BILL ANALYSIS �
AB 2387
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Date of Hearing: March 28, 2012
ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
Sandre Swanson, Chair
AB 2387 (Smyth) - As Introduced: February 24, 2012
SUBJECT : Occupational safety and health: penalties: grants.
SUMMARY : Authorizes local public entities such as cities,
counties, and special districts 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)Authorizes a county, city, special district, public authority,
public agency, and a joint powers authority to apply for a
refund of their civil penalty 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 which is
distributed directly to an aggrieved employee pursuant to
provisions of current law authorizing private rights of
action.
4)Requires the Department of Industrial Relations (DIR) to
expend moneys in the Workers' Compensation Administration
Revolving Fund, a special account in the State Treasury, for
the following purposes:
a) Administering the workers' compensation program.
b) Enforcing the requirement that employers maintain
workers' compensation insurance coverage.
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c) Paying for grants to assist in establishing effective
occupational injury and illness prevention programs.
d) Collecting civil and administrative penalties against
specified educational entities and refunding civil penalty
moneys to these entities when all the conditions have been
abated.
EXISTING LAW :
1)Provides that civil and administrative penalties assessed for
violating occupational safety and health laws and orders
against a school district, county board of education, county
superintendent of schools, charter school, community college
district, California State University, University of
California, or joint powers agency performing education
functions shall be deposited with the "Workplace Health and
Safety Revolving Fund" (incorrect name cited in one instance
and corrected in the bill as the Workers' Compensation
Administration Revolving Fund).
2)Specifies that these educational entities may apply for a
refund of their civil penalties if all conditions previously
cited have been abated, they have abated any other outstanding
citation, and if they have not been cited for a serious
violation at the same school within two years.
3)Provides that if an educational 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 schools in establishing
effective occupational injury and illness prevention programs.
4)Establishes a similar refund mechanism for workplace safety
penalties imposed against public police departments, fire
departments, and the California Department of Forestry and
Fire Protection
5)Permits the DIR to expend moneys in the Workers' Compensation
Administration Revolving Fund for the following purposes:
a) Administer the workers' compensation program.
b) Enforce the requirement that employers maintain workers'
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compensation insurance coverage.
FISCAL EFFECT : Unknown
COMMENTS : The California Occupational Safety and Health Act of
1973, was enacted by the Legislature to ensure safe and healthy
conditions for working people in California. The Division of
Occupational Safety and Health (DOSH) was created to enforce
effective standards, assist and encourage safe and healthy
working conditions, and to provide for research, information and
training in the field of occupational safety and health.
Prior to 2000, the Labor Code contained a statutory exemption
for governmental entities from the imposition of DOSH civil
penalties. However, AB 1127 (Steinberg), Chapter # 615,
Statutes of 1999, repealed that exemption, thereby treating
governmental entities the same as private employers for purposes
of DOSH penalties.
AB 1127 also contained a limited carve-out for specified
educational entities and institutions. Under that provision,
educational entities may apply for a refund of DOSH 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, authorized a similar
refund mechanism for police departments, fire departments, and
the State Department of Forestry and Fire Protection.
This bill is nearly identical to AB 1106 (Achadjian) of 2011,
which passed this Committee on consent, however it was
subsequently held under submission in Assembly Appropriations
Committee.
The author and supporters of this bill believe this bill would
provide local entities with a history of good behavior with a
pathway to recoup costly civil penalties and put them to good
use at the local level.
REGISTERED SUPPORT / OPPOSITION :
Support
Association of the Healthcare Districts
California Association of Joint Powers Authorities
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California Special Districts Association
California State Association of Counties
CSAC Excess Insurance Authority
League of California Cities
Regional Council of Rural Counties
Solid Waste Association of North America
Opposition
None on file.
Analysis Prepared by : Lorie Alvarez / L. & E. / (916)
319-2091