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

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Date Published: 02/18/2017 04:00 AM
AB1548:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill
No. 1548


Introduced by Assembly Member Fong

February 17, 2017


An act to amend Section 6434 of the Labor Code, relating to employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 1548, as introduced, Fong. Occupational safety and health: penalties.
Existing law requires any civil or administrative penalty assessed pursuant to the California Occupational Safety and Health Act of 1973 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 to be deposited with the Workplace Health and Safety Revolving Fund. Existing law authorizes these entities to apply for a refund of the civil penalties assessed against them if specified conditions are met. Existing law requires moneys in the fund that are not refunded to be expended to assist schools in establishing effective occupational injury and illness prevention programs.
This bill would expand the application of this section to public entities, defined as a city, county, city and county, district, public authority, public agency, and any other political subdivision. The bill would state that it is the policy of the State of California that all public employers have and maintain a safe and healthy workplace and that it is the intent of the Legislature that a public entity that has demonstrated a commitment to a safe and healthy workplace, as specified, should be able to seek and obtain a return of the penalty paid by that public entity.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


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 a 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, citation has been abated, and if they have 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.