Bill Text: CA AB783 | 2021-2022 | Regular Session | Enrolled
Bill Title: Surface mines: safety regulation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2022-02-03 - Consideration of Governor's veto stricken from file. [AB783 Detail]
Download: California-2021-AB783-Enrolled.html
|
Enrolled
August 27, 2021 |
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Passed
IN
Senate
August 26, 2021 |
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Passed
IN
Assembly
June 01, 2021 |
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Amended
IN
Assembly
May 24, 2021 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 783
| Introduced by Assembly Member Gray |
February 16, 2021 |
An act to add Section 7964.6 to the Labor Code, relating to occupational safety.
LEGISLATIVE COUNSEL'S DIGEST
AB 783, Gray.
Surface mines: safety regulation.
Existing law, enforced by the Division of Occupational Safety and Health, defines and regulates mines and tunnels and distinguishes between above ground, or surface mines, and underground mines.
Existing law requires the Division of Occupational Safety and Health to issue citations if, upon inspection, an employer violates specified standards, rules, orders, or regulations. Existing law authorizes a notice to be issued in lieu of a citation if specified
conditions are met. Existing law prohibits a citation or notice from being issued by the division more than 6 months after the occurrence of the violation.
This bill would specify that the division is prohibited from issuing a citation or notice to a surface mine employer more than 6 months after the
occurrence of a violation. For inspections at a surface mine, the bill would require the division to provide the employer a specified notice of hazard within 72 hours after the inspection for observable conditions that may cause an injury if not addressed with reasonable promptness. The bill would prohibit the absence of identification of particular conditions in a notice, or the failure of the division to note particular conditions in a notice, from being grounds to dismiss or prevent applicable enforcement or corrective action.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 7964.6 is added to the Labor Code, to read:7964.6.
(a) Pursuant to Section 6317, a citation or notice shall not be issued to a surface mine employer by the division more than six months after the occurrence of the violation at issue.(b) (1) For inspections at a surface mine, that is not otherwise an underground mine, as defined in subdivision (k) of Section 7951, within 72 hours after the inspection, the division shall provide the employer a written notice, to be titled “Notice of HAZARD,” for observable conditions that may
cause an injury if not addressed with reasonable promptness. The notice shall be specific as to the equipment, activity, location, and standard at issue.
(2) (A) The notice described in paragraph (1) shall include a statement in substantially the following form: “This is advisory information to promote safety and health and is not an official finding. Corrective action taken will not impact an official finding or eventual citation.”
(B) This paragraph does not apply for inspections conducted to investigate an accident.
(c) The absence of an identification of particular conditions in a
notice described in subdivision (b), or the failure of the division to note particular conditions in a notice described in subdivision (b), shall not be grounds to dismiss or prevent applicable enforcement or corrective action.
