BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2146|
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THIRD READING
Bill No: AB 2146
Author: Skinner (D), et al.
Amended: 8/21/14 in Senate
Vote: 21
SENATE LABOR & INDUSTRIAL RELATIONS COMMITTEE : 5-0, 6/25/14
AYES: Hueso, Wyland, Leno, Padilla, Mitchell
SENATE APPROPRIATIONS COMMITTEE : 5-0, 8/14/14
AYES: De Le�n, Hill, Lara, Padilla, Steinberg
NO VOTE RECORDED: Walters, Gaines
ASSEMBLY FLOOR : 77-0, 5/27/14 - See last page for vote
SUBJECT : Occupational safety: firefighters: personal
protective equipment
SOURCE : California Professional Firefighters
DIGEST : This bill requires the Department of Industrial
Relations (DIR) by January 1, 2016, to convene an advisory
committee to evaluate whether changes are needed to align
industry safety order with the applicable and most recently
promulgated standards of the National Fire Protection
Association.
Senate Floor Amendments of 8/21/14 (1) require DIR to convene an
advisory committee to conduct the review of standards prescribed
in this bill; (2) establish the membership of the advisory
committee; and (3) prescribe due dates for the review of these
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AB 2146
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safety standards by the advisory committee and the Occupational
Safety and Health Standards Board (OSHSB).
Senate Floor Amendments of 8/18/14 require the OSHSB, by January
1, 2016, and every five years thereafter to complete a
comprehensive review of the existing regulations for personal
protective equipment for firefighters and add coauthors.
ANALYSIS : The California Occupational Safety and Health Act
of 1973 was enacted to ensure safe and healthful working
conditions for all California workers by, among other things,
authorizing the enforcement of effective standards as well as
assisting and encouraging employers to maintain safe and
healthful working conditions. The Division of Occupational
Safety and Health (Cal/OSHA), within DIR, is charged with
enforcing occupational health and safety laws, orders, and
standards, including the investigation of alleged violations of
those provisions. The OSHSB, also within DIR, is the entity
tasked with promoting, adopting and maintaining reasonable and
enforceable standards that ensure a safe and healthful workplace
for California workers.
Existing law establishes standards for the minimum requirements
of personal protective clothing and equipment for firefighters
when exposed to the hazards of firefighting activities and
training activities involving a hazardous environment.
Employers are responsible for ensuring availability,
maintenance, and use of all protective equipment in accordance
with specified orders.
This bill
1.Requires DIR, by January 1, 2016, to convene an advisory
committee to evaluate whether changes are needed to align
industry safety order with the applicable and most recently
promulgated standards of the National Fire Protection
Association.
2.Requires the advisory committee 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 firefighting practices
generally.
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3.Requires the advisory committee to present its findings and
recommendations to the OSHSB by July 1, 2016 and requires the
OSHSB to in turn render a decision no later than July 1, 2017,
regarding the adoption of changes to the general industry
safety orders to maintain alignment with the applicable
National Fire Protection Association standards.
4.Requires, beginning July 1, 2018, and every five years
thereafter, the OSHSB, in consultation with DIR, to complete a
comprehensive review of all revisions to the National Fire
protection Association standards pertaining to personal
protective equipment covered by the general industry safety
orders, as specified. 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 OSHSB 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
DIR states that this bill will result in annual costs of under
$28,000 (special fund).
Significant state and local cost pressure, potentially in the
millions of dollars, should DIR determine existing regulations
need to be updated. If the regulations are found to
constitute a new program or higher level of service, possible
state mandated reimbursable costs could result.
SUPPORT : (Verified 8/22/14)
California Professional Firefighters (source)
California Labor Federation, AFL-CIO
California Nurses Association
California State Association of Electrical Workers
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California State Firefighters' Association
California State Pipe Trades Council
Western State Council of Sheet Metal Workers
ASSEMBLY FLOOR : 77-0, 5/27/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hern�ndez,
Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,
Maienschein, Mansoor, Medina, Melendez, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen, Pan, Perea, John A. P�rez, V.
Manuel P�rez, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas,
Skinner, Stone, Ting, Wagner, Waldron, Weber, Wieckowski,
Wilk, Williams, Yamada, Atkins
NO VOTE RECORDED: Patterson, Quirk-Silva, Vacancy
PQ:e 8/22/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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