Bill Text

PDF |Add To My Favorites |Track Bill | print page

SB-772 Occupational safety and health: regulations.(2017-2018)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 09/07/2017 01:39 PM
SB772:v97#DOCUMENT

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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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 (a) (1) Occupational safety and health standards and orders shall be adopted, amended, or repealed as provided in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, except as modified by this chapter.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)).