SB 606

  • California Senate Bill
  • 2021-2022 Regular Session
  • Introduced in Senate Feb 18, 2021
  • Passed Senate Jun 02, 2021
  • Passed Assembly Sep 08, 2021
  • Became Law Sep 27, 2021

Workplace safety: violations of statutes: enterprise-wide violations: egregious violations.

Abstract

Existing law gives the Division of Occupational Safety and Health, within the Department of Industrial Relations, the power, jurisdiction, and supervision over every employment and place of employment in this state, which is necessary to adequately enforce and administer all laws requiring that employment and places of employment be safe, and requiring the protection of the life, safety, and health of every employee in that employment or place of employment. Existing law requires the division to issue a citation for a violation of provisions relating to the spraying of asbestos, or any standard, rule, order, or regulation established pursuant to specified provisions of the California Occupational Safety and Health Act of 1973 if, upon inspection or investigation, the division believes that an employer has committed a violation. Existing law imposes penalties of certain maximum amounts depending on whether the violation is serious, uncorrected, or willful or repeated. Existing law authorizes the division to seek an injunction restraining certain uses or operations of employment that constitute a serious menace to the lives or safety of persons, as specified. Existing law establishes requirements for a prima facie showing by the division to warrant, in the discretion of the court, the granting of a temporary restraining order. This bill would create a rebuttable presumption that a violation committed by an employer that has multiple worksites is enterprise-wide if the employer has a written policy or procedure that violates these provisions, except as specified, or the division has evidence of a pattern or practice of the same violation committed by that employer involving more than one of the employer's worksites. The bill would authorize the division to issue an enterprise-wide citation requiring enterprise-wide abatement if the employer fails to rebut such a presumption. The bill would impose specified requirements for a stay of abatement pending appeal of an enterprise-wide citation. The bill would subject an enterprise-wide violation to the same penalty provision as willful or repeated violations. This bill would require the division to issue a citation for an egregious violation, as defined, for each willful and egregious violation determined by the division, as provided. The bill, except as specified, would require each instance of an employee exposed to that violation to be considered a separate violation for purposes of the issuance of fines and penalties. The bill would exempt certain state agencies from the rebuttable presumption, enterprise-wide citation, and egregious violation citation provisions. The bill would authorize the division, in the investigation of the policies and practices of an employer or a related employer entity, to issue a subpoena if the employer or the related employer entity fails to promptly provide the requested information, and to enforce the subpoena if the employer or the related employer entity fails to provide the requested information within a reasonable period of time. The bill would authorize the division to seek an injunction restraining certain uses or operations of employment if it has grounds to issue a citation, as specified. The bill would expand grounds for granting a temporary restraining order to include grounds to issue a citation, as prescribed.

Bill Sponsors (2)

Votes


Actions


Sep 27, 2021

California State Legislature

Chaptered by Secretary of State. Chapter 336, Statutes of 2021.

California State Legislature

Approved by the Governor.

Sep 17, 2021

California State Legislature

Enrolled and presented to the Governor at 1:30 p.m.

Sep 09, 2021

Senate

Assembly amendments concurred in. (Ayes 27. Noes 10. Page 2592.) Ordered to engrossing and enrolling.

Sep 08, 2021

Assembly

Read third time. Passed. (Ayes 53. Noes 19. Page 2918.) Ordered to the Senate.

Senate

In Senate. Concurrence in Assembly amendments pending.

Sep 02, 2021

Assembly

Ordered to third reading.

Assembly

Read third time and amended.

Aug 31, 2021

Assembly

Read second time. Ordered to third reading.

Aug 30, 2021

Assembly

Read second time and amended. Ordered to second reading.

Aug 26, 2021

Assembly

From committee: Do pass as amended. (Ayes 11. Noes 4.) (August 26).

Aug 19, 2021

Assembly

August 19 set for first hearing. Placed on suspense file.

Jul 07, 2021

Assembly

From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 2.) (July 6). Re-referred to Com. on APPR.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on APPR.

Jun 23, 2021

Assembly

From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 2.) (June 22). Re-referred to Com. on JUD.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on JUD.

Jun 14, 2021

Assembly

From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. & E.

  • Amendment-Passage
  • Committee-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on L. & E.

Jun 10, 2021

Assembly

Referred to Coms. on L. & E. and JUD.

  • Referral-Committee
Coms. on L. & E. and JUD.

Jun 02, 2021

Assembly

In Assembly. Read first time. Held at Desk.

Senate

Read third time. Passed. (Ayes 28. Noes 7. Page 1377.) Ordered to the Assembly.

May 24, 2021

Senate

Read second time. Ordered to third reading.

May 20, 2021

Senate

Read second time and amended. Ordered to second reading.

Senate

From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1198.) (May 20).

May 14, 2021

Senate

Set for hearing May 20.

Apr 20, 2021

Senate

April 19 hearing: Placed on APPR suspense file.

Apr 09, 2021

Senate

Set for hearing April 19.

Apr 08, 2021

Senate

Read second time and amended. Re-referred to Com. on APPR.

  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on APPR.

Apr 07, 2021

Senate

From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 2. Page 687.) (April 6).

Senate

April 6 set for first hearing. Reconsideration of favorable vote granted.

Mar 25, 2021

Senate

Set for hearing April 6.

Senate

From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  • Amendment-Passage
  • Committee-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on JUD.

Mar 23, 2021

Senate

From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 1. Page 574.) (March 22). Re-referred to Com. on JUD.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on JUD.

Mar 10, 2021

Senate

Set for hearing March 22.

Mar 03, 2021

Senate

Referred to Coms. on L., P.E. & R. and JUD.

  • Referral-Committee
Coms. on L., P.E. & R. and JUD.

Feb 22, 2021

Senate

(Ayes 32. Noes 4.)

Senate

Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)

Senate

Art. IV. Sec. 8(a) of the Constitution dispensed with.

Feb 19, 2021

Senate

From printer. May be acted upon on or after March 21.

Feb 18, 2021

Senate

Introduced. Read first time. To Com. on RLS. for assignment. To print.

Bill Text

Bill Text Versions Format
SB606 HTML
02/18/21 - Introduced PDF
03/25/21 - Amended Senate PDF
04/08/21 - Amended Senate PDF
05/20/21 - Amended Senate PDF
06/14/21 - Amended Assembly PDF
08/30/21 - Amended Assembly PDF
09/02/21 - Amended Assembly PDF
09/13/21 - Enrolled PDF
09/27/21 - Chaptered PDF

Related Documents

Document Format
03/19/21- Senate Committee on Labor, Public Employment and Retirement PDF
04/16/21- Senate Appropriations PDF
04/23/21- Senate Judiciary PDF
05/20/21- Senate Appropriations PDF
05/25/21- Sen. Floor Analyses PDF
06/18/21- Assembly Labor and Employment PDF
07/02/21- Assembly Judiciary PDF
08/16/21- Assembly Appropriations PDF
08/31/21- ASSEMBLY FLOOR ANALYSIS PDF
09/02/21- ASSEMBLY FLOOR ANALYSIS PDF
09/08/21- Sen. Floor Analyses PDF

Sources

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