BILL ANALYSIS �
AB 2676
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2676 (Charles Calderon)
As Amended June 26, 2012
Majority vote
-----------------------------------------------------------------
|ASSEMBLY: | |(May 29, 2012) |SENATE: |24-12|(August 21, |
| | | | | |2012) |
-----------------------------------------------------------------
(vote not relevant)
Original Committee Reference: L. & E.
SUMMARY : Makes it a clear misdemeanor, in the Penal Code, to
fail to provide adequate shade and water to an agricultural
employee.
The Senate amendments delete the Assembly version of this bill,
and instead:
1)Provide that it is a misdemeanor for any person who directs or
supervises an agricultural employee in the performance of
outdoor work to fail to supply that employee with both
continuous, ready access to an area of shade sufficient to
allow the body to cool, and potable water that is suitably
cool and available in quantities sufficient to allow the
employee to drink one quart of water per hour throughout the
employee's work shift.
2)Provide that a violation of the above misdemeanor is
punishable by imprisonment in the county jail not exceeding
six months and/or a fine not exceeding $10,000.
3)Provide that if a violation of the above misdemeanor causes
injury, it is punishable by up to one year in the county jail
and/or a fine not exceeding $25,000.
4)Specify that nothing in this section shall preclude
prosecution under any other law.
EXISTING LAW :
1)Provides that, except in cases where a different punishment is
prescribed by law, every offense declared to be a misdemeanor
is punishable by imprisonment in the county jail not exceeding
AB 2676
Page 2
six months, or by fine not exceeding $1,000, or by both.
2)Provides the California Occupational Safety and Health Act of
1973 for the purpose of assuring safe and healthful working
conditions for all California working men and women by
authorizing the enforcement of effective standards, assisting
and encouraging employers to maintain safe and healthful
working conditions, and by providing for research,
information, education, training, and enforcement in the field
of occupational safety and health.
3)Provides that the Division of Occupational Safety and Health
(DOSH) may, among other things, require the performance of any
act which the protection of the life and safety of the
employees in places of employment reasonably demands.
4)Provides that knowingly, negligently, or repeatedly violating
an order of the DOSH, or inducing someone to do so is a
misdemeanor that entails the following penalties:
a) For knowingly or negligently violating a standard, six
months in prison, a civil penalty of $5,000 to $15,000, or
both; and,
b) For repeatedly violating a standard, one year in prison,
a civil penalty of $15,000 to $150,000, or both. If the
defendant is a corporation or limited liability corporation
(LLC), the fine may not exceed $150,000.
5)Provides that an employer who willfully violates an
occupational safety order can face a civil penalty of up to
$70,000, but no less than $5,000 for each willful violation.
6)Provides that any employer willfully violates an occupational
safety order and the violation leads to the impairment or
death of an employee, the violation constitutes a misdemeanor
with the following penalties:
a) Punishment by imprisonment in the county jail not
exceeding one year, or by fine not exceeding $100,000, or
by both; or by imprisonment in the state prison for 16
months, or two or three years, or by a fine not to exceed
$250,000, or both. If the defendant is a corporation or
LLC, the fine may not exceed $1.5 million.
AB 2676
Page 3
b) For a second violation in seven years, punishment shall
be two, three or four years in the state prison and a fine
of up to $250,000, or both. If the defendant is a
corporation or LLC, the fine must range between $1 million
and $3.5 million.
AS PASSED BY THE ASSEMBLY , this bill required the Employment
Development Department to provide information to the
Agricultural Relations Board for use in the investigation and
enforcement of existing law.
FISCAL EFFECT : According to the Senate Appropriations
Committee, unknown, potential cost annually to the Occupational
Safety and Health Fund in the Department of Industrial Relations
Division of Occupations Safety and Health if a criminal code
statute creates an implied work safety standard. The
Occupational Safety and Health Fund sunsets July 1, 2013.
COMMENTS : This bill was substantially amended in the Senate and
the Assembly-approved version of this bill was deleted. This
bill, as amended in the Senate, is inconsistent with Assembly
actions and the provisions of this bill, as amended in the
Senate, have not been heard in an Assembly policy committee.
Analysis Prepared by : Sandy Uribe / PUB.S. / (916) 319-3744
FN: 0004674