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AB-442 Employer liability: small business and microbusiness.(2017-2018)

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Date Published: 02/13/2017 02:00 PM
AB442:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 442


Introduced by Assembly Member Frazier

February 13, 2017


An act to add Section 6334 to the Labor Code, relating to employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 442, as introduced, Frazier. Employer liability: small business and microbusiness.
Under existing law, the California Occupational Safety and Health Act of 1973, the Division of Occupational Safety and Health investigates complaints that a workplace is not safe and may issue orders necessary to ensure employee safety. Under existing law, certain violations of that act or a standard, order, or special order authorized by the act are a crime.
This bill would prohibit the division from commencing any enforcement action for any nonserious violation, as defined, against any employer where the employer is a small business or microbusiness, as defined, without first giving the employer written notice and providing the employer 30 days to correct the violation. The bill would authorize the division to assess a reasonable fee to cover its costs not to exceed $50.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 6334 is added to the Labor Code, to read:

6334.
 (a) The division shall not commence any enforcement action for any nonserious violation against any employer where the employer is a small business or microbusiness without first giving written notice to the employer and providing 30 days for the employer to correct the violation.
(b) The 30-day correction period shall commence upon effective service of the written notice by the division upon the employer or where written notice is served during an inspection by the division.
(c) Notice of a correctable nonserious violation shall be an informal enforcement action and shall not constitute a first violation or an earlier violation supporting a subsequent finding of a repeat violation or an admission of guilt by the employer.
(d) The division shall assess a reasonable fee to cover its costs under this section not to exceed fifty dollars ($50) per nonserious violation.
(e) This section shall not apply to a willful violation by an employer.
(f) For purposes of this section, “small business” has the same meaning as in Section 14837 of the Government Code.
(g) For purposes of this section, “microbusiness” has the same meaning as in Section 14837 of the Government Code.
(h) For purposes of this section, “nonserious violation” means any violation that is not classified as a serious violation under Title 8 of the California Code of Regulations.