Bill Text: CA AB1634 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Occupational safety and health: violations.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Passed) 2014-09-20 - Chaptered by Secretary of State - Chapter 497, Statutes of 2014. [AB1634 Detail]

Download: California-2013-AB1634-Introduced.html

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BILL NUMBER: AB 1634	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Skinner
   (Principal coauthor: Senator Hancock)
   (Coauthors: Assembly Members Ammiano, Bonta, Gonzalez, Quirk,
Ting, and Wieckowski)

                        FEBRUARY 10, 2014

   An act to amend Section 6600 of the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1634, as introduced, Skinner. Occupational safety and health:
violations.
   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 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 stay of an abatement period during
the pendency of an appeal of a citation for a violation that is
classified as a serious violation, repeat serious violation, or
willful serious violation. The bill would, however, authorize the
division to stay these abatement periods, upon request, if the
division determines that a stay will not adversely affect the health
and safety of employees.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 6600 of the Labor Code is amended to read:
   6600.   Any   (a)     An
 employer served with a citation  or notice 
pursuant to Section 6317, or a notice of proposed penalty under this
part, or any other person obligated to the employer as specified in
subdivision (b) of Section 6319, may appeal to the appeals board
within 15 working days from the receipt of  such 
 the citation  or  such  notice with
respect to violations alleged by the division, abatement periods,
amount of proposed penalties, and the reasonableness of the changes
required by the division to abate the condition. 
   (b) (1) An appeal of a citation that is classified as a serious
violation, a repeat serious violation, or a willful serious violation
shall not stay the abatement periods and requirements of the
division, except as provided in paragraph (2).  
   (2) If a stay of abatement is requested from the division with
respect to an appeal described in paragraph (1), the division may
stay the abatement if the division determines that a stay will not
adversely affect the health and safety of employees.