BILL ANALYSIS �
AB 1803
Page 1
Date of Hearing: April 30, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 1803 (Skinner) - As Amended: April 10, 2014
Policy Committee: LaborVote:7-0
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill establishes a lead-related construction registration
program under the Division of Occupational Safety and Health
(DOSH) and requires any employer or contractor who will be
engaging in lead-related construction work to apply for and
obtain registration in the program prior to the commencement of
any such work. Specifically, this bill:
1)Imposes an application fee for registration to be estimated by
DOSH and used for the purposes of this program. Provides that
registration for lead-related construction work shall be valid
for one year after the date of issuance by DOSH and must be
annually renewed with DOSH. Establishes a civil penalty of up
to $10,000 if an employer or contractor willfully states as
true any material fact he or she knows to be false.
2)Sets forth criteria for the application procedure and
authorizes DOSH to deny a registration application if the
employer has failed to show, based on available facts and the
employer's compliance history with DOSH, that the conditions,
practices, means, methods, operations, or processes used or
proposed to be used will provide a safe and healthful place of
employment.
3)Allows an employer or contractor to appeal an application
denial to the Director of Industrial Relations (director), who
will designate a hearing venue and preside over the hearing.
The employer shall provide reasonable notice to employees and
employee representatives of a hearing, which shall be open for
them to attend.
4)Provides that the director's decision on appeal shall be final
AB 1803
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unless a request for rehearing is filed with director within
10 days after the date of the decision is rendered, or unless
the decision is appealed to the courts as provided by law.
5)Authorizes DOSH to hold a hearing to determine if a
lead-related violation has occurred and authorizes DOSH to
impose monetary penalties: $5,000 for the first violation and
$20,000 for the second or subsequent violation.
6)Authorizes DOSH, at any time, upon a showing of good cause and
after notice and an opportunity to be heard, revoke or suspend
a lead-related construction work registration.
FISCAL EFFECT
The Department of Industrial Relations (DIR) estimates costs of
$1.9 million in the first year and $1.8 million annually to
administer the program. The bill authorizes DOSH to estimate
the cost of the application and renewal fees, which would be
deposited into the Lead Contractor Registration Fund established
under the bill. The bill requires the program to be funded
solely from these funds.
DOSH is also authorized to assess penalty fees for lead-related
violations which could also offset costs to administer the
program.
COMMENTS
1)Purpose . Under existing law, employers are required to provide
written notification to the nearest DOSH division district
office when lead-related work is planned (California Code of
Regulations, Title 8, Section 1532.1(p)). However, according
to the author, contractors are not required to register with
the state when they are performing lead abatement activities.
By contrast, asbestos abatement laws require contractors to
register with the state and notify the state when they are
performing abatement activities.
This bill is modeled after the asbestos abatement laws, which
require employers and contractors engaging in asbestos-related
work to be certified and registered with DOSH. According to
the sponsor, the Association of Environmental Contractors
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(AEC), the asbestos contractor registry has been successful in
increasing compliance with safety standards without a
corresponding increase in enforcement costs.
2)DPH lead program . The California Department of Public Health
(DPH) currently administers a Health Lead Accreditation and
Certification Program. The program, established in 1994,
certifies lead-related construction trades-people and
accredits lead-related construction training providers. Each
certificate has different training, education, and experience
requirements. Certificates are granted to individual people,
not to companies or businesses.
3)Prior legislation . This bill is virtually identical to the
introduced version of AB 354 (Ed Hern�ndez) of 2007. AB 354
was subsequently amended to deal with the cremation of human
remains and the removal of pacemakers.
Analysis Prepared by : Misty Feusahrens / APPR. / (916)
319-2081