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AB-1050 Occupational safety and health: permanent variances.(2015-2016)

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Enrolled  August 31, 2016
Passed  IN  Senate  August 23, 2016
Passed  IN  Assembly  August 30, 2016
Amended  IN  Senate  February 10, 2016
Amended  IN  Senate  July 07, 2015
Amended  IN  Assembly  April 21, 2015

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Assembly Bill
No. 1050


Introduced by Assembly Member Low
(Coauthor: Senator Leno)

February 26, 2015


An act to amend Section 143.1 of the Labor Code, relating to employment safety.


LEGISLATIVE COUNSEL'S DIGEST


AB 1050, Low. Occupational safety and health: permanent variances.
Existing law establishes the Occupational Safety and Health Standards Board in the Department of Industrial Relations and authorizes the board to adopt, amend, or repeal employment safety and health standards and orders. Existing law authorizes the board, upon the application of an employer, to grant a permanent variance from an occupational standard or order after specified notice and hearing requirements regarding employees or employee representatives are met.
This bill would, when the request for a permanent variance pertains to a conveyance covered by the elevator safety orders, require the applicant to provide the required notice regarding the hearing to the local union representing elevator workers and to those workers who will be performing the tasks pursuant to the proposed variance, or their authorized representative. The bill would grant party status at the hearing to those workers or their authorized representative upon their request to the board.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 143.1 of the Labor Code is amended to read:

143.1.
 (a) The board shall conduct hearings on such requests for a permanent variance after employees or employee representatives are properly notified and given an opportunity to appear.
(b) If a request for a permanent variance pertains to a conveyance covered by the elevator safety orders, the applicant shall notify the union representing elevator workers in the region where the building is being constructed or modified and to those workers who will be performing the tasks pursuant to the proposed variance, or their authorized representative, pursuant to the requirements of subdivision (a). These workers, or their authorized representative, shall be granted party status upon request to the board.
(c) All board decisions on permanent variance requests shall be final except for any rehearing or judicial review provided for by law.