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). 
Senate Vote: On Passage

PASSED on August 24, 2010.

voted YES: 23 voted NO: 13
3 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
    select this voteAssemblyAB 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
    currently selectedSenateAssembly 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.).
    select this voteAssembly 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.
    currently selectedSenate 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.

    Average contributions given to Senators from interest groups that…

    supported this bill

    22 times as much
    $36,831
    $86,972
    $4,874
    $14,940
    $1,233
    $17,835
    $0
    $261
    YES$162,946
    $3,788
    $1,835
    $0
    $500
    $1,142
    $77
    $0
    $0
    NO$7,342

    opposed this bill

    Civil servant/public employee [About]
    Attorneys & law firms (split) [About]
    Average given to Senators who voted:
    $1,174
    YES$1,174
    85% less
    $173
    NO$173
    10 Organizations Supported and 2 Opposed; See Which Ones

    Organizations that took a position on
    An Act to Repeal and Add Section 6432 of the Labor Code, Relating to Employment.: Assembly 3rd Reading AB2774 Swanson By DeSaulnier

    10 organizations supported this bill

    American Federation of State, County and Municipal Employees
    Senate Rules Committee (2010, August 20). Bill Analysis AB 2774 8-20-2010. Retrieved September 24, 2010, from Leg Info.
    California Applicants' Attorneys Association
    Senate Rules Committee (2010, August 20). Bill Analysis AB 2774 8-20-2010. Retrieved September 24, 2010, from Leg Info.
    California Labor Federation
    Senate Rules Committee (2010, August 20). Bill Analysis AB 2774 8-20-2010. Retrieved September 24, 2010, from Leg Info.
    California Rural Legal Assistance Foundation
    Senate Rules Committee (2010, August 20). Bill Analysis AB 2774 8-20-2010. Retrieved September 24, 2010, from Leg Info.
    Communications Workers of America
    Senate Rules Committee (2010, August 20). Bill Analysis AB 2774 8-20-2010. Retrieved September 24, 2010, from Leg Info.
    International Brotherhood of Electrical Workers
    Senate Rules Committee (2010, August 20). Bill Analysis AB 2774 8-20-2010. Retrieved September 24, 2010, from Leg Info.
    International Union of Bricklayers and Allied Craftworkers
    Senate Rules Committee (2010, August 20). Bill Analysis AB 2774 8-20-2010. Retrieved September 24, 2010, from Leg Info.
    National Lawyers Guild
    Senate Rules Committee (2010, August 20). Bill Analysis AB 2774 8-20-2010. Retrieved September 24, 2010, from Leg Info.
    National Nurses United
    Senate Rules Committee (2010, August 20). Bill Analysis AB 2774 8-20-2010. Retrieved September 24, 2010, from Leg Info.
    United Association
    Senate Rules Committee (2010, August 20). Bill Analysis AB 2774 8-20-2010. Retrieved September 24, 2010, from Leg Info.

    2 organizations opposed this bill

    Pasma North
    Senate Rules Committee (2010, August 20). Bill Analysis AB 2774 8-20-2010. Retrieved September 24, 2010, from Leg Info.
    Walter and Price LLP
    Senate Rules Committee (2010, August 20). Bill Analysis AB 2774 8-20-2010. Retrieved September 24, 2010, from Leg Info.

    Need proof?

    View citations of support and opposition

    Includes reported contributions to campaigns of Senators in office on day of vote, from interest groups invested in the vote according to MapLight, January 1, 2007 – December 31, 2010.
    Contributions data source: FollowTheMoney.org

    Contributions by Legislator

    Namesort iconPartyDistrict$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Vote
    Sam AanestadRCA-4$0$0No
    Elaine AlquistDCA-13$91,376$1,200Yes
    Roy AshburnRCA-18$0$0No
    Sam BlakesleeRCA-15$16,300$0No
    Ron CalderonDCA-30$102,500$0Yes
    Gilbert CedilloDCA-22$74,900$0Yes
    Dave CogdillRCA-14$17,850$0No
    Ellen CorbettDCA-10$218,800$150Yes
    Lou CorreaDCA-34$136,500$0Yes
    Mark DeSaulnierDCA-7$497,208$100Yes
    Jeff DenhamRCA-12$2,000$2,000No
    Denise DuchenyDCA-40$0$0Yes
    Bob DuttonRCA-31$6,600$0No
    Bill EmmersonRCA-37$12,650$0No
    Dean FlorezDCA-16$4,500$0Yes
    Loni HancockDCA-9$226,650$450Yes
    Tom HarmanRCA-35$13,500$1,300Not Voting
    Dennis HollingsworthRCA-36$0$0No
    Bob HuffRCA-29$5,600$0No
    Christine KehoeDCA-39$157,350$100Yes
    Mark LenoDCA-3$205,050$9,625Yes
    Carol LiuDCA-21$122,750$950Yes
    Alan LowenthalDCA-27$171,350$225Yes
    Gloria Negrete McLeodDCA-32$128,700$0Yes
    Jenny OropezaDCA-28$90,100$100Not Voting
    Alex PadillaDCA-20$226,600$0Yes
    Fran PavleyDCA-23$95,455$775Yes
    Curren PriceDCA-26$166,350$2,375Yes
    Gloria RomeroDCA-24$69,760$1,150Yes
    George RunnerRCA-17$11,900$250No
    Joe SimitianDCA-11$118,300$1,100Yes
    Darrell SteinbergDCA-6$332,031$5,550Yes
    Tony StricklandRCA-19$14,000$0No
    Mimi WaltersRCA-33$5,600$0No
    Pat WigginsDCA-2$62,850$0Not Voting
    Lois WolkDCA-5$254,503$2,150Yes
    Rod WrightDCA-25$118,950$1,000Yes
    Mark WylandRCA-38$2,950$0No
    Leland YeeDCA-8$228,184$100Yes

    Add Data Filters:

    Legislator Filters
    Legislator Filters
    Show All
    NamePartyDistrict$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Vote
    Sam AanestadRCA-4$0$0No
    Elaine AlquistDCA-13$91,376$1,200Yes
    Roy AshburnRCA-18$0$0No
    Sam BlakesleeRCA-15$16,300$0No
    Ron CalderonDCA-30$102,500$0Yes
    Gilbert CedilloDCA-22$74,900$0Yes
    Dave CogdillRCA-14$17,850$0No
    Ellen CorbettDCA-10$218,800$150Yes
    Lou CorreaDCA-34$136,500$0Yes
    Mark DeSaulnierDCA-7$497,208$100Yes
    Jeff DenhamRCA-12$2,000$2,000No
    Denise DuchenyDCA-40$0$0Yes
    Bob DuttonRCA-31$6,600$0No
    Bill EmmersonRCA-37$12,650$0No
    Dean FlorezDCA-16$4,500$0Yes
    Loni HancockDCA-9$226,650$450Yes
    Tom HarmanRCA-35$13,500$1,300Not Voting
    Dennis HollingsworthRCA-36$0$0No
    Bob HuffRCA-29$5,600$0No
    Christine KehoeDCA-39$157,350$100Yes
    Mark LenoDCA-3$205,050$9,625Yes
    Carol LiuDCA-21$122,750$950Yes
    Alan LowenthalDCA-27$171,350$225Yes
    Gloria Negrete McLeodDCA-32$128,700$0Yes
    Jenny OropezaDCA-28$90,100$100Not Voting
    Alex PadillaDCA-20$226,600$0Yes
    Fran PavleyDCA-23$95,455$775Yes
    Curren PriceDCA-26$166,350$2,375Yes
    Gloria RomeroDCA-24$69,760$1,150Yes
    George RunnerRCA-17$11,900$250No
    Joe SimitianDCA-11$118,300$1,100Yes
    Darrell SteinbergDCA-6$332,031$5,550Yes
    Tony StricklandRCA-19$14,000$0No
    Mimi WaltersRCA-33$5,600$0No
    Pat WigginsDCA-2$62,850$0Not Voting
    Lois WolkDCA-5$254,503$2,150Yes
    Rod WrightDCA-25$118,950$1,000Yes
    Mark WylandRCA-38$2,950$0No
    Leland YeeDCA-8$228,184$100Yes

    Interest Groups that supported this bill

    $ Donated
    Construction unions$2,112,716
    Attorneys & law firms$1,588,060
    State & local government employee unions$942,015
    Electrical workers/IBEW$427,505
    Health worker unions$364,631
    Labor unions$112,100
    Health & welfare policy$44,699
    Communications & hi-tech unions$6,000
    Lawyers & lobbyists$0

    Interest Groups that opposed this bill

    $ Donated
    Attorneys & law firms$1,588,060
    Civil servant/public employee$30,650
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