BILL ANALYSIS �
AB 1634
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ASSEMBLY THIRD READING
AB 1634 (Skinner)
As Introduced February 10, 2014
Majority vote
LABOR & EMPLOYMENT 5-1 APPROPRIATIONS 12-5
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|Ayes:|Roger Hern�ndez, Alejo, |Ayes:|Gatto, Bocanegra, |
| |Chau, Gomez, Holden | |Bradford, |
| | | |Ian Calderon, Campos, |
| | | |Eggman, Gomez, Holden, |
| | | |Pan, Quirk, |
| | | |Ridley-Thomas, Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Morrell |Nays:|Bigelow, Donnelly, Jones, |
| | | |Linder, Wagner |
| | | | |
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SUMMARY : Enacts various provisions of law related to an
employer's obligation to abate an alleged hazard pending appeal
of a citation. Specifically, this bill :
1)Provides that an appeal of a citation that is classified and
cited as a serious violation, a repeat serious violation, or a
willful serious violation shall not stay the abatement periods
and requirements.
2)Provides that if a stay of abatement is requested from the
Division of Occupational Safety and Health (DOSH), it may stay
the abatement if it determines that a stay will not adversely
affect the health and safety of employees.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, this bill will result in ongoing costs of $1 million
to the Department of Industrial Relations.
COMMENTS : This bill deals with an employer's obligation to
abate a violation pending an employer's appeal to the
Occupational Safety and Health Appeals Board (OSHAB). Under
current law, DOSH may issue a citation or notice of proposed
penalty to an employer if it determines that the employer has
violated existing law. The citation is required to be in
AB 1634
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writing and describe with particularity the nature of the
violation. The citation is also required to fix a reasonable
time for the abatement of the alleged violation. An employer
may appeal the citation by filing an appeal with the OSHAB
within 15 days of the receipt of the citation. However, there
is generally no obligation for an employer to abate the alleged
violation while the appeal is pending.
In recent years, worker advocates and other stakeholders have
raised concerns that, since an employer appeal of a citation may
not be heard and ruled upon for months (or even years), this can
lead to workplaces remaining dangerous months after an inspector
has ruled that it is unsafe.
The sponsor of this measure, the State Building and Construction
Trades Council of California, argues that this bill will
increase worker safety by requiring certain workplace safety
hazards to be fixed in a timely fashion. They state that under
the current process there could be (and have been) unsafe
conditions that have persisted in workplaces simply because an
employer has exercised their right to an appeal. Employers
should certainly have the right to appeal but not at the expense
of the safety and health of workers at a place of employment
that has had a dangerous condition uncovered by DOSH.
Opponents, including the California Chamber of Commerce, oppose
this bill and argue that it proposes 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.
Opponents contend that this bill requires employers to abate
safety hazards for which they have been cited prior to
resolution of the appeal. In other words, while the employer
exercises its right to contest the existence of an alleged
violation, DOSH could order the employer to fix the alleged
violative condition before the OSHAB has determined whether a
violation even exists.
Analysis Prepared by : Ben Ebbink / L. & E. / (916) 319-2091
AB 1634
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FN: 0003604