Today's Law As Amended


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AB-1548 Occupational safety and health: penalties.(2017-2018)



As Amends the Law Today


SECTION 1.
 It is the policy of the State of California that all public employers have and maintain a safe and healthy workplace for their employees. Penalties assessed for violations are paid with public dollars. It is the intent of the Legislature that a public entity that has demonstrated a commitment to a safe and healthy workplace as set out in Section 6434 of the Labor Code should be able to seek and obtain a return of the penalty dollars that public entity paid.

SEC. 2.

 Section 6434 of the Labor Code is amended to read:

6434.
 (a) Any civil or administrative penalty assessed pursuant to this chapter against a school district, county board of education, county superintendent of schools, charter school, community college district, California State University, University of California, or joint powers agency performing education functions  public entity  shall be deposited with the Workplace Health and Safety Revolving Fund established pursuant to Section 78.
(b) Any school district, county board of education, county superintendent of schools, charter school, community college district, California State University, University of California, or joint powers agency performing education functions  A public entity  may apply for a refund of their the  civil penalty, with interest, if all conditions previously cited have been abated, they have abated  any other outstanding citation, and if they have  citation has been abated, and if the public entity has  not been cited by the division for a serious violation at the same school  location of the violation  within two years of the date of the original violation. Funds not applied for within two years and six months of the time of the original violation shall be expended as provided for in Section 78 to assist schools in establishing effective occupational injury and illness prevention programs.
(c) For the purposes of this section, “public entity” includes a city, county, city and county, district, public authority, public agency, and any other political subdivision.