Bill Text: CA SB892 | 2011-2012 | Regular Session | Amended

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

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Bill Title: Economic development: Economic Development, Job

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB892 Detail]

Download: California-2011-SB892-Amended.html

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BILL NUMBER: SB 892	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 24, 2011

INTRODUCED BY   Senator Lieu

                        FEBRUARY 18, 2011

   An act to amend Section  7600 of the Labor Code, relating
to ships and vessels.   1393.5 of the Labor Code,
relating to employment. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 892, as amended, Lieu.  Ships and vessels: safety.
  Employment of minors: agricultural packing plants.
 
   Existing law prescribes limits on the hours of employment of
minors, but authorizes the Labor Commissioner to grant an exemption
to employers operating agricultural packing plants for employment of
minors 16 and 17 years of age for up to 10 hours on days when school
is not in session, during the peak harvest season. Under existing
law, which will be repealed January 1, 2012, that exemption may
additionally authorize employment of a minor who is enrolled in a
school in Lake County to be employed for more than 48, but not more
than 60, hours a week upon prior written approval by the Lake County
Board of Education. Existing law requires the Labor Commissioner to
report annually to the Legislature regarding the working conditions
of minors employed in the agricultural packing industry.  
   This bill would extend the operation of the Lake County exemption
and the requirement that the Labor Commissioner report annually until
January 1, 2016.  
   Existing law specifies safety requirements applicable to the
loading or unloading of a ship or vessel that has a carrying capacity
of 50 tons or more.  
   This bill would make nonsubstantive changes to those provisions.

   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.



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

   SECTION 1.    Section 1393.5 of the   Labor
Code   is amended to read: 
   1393.5.  (a) Notwithstanding any other provision of this article
or Article 2 (commencing with Section 49110) of Chapter 7 of Part 27
 of Division 4 of Title 2  of the Education Code, an
exemption issued pursuant to Section 1393 may authorize the
employment during the peak harvest season of a minor, 16 or 17 years
of age who resides in Lake County, during any day in which school is
not in session for up to 10 hours per day and more than 48 hours but
not more than 60 hours in any one week, only upon the prior written
approval of the Lake County Office of Education.
   (b) Each year, the Labor Commissioner, prior to issuing or
renewing an exemption under this section, shall inspect the affected
agricultural packing plant.
   (c) As a condition of receiving an exemption or a renewal of an
exemption under this section, an affected employer shall, on or
before March 1 of each year, file a written report to the Labor
Commissioner that contains the following employment information
regarding the employer's prior year's payroll:
   (1) The number of minors employed by that employer.
   (2) A list of the age and hours worked on a weekly basis of each
minor employed.
   (d) Notwithstanding Chapter 24 (commencing with Section 7550) of
Division 7 of Title 1 of the Government Code, the Labor Commissioner
shall submit a written report to the Legislature, on or before March
1 of each year, that describes the general working conditions of
minors employed in the agricultural packing industry during the past
year, and that includes all of the following information:
   (1) The number of minors employed in the agricultural packing
industry.
   (2) The number of exemptions issued, renewed, or denied pursuant
to this section.
   (3) A summary of the inspections conducted by the Labor
Commissioner pursuant to this section.
   (4) The number of workplace injuries that occurred to minors at
agricultural packing plants.
   (5) The number of violations of labor laws and regulations that
occurred at agricultural packing plants.
   (e) This section shall remain in effect only until 
January 1, 2012   January 1, 2016 , and as of that
date is repealed. 
  SECTION 1.    Section 7600 of the Labor Code is
amended to read:
   7600.  A person who is engaged in the business of loading or
unloading ships or vessels, or who is authorized or contracts to load
or unload a ship or vessel, or who is in charge of a ship or vessel
while it is being loaded or unloaded, and that ship or vessel has a
carrying capacity of 50 tons or greater, shall employ and supply upon
every ship or vessel while being loaded or unloaded, a person over
the age of 18 years to act as signalman or hatch-tender whose sole
duty it shall be to observe the operations of loading or unloading of
each working hatch on that ship or vessel, and to warn all persons
engaged in the operation of loading or unloading of any possibility
of injury to any of the articles of which the cargo is composed, or
of danger to any person in or about the ship or vessel while it is
being loaded or unloaded.