BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                          SB 829 (DeSaulnier)
          
          Hearing Date: 5/26/2011         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, potentially major costs Special*
          safety appeals process annually                             

          * Occupational Safety and Health Fund 
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          STAFF COMMENTS: SUSPENSE FILE.  AS PROPOSED TO BE AMENDED. 

          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.

          The proposed amendments (attached) make various changes to the 
          bill including:
          - Strike of Section 4
          - Repeal Labor Code 149.5.
          - Amend Labor Code Section 6309 (a) to add: The division is not 
          precluded from investigating a serious violation and conducting 








          SB 829 (DeSaulnier)
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          an on-site inspection from any other 
          source before investigating a non-serious manner.
          - Amend Labor Code 6317 to allow direct citation.
          - Add Labor Code 6319.6 (Section 7) to read: Where an employer 
          or employee contests the period of time fixed for correction of 
          any violation classified and cited as serious, willful, repeated 
          serious, or failure to abate a serious (violation), any hearing 
          on that issue shall be conducted as soon as possible and shall 
          take precedence over other hearings conducted by the board;
          - Amend Labor Code 6600 to change the characterization of a 
          violation.
          - Strike Sections 17, 18, 19 and 21.
          - Make other related changes.