BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 1634|
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THIRD READING
Bill No: AB 1634
Author: Skinner (D), et al.
Amended: 8/18/14 in Senate
Vote: 21
SENATE LABOR & INDUSTRIAL RELATIONS COMMITTEE : 3-1, 6/11/14
AYES: Hueso, Leno, Padilla
NOES: Wyland
NO VOTE RECORDED: Mitchell
SENATE APPROPRIATIONS COMMITTEE : 5-0, 8/14/14
AYES: De Le�n, Hill, Lara, Padilla, Steinberg
NO VOTE RECORDED: Walters, Gaines
ASSEMBLY FLOOR : 45-28, 5/28/14 - See last page for vote
SUBJECT : Occupational safety and health: violations
SOURCE : State Building and Construction Trades Council of
California
WORKSAFE
DIGEST : This bill prohibits the Division of Occupational
Safety and Health (DOSH) from granting a proposed modification
to civil penalties for abatement or credit for abatement unless
the employer has submitted a statement and supporting evidence
to DOSH within 10 days after the end of the period fixed for
abatement; prohibits the stay or suspension of an abatement
period during the pendency before the Occupational Safety and
Health Appeals Board (OSHAB) of a petition for reconsideration
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AB 1634
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of a citation for a violation classified as a serious, repeat
serious, or willful serious violation; and authorizes OSHAB to
stay or suspend an abatement, upon petition by the employer, if
the employer demonstrates that a stay or suspension will not
adversely affect the health and safety of employees.
ANALYSIS : Existing law 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.
Existing law authorizes DOSH, based upon the evidence, to
propose appropriate modifications concerning the
characterization of violations and corresponding modifications
to civil penalties for violations.
Existing law requires DOSH, whenever a serious violation is not
abated at the time of the initial or subsequent inspection, to
require the employer to submit a signed statement under penalty
of perjury that he/she has complied with the abatement terms
within the period fixed for abatement of the violation.
Existing law provides that if an employer is served with a
citation or special order, the employer may appeal to OSHAB
within 15 working days from the receipt of the citation or order
with respect to violations alleged by DOSH, abatement periods,
amount of proposed penalties, and the reasonableness of the
changes required by DOSH to abate the condition.
This bill:
1.Prohibits DOSH from granting a proposed modification to civil
penalties for abatement or credit for abatement unless the
employer has submitted a signed statement under penalty of
perjury and supporting evidence is received within 10 days
after the end of the period fixed for abatement.
2.Prohibits the stay or suspension of an abatement period during
the pendency before OSHAB of a petition for reconsideration of
a citation for a violation classified as a serious, repeat
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AB 1634
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serious, or willful serious violation.
3.Authorizes OSHAB to stay or suspend an abatement, upon
petition by the employer, if the employer demonstrates by a
preponderance of the evidence that a stay or suspension will
not adversely affect the health and safety of employees.
4.Requires employers to request a stay or suspension by filing a
written, verified petition with supporting declarations within
10 days after the filing of the order or decision.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee, the Department
of Industrial Relations estimates that it will incur first-year
costs of about $765,000 and ongoing costs of $635,000 (special
funds) to implement the provisions of this bill.
SUPPORT : (Verified 8/18/14)
State Building and Construction Trades Council of California
(co-source)
WORKSAFE (co-source)
AFSCME, AFL-CIO
Asian Pacific Environmental Network
California Conference Board of the Amalgamated Transit Union
California Conference of Machinists
California Environmental Justice Alliance
California Labor Federation, AFL-CIO
California Teamsters Public Affairs Council
Engineers and Scientists of California
International Federation of Professional & Technical Engineers,
Local 21
International Longshore andWarehouse Union
UNITE HERE
United Steelworkers, District 12
Utility Workers Union of America, Local 132
OPPOSITION : (Verified 8/18/14)
Air Conditioning Trade Association
Associated Builders and Contractors - San Diego Chapter
Associated Builders and Contractors of California
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Associated General Contractors of California
Associated Roofing Contractors of the Bay Area Counties, Inc.
Brawley Chamber of Commerce
Brea Chamber of Commerce
California Asian Pacific Chamber of Commerce
California Association of Winegrape Growers
California Automotive Business Coalition
California Chamber of Commerce
California Chapter of American Fence Association
California Construction and Industrial Materials Association
California Farm Bureau Federation
California Fence Contractors' Association
California Framing Contractors Association
California Grocers Association
California League of Food Processors
California Manufacturers and Technology Association
California Professional Association of Specialty Contractors
California Restaurant Association
California Retailers Association
Chambers of Commerce Alliance of Ventura and Santa Barbara
Construction Employers Association
Desert Hot Springs Chamber of Commerce and Visitors Center
El Centro Chamber of Commerce
Flasher Barricade Association
Fresno Chamber of Commerce
Fullerton Chamber of Commerce
Greater Bakersfield Chamber of Commerce
Lake Tahoe South Shore Chamber of Commerce
Marin Builders Association
National Federation of Independent Business
Oxnard Chamber of Commerce
Palm Desert Area Chamber of Commerce
Plumbing-Heating-Cooling Contractors Association of California
Porterville Chamber of Commerce
Redondo Beach Chamber of Commerce
Residential Contractors Association
San Diego East County Chamber of Commerce
San Fernando Valley Chamber of Commerce
San Gabriel Valley Legislative Coalition of Chambers
San Jose Silicon Valley Chamber of Commerce
Santa Clara Silicon Valley Central Chamber of Commerce &
Convention-Visitors Bureau
Simi Valley Chamber of Commerce
Southwest California Advocacy Associates
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Southwest California Legislative Council
The Chamber of the Santa Barbara Region
Torrance Area Chamber of Commerce
Turlock Chamber of Commerce
Valley Industry and Commerce Association
Visalia Chamber of Commerce
Walter & Prince, LLP
Western Electrical Contractors Association
Western Growers Association
Western States Petroleum Association
Western Steel Council
Wine Institute
ASSEMBLY FLOOR : 45-28, 5/28/14
AYES: Alejo, Ammiano, Bloom, Bocanegra, Bonilla, Bonta,
Bradford, Brown, Ian Calderon, Campos, Chau, Chesbro, Cooley,
Dickinson, Eggman, Fong, Garcia, Gatto, Gomez, Gonzalez,
Gordon, Hall, Roger Hern�ndez, Holden, Jones-Sawyer, Levine,
Lowenthal, Mullin, Muratsuchi, Nazarian, Pan, John A. P�rez,
V. Manuel P�rez, Quirk, Rendon, Ridley-Thomas, Rodriguez,
Skinner, Stone, Ting, Weber, Wieckowski, Williams, Yamada,
Atkins
NOES: Achadjian, Allen, Bigelow, Ch�vez, Conway, Dababneh,
Dahle, Donnelly, Fox, Beth Gaines, Gorell, Grove, Hagman,
Harkey, Jones, Linder, Logue, Maienschein, Mansoor, Melendez,
Nestande, Olsen, Patterson, Quirk-Silva, Salas, Wagner,
Waldron, Wilk
NO VOTE RECORDED: Buchanan, Daly, Frazier, Gray, Medina, Perea,
Vacancy
PQ/MW:k 8/18/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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