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

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

Introduced	2/18/2011
Referred to Committee
Passed Assembly Committee on Labor and Employment	5/04/2011
Passed Assembly	6/02/2011
Passed Senate Committee on Labor and Industrial Relations	6/22/2011
Passed Senate Committee on Appropriations	7/11/2011
Passed Senate Committee on Appropriations	8/25/2011
Passed Senate	9/06/2011
Passed Assembly	9/08/2011
Presented to the governor (enrolled)	9/21/2011
Became law (chaptered).	10/07/2011

Bill History

• All Votes
• All Actions

	Chamber/Committee	Motion	Date	Result
select this vote	Assembly Committee on Labor and Employment	Do pass.	5/04/2011	This motion PASSED the Assembly Committee on Labor and Employment 5 voted YES 1 voted NO 1 voted present/not voting
select this vote	Assembly	AB 1136 SWANSON Assembly Third Reading	6/02/2011	This bill PASSED the Assembly 50 voted YES 27 voted NO 3 voted present/not voting
select this vote	Senate Committee on Labor and Industrial Relations	Do pass, but re-refer to the Committee on Appropriations.	6/22/2011	This motion PASSED the Senate Committee on Labor and Industrial Relations 5 voted YES 1 voted NO 1 voted present/not voting
select this vote	Senate Committee on Appropriations	Placed on Appropriations Suspense file.	7/11/2011	This motion PASSED the Senate Committee on Appropriations 9 voted YES 0 voted NO 0 voted present/not voting
select this vote	Senate Committee on Appropriations	Do pass.	8/25/2011	This motion PASSED the Senate Committee on Appropriations 6 voted YES 3 voted NO 0 voted present/not voting
select this vote	Senate	Assembly 3rd Reading AB1136 Swanson By DeSaulnier	9/06/2011	This bill PASSED the Senate 21 voted YES 18 voted NO 1 voted present/not voting
currently selected	Assembly	AB 1136 SWANSON Concurrence in Senate Amendments	9/08/2011	This bill PASSED the Assembly 53 voted YES 26 voted NO 1 voted present/not voting

	Action	Date	Description
	Introduced	2/18/2011
		2/18/2011	Read first time. To print.
		2/20/2011	From printer. May be heard in committee March 22.
		3/17/2011	Referred to Com. on L. & E.
		4/06/2011	From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.
		4/07/2011	Re-referred to Com. on L. & E.
		4/26/2011	From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.
		4/27/2011	Re-referred to Com. on L. & E.
select this vote	Vote	5/04/2011	Do pass.
		5/05/2011	From committee: Do pass. (Ayes 5. Noes 1.) (May 4).
		5/09/2011	Read second time. Ordered to third reading.
		5/31/2011	Read third time and amended. Ordered to third reading. (Page 1632.)
		6/02/2011	Read third time. Passed. Ordered to the Senate. (Ayes 50. Noes 27. Page 1821.)
		6/02/2011	In Senate. Read first time. To Com. on RLS. for assignment.
select this vote	Assembly Vote on Passage	6/02/2011	AB 1136 SWANSON Assembly Third Reading
		6/16/2011	Referred to Coms. on L. & I.R. and APPR.
		6/20/2011	From 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 vote	Vote	6/22/2011	Do pass, but re-refer to the Committee on Appropriations.
		6/23/2011	From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (June 22). Re-referred to Com. on APPR.
		7/05/2011	From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
		7/11/2011	In committee: Placed on APPR. suspense file.
select this vote	Vote	7/11/2011	Placed on Appropriations Suspense file.
		8/15/2011	From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
		8/25/2011	From committee: Do pass. (Ayes 6. Noes 3.) (August 25).
select this vote	Vote	8/25/2011	Do pass.
		8/29/2011	Read second time. Ordered to third reading.
		9/06/2011	Read third time. Passed. Ordered to the Assembly. (Ayes 21. Noes 18. Page 2315.).
select this vote	Senate Vote on Passage	9/06/2011	Assembly 3rd Reading AB1136 Swanson By DeSaulnier
		9/07/2011	In Assembly. Concurrence in Senate amendments pending.
		9/08/2011	Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 53. Noes 26. Page 3051.).
currently selected	Assembly Vote on Passage	9/08/2011	AB 1136 SWANSON Concurrence in Senate Amendments
		9/21/2011	Enrolled and presented to the Governor at 3:30 p.m.
		10/07/2011	Approved by the Governor.
		10/07/2011	Chaptered by Secretary of State - Chapter 554, Statutes of 2011.