Bill Text: CA SB772 | 2017-2018 | Regular Session | Amended
Bill Title: Occupational safety and health: regulations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2018-01-22 - Ordered to inactive file on request of Assembly Member Calderon. [SB772 Detail]
Download: California-2017-SB772-Amended.html
Amended
IN
Assembly
September 07, 2017 |
Amended
IN
Senate
April 04, 2017 |
CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
Senate Bill | No. 772 |
Introduced by Senator Leyva |
February 17, 2017 |
An act to amend Section 142.4 of the Labor Code, relating to occupational safety and health.
LEGISLATIVE COUNSEL'S DIGEST
SB 772, as amended, Leyva.
Occupational safety and health: regulations.
Existing law authorizes the Occupational Safety and Health Standards Board to adopt, amend, or repeal occupational safety and health standards and orders, as defined, and requires the adoption of standards at least as effective as the federal standards for all issues for which federal standards have been promulgated under provisions of the federal Occupational Safety and Health Act of 1970. Existing law exempts a standard or amendment to any standard adopted by the board that is substantially the same as a federal standard from specified provisions of the existing Administrative Procedure Act, including a requirement that a state agency proposing to adopt, amend, or repeal a major regulation, as defined, on or after November 1, 2013, prepare a standardized regulatory impact analysis in the manner prescribed by the Department of Finance.
This
bill would exempt any occupational safety and health standard and order from the standardized regulatory impact analysis requirement.
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 142.4 of the Labor Code is amended to read:142.4.
(a) (1) Occupational safety and health standards and orders shall be adopted, amended, or repealed as provided in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, except as modified by this chapter.(2) (A) Notwithstanding paragraph (1), an occupational safety and health standard and order shall be exempt from subdivision (c) of Section 11346.3 of the Government Code.
(B) Nothing in this chapter shall exempt an occupational safety and health standard and order from the requirement to prepare an economic impact assessment pursuant to subdivision (b) of Section 11346.3 of the Government Code, regardless of whether the occupational safety and health standard and order is a major regulation or is not a major regulation.
(b) If an emergency regulation is based upon an emergency temporary standard published in the Federal Register by the Secretary of Labor pursuant to Section 6(c)(1) of the Federal Occupational Safety and Health Act of 1970 (P.L. 91-596; 29 U.S.C. Sec. 655(c)(1)), the 120-day period specified in Section 11346.1 of the Government Code shall be deemed not to expire until 120 days after a permanent standard is promulgated by the Secretary of Labor
pursuant to Section 6(c)(3) of the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. Sec. 655(c)(3)).