BILL NUMBER: AB 1561	INTRODUCED
	BILL TEXT


INTRODUCED BY   Committee on Labor and Employment (Monning (Chair),
Eng, Furutani, Ma, and Portantino)

                        MARCH 11, 2009

   An act to add Section 6333 to the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1561, as introduced, Committee on Labor and Employment.
Occupational safety and health: citation outcome analysis.
   Existing law, the California Occupational Safety and Health Act of
1973, establishes enforcement procedures for the requirements
related to safe and healthful working conditions for Californians.
Existing law requires the Director of the Department of Industrial
Relations to prepare and submit to the Legislature, not later than
March 1, an annual report on the activities of the Division of
Occupational Safety and Health of the department, including, among
other components, the total inspections made and citations issued;
the number of civil penalties assessed, total amount of fines
collected, and the number of appeals heard; and information contained
in a specified report prepared by the Bureau of Investigations of
the division.
   This bill would require the Division of Occupational Safety and
Health of the department to collaborate with the Occupational Safety
and Health Appeals Board of the department to prepare an annual
report analyzing the outcomes of citations and other notifications to
employers appealed by those employers to the board by employers
during the immediately prior calendar year. The division would be
required to present the written report, not later than March 1 of
each year, to the Speaker of the Assembly and the Chairperson of the
Senate Committee on Rules for assignment to the appropriate committee
or committees for evaluation.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 6333 is added to the Labor Code, to read:
   6333.  (a) The division shall collaborate with the appeals board
to prepare an annual report that analyzes the outcomes of each
citation, notification of failure to abate, special order, and order
to take special action that satisfies all of the following:
   (1) It was appealed to the appeals board by the employer to whom
the notification of whichever type was issued.
   (2) It had a docket number issued in the immediately prior
calendar year.
   (3) It was reviewed factually and legally in a prehearing
conference or in an administrative hearing.
   (4) Its outcome was memorialized in a written order of decision.
   (b) The division shall present, not later than March 1 of each
year, the written report analyzing the outcomes of the prior year to
the Speaker of the Assembly and the Chairperson of the Senate
Committee on Rules for assignment to the appropriate committee or
committees for evaluation.
  SEC. 2.  It is the intent of the Legislature that the report
prepared each year pursuant to this act be similar to the winter 1999
report entitled "Outcomes Analysis of Pre-Hearing Conferences and
Administrative Law Hearings Involving Cal/OSHA Citations" prepared by
the Division of Occupational Safety and Health of the Department of
Industrial Relations. However, the report prepared pursuant to this
act is intended to include all the citations, orders, and other
notifications that satisfy the criteria specified in the act, rather
than just a sample of them, as were analyzed in the 1999 report.