BILL ANALYSIS
SB 478
Page 1
Date of Hearing: June 24, 2009
ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
William W. Monning, Chair
SB 478 (Wolk) - As Introduced: February 26, 2009
SENATE VOTE : 36-0
SUBJECT : Employment safety: manlifts.
SUMMARY : Allows the owner or operator of an agricultural
facility to designate a competent non-certified employee to
perform routine maintenance, repair and monthly inspection of
manlifts at agricultural facilities, as specified.
EXISTING LAW :
1)Establishes a comprehensive statutory scheme to regulate
elevator safety, which among other things:
a) Extends inspection and permitting requirements to other
conveyances including escalators, dumbwaiters, material
lifts, moving walks and automated people movers;
b) Establishes training and certification requirements for
elevator mechanics;
c) Requires the Division of Occupational Safety and Health
Standards (DOSH) within the Department of Industrial
Relations (DIR) to propose standards for elevators and
conveyances; and,
d) 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 and increases
civil penalties for the operation of unsafe elevators and
conveyances.
1)Provides that no conveyance shall be erected, constructed,
installed, materially altered, tested, maintained, repaired,
or serviced by any person, firm, or corporation unless the
person, firm, or corporation is certified by the Division of
Occupational Health and Safety (DOSH) as a certified qualified
conveyance company or mechanic.
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2)Requires all manlifts to be inspected monthly by a competent
designated person and shut down if it is found to be unsafe
until repaired and requires DOSH to inspect all conveyances at
least once each year, as specified.
3)States that the Elevator, Ride and Tramway Unit, within DOSH,
is responsible for conducting inspections of, among other
things, elevators.
4)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,
DOSH may at any time, upon good cause, and after notice and an
opportunity to be heard, revoke any permit to operate a
conveyance.
FISCAL EFFECT : Unknown
COMMENTS :
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.
According to the author's office, there are types of conveyances
at agricultural production, processing and handling 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 when a conveyance needs repair it
often puts their work on hold and has an impact in production.
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Arguments in Support :
The sponsors of this bill, the California Warehouse Association,
the California Grain and Feed Association and the California
Seed Association along with other 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.
Additionally, the sponsors of this bill and other 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 state
that this bill creates a narrow exemption to meet agricultural
processing facilities needs.
Prior Legislation :
AB 2629 (Evans) of 2008 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 inspected by the division to include private
residences, while removing the division's jurisdiction over
elevators in hydroelectric facilities. The bill was vetoed by
the Governor. 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 however, the bill's proposal to allow a
competent person to service agricultural manlifts in lieu of an
entity certified by DOSH had merit.
AB 2350 (Chavez), Chapter 503, Statutes of 2004, 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, established
a comprehensive statutory scheme to regulate elevator safety.
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SB 986 (Torlakson), 2001-02 Session, would have established a
comprehensive scheme for regulating conveyances of all types
with the major exception that this bill did not affect private
residences. The bill was vetoed by the Governor.
REGISTERED SUPPORT / OPPOSITION :
Support
Agra Services, Inc.
American Federation of State, County and Municipal Employees
Brockenhurst Mill
Cal/West Seeds
California Grain and Feed Association (cosponsor)
California Seed Association (cosponsor)
California Warehouse Association (sponsor)
Champion seed Company
De PUE Warehouse Company
Farmers Grain Elevator
Fredrick Frost
George Verhoeven Grain, Inc.
Glenn Growers
Goldsmith Seeds
Gorrill Ranch
Great Western Growers
Integrated Grain and Milling
Jerry & Carole Farms, Inc.
JG Boswell Company
Kings Feed
Northern California District Council of the International
Longshore and Warehouse Union
Nutrius LLC
NuWest Milling
Screw Conveyor Corporation
Seed Dynamics Incorporated
Seed Services, Inc.
Shaggy Dog Solutions, LLC
South Valley Trading
Star Milling Co.
Van Dyke's Rice Dryer, Inc.
Western Milling
Zacky Farm LLC
Opposition
SB 478
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None on file.
Analysis Prepared by : Lorie Erickson / L. & E. / (916)
319-2091