Amended in Senate August 21, 2014

Amended in Senate August 18, 2014

Amended in Senate June 17, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2146

Introduced by Assembly Member Skinner

(Coauthors: Assembly Members Bigelow, Chesbro, Gonzalez, Quirk-Silva, Rodriguez, V. Manuel Pérez, Waldron, and Wieckowski)

(Coauthor: Senator Vidak)

February 20, 2014

An act to add Section 147.4 to the Labor Code, relating to occupational safety.

LEGISLATIVE COUNSEL’S DIGEST

AB 2146, as amended, Skinner. Occupational safety: begin delete firefighters. end delete begin insert firefighters: personal protective equipment. end insert

The California Occupational Safety and Health Act of 1973 provides the Division of Occupational Safety and Health within the Department of Industrial Relations with the power, jurisdiction, and supervision over all employment and places of employment necessary to enforce and administer all occupational health and safety laws and to protect employees. The Occupational Safety and Health Standards Board, an independent entity within the department, has the exclusive authority to adopt occupational safety and health standards within the state.

begin delete

This bill would require the standards board, by January 1, 2016, and every 5 years thereafter, to complete a comprehensive review of existing regulations for personal protective equipment for firefighters to determine if the standards adopted by the National Fire Protection Association (NFPA) provide a greater degree of personal protection to a firefighter. The bill would require the standards board, if it makes that determination in the affirmative, to consider modifying existing regulations for personal protective equipment for firefighters to reflect the standards adopted by the NFPA as a new safety standard for all employers of firefighters in the state.

end delete begin insert

This bill would require the Department of Industrial Relations by January 1, 2016, to convene an advisory committee, composed as specified, to evaluate whether changes are needed to align certain safety orders relating to personal protective clothing and equipment for fire fighters with standards promulgated by the National Fire Protection Association (NFPA). The bill would require the committee to present its findings and recommendations to the Occupational Safety and Health Standards Board by July 1, 2016, and require the board no later than July 1, 2017, to render a decision regarding the adoption of changes to the safety orders, or other applicable standards and regulations, in order to maintain alignment with the NFPA standards. The bill would require the board, by July 1, 2018, and every 5 years thereafter, to complete a comprehensive review of all revisions to NFPA standards pertaining to personal protective equipment, as specified, and if the review finds that the revisions to applicable standards provide a greater degree of personal protection than the safety orders, the bill would require the board to consider modifying existing safety orders and to render a decision in that regard, as specified.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 147.4 is added to the end insert begin insert Labor Code end insert begin insert , to read: end insert

begin insert

begin insert 147.4. end insert   

(a) By January 1, 2016, the department shall convene
an advisory committee to evaluate whether changes are needed
to align the general industry safety orders in Sections 3403 to
3411, inclusive, of Article 10.1 (commencing with Section 3401)
of Group 2 of Subchapter 7 of Chapter 4 of Article 8 of Division
1 of Title 8 of the California Code of Regulations with the
applicable and most recently promulgated standards of the
National Fire Protection Association. The committee shall be
composed of parties in both management and labor, represent a
cross section of the fire protection industry and community, and
be competent and knowledgeable regarding personal protective
clothing and equipment for fire fighters and fire fighting practices
generally.

(b) By July 1, 2016, the advisory committee shall present its
findings and recommendations for consideration by the board. No
later than July 1, 2017, the board shall render a decision regarding
the adoption of changes to the general industry safety orders in
Sections 3403 to 3411, inclusive, of Article 10.1 (commencing with
Section 3401) of Group 2 of Subchapter 7 of Chapter 4 of Article
8 of Division 1 of Title 8 of the California Code of Regulations,
or other applicable standards and regulations, in order to maintain
alignment with the applicable National Fire Protection Association
standards.

(c) Beginning July 1, 2018, and every five years thereafter, the
board, in consultation with the department, shall complete a
comprehensive review of all revisions to National Fire Protection
Association standards pertaining to personal protective equipment
covered by the general industry safety orders in Sections 3403 to
3411, inclusive, of Article 10.1 (commencing with Section 3401)
of Group 2 of Subchapter 7 of Chapter 4 of Article 8 of Division
1 of Title 8 of the California Code of Regulations. If the review
finds that the revisions to applicable National Fire Protection
Association standards provide a greater degree of personal
protection than the safety orders, the board shall consider
modifying existing safety orders and shall render a decision
regarding the adoption of necessary changes to safety orders, or
other applicable standards and regulations, no later than July 1
of the subsequent year, in order to maintain alignment of the safety
orders with the applicable National Fire Protection Association
standards.

end insert

begin delete

SECTION 1.  

Section 147.4 is added to the Labor Code, to
read:

147.4.  

(a)  The board shall complete a comprehensive review
of existing regulations for personal protective equipment for
firefighters by January 1, 2016, and every five years thereafter, to
determine if the standards adopted by the National Fire Protection
Association provide a greater degree of personal protection to a
firefighter.

(b) If the board determines that the standards adopted by the
National Fire Protection Association provide a greater degree of
personal protection to a firefighter, the board shall consider
modifying existing regulations for personal protective equipment
for firefighters to reflect the standards adopted by the National
Fire Protection Association as a new safety standard for all
employers of firefighters in the state.

end delete