BILL NUMBER: SB 857AMENDED BILL TEXT AMENDED IN SENATE MARCH 24, 2011 INTRODUCED BY Senator Lieu FEBRUARY 18, 2011 An act to amend Section 7104 of the Labor Code, relating to workplace safety. 1393.5 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGEST SB 857, as amended, Lieu. Workplace safety: floor support Employment of minors: agricultural packing plants . Existing law prescribes limits on the hours of employment of minors, but authorizes the Labor Commissioner to grant an exemption to employers operating agricultural packing plants for employment of minors 16 and 17 years of age for up to 10 hours on days when school is not in session, during the peak harvest season. Under existing law, which will be repealed January 1, 2012, that exemption may additionally authorize employment of a minor who is enrolled in a school in Lake County to be employed for more than 48, but not more than 60, hours a week upon prior written approval by the Lake County Board of Education. Existing law requires the Labor Commissioner to report annually to the Legislature regarding the working conditions of minors employed in the agricultural packing industry. This bill would extend the operation of the Lake County exemption and the requirement that the Labor Commissioner report annually until January 1, 2014. Existing law specifies requirements to support temporary flooring, if the span of floor exceeds 13 feet on a multifloor building, other than a structural steel framed building, more than 2 stories high in the course of construction. This bill would make a nonsubstantive change to those provisions. Vote: majority. Appropriation: no. Fiscal committee: no yes . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1393.5 of the Labor Code is amended to read: 1393.5. (a) Notwithstanding any other provision of this article or Article 2 (commencing with Section 49110) of Chapter 7 of Part 27 of Division 4 of Title 2 of the Education Code, an exemption issued pursuant to Section 1393 may authorize the employment during the peak harvest season of a minor, 16 or 17 years of age who resides in Lake County, during any day in which school is not in session for up to 10 hours per day and more than 48 hours but not more than 60 hours in any one week, only upon the prior written approval of the Lake County Office of Education. (b) Each year, the Labor Commissioner, prior to issuing or renewing an exemption under this section, shall inspect the affected agricultural packing plant. (c) As a condition of receiving an exemption or a renewal of an exemption under this section, an affected employer shall, on or before March 1 of each year, file a written report to the Labor Commissioner that contains the following employment information regarding the employer's prior year's payroll: (1) The number of minors employed by that employer. (2) A list of the age and hours worked on a weekly basis of each minor employed. (d) Notwithstanding Chapter 24 (commencing with Section 7550) of Division 7 of Title 1 of the Government Code, the Labor Commissioner shall submit a written report to the Legislature, on or before March 1 of each year, that describes the general working conditions of minors employed in the agricultural packing industry during the past year, and that includes all of the following information: (1) The number of minors employed in the agricultural packing industry. (2) The number of exemptions issued, renewed, or denied pursuant to this section. (3) A summary of the inspections conducted by the Labor Commissioner pursuant to this section. (4) The number of workplace injuries that occurred to minors at agricultural packing plants. (5) The number of violations of labor laws and regulations that occurred at agricultural packing plants. (e) This section shall remain in effect only until January 1, 2012 January 1, 2014 , and as of that date is repealed. SECTION 1. Section 7104 of the Labor Code is amended to read: 7104. If a span of a floor on a building exceeds 13 feet, an intermediate beam shall be used to support the temporary flooring, but spans not to exceed 16 feet may be covered by three-inch planks without an intermediate beam. The intermediate beam shall be of sufficient strength to sustain a live load of 50 pounds per square foot of the area supported.