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AB-1175 Division of Occupational Safety and Health: inspections and investigations: advance notice. (2021-2022)

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Date Published: 03/11/2021 09:00 PM
AB1175:v98#DOCUMENT

Amended  IN  Assembly  March 11, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1175


Introduced by Assembly Member Aguiar-Curry

February 18, 2021


An act to amend Section 1171 of the Labor Code, relating to employment. An act to amend Section 6321 of the Labor Code, relating to occupational safety.


LEGISLATIVE COUNSEL'S DIGEST


AB 1175, as amended, Aguiar-Curry. Employees: regulation and supervision. Division of Occupational Safety and Health: inspections and investigations: advance notice.
Existing law, the California Occupational Safety and Health Act of 1973, vests the Division of Occupational Safety and Health within the Department of Industrial Relations with the power, jurisdiction, and supervision over every employment and place of employment, which is necessary adequately to enforce and administer all laws and lawful standards and orders, or special orders requiring such employment and place of employment to be safe, and requiring the protection of the life, safety, and health of every employee in such employment or place of employment, including to inspect and investigate employments and places of employment, as prescribed. The Occupational Safety and Health Administration (OSHA), except as provided, prohibits a person or employer from being given advance warning of an inspection or investigation by any authorized representative of the division. OSHA authorizes the Chief of the Division of Occupational Safety and Health or an authorized representative to permit advance notice of an inspection or investigation as prescribed by the Director of Industrial Relations. OSHA prohibits the authorization of advance notice when the investigation or inspection is to be made as a result of an employee complaint, unless there is imminent danger to the health or safety of an employee or employees. OSHA makes it a crime, punishable as prescribed, for any person to give unauthorized advance notice of any inspection to be conducted.
This bill would revise those advance warning provisions to prohibit any representative of the division from giving advance notice of an inspection or investigation to an employer or other person unless authorized under OSHA. The bill would authorize the chief or their authorized representatives to permit advance notice of an inspection or investigation when advance notice is necessary to ensure availability of essential personnel or access to the site, equipment, or process, as prescribed by the director. The bill would delete the prohibition on the authorization of advance notice when the investigation or inspection is to be made as a result of an employee complaint. The bill would expand the crime to apply to unauthorized advance notice of an investigation to be conducted, thereby imposing a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law regulates the wages, hours, and working conditions of employees with specified exceptions. Under existing law, these provisions apply to and include employees in any occupation, trade, or industry, except as provided.

This bill would make nonsubstantive changes to these provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.

 Section 6321 of the Labor Code is amended to read:

6321.
 (a) No person or employer representative of the division shall be given give advance warning notice of an inspection or investigation by any authorized representative of the division to an employer or other person unless authorized under provisions of this under this part.

Only

(b) Only the chief or, in the case of his absence, his or their authorized representatives shall have the authority to permit advance notice of an inspection or investigation. investigation when advance notice is necessary to ensure availability of essential personnel or access to the site, equipment, or process. The director shall, as soon as practicable, shall set down limitations under which an employer may be granted advance notice by the chief. In no case, except an imminent danger to the health chief or safety of an employee or employees, is their authorized representatives may give advance notice to be authorized when the investigation or inspection is to be made as a result of an employee complaint. employer.

Any

(c) Any person who gives advance notice of any inspection or investigation to be conducted, without authority from conducted, except when authorized by the chief or his designees, their authorized representatives pursuant to this part, is guilty of a misdemeanor and shall, upon conviction, be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than six months, or by both.

SEC. 2.

  No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SECTION 1.Section 1171 of the Labor Code is amended to read:
1171.

(a)The provisions of this chapter shall apply to and include adults and minors employed in any occupation, trade, or industry, whether compensation is measured by time, piece, or otherwise, but shall not include an individual employed as an outside salesperson or an individual participating in a national service program carried out using assistance provided under Section 12571 of Title 42 of the United States Code.

(b)An individual participating in a national service program pursuant to Section 12571 of Title 42 of the United States Code shall be informed by the nonprofit, educational institution or other entity using their service, prior to the commencement of service of the requirement, if any, to work hours in excess of eight hours per day, or 40 hours per week, or both, and shall have the opportunity to opt out of that national service program at that time. Individuals participating in a national service program pursuant to Section 12571 of Title 42 of the United States Code shall not be discriminated against or be denied continued participation in the program for refusing to work overtime for a legitimate reason.