BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 478
                                                                  Page  1

          Date of Hearing:   August 19, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                     SB 478 (Wolk) - As Amended:  July 13, 2009 

          Policy Committee:                             Labor and  
          Employment   Vote:                            7-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill:

          1)Allows the owner or operator of an agricultural facility to  
            designate a competent non-certified employee to perform  
            routine maintenance, repair and inspect manlifts at  
            agricultural facilities.

          2)Requires an elevator company to disclose its status as a  
            certified qualified conveyance company prior to bidding on a  
            project or contracting for services.  The disclosure is  
            required to be written and located in a conspicuous place on  
            the bid documents or contract in at least 10 point type.
           
          FISCAL EFFECT  

          Minor, if any, regulatory costs to the Division of Occupational  
          Safety and Health Standards. 

           COMMENTS  

           1)Background  . The Division of Occupational Safety and Health  
            Standards is required to propose standards for elevators and  
            conveyances. Current law also provides for civil penalties for  
            the operation of unsafe elevators and conveyances, and  
            training and certification requirements for elevator  
            mechanics.

           2)Rationale  . Supporters of the bill state that the types of  
            manlift conveyances used at agricultural processing facilities  
            are unique in that the service and repair points are clearly  








                                                                  SB 478
                                                                  Page  2

            visible to mill employees, so the needed repairs are readily  
            apparent.  As a practice, employees at mills are familiar with  
            the mechanics and operation of those conveyances and are able  
            to regularly maintain those lifts on a daily basis.  In  
            addition, most agricultural operations are in remote areas not  
            near to urban centers where most certified conveyance  
            companies are located making service and repair calls  
            difficult.

           3)Prior legislation  . AB 2629 (Evans) of 2008 would have allowed  
            uncertified individuals to do routine maintenance of  
            conveyances at agricultural facilities. It also expanded the  
            list of conveyances that need to be inspected by the division  
            to include private residences, and removed the division's  
            jurisdiction over elevators in hydroelectric facilities.  The  
            bill was vetoed due to the latter two provisions.
           Analysis Prepared by  :    Brad Williams / APPR. / (916) 319-2081