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AB-1158 Conveyances: permit: suspensions.(2019-2020)

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Date Published: 02/21/2019 09:00 PM
AB1158:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1158


Introduced by Assembly Member Carrillo

February 21, 2019


An act to add Section 7301.7 to the Labor Code, relating to safety in employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 1158, as introduced, Carrillo. Conveyances: permit: suspensions.
Existing law both prohibits a conveyance, as defined to include among other things an elevator or escalator, from being operated and prohibits a conveyance from being erected, constructed, installed, or materially altered unless a permit for that action is issued by or on behalf of the Division of Occupational Safety and Health of the Department of Industrial Relations and unless the permit is kept posted conspicuously on the conveyance or kept at the construction site, respectively.
Existing law authorizes the Division of Occupational Safety and Health to issue a preliminary order for repairs and alterations of a conveyance that, upon inspection, is determined to be unsafe. Under existing law, the division may prohibit the operation of the conveyance until the unsafe conditions are removed. Existing law provides for a hearing to allow the conveyance operator to contest the order.
This bill would authorize temporary suspension of a permit if an inspection determines that the work does not comply with applicable building or other standards, as specified. The bill would require that the permitholder be given notice and opportunity to contest the suspension at a hearing, 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 7301.7 is added to the Labor Code, to read:

7301.7.
 (a) A permit issued by the division for work on a conveyance described in subdivision (a) of Section 7301.1 shall be temporarily suspended if, upon inspection by a building inspector or by the division, the work performed is determined to violate applicable building code standards or standards adopted by the Occupational Safety and Health Standards Board.
(b) A permit suspended under subdivision (a) shall remain suspended until a hearing is conducted pursuant to the same requirements as a preliminary order for repairs in Section 7306, after the permitholder has been given reasonable notice and opportunity to contest the suspension.