BILL ANALYSIS �
AB 1106
Page 1
Date of Hearing: May 18, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 1106 (Achadjian) - As Amended: April 25, 2011
Policy Committee: InsuranceVote:12
- 0
Labor and Employment 6 - 0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill allows any county, city, special district, public
authority, public agency, or joint powers authority to apply for
a refund of civil penalties assessed for violations of
occupational safety and health laws if the conditions have been
corrected. Specifically, this bill:
1)Allows local governments to apply for a refund of their civil
penalties assessed for violating occupational safety and
health laws and orders if all conditions previously cited have
been abated, they have abated any other outstanding citation,
and they have not been cited for a serious violation at the
same agency within two years of the original violation.
2)Provides that if a local public entity does not apply for a
refund of its civil penalties within two years and six months
of the original violation, the funds shall be expended by
making available grants to assist "local public entities" in
establishing and maintaining effective occupational injury and
illness prevention programs.
3)Provides that these refunds of civil penalties do not apply to
the portion of any civil or administrative penalty distributed
directly to an aggrieved employee.
FISCAL EFFECT
Loss of GF likely in excess of $200,000 a year as this bill
requires civil penalties currently paid into the GF either be
returned to the local government that paid the penalty or used
AB 1106
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to provide grants to local entities to help them establish and
maintain injury prevention programs.
COMMENTS
1)Purpose . The author states that this bill addresses an
inequitable policy that permits only some governmental
entities to obtain a rebate of civil fines paid to the
Division of Occupational Health and Safety (Cal/OSHA). This
bill would permit local governmental entities to obtain a
rebate of Cal/OSHA civil fines, as long as the same conditions
are met by the entities that are currently exempted (i.e.,
educational entities and law enforcement).
The author cites Department of Industrial Relations data to
point out that schools have been subject to $192,000 in
Cal/OSHA fines between 2007 and 2010, and have received
$122,879 in rebates during this time period. The author cites
data from the California State Association of Counties (CSAC)
that indicates that between 2008 and 2010, local public
entities have been fined $534,155, but have not been eligible
for a rebate of their Cal/OSHA fines, even though the
conditions that caused the citations have been remedied.
2)Background . The Cal/OSHA Program is responsible for enforcing
California laws and regulations pertaining to workplace safety
and health and for providing assistance to employers and
workers about workplace safety and health issues. AB 1127
(Steinberg; Chapter 615 of 1999, repealed the exemption for
governmental entities from the imposition of Cal/OSHA civil
penalties, thereby treating governmental entities the same as
private employers for purposes of Cal/OSHA penalties. AB 1127
included a provision that permits educational entities to
apply for a refund of Cal/OSHA penalties if the previously
cited condition has been abated, any other outstanding
citations have been abated, and there have been no citations
for serious violations for a period of two years.
In 2005, AB 186 (Bogh; Chapter 141, Statutes of 2005)
authorized a similar refund mechanism for police departments,
fire departments, and the State Department of Forestry and
Fire Protection.
AB 1106
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Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081