BILL ANALYSIS
Senate Committee on Labor and Industrial Relations
Mark DeSaulnier, Chair
Date of Hearing: May 13, 2009 2009-2010 Regular
Session
Consultant: Alma Perez Fiscal:No
Urgency: No
Bill No: SB 478
Author: Wolk
Version: As introduced February 26, 2009
SUBJECT
Employment safety: manlifts.
KEY ISSUE
Should the legislature permit manlift conveyances (e.g.
elevators) used in agricultural facilities to be inspected and
maintained by a person that is not certified by the state as a
competent conveyance mechanic?
PURPOSE
To allow the owner or operator of an agricultural facility to
designate a competent employee to perform routine maintenance of
manlifts at agricultural facilities.
ANALYSIS
Under existing law, the Division of Occupational Safety and
Health (DOSH), of the Department of Industrial Relations,
protects workers and the public from safety hazards through its
Cal/OSHA, elevator, amusement ride, aerial tramway, ski lift and
pressure vessel programs, and provides consultative assistance
to employers. The Elevator, Ride and Tramway (ERT) Unit, within
DOSH, is responsible for conducting inspections of, among other
things, elevators.
Under existing law , no conveyance can be erected, constructed,
installed, materially altered, tested, maintained, repaired, or
serviced by any person, firm, or corporation unless they are
certified by DOSH. In addition, existing law:
Requires that permits remain in effect and be kept
posted conspicuously on the conveyance.
Allows DOSH to assess a civil penalty against any
person, as specified, who contracts for or authorizes the
erection, construction, installation, or material
alteration of a conveyance without a permit.
Specifies that any person who erects, constructs,
installs, alters, tests, maintains, services or repairs,
removes, or dismantles a conveyance without supervision
must be DOSH certified as a competent conveyance (elevator)
mechanic.
Establishes training and certification requirements for
elevator mechanics.
Provides civil penalties for the operation of unsafe
elevators and conveyances.
Requires DOSH to inspect all conveyances at least once
each year, as specified.
Existing law defines "conveyance" as any elevator, dumbwaiter,
escalator, moving platform lift, stairway chairlift, material
lift or dumbwaiter with automatic transfer device, automated
people mover, or other equipment as specified. In addition, the
division may at any time, upon good cause, and after notice and
an opportunity to be heard, revoke any permit to operate a
conveyance.
This Bill would authorize the owner or operator of an
agricultural production, processing, and handling facility, as
defined, to designate a competent employee to perform
inspections and maintenance of manlifts used at these
facilities. This bill would specify that the designated
competent employee:
Is allowed to maintain, repair, service, lubricate, or
test the manlifts installed and used at the facilities as
long as it is done in accordance with applicable Elevator
Safety Orders.
Hearing Date: May 13, 2009 SB 478
Consultant: Alma Perez Page 2
Senate Committee on Labor and Industrial Relations
Does not need to be a certified competent conveyance
mechanic.
May inspect the manlifts each month as required by
applicable Elevator Safety Orders, however, only a state
certified competent conveyance mechanic can perform the
annual inspection as required by law (Labor Code 7304).
COMMENTS
1. Need for this bill?
The Elevator, Ride and Tramway (ERT) Unit, within DOSH, has
eight district offices throughout the state responsible for
conducting inspections of elevators. Agricultural production,
processing and handling facilities commonly use manlifts and
other elevator lifts to perform their everyday work, however,
when a conveyance needs repair it often puts their work on
hold and has an impact in production. This bill would
authorize the owner or operator of an agricultural production,
processing, and handling facility to designate a competent
employee to perform monthly inspections and maintenance of
conveyances, with the exception of the annual inspection
required by law which will be performed by a certified
competent conveyance mechanic.
Last years AB 2629 (Evans) sought to allow the same monthly
inspections by an uncertified designated person, however, that
bill also attempted to expand the list of conveyances that
need to be inspected by DOSH to include private residences,
while removing DOSH's jurisdiction over elevators in
hydroelectric facilities. That bill was vetoed by the
Governor, and in his veto message he stated that, "the bill's
proposal to allow a competent person to service agricultural
manlifts in lieu of an entity certified by DOSH has merit;
other provisions in the bill are flawed and cannot be accepted
unless supporting information is brought forward to justify
the changes proposed." This bill is limited and only aims to
allow a competent person to service agricultural manlifts on a
monthly basis.
Hearing Date: May 13, 2009 SB 478
Consultant: Alma Perez Page 3
Senate Committee on Labor and Industrial Relations
2. Proponent Arguments :
According to the author, there are types of conveyances at
agricultural processing facilities that are unique to and
commonly used in mills and the agriculture industry. The
author argues that given the unique nature of these
conveyances, the employees at the mills are familiar with the
mechanics and operation of those conveyances and are better
able to regularly maintain those lifts. In addition, the
author argues that many of the service and repair points are
clearly visible to mill employees, so that needed repairs are
readily apparent and can be done before they become an even
bigger problem.
In addition, the author argues that most agricultural
operations are in remote areas, not near urban centers where
most certified conveyance companies are located, making
service and repair calls difficult to schedule. Proponents of
the bill argue that this measure will assist in allowing the
operator to do basic operations, inspections and maintenance,
as long as the lift is annually certified by a competent
conveyance mechanic, without creating delays in the production
process.
Lastly, proponents of the measure argue that prior to 2002
manlifts could be maintained on site by properly trained
repair people, however, a law enacted that year now requires
that only certified repair people make monthly repairs on
these lifts. Proponents argue that this bill creates a
narrow exemption to meet agricultural processing facilities
needs.
3. Opponent Arguments :
None received to date.
4. Prior/Related Legislation :
AB 2629 (Evans) of 2008: Vetoed by the Governor
This bill would have allowed uncertified individuals to do
routine maintenance of conveyances at agricultural facilities,
and to expand the list of conveyances that need to be
Hearing Date: May 13, 2009 SB 478
Consultant: Alma Perez Page 4
Senate Committee on Labor and Industrial Relations
inspected by the division to include private residences, while
removing the division's jurisdiction over elevators in
hydroelectric facilities. In his veto message the Governor
stated that the bill sought changes that significantly altered
long standing practices with relation to the private
residences and hydroelectric facilities provisions, and added
that the language in the bill was flawed and offered little
information to justify the changes proposed.
AB 2350 (Chavez): Chapter 503, Statutes of 2004
This bill made technical changes to existing law governing
elevators, escalators and other conveyances, and deleted a
disclosure requirement for permits to install, construct, or
alter any conveyance.
SB 1886 (Torlakson): Chapter 1149, Statutes of 2002
This bill established a comprehensive statutory scheme to
regulate elevator safety.
SB 986 (Torlakson): Vetoed by the Governor in 2001
This bill would have established a comprehensive scheme for
regulating conveyances of all types with the major exception
that this bill did not affect private residences.
SUPPORT
California Grain & Feed Association (Sponsor)
California Seed Association (Sponsor)
California Warehouse Association (Sponsor)
California Teamsters Public Affairs Council
International Longshore and Warehouse Union
Northern California District Council of the International
Longshore and Warehouse Union
OPPOSITION
None received to date.
* * *
Hearing Date: May 13, 2009 SB 478
Consultant: Alma Perez Page 5
Senate Committee on Labor and Industrial Relations
Hearing Date: May 13, 2009 SB 478
Consultant: Alma Perez Page 6
Senate Committee on Labor and Industrial Relations