AB 1136 - An Act to Add Section 6403.5 to the Labor Code, Relating to Employment Safety.

Employment safety: health facilities. 2011-2012 Legislature. View bill details
Author(s):
Summary:
Existing law regulates the operation of health facilities.

Existing law, the California Occupational Safety and Health Act of 1973, establishes certain safety and other responsibilities of employers and employees, including the requirement that employers provide safety devices and safeguards reasonably necessary to render the employment safe. Willful or repeated violations are a… More
Existing law regulates the operation of health facilities.

Existing law, the California Occupational Safety and Health Act of 1973, establishes certain safety and other responsibilities of employers and employees, including the requirement that employers provide safety devices and safeguards reasonably necessary to render the employment safe. Willful or repeated violations are a crime.

This bill would make findings and declarations concerning the lifting, repositioning, and transfer of patients in acute care hospitals and resulting injuries to hospital personnel.

This bill would amend the California Occupational Safety and Health Act of 1973 to require an employer to maintain a safe patient handling policy, as defined, for patient care units, and to provide trained lift teams, as defined, or staff trained in safe lifting techniques in each general acute care hospital, except for specified hospitals. The safe patient handling policy would require the replacement of manual lifting and transferring of patients with powered patient transfer devices, lifting devices, or lift teams, as specified. As part of the injury and illness prevention programs required by existing regulations, employers would be required to adopt a patient protection and health care worker back and musculoskeletal injury prevention plan, which shall include a safe patient handling policy component, as specified, to protect patients and health care workers, as defined, in health care facilities. By changing the definition of a crime, this bill would impose 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. Hide
 
Status:
The bill has become law (chaptered). 
Assembly Vote: On Passage

PASSED on September 8, 2011.

voted YES: 53 voted NO: 26
1 voted present/not voting

An Act to Add Section 6403.5 to the Labor Code, Relating to Employment Safety.

AB 1136 — 2011-2012 Legislature

Summary
Existing law regulates the operation of health facilities.

Existing law, the California Occupational Safety and Health Act of 1973, establishes certain safety and other responsibilities of employers and employees, including the requirement that employers provide safety devices and safeguards reasonably necessary to render the employment safe. Willful or repeated violations are a crime.

This bill would make findings and declarations concerning the lifting, repositioning, and transfer of patients in acute care hospitals and resulting injuries to hospital personnel.

This bill would amend the California Occupational Safety and Health Act of 1973 to require an employer to maintain a safe patient handling policy, as defined, for patient care units, and to provide trained lift teams, as defined, or staff trained in safe lifting techniques in each general acute care hospital, except for specified hospitals. The safe patient handling policy would require the replacement of manual lifting and transferring of patients with powered patient transfer devices, lifting devices, or lift teams, as specified. As part of the injury and illness prevention programs… More
Existing law regulates the operation of health facilities.

Existing law, the California Occupational Safety and Health Act of 1973, establishes certain safety and other responsibilities of employers and employees, including the requirement that employers provide safety devices and safeguards reasonably necessary to render the employment safe. Willful or repeated violations are a crime.

This bill would make findings and declarations concerning the lifting, repositioning, and transfer of patients in acute care hospitals and resulting injuries to hospital personnel.

This bill would amend the California Occupational Safety and Health Act of 1973 to require an employer to maintain a safe patient handling policy, as defined, for patient care units, and to provide trained lift teams, as defined, or staff trained in safe lifting techniques in each general acute care hospital, except for specified hospitals. The safe patient handling policy would require the replacement of manual lifting and transferring of patients with powered patient transfer devices, lifting devices, or lift teams, as specified. As part of the injury and illness prevention programs required by existing regulations, employers would be required to adopt a patient protection and health care worker back and musculoskeletal injury prevention plan, which shall include a safe patient handling policy component, as specified, to protect patients and health care workers, as defined, in health care facilities. By changing the definition of a crime, this bill would impose 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. Hide
Learn More
At LegInfo.ca.gov
Title
An Act to Add Section 6403.5 to the Labor Code, Relating to Employment Safety.
Author(s)
Sandre Swanson
Co-Authors
    Subjects
    • Employment safety: health facilities
    Major Actions
    Introduced2/18/2011
    Referred to Committee
    Passed Assembly Committee on Labor and Employment5/04/2011
    Passed Assembly6/02/2011
    Passed Senate Committee on Labor and Industrial Relations6/22/2011
    Passed Senate Committee on Appropriations7/11/2011
    Passed Senate Committee on Appropriations8/25/2011
    Passed Senate9/06/2011
    Passed Assembly9/08/2011
    Presented to the governor (enrolled)9/21/2011
    Became law (chaptered).10/07/2011
    Bill History
    Chamber/CommitteeMotionDateResult
    select this voteAssembly Committee on Labor and EmploymentDo pass.5/04/2011This motion PASSED the Assembly Committee on Labor and Employment
    5 voted YES 1 voted NO 1 voted present/not voting
    select this voteAssemblyAB 1136 SWANSON Assembly Third Reading6/02/2011This bill PASSED the Assembly
    50 voted YES 27 voted NO 3 voted present/not voting
    select this voteSenate Committee on Labor and Industrial RelationsDo pass, but re-refer to the Committee on Appropriations.6/22/2011This motion PASSED the Senate Committee on Labor and Industrial Relations
    5 voted YES 1 voted NO 1 voted present/not voting
    select this voteSenate Committee on AppropriationsPlaced on Appropriations Suspense file.7/11/2011This motion PASSED the Senate Committee on Appropriations
    9 voted YES 0 voted NO 0 voted present/not voting
    select this voteSenate Committee on AppropriationsDo pass.8/25/2011This motion PASSED the Senate Committee on Appropriations
    6 voted YES 3 voted NO 0 voted present/not voting
    select this voteSenateAssembly 3rd Reading AB1136 Swanson By DeSaulnier9/06/2011This bill PASSED the Senate
    21 voted YES 18 voted NO 1 voted present/not voting
    currently selectedAssemblyAB 1136 SWANSON Concurrence in Senate Amendments9/08/2011This bill PASSED the Assembly
    53 voted YES 26 voted NO 1 voted present/not voting
    ActionDateDescription
    Introduced2/18/2011
    2/18/2011Read first time. To print.
    2/20/2011From printer. May be heard in committee March 22.
    3/17/2011Referred to Com. on L. & E.
    4/06/2011From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.
    4/07/2011Re-referred to Com. on L. & E.
    4/26/2011From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.
    4/27/2011Re-referred to Com. on L. & E.
    select this voteVote5/04/2011Do pass.
    5/05/2011From committee: Do pass. (Ayes 5. Noes 1.) (May 4).
    5/09/2011Read second time. Ordered to third reading.
    5/31/2011Read third time and amended. Ordered to third reading. (Page 1632.)
    6/02/2011Read third time. Passed. Ordered to the Senate. (Ayes 50. Noes 27. Page 1821.)
    6/02/2011In Senate. Read first time. To Com. on RLS. for assignment.
    select this voteAssembly Vote on Passage6/02/2011AB 1136 SWANSON Assembly Third Reading
    6/16/2011Referred to Coms. on L. & I.R. and APPR.
    6/20/2011From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L. & I.R.
    select this voteVote6/22/2011Do pass, but re-refer to the Committee on Appropriations.
    6/23/2011From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (June 22). Re-referred to Com. on APPR.
    7/05/2011From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
    7/11/2011In committee: Placed on APPR. suspense file.
    select this voteVote7/11/2011Placed on Appropriations Suspense file.
    8/15/2011From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
    8/25/2011From committee: Do pass. (Ayes 6. Noes 3.) (August 25).
    select this voteVote8/25/2011Do pass.
    8/29/2011Read second time. Ordered to third reading.
    9/06/2011Read third time. Passed. Ordered to the Assembly. (Ayes 21. Noes 18. Page 2315.).
    select this voteSenate Vote on Passage9/06/2011Assembly 3rd Reading AB1136 Swanson By DeSaulnier
    9/07/2011In Assembly. Concurrence in Senate amendments pending.
    9/08/2011Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 53. Noes 26. Page 3051.).
    currently selectedAssembly Vote on Passage9/08/2011AB 1136 SWANSON Concurrence in Senate Amendments
    9/21/2011Enrolled and presented to the Governor at 3:30 p.m.
    10/07/2011Approved by the Governor.
    10/07/2011Chaptered by Secretary of State - Chapter 554, Statutes of 2011.

    Average contributions given to Assemblymembers from interest groups that…

    supported this bill

    $0
    $0
    $0
    $0
    $0
    $0
    YES$0
    $0
    $0
    $0
    $0
    $0
    $0
    NO$0

    opposed this bill

    Hospitals [About]
    Public official (elected or appointed) [About]
    Average given to Assemblymembers who voted:
    $0
    $0
    YES$0
    $0
    $0
    NO$0
    8 Organizations Supported and 3 Opposed; See Which Ones

    Organizations that took a position on
    An Act to Add Section 6403.5 to the Labor Code, Relating to Employment Safety.: AB 1136 SWANSON Concurrence in Senate Amendments

    8 organizations supported this bill

    ALPHA Fund
    Assembly Committee on Labor & Employment (2011, May 6). Assembly Committee Analysis. Retrieved August 15, 2011, from Leg. Info.
    Association of California Healthcare Districts
    Assembly Committee on Labor & Employment (2011, May 6). Assembly Committee Analysis. Retrieved August 15, 2011, from Leg. Info.
    California Labor Federation
    Assembly Committee on Labor & Employment (2011, May 6). Assembly Committee Analysis. Retrieved August 15, 2011, from Leg. Info.
    Engineers and Scientists of California
    Assembly Committee on Labor & Employment (2011, May 6). Assembly Committee Analysis. Retrieved August 15, 2011, from Leg. Info.
    Laborers' International Union of North America
    Senate Committee on Labor and Industrial Relations (2011, June 21). Senate Committee Analysis. Retrieved August 15, 2011, from Leg. Info.
    National Nurses United
    Assembly Committee on Labor & Employment (2011, May 6). Assembly Committee Analysis. Retrieved August 15, 2011, from Leg. Info.
    Service Employees International Union
    Senate Committee on Labor and Industrial Relations (2011, June 21). Senate Committee Analysis. Retrieved August 15, 2011, from Leg. Info.
    United Nurses Associations of California/Union of Health Care Professionals
    Assembly Committee on Labor & Employment (2011, May 6). Assembly Committee Analysis. Retrieved August 15, 2011, from Leg. Info.

    3 organizations opposed this bill

    California Children's Hospital Association
    Assembly Committee on Labor & Employment (2011, May 6). Assembly Committee Analysis. Retrieved August 15, 2011, from Leg. Info.
    California Hospital Association
    Assembly Committee on Labor & Employment (2011, May 6). Assembly Committee Analysis. Retrieved August 15, 2011, from Leg. Info.
    CSAC Excess Insurance Authority
    Assembly Committee on Labor & Employment (2011, May 6). Assembly Committee Analysis. Retrieved August 15, 2011, from Leg. Info.

    Need proof?

    View citations of support and opposition

    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, 2011 – December 31, 2012.
    Contributions data source: FollowTheMoney.org

    Contributions by Legislator

    Namesort iconPartyDistrict$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Vote
    Katcho AchadjianRCA-33$4,250$2,000
    Luis AlejoDCA-28$50,200$0
    Michael AllenDCA-7$157,510$7,800
    Tom AmmianoDCA-13$30,400$0
    Toni AtkinsDCA-76$38,200$4,250
    Jim BeallDCA-24$174,650$1,100
    Bill BerryhillRCA-26$2,120$4,000
    Marty BlockDCA-78$151,050$3,900
    Bob BlumenfieldDCA-40$58,800$5,000
    Susan BonillaDCA-11$36,570$0
    Steven BradfordDCA-51$37,200$3,900
    Julia BrownleyDCA-41$0$0
    Joan BuchananDCA-15$42,050$3,500
    Betsy ButlerDCA-53$113,775$8,050
    Charles CalderonDCA-58$0$0
    Nora CamposDCA-23$35,800$1,000
    Wilmer Amina CarterDCA-62$0$0
    Gilbert CedilloDCA-45$0$0
    Wesley ChesbroDCA-1$20,860$6,000
    Connie ConwayRCA-34$1,600$5,900
    Paul CookRCA-65$0$0
    Mike DavisDCA-48$0$0
    Roger DickinsonDCA-9$58,300$200
    Tim DonnellyRCA-59$300$6,000
    Mike EngDCA-49$0$0
    Mike FeuerDCA-42$0$0
    Nathan FletcherRCA-75$0$0
    Paul FongDCA-22$52,038$7,800
    Felipe FuentesDCA-39$0$0
    Warren FurutaniDCA-55$0$0
    Beth GainesRCA-4$0$13,200
    Cathleen GalgianiDCA-17$156,880$1,000
    Martin GarrickRCA-74$0$0
    Mike GattoDCA-43$61,418$6,900
    Rich GordonDCA-21$22,800$1,000
    Jeff GorellRCA-37$2,300$4,900
    Shannon GroveRCA-32$0$1,500
    Curt HagmanRCA-60$0$6,700
    Linda HaldermanRCA-29$0$0
    Isadore HallDCA-52$19,700$5,200
    Diane HarkeyRCA-73$0$4,100
    Mary HayashiDCA-18$0$0
    Roger HernandezDCA-57$43,550$2,200
    Jerry HillDCA-19$44,750$2,350
    Alyson HuberDCA-10$0$0
    Ben HuesoDCA-79$38,500$2,000
    Jared HuffmanDCA-6$0$0
    Kevin JeffriesRCA-66$0$0
    Brian JonesRCA-77$0$0
    Steve KnightRCA-36$0$0
    Ricardo LaraDCA-50$60,000$500
    Dan LogueRCA-3$300$6,400
    Bonnie LowenthalDCA-54$8,000$2,000
    Fiona MaDCA-12$0$0
    Allan MansoorRCA-68$0$8,800
    Tony MendozaDCA-56$0$0
    Jeff MillerRCA-71$1,200$17,700
    Holly MitchellDCA-47$38,125$4,500
    Bill MonningDCA-27$69,765$4,900
    Mike MorrellRCA-63$6,025$4,050
    Brian NestandeRCA-64$24,400$1,250
    Jim NielsenRCA-2$0$0
    Chris NorbyRCA-72$350$6,434
    Kristin OlsenRCA-25$0$5,750
    Richard PanDCA-5$121,771$17,450
    Henry PereaDCA-31$16,900$7,500
    John PerezDCA-46$148,100$15,700
    Manuel PerezDCA-80$9,100$1,500
    Anthony PortantinoDCA-44$0$0
    Jim SilvaRCA-67$0$0
    Nancy SkinnerDCA-14$53,000$0
    Cameron SmythRCA-38$0$0
    Jose SolorioDCA-69$0$0
    Sandre SwansonDCA-16$0$0
    Norma TorresDCA-61$23,800$2,000
    David ValadaoRCA-30$0$0
    Don WagnerRCA-70$500$6,650
    Bob WieckowskiDCA-20$45,450$1,000
    Das WilliamsDCA-35$85,022$1,000
    Mariko YamadaDCA-8$38,750$0

    Add Data Filters:

    Legislator Filters
    Legislator Filters
    Show All
    NamePartyDistrict$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Vote
    Katcho AchadjianRCA-33$4,250$2,000
    Luis AlejoDCA-28$50,200$0
    Michael AllenDCA-7$157,510$7,800
    Tom AmmianoDCA-13$30,400$0
    Toni AtkinsDCA-76$38,200$4,250
    Jim BeallDCA-24$174,650$1,100
    Bill BerryhillRCA-26$2,120$4,000
    Marty BlockDCA-78$151,050$3,900
    Bob BlumenfieldDCA-40$58,800$5,000
    Susan BonillaDCA-11$36,570$0
    Steven BradfordDCA-51$37,200$3,900
    Julia BrownleyDCA-41$0$0
    Joan BuchananDCA-15$42,050$3,500
    Betsy ButlerDCA-53$113,775$8,050
    Charles CalderonDCA-58$0$0
    Nora CamposDCA-23$35,800$1,000
    Wilmer Amina CarterDCA-62$0$0
    Gilbert CedilloDCA-45$0$0
    Wesley ChesbroDCA-1$20,860$6,000
    Connie ConwayRCA-34$1,600$5,900
    Paul CookRCA-65$0$0
    Mike DavisDCA-48$0$0
    Roger DickinsonDCA-9$58,300$200
    Tim DonnellyRCA-59$300$6,000
    Mike EngDCA-49$0$0
    Mike FeuerDCA-42$0$0
    Nathan FletcherRCA-75$0$0
    Paul FongDCA-22$52,038$7,800
    Felipe FuentesDCA-39$0$0
    Warren FurutaniDCA-55$0$0
    Beth GainesRCA-4$0$13,200
    Cathleen GalgianiDCA-17$156,880$1,000
    Martin GarrickRCA-74$0$0
    Mike GattoDCA-43$61,418$6,900
    Rich GordonDCA-21$22,800$1,000
    Jeff GorellRCA-37$2,300$4,900
    Shannon GroveRCA-32$0$1,500
    Curt HagmanRCA-60$0$6,700
    Linda HaldermanRCA-29$0$0
    Isadore HallDCA-52$19,700$5,200
    Diane HarkeyRCA-73$0$4,100
    Mary HayashiDCA-18$0$0
    Roger HernandezDCA-57$43,550$2,200
    Jerry HillDCA-19$44,750$2,350
    Alyson HuberDCA-10$0$0
    Ben HuesoDCA-79$38,500$2,000
    Jared HuffmanDCA-6$0$0
    Kevin JeffriesRCA-66$0$0
    Brian JonesRCA-77$0$0
    Steve KnightRCA-36$0$0
    Ricardo LaraDCA-50$60,000$500
    Dan LogueRCA-3$300$6,400
    Bonnie LowenthalDCA-54$8,000$2,000
    Fiona MaDCA-12$0$0
    Allan MansoorRCA-68$0$8,800
    Tony MendozaDCA-56$0$0
    Jeff MillerRCA-71$1,200$17,700
    Holly MitchellDCA-47$38,125$4,500
    Bill MonningDCA-27$69,765$4,900
    Mike MorrellRCA-63$6,025$4,050
    Brian NestandeRCA-64$24,400$1,250
    Jim NielsenRCA-2$0$0
    Chris NorbyRCA-72$350$6,434
    Kristin OlsenRCA-25$0$5,750
    Richard PanDCA-5$121,771$17,450
    Henry PereaDCA-31$16,900$7,500
    John PerezDCA-46$148,100$15,700
    Manuel PerezDCA-80$9,100$1,500
    Anthony PortantinoDCA-44$0$0
    Jim SilvaRCA-67$0$0
    Nancy SkinnerDCA-14$53,000$0
    Cameron SmythRCA-38$0$0
    Jose SolorioDCA-69$0$0
    Sandre SwansonDCA-16$0$0
    Norma TorresDCA-61$23,800$2,000
    David ValadaoRCA-30$0$0
    Don WagnerRCA-70$500$6,650
    Bob WieckowskiDCA-20$45,450$1,000
    Das WilliamsDCA-35$85,022$1,000
    Mariko YamadaDCA-8$38,750$0

    Interest Groups that supported this bill

    $ Donated
    State & local government employee unions$1,252,526
    Health worker unions$453,700
    Other unions$359,200
    Labor unions$107,250
    Civil servant/public employee$30,853
    Health care institutions$2,600

    Interest Groups that opposed this bill

    $ Donated
    Hospitals$233,034
    Public official (elected or appointed)$3,500
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