existing law, the Occupational Safety and Health Act of 1973, the Division of Occupational Safety and Health investigates complaints that a workplace is not safe and may issue orders necessary to ensure employee safety.begin insert Under existing law, certain violations of that act or a standard, order, or special order authorized by the act are a crime.end insert Under existing law, the division has adopted regulations establishing a heat illness prevention standard for outdoor workers.

This bill would require the division, by July 1,begin delete 2017,end deletebegin insert 2018,end insert to propose to thebegin delete standards boardend deletebegin insert Occupational Safety and Health Standards Boardend insert for its adoption, a heat illness and injury prevention standard applicable to indoorbegin delete workers that provides equal or greater protection.end deletebegin insert workers. The bill would specify that this requirement does not prohibit the division from proposing, or the standards board from adopting, a standard that limits the application of high heat provisions to certain industry sectors.end insert Because this bill would expand the definition of an existing crime, it 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:

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SECTION 1.  

Section 6720 is added to the Labor Code, to read:

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6720.  

By July 1,begin delete 2017,end deletebegin insert 2018,end insert the division shall propose to the
3standards board for its review and adoption a standard thatbegin delete protects
4the health and safety of indoor workers fromend delete
begin insert minimizesend insert heat-related
5illness andbegin delete injury. The standard shall offer protections for indoor
6workers that meet or exceed the protections for outdoor places of
7employment.end delete
begin insert injury among indoor workers. This section does not
8prohibit the division from proposing, or the standards board from
9adopting, a standard that limits the application of high heat
10provisions to certain industry sectors.end insert

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SEC. 2.  

No reimbursement is required by this act pursuant to
12Section 6 of Article XIII B of the California Constitution because
13the only costs that may be incurred by a local agency or school
14district will be incurred because this act creates a new crime or
15infraction, eliminates a crime or infraction, or changes the penalty
16for a crime or infraction, within the meaning of Section 17556 of
17the Government Code, or changes the definition of a crime within
18the meaning of Section 6 of Article XIII B of the California
19Constitution.



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