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: 8/21/14 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, for serious violations,
a proposed modification to civil penalties for abatement or
credit for abatement unless the employer has abated the
violation, as specified, or has submitted a statement to DOSH,
as specified, and additionally requires supporting evidence with
statement where necessary. This bill authorizes the division to
grant such a modification only if the violation has been abated,
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as specified, or the signed statement and supporting evidence is
received within 10 working days after the end of the period
fixed for abatement, as specified.
Senate Floor Amendments of 8/21/14 clarify when DOSH may modify
penalties for serious violations of the California Occupational
Safety and Health Act.
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 the
Occupational Safety and Health Appeals Board (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 done any of the following:
A. Abated the violation at the time of the initial
inspection.
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B. Abated the violation at the time of a subsequent
inspection prior to the issuance of a citation.
C. Submitted a signed statement under penalty of perjury
and supporting evidence, when necessary to prove abatement,
as specified.
1.Requires DOSH to require the employer to submit a signed
statement, with supporting evidence, where necessary to prove
abatement, under penalty of perjury, that he/she has complied
with the abatement terms within the period fixed for abatement
of the violation. DOSH may grant a modification, as
specified, only if the employer has abated the violation at
the time of the initial or subsequent inspection or the
statement, signed under penalty of perjury, and supporting
evidence are received within 10 working days after the end of
the period fixed for abatement. States that at no time shall
the period for abatement be fixed prior to the issuance of a
citation. The submission of a signed abatement statement
shall not be considered as evidence of a violation during an
appeal.
2.Prohibits OSHAB from staying a requirement to abate the
occupational hazards affirmed by the decision or order unless
the employer demonstrates by a preponderance of the evidence
that a stay or suspension of abatement will not adversely
affect the health and safety of employees. The employer must
request a stay or suspension of abatement by filing a written,
verified petition with supporting declarations within 10 days
after the issuance 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 8/22/14)
State Building and Construction Trades Council of California
(co-source)
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WORKSAFE (co-source)
AFSCME Council 57
Asian Pacific Environmental Network
California Association of Psychiatric Technicians
California Conference Board of Amalgamated Transit Union
California Conference of Machinists
California Labor Federation
California Teamsters Public Affairs Council
Engineers and Scientists of California
Environmental Justice Alliance
International Longshore and Warehouse Union
Professional & Technical Engineers, Local 21
UNITE HERE!
United Steelworkers, District 12
Utility Workers Union of America, Local 132
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:k 8/22/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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