BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
SB 829 (DeSaulnier)
Hearing Date: 5/16/2011 Amended: 5/3/2011
Consultant: Bob Franzoia Policy Vote: L&IR 5-0
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BILL SUMMARY: SB 829 would revise and recast various provisions
regarding citations issued by the Department of Industrial
Relations (department), the persons or entities who are
authorized to participate as a party in an appeal before the
Occupational Safety and Health Appeals Board (appeals board),
and the procedures that govern the appeals board in hearing and
deciding appeals. The bill also would make other related
clarifying and conforming changes.
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Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13 2013-14 Fund
Revision of employment Unknown, major costs annually,
ongoingSpecial*
safety appeals process
* Occupational Safety and Health Fund
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STAFF COMMENTS: This bill meets the criteria for referral to the
Suspense File.
Existing law establishes the Division of Occupational Safety and
Health (division) in the department to enforce employment safety
laws. Existing law authorizes the division to conduct hearings,
inspections, and investigations regarding alleged violations of
employment safety laws and to issue citations to employers.
Existing law establishes in the department, and prescribes
procedures for the appeals board to hear and decide employer
appeals of the division's enforcement actions.
This bill makes numerous changes to the appeals process, as
follows:
- Require the appeals board, in adjudicating appeals, to
liberally construe the provisions of the California Occupational
SB 829 (DeSaulnier)
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Safety and Health Act of 1973, as well as standards and orders
adopted by the department, the division and the Occupational
Safety and Health Standards Board.
- Expand to include a party and any affected person who may seek
judicial review of an appeals board decision regardless of
whether he or she participated in the appeal to the appeals
board or the hearing officer.
- Require, in adjudicating appeals, the appeals board be subject
to and shall apply the rules and regulations adopted by the
department, and not the board, for the purposes of enforcing
statutes regarding occupational safety and health.
- Authorize the appeals board to award fees to the division if
it prevails in an appeal, as specified. Costs and fees awarded
to the division would be deposited in the division's operating
budget.
- Increase the persons and entities that may file a complaint
prompting an investigation.
- Prohibit the appeals board from staying an abatement measure
required by the division as part of an enforcement action
pending appeal unless the employer indicates that it seeks a
stay of the abatement.
- Provide that the employer may request a hearing before the
appeals board on the enforcement action upon payment of a $250
filing fee. The appeals board may grant a stay of abatement if
it finds no employee will be exposed to an unsafe or unhealthy
condition or the condition is unlikely to cause death, serious
injury or illness or serious exposure to any worker.
- Permit wider participation in an appeal, as specified, and to
contest the reasonableness of the period of time fixed in the
citation or order for the abatement of the violation, the
sufficiency of the changes required to abate the condition, and
the characterization of the violation.
- Permit any party to contest a citation or notice of proposed
penalty regardless of whether the employer is contesting the
citation or notice of proposed penalty.
- Expand participation in hearings by allowing parties to
subpoena witnesses and documents, offer evidence, examine and
cross examine witnesses and argue and submit briefs.
- Increase parties rights to participate in settlements.
- Provide for the scheduling of hearings in a manner designed to
minimize inconvenience and require the appeals board to set
initial hearing dates, as specified.
- Establish a settlement program designed to bring parties to an
agreement at the earliest possible stage of an appeal.
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- Require the appeals board to (1) allow the division, at any
time before an appeal is submitted for decision, to amend a
citation and (2) allow the employer to amend, according to proof
presented by the employer, the basis of its appeal.
- Revise appeals board timelines.
- Expand the parties that shall have the right to appear in
mandate proceedings.
The above provisions will result in a major increase in the cost
to operate the appeals board and its processes. Specific cost
information is being developed and unavailable at this time.
Because the Occupational Safety and Health Fund is capped, and
may not be adjusted annually by more than a specified
state-local government deflator, a significant increase in costs
as a result of this bill may force the division to prioritize
its activities.