BILL NUMBER: AB 2346 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Butler
FEBRUARY 24, 2012
An act to amend Section 6712 of the Labor Code, relating to
employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 2346, as introduced, Butler. Employment: field sanitation.
Existing law requires a prescribed occupational safety and health
standard for field sanitation.
This bill would make technical, nonsubstantive changes to these
provisions of law.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6712 of the Labor Code is amended to read:
6712. (a) The standards board shall, no later than December 1,
1991, adopt an occupational safety and health standard for field
sanitation. The standard shall comply with all of the following:
(1) The standard shall be Be at
least as effective as the federal field sanitation standard contained
in Section 1928.110 of Title 29 of the Code of Federal Regulations.
(2) The standard shall be Be
at least as effective as California field sanitation
requirements in effect as of July 1, 1990, pursuant to Article 4
(commencing with Section 113310) of Chapter 11 of Part 6 of Division
104 of the Health and Safety Code, Article 1 (commencing with Section
118375) of Chapter 1 of Part 15 of Division 104 of the Health and
Safety Code, and Section 2441 of this code.
(3) The standard shall apply Apply
to all agricultural places of employment.
(4) The standard shall require Require
that toilets are serviced and maintained in a clean, sanitary
condition and kept in good repair at all times, including written
records of that service and maintenance.
(b) Consistent with its mandatory investigation and reinspection
duties under Sections 6309, 6313, and 6320, the division shall
develop and implement a special emphasis program for enforcement of
the standard for at least two years following its adoption. Not later
than March 15, 1995, the division shall also develop a written plan
to coordinate its enforcement program with other state and local
agencies. The division shall be the lead enforcement agency. Other
state and local agencies shall cooperate with the division in the
development and implementation of the plan. The division shall report
to the Legislature, not later than January 1, 1994, on its
enforcement program. The plan shall provide for coordination between
the division and local officials in counties where the field
sanitation facilities required by the standard adopted pursuant to
subdivision (a) are registered by the county health officer or other
appropriate official of the county where the facilities are located.
The division shall establish guidelines to assist counties that
choose to register sanitation facilities pursuant to this section,
for developing service charges, fees, or assessments to defray the
costs of registering the facilities, taking into consideration the
differences between small and large employers.
(c) (1) Past violations by a fixed-site or nonfixed-site employer,
occurring anywhere in the state within the previous five years, of
one or more field sanitation regulations established pursuant to this
section, or of Section 1928.110 of Title 29 of the Code of Federal
Regulations, shall be considered for purposes of establishing whether
a current violation is a repeat violation under Section 6429.
(2) Past violations by a fixed-site or nonfixed-site employer,
occurring anywhere in the state within the previous five years, of
one or more field sanitation regulations established pursuant to this
section, Article 4 (commencing with Section 113310) of Chapter 11 of
Part 6 of Division 104 of the Health and Safety Code, Article 1
(commencing with Section 118375) of Chapter 1
of Part 15 of Division 104 of the Health and Safety Code, or Section
2441 of this code, or of Section 1928.110 of Title 29 of the Code of
Federal Regulations, shall constitute evidence of willfulness for
purposes of Section 6429.
(d) (1) Notwithstanding Sections 6317 and 6434, any employer who
fails to provide the facilities required by the field sanitation
standard shall be assessed a civil penalty under the appropriate
provisions of Sections 6427 to 6430, inclusive, except that in no
case shall the penalty be less than seven hundred fifty dollars
($750) for each violation.
(2) Abatement periods fixed by the division pursuant to Section
6317 for violations shall be limited to one working day. However, the
division may, pursuant to Section 6319.5, modify the period in cases
where a good faith effort to comply with the abatement requirement
is shown. The filing of an appeal with the appeals board pursuant to
Sections 6319 and 6600 shall not stay the abatement period.
(3) An employer cited pursuant to paragraph (1) of this
subdivision shall be required to annually complete a field
sanitation compliance form which shall list the estimated peak number
of employees, the toilets, washing, and drinking water facilities to
be provided by the employer, any rental and maintenance agreements,
and any other information considered relevant by the division for a
period of five years following the citation. The employer shall be
required to annually submit the completed form, subscribed under
penalty of perjury, to the division, or to an agency designated by
the division.
(e) The division shall notify the State Department of Health
Services and the appropriate local health officers whenever a
violation of the standard adopted pursuant to this section may result
in the adulteration of food with harmful bacteria or other
deleterious substances within the meaning of Article 5 (commencing
with Section 110545) of Chapter 5 of Part 5 of Division 104 of the
Health and Safety Code.
(f) Pending final adoption and approval of the standard required
by subdivision (a), the division may enforce the field sanitation
standards prescribed by Section 1928.110 of Title 29 of the Code of
Federal Regulations, except subdivision (a) of Section 1928.110, in
the same manner as other standards contained in this division.