Nancy Skinner
- Democratic
- Senator
- District 9
Author
Existing law establishes the Division of Occupational Safety and Health in the Department of Industrial Relations to enforce employment safety laws. Existing law authorizes the division to conduct hearings, inspections, and investigations regarding alleged violations of employment safety laws and to issue a citation for a violation of those laws, including violations that regulations adopted by the division classify as serious, repeat, or willful violations. Existing law authorizes the division to propose appropriate modifications concerning the characterization of violations and corresponding modifications to civil penalties for violations. Existing law requires the division, if 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 or she has complied with the abatement terms within the period fixed for abatement of the violation. Existing law establishes the Occupational Safety and Health Appeals Board in the department, and prescribes procedures for the appeals board to hear and decide appeals of a citation. Regulations adopted by the appeals board generally stay the abatement period of a citation until the conclusion of the appeal. This bill would prohibit the division 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 the division in accordance with existing law, and would additionally require supporting evidence with the statement where necessary. The bill would authorize the division to grant such a modification only if the violation has been abated, as specified, or the signed statement and supporting evidence is received within 10 working days after the end of the period fixed for abatement. The bill would generally prohibit the stay or suspension of a requirement to abate the hazards affirmed by the decision or order during the pendency before the appeals board of a petition for reconsideration of a citation for a violation that is classified as a serious violation, repeat serious violation, or willful serious violation. The bill would authorize the appeals board to stay or suspend an abatement, upon petition by the employer, only if the employer demonstrates that a stay or suspension will not adversely affect the health and safety of employees.
Approved by the Governor.
Chaptered by Secretary of State - Chapter 497, Statutes of 2014.
Enrolled and presented to the Governor at 4 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 54. Noes 25. Page 6657.).
Assembly Rule 77 suspended. (Ayes 55. Noes 24. Page 6646.)
Read third time. Passed. Ordered to the Assembly. (Ayes 25. Noes 10. Page 4897.).
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 29 pursuant to Assembly Rule 77.
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Read second time and amended. Ordered to third reading.
From committee: Do pass as amended. (Ayes 5. Noes 0.) (August 14).
In committee: Placed on APPR. suspense file.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 3. Noes 1.) (June 11). Re-referred to Com. on APPR.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 45. Noes 28. Page 5304.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 12. Noes 5.) (May 23).
In committee: Set, first hearing. Referred to APPR. suspense file.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (March 19). Re-referred to Com. on APPR.
From printer. May be heard in committee March 13.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB1634 | HTML |
| 02/10/14 - Introduced | |
| 08/18/14 - Amended Senate | |
| 08/21/14 - Amended Senate | |
| 09/04/14 - Enrolled | |
| 09/20/14 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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