BILL NUMBER: AB 3037	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 3, 2004
	AMENDED IN ASSEMBLY  APRIL 29, 2004
	AMENDED IN ASSEMBLY  APRIL 12, 2004

INTRODUCED BY   Assembly Member Yee

                        FEBRUARY 26, 2004

    An act to amend Sections 6302 and 6401.7 of, and to add
Sections 6401.8 and 6401.9 to, the Labor Code, and to amend Section
1103 of, and to add Chapter 1.5 (commencing with Section 1200) to
Part 1 of Division 2 of, the Public Contract Code, relating to
employment.  An act relating to employment. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 3037, as amended, Yee.  Employment:  occupational safety and
health.
   Existing law requires every employer to establish an effective
injury prevention program, and specifically permits employer and
employee occupational safety and health committees to be included in
the employer's injury prevention program.  
   This bill would require the injury and illness prevention program
(IIPP) of an employer to include either a joint employer-employee
occupational safety and health committee or an employer-employee
safety liaison team, except as specified.  The bill would require the
Division of Occupational Safety and Health to adopt regulations to
implement this new requirement on or before January 1, 2006, and to
establish minimum criteria regarding committee duties and selection
of employee representatives.
   Existing law creates a presumption that an employer is in
substantial compliance with the communication requirement of the
employer's injury prevention program if the employer's occupational
safety and health committee conforms with specified criteria.
   This bill would require the Department of Industrial Relations or
one of its divisions to establish criteria for a certificate of merit
for employers with an effective IIPP with an effective joint
employer-employee occupational safety and health committee.  The
certificate would entitle the employer to additional incentives,
including a discount on the employer's workers' compensation premium
and a presumption that an employer meets responsible bidding
requirements for safety and health.
   The bill would require employers to submit certificate
applications under penalty of perjury.  By creating a new crime, the
bill would impose a state-mandated local program.
   The bill would impose related responsible bidder requirements for
public contracts, that would require demonstration of the
effectiveness of the bidder's IIPP.  The bill would require the
Department of Industrial Relations to develop model guidelines for
contractual language for public entities to assure that the
successful bidder provides a safe and healthful work place.
  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.  
   This bill would state the intent of the Legislature to require
high hazard industries to include an employer-employee committee or
liaison to work in conjunction with their existing injury and illness
prevention program. 
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  
yes   no  . State-mandated local program:
yes   no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  
  SECTION 1.  The Legislature finds and declares that  
  SECTION 1.  (a) It is the intent of the Legislature to require high
hazard industries to include an employer-employee committee or
liaison to work in conjunction with their existing injury and illness
prevention program.
   (b) The program shall be written and shall include, but not be
limited to, all of the following elements:
   (1) Identification of the person or persons responsible for
implementing the program.
   (2) The employer's system for identifying and evaluating workplace
hazards, including scheduled periodic inspections to identify unsafe
conditions and work practices.
   (3) The employer's methods and procedures for correcting unsafe or
unhealthy conditions and work practices in a timely manner.
   (4) An occupational health and safety training program designed to
instruct employees in general safe and healthy work practices and to
provide specific instruction with respect to hazards specific to
each employee's job assignment.
   (5) The employer's system for communicating with employees on
occupational health and safety matters, including provisions designed
to encourage employees to inform the employer of hazards at the
worksite without fear of reprisal.
   (6) The employer's system for ensuring that employees comply with
safe and healthy work practices, which may include disciplinary
action.
   (c) The employer shall train all employees when the training
program is first established, all new employees, and all employees
given a new job assignment.  Employees also shall be trained whenever
new substances, processes, procedures, and equipment are introduced
to the workplace and represent a new hazard, and whenever the
employer receives notification of a new or previously unrecognized
hazard.    _____________________________________    All matter
omitted in this version   of the bill appears in the bill as
amended in the Assembly,  April 29, 2004  (JR 11)
____________________________________