AB 2774 - An Act to Repeal and Add Section 6432 of the Labor Code, Relating to Employment.

Occupational safety and health. 2009-2010 Legislature. View bill details
Author(s):
Summary:
Existing law requires an employer to provide employees with a safe workplace and authorizes the Division of Occupational Safety and Health within the Department of Industrial Relations to enforce health and safety standards in places of employment and to investigate and to issue a citation and impose civil penalties when an employer commits a serious violation that causes an employee to suffer or… More
Existing law requires an employer to provide employees with a safe workplace and authorizes the Division of Occupational Safety and Health within the Department of Industrial Relations to enforce health and safety standards in places of employment and to investigate and to issue a citation and impose civil penalties when an employer commits a serious violation that causes an employee to suffer or potentially suffer, among other things, “serious injury or illness” or “serious physical harm.”

This bill would establish a rebuttable presumption as to when an employer commits a serious violation of these provisions and would define serious physical harm, as specified. The bill would also establish new procedures and standards for an investigation and the determination by the division of a serious violation by an employer which causes harm or exposes an employee to the risk of harm. Hide
 
Status:
The bill has become law (chaptered). 
Assembly Vote: On Passage

PASSED on May 28, 2010.

voted YES: 42 voted NO: 21
16 voted present/not voting

An Act to Repeal and Add Section 6432 of the Labor Code, Relating to Employment.

AB 2774 — 2009-2010 Legislature

Summary
Existing law requires an employer to provide employees with a safe workplace and authorizes the Division of Occupational Safety and Health within the Department of Industrial Relations to enforce health and safety standards in places of employment and to investigate and to issue a citation and impose civil penalties when an employer commits a serious violation that causes an employee to suffer or potentially suffer, among other things, “serious injury or illness” or “serious physical harm.”

This bill would establish a rebuttable presumption as to when an employer commits a serious violation of these provisions and would define serious physical harm, as specified. The bill would also establish new procedures and standards for an investigation and the determination by the division of a serious violation by an employer which causes harm or exposes an employee to the risk of harm.
Learn More
At LegInfo.ca.gov
Title
An Act to Repeal and Add Section 6432 of the Labor Code, Relating to Employment.
Author(s)
Sandre Swanson
Co-Authors
    Subjects
    • Occupational safety and health
    Major Actions
    Introduced3/01/2010
    Referred to Committee
    Passed Assembly Committee on Labor and Employment5/05/2010
    Passed Assembly5/28/2010
    Passed Assembly6/02/2010
    Passed Senate Committee on Labor and Industrial Relations6/23/2010
    Passed Senate Committee on Appropriations8/12/2010
    Passed Senate Committee on Appropriations8/12/2010
    Passed Senate8/24/2010
    Passed Assembly8/26/2010
    Presented to the governor (enrolled)9/08/2010
    Became law (chaptered).9/30/2010
    Bill History
    Chamber/CommitteeMotionDateResult
    select this voteAssembly Committee on Labor and EmploymentDo pass.5/05/2010This motion PASSED the Assembly Committee on Labor and Employment
    4 voted YES 0 voted NO 3 voted present/not voting
    currently selectedAssemblyAB 2774 L.& E. Assembly Third Reading By SWANSON Amend By SWANSON Set #15/28/2010This bill PASSED the Assembly
    42 voted YES 21 voted NO 16 voted present/not voting
    select this voteAssemblyAB 2774 L.& E. Assembly Third Reading By SWANSON6/02/2010This bill PASSED the Assembly
    44 voted YES 29 voted NO 6 voted present/not voting
    select this voteSenate Committee on Labor and Industrial RelationsDo pass.6/23/2010This motion PASSED the Senate Committee on Labor and Industrial Relations
    4 voted YES 1 voted NO 1 voted present/not voting
    select this voteSenate Committee on AppropriationsPlaced on Appropriations Suspense file.8/12/2010This motion PASSED the Senate Committee on Appropriations
    11 voted YES 0 voted NO 0 voted present/not voting
    select this voteSenate Committee on AppropriationsDo pass.8/12/2010This motion PASSED the Senate Committee on Appropriations
    7 voted YES 4 voted NO 0 voted present/not voting
    select this voteSenateAssembly 3rd Reading AB2774 Swanson By DeSaulnier8/24/2010This bill PASSED the Senate
    23 voted YES 13 voted NO 3 voted present/not voting
    select this voteAssemblyAB 2774 SWANSON Concurrence in Senate Amendments8/26/2010This bill PASSED the Assembly
    50 voted YES 26 voted NO 2 voted present/not voting
    ActionDateDescription
    Introduced3/01/2010
    3/01/2010Read first time. To print.
    3/02/2010From printer. May be heard in committee April 1.
    4/08/2010Referred to Com. on L. & E. From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.
    4/12/2010Re-referred to Com. on L. & E.
    4/14/2010In committee: Hearing postponed by committee. From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.
    4/15/2010Re-referred to Com. on L. & E.
    select this voteVote5/05/2010Do pass.
    5/06/2010From committee: Do pass. (Ayes 4. Noes 0.) (May 5).
    5/10/2010Read second time. To third reading.
    5/28/2010Read third time, amended, and returned to third reading. (Ayes 42. Noes 21. Page 5340.).
    currently selectedAssembly Vote on Passage5/28/2010AB 2774 L.& E. Assembly Third Reading By SWANSON Amend By SWANSON Set #1
    6/02/2010Read third time, passed, and to Senate. (Ayes 44. Noes 29. Page 5515.)
    select this voteAssembly Vote on Passage6/02/2010AB 2774 L.& E. Assembly Third Reading By SWANSON
    6/03/2010In Senate. Read first time. To Com. on RLS. for assignment.
    6/10/2010Referred to Com. on L. & I.R.
    select this voteVote6/23/2010Do pass.
    6/24/2010From committee: Do pass. (Ayes 4. Noes 1.) (June 23).
    6/28/2010Read second time. To third reading.
    8/10/2010Read third time, amended. To second reading.
    8/11/2010Read second time. To third reading. Re-referred to Com. on APPR. pursuant to Joint Rule 10.5.
    select this voteVote8/12/2010Placed on Appropriations Suspense file.
    select this voteVote8/12/2010Do pass.
    8/12/2010In committee: Set, first hearing. Referred to APPR suspense file.
    8/16/2010From committee: Do pass. (Ayes 7. Noes 4.) (August 12). Received August 13 pursuant to Joint Rule 61(b)(14)
    8/17/2010Read second time. To third reading.
    8/19/2010Read third time, amended. To second reading.
    8/20/2010Read second time. To third reading.
    8/24/2010Read third time, passed, and to Assembly. (Ayes 23. Noes 13. Page 4828.)
    8/24/2010In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77.
    select this voteSenate Vote on Passage8/24/2010Assembly 3rd Reading AB2774 Swanson By DeSaulnier
    8/25/2010Assembly Rule 77 suspended. (Ayes 49. Noes 27. Page 6645.)
    8/26/2010Senate amendments concurred in. To enrollment. (Ayes 50. Noes 26. Page 6713.)
    select this voteAssembly Vote on Passage8/26/2010AB 2774 SWANSON Concurrence in Senate Amendments
    9/08/2010Enrolled and to the Governor at 4 p.m.
    9/30/2010Approved by the Governor.
    9/30/2010Chaptered by Secretary of State - Chapter 692, Statutes of 2010.

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    Includes reported contributions to campaigns of Assemblymembers in office on day of vote, from interest groups invested in the vote according to MapLight, January 1, 2009 – December 31, 2010.
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    NamePartyDistrict$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Vote
    Anthony AdamsRCA-59$0$0No
    Tom AmmianoDCA-13$0$0Yes
    Joel AndersonRCA-77$0$0No
    Juan ArambulaICA-31$0$0Yes
    Karen BassDCA-47$0$0Not Voting
    Jim BeallDCA-24$0$0Yes
    Bill BerryhillRCA-26$0$0Not Voting
    Tom BerryhillRCA-25$0$0Not Voting
    Sam BlakesleeRCA-33$0$0Not Voting
    Marty BlockDCA-78$0$0Yes
    Bob BlumenfieldDCA-40$0$0Yes
    Steven BradfordDCA-51$0$0Yes
    Julia BrownleyDCA-41$0$0Yes
    Joan BuchananDCA-15$0$0Yes
    Anna CaballeroDCA-28$0$0Yes
    Charles CalderonDCA-58$0$0Yes
    Wilmer Amina CarterDCA-62$0$0Not Voting
    Wesley ChesbroDCA-1$0$0Not Voting
    Connie ConwayRCA-34$0$0No
    Paul CookRCA-65$0$0No
    Joe CotoDCA-23$0$0Yes
    Mike DavisDCA-48$0$0Yes
    Hector De La TorreDCA-50$0$0Not Voting
    Kevin De LeonDCA-45$0$0Not Voting
    Chuck DeVoreRCA-70$0$0No
    Bill EmmersonRCA-63$0$0Not Voting
    Mike EngDCA-49$0$0Yes
    Noreen EvansDCA-7$0$0Yes
    Mike FeuerDCA-42$0$0Yes
    Nathan FletcherRCA-75$0$0No
    Paul FongDCA-22$0$0Yes
    Felipe FuentesDCA-39$0$0Yes
    Jean FullerRCA-32$0$0No
    Warren FurutaniDCA-55$0$0Not Voting
    Ted GainesRCA-4$0$0No
    Cathleen GalgianiDCA-17$0$0Yes
    Martin GarrickRCA-74$0$0No
    Danny GilmoreRCA-30$0$0No
    Curt HagmanRCA-60$0$0No
    Isadore HallDCA-52$0$0Not Voting
    Diane HarkeyRCA-73$0$0No
    Mary HayashiDCA-18$0$0Yes
    Ed HernandezDCA-57$0$0Yes
    Jerry HillDCA-19$0$0Yes
    Alyson HuberDCA-10$0$0Yes
    Jared HuffmanDCA-6$0$0Yes
    Kevin JeffriesRCA-66$0$0Not Voting
    Dave JonesDCA-9$0$0Yes
    Steve KnightRCA-36$0$0No
    Ted LieuDCA-53$0$0Yes
    Dan LogueRCA-3$0$0No
    Bonnie LowenthalDCA-54$0$0Yes
    Fiona MaDCA-12$0$0Yes
    Tony MendozaDCA-56$0$0Yes
    Jeff MillerRCA-71$0$0No
    Bill MonningDCA-27$0$0Yes
    Pedro NavaDCA-35$0$0Yes
    Brian NestandeRCA-64$0$0No
    Roger NielloRCA-5$0$0No
    Jim NielsenRCA-2$0$0No
    Chris NorbyRCA-72$0$0No
    John PerezDCA-46$0$0Yes
    Manuel PerezDCA-80$0$0Yes
    Anthony PortantinoDCA-44$0$0Yes
    Ira RuskinDCA-21$0$0Yes
    Mary SalasDCA-79$0$0Not Voting
    Lori SaldanaDCA-76$0$0Yes
    Jim SilvaRCA-67$0$0Not Voting
    Nancy SkinnerDCA-14$0$0Yes
    Cameron SmythRCA-38$0$0Not Voting
    Jose SolorioDCA-69$0$0Yes
    Audra StricklandRCA-37$0$0Not Voting
    Sandre SwansonDCA-16$0$0Yes
    Tom TorlaksonDCA-11$0$0Yes
    Norma TorresDCA-61$0$0Yes
    Alberto TorricoDCA-20$0$0Yes
    Van TranRCA-68$0$0No
    Mike VillinesRCA-29$0$0No
    Mariko YamadaDCA-8$0$0Yes

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