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AB-708 Occupational safety and health: accidents: responding agency notifications.(2017-2018)

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Date Published: 05/02/2017 09:00 PM
AB708:v97#DOCUMENT

Amended  IN  Assembly  May 02, 2017
Amended  IN  Assembly  April 05, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 708


Introduced by Assembly Member Quirk-Silva

February 15, 2017


An act to amend Section 6409.2 of the Labor Code, relating to employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 708, as amended, Quirk-Silva. Occupational safety and health: accidents: responding agency notifications.
The California Occupational Safety and Health Act of 1973 requires a state, county, or local fire or police agency that is called to an accident involving an employee covered by the act in which a serious injury or illness, or death occurs to immediately notify the nearest office of the Division of Occupational Safety and Health by telephone. Existing law authorizes the assessment of a civil penalty against an employer or physician if a pattern or practice of violations or a willful violation of these or other specified provisions is found, as specified.
This bill would revise that immediate notification requirement to apply to accidents in which death or loss of limb occurs and would instead require a responding agency called to an accident in which a serious injury or illness, other than death or loss of limb, occurs, to notify the nearest office of the division by telephone or electronic means within 24 hours. If a responding agency fails to notify the division of an accident, the bill would require the division to allow the agency to file an amended notification and would prohibit the citing or assessment of fines against an agency that files an amended notification, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 6409.2 of the Labor Code is amended to read:

6409.2.
 (a) Whenever a state, county, or local fire or police agency is called to an accident involving an employee covered by this part in which death or loss of limb occurs, the responding agency shall immediately notify the nearest office of the division by the telephone.
(b) Whenever a state, county, or local fire or police agency is called to an accident in which a serious injury or illness, other than death or loss of limb, occurs, the responding agency shall notify the nearest office of the division by telephone or electronic means, including, but not limited to, email, within 24 hours.
(c) After receiving a report pursuant to this section, the division shall immediately notify the appropriate prosecuting authority of the accident.

(d)If a state, county, or local fire or police agency fails to notify the division of an accident pursuant to subdivision (a) or (b), the division shall give notice to the state, county, or local fire or police agency and allow that agency to file an amended notification with the division. If the state, county, or local fire or police agency files an amended notification, the state, county, or local fire or police agency shall not be cited or assessed any fines for a violation of this section.