BILL ANALYSIS �
AB 2387
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Date of Hearing: April 18, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2387 (Smyth) - As Introduced: February 24, 2012
Policy Committee: Labor and
Employment Vote: 6-0
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill authorizes any county, city, special district, public
authority, public agency, or joint powers authority to apply for
a refund of civil penalties assessed, with interest, for
violations of occupational safety and health laws if the
conditions have been corrected. Specifically, this bill:
1)Authorizes local governments to apply for a refund of their
civil penalties assessed for occupational safety and health
law violations, if all conditions have been abated, they have
abated their outstanding citation, and they have not been
cited for serious violation within two years of the original
violation.
2)Requires, if violating entities do not apply for a refund of
the penalties assessed within two years and six months of the
original violation date, the proceeds of civil penalties
received by the entities specified above be available for
grants to local public entities to maintain effective
occupational injury and illness prevention programs.
3)Prohibits the refunds of civil penalties from applying to the
portion of any civil or administrative penalty distributed
directly to an aggrieved employee.
FISCAL EFFECT
Loss of GF revenue, of at least $200,000, to the Department of
Industrial Relations to allow specified local government
entities to be refunded civil penalties assessed for violations
of occupational safety and health laws, provided specified
AB 2387
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conditions are met.
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.
3)Previous legislation . AB 1106 (Achadjian), substantially
similar to this measure, was held on this committee's suspense
file in May 2011.
AB 2387
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Analysis Prepared by : Kimberly Rodriguez / APPR. / (916)
319-2081