BILL ANALYSIS �
AB 1634
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Date of Hearing: April 9, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 1634 (Skinner) - As Introduced: February 10, 2014
Policy Committee: LaborVote:5-1
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill provides that an appeal of a citation that is
classified and cited as a serious, repeat serious, or willful
serious violation shall not stay the abatement periods and
requirements unless the Division of Occupational Safety and
Health (DOSH) determines that a stay will not adversely affect
the health and safety of employees.
FISCAL EFFECT
Ongoing costs of $1 million (special funds) to the Department of
Industrial Relations (DIR) to support DOSH with stay
determinations. DIR could incur additional costs to the extent
stay decisions made by DOSH are challenged and appealed.
COMMENTS
1)Purpose . Under current law, DOSH may issue a citation or
notice of proposed penalty to an employer if it determines the
employer has violated existing law. The citation is required
to provide a reasonable time for the abatement of the alleged
violation. An employer may appeal the citation with the
Occupational Safety and Health Appeals Board (OSHAB) within 15
days of the receipt of the citation. Generally, there is no
obligation for an employer to abate the alleged violation
while the appeal is pending. The author contends that, in
practice, many employers use the appeals process to delay
abatement. Appeals can last for months or years after the
original citation is issued. This bill requires an employer to
abate the most serious workplace hazards, as required by DOSH,
even during an employer's appeal.
AB 1634
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2)Opponents , including the California Chamber of Commerce,
contend that the bill would create a costly double-appeal
process that presumes guilt for employers, undermines due
process with regards to citations for workplace safety
violations, and is unnecessary in light of recently adopted
regulations for an expedited appeals process for these
situations.
3)Prior legislation . AB 1165 (Skinner) of 2013, similar to this
bill, authorized DOSH to stay the abatement of a serious,
willful or repeat violation only if the employer had a high
likelihood of successfully contesting the violation and if
staying the abatement would not adversely impact the health or
safety of employees. The bill also would have established an
expedited appeal process under OSHAB. In his veto message,
Governor Brown directed Cal/OSHA to "consult with the author
to make sure the Appeals Board process is working as intended
and, if necessary, to recommend any additional administrative
or regulatory actions that may be needed."
Analysis Prepared by : Misty Feusahrens / APPR. / (916)
319-2081