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SB-410 Occupational safety and health: regulations.(2021-2022)

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Date Published: 03/03/2021 09:00 PM
SB410:v98#DOCUMENT

Amended  IN  Senate  March 03, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 410


Introduced by Senator Leyva

February 12, 2021


An act to amend Section 53 of the Labor Code, relating to employment. An act to amend Section 142.4 of the Labor Code, relating to occupational safety and health.


LEGISLATIVE COUNSEL'S DIGEST


SB 410, as amended, Leyva. Department of Industrial Relations. Occupational safety and health: regulations.
Existing law establishes the Occupational Safety and Health Standards Board within the Department of Industrial Relations. Existing law authorizes the 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 generally requires the adoption, amendment, or repeal of standards and orders by the standards board to comply with the rulemaking provisions of the Administrative Procedure Act (APA), but exempts from provisions of the APA relating to public participation and review of proposed regulations a standard or amendment to any standard adopted by the standards board that is substantially the same as a federal standard, including existing APA requirements, for a proposed nonmajor regulation, to prepare a prescribed economic impact assessment and, for a proposed major regulation, to prepare a standardized regulatory impact analysis in a 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.

Existing law establishes the Department of Industrial Relations for specified purposes and provides for its administration by the Director of Industrial Relations. Under existing law, when term “head of the department” is used in certain provisions of law, it means the Director of Industrial Relations, unless the Labor Code expressly provides that another entity retains jurisdiction over a specific matter.

This bill would make nonsubstantive changes to that provision.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   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 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 federal Occupational Safety and Health Act of 1970 (29 U.S.C. Sec. 655(c)(3)).

SECTION 1.Section 53 of the Labor Code is amended to read:
53.

Whenever in Section 1001 of, or in Part 1 (commencing with Section 11000) of Division 3 of Title 2 of, the Government Code “head of the department” or similar designation occurs, the phrase shall mean, for the purposes of this code, the director, except that in respect to matters which by the express provisions of this code are committed to or retained under the jurisdiction of the Division of Workers’ Compensation, the State Compensation Insurance Fund, the Occupational Safety and Health Standards Board, the Occupational Safety and Health Appeals Board, or the Industrial Welfare Commission, the designation shall mean the Division of Workers’ Compensation, the Administrative Director of the Division of Workers’ Compensation, the Workers’ Compensation Appeals Board, the State Compensation Insurance Fund, the Occupational Safety and Health Standards Board, the Occupational Safety and Health Appeals Board, or the Industrial Welfare Commission, as the case may be.