California 2017 2017-2018 Regular Session

California Assembly Bill AB2963 Amended / Bill

Filed 04/11/2018

                    Amended IN  Assembly  April 11, 2018 Amended IN  Assembly  March 22, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2963Introduced by Assembly Member Kalra(Coauthor: Assembly Member Chiu)February 16, 2018 An act to add Section 147.3 to the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTAB 2963, as amended, Kalra. Worker safety: blood lead levels: reporting.Existing law requires the Department of Industrial Relations, by interagency agreement with the State Department of Public Health, to establish a repository of current data on toxic materials and harmful physical agents in use or potentially in use in places of employment in the state. That repository is known as the Hazard Evaluation System and Information Service (HESIS). Existing law requires the HESIS, among other things, to provide information and collect and evaluate data relating to possible hazards to employees resulting from exposure to toxic materials or harmful physical agents. Existing law establishes the Division of Occupational Safety and Health within the Department of Industrial Relations and requires the division to, among other things, monitor, analyze, and propose health and safety standards for workers.This bill would require the State Department of Public Health to report to the Division of Occupational Safety and Health any instance where a workers blood lead level is at or above a certain amount. The bill would further require that the above-described report constitute an allegation of a serious violation and subject the employment or place of employment to an investigation, as provided, by the division, and would require the division to make any remedial actions citations or fines imposed as a result of the investigation publicly available. available on an annual basis.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 147.3 is added to the Labor Code, to read:147.3. (a) As part of the State Department of Public Healths Occupational Lead Poisoning Prevention Program, that department shall report to the Division of Occupational Safety and Health any instance where a workers blood lead level is at or above 25 micrograms per deciliter.(b) When the Division of Occupational Safety and Health receives a report from the State Department of Public Health pursuant to subdivision (a), the report shall constitute an allegation of a serious violation and shall subject the employment or place of employment to the investigation provisions and timelines of subdivision (a) of Section 6309. Upon completion of the investigation, any remedial actions citations and fines imposed by the division shall be made publicly available. available on an annual basis pursuant to subdivision (d) of Section 6309.

 Amended IN  Assembly  April 11, 2018 Amended IN  Assembly  March 22, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2963Introduced by Assembly Member Kalra(Coauthor: Assembly Member Chiu)February 16, 2018 An act to add Section 147.3 to the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTAB 2963, as amended, Kalra. Worker safety: blood lead levels: reporting.Existing law requires the Department of Industrial Relations, by interagency agreement with the State Department of Public Health, to establish a repository of current data on toxic materials and harmful physical agents in use or potentially in use in places of employment in the state. That repository is known as the Hazard Evaluation System and Information Service (HESIS). Existing law requires the HESIS, among other things, to provide information and collect and evaluate data relating to possible hazards to employees resulting from exposure to toxic materials or harmful physical agents. Existing law establishes the Division of Occupational Safety and Health within the Department of Industrial Relations and requires the division to, among other things, monitor, analyze, and propose health and safety standards for workers.This bill would require the State Department of Public Health to report to the Division of Occupational Safety and Health any instance where a workers blood lead level is at or above a certain amount. The bill would further require that the above-described report constitute an allegation of a serious violation and subject the employment or place of employment to an investigation, as provided, by the division, and would require the division to make any remedial actions citations or fines imposed as a result of the investigation publicly available. available on an annual basis.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Amended IN  Assembly  April 11, 2018 Amended IN  Assembly  March 22, 2018

Amended IN  Assembly  April 11, 2018
Amended IN  Assembly  March 22, 2018

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Assembly Bill No. 2963

Introduced by Assembly Member Kalra(Coauthor: Assembly Member Chiu)February 16, 2018

Introduced by Assembly Member Kalra(Coauthor: Assembly Member Chiu)
February 16, 2018

 An act to add Section 147.3 to the Labor Code, relating to employment. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 2963, as amended, Kalra. Worker safety: blood lead levels: reporting.

Existing law requires the Department of Industrial Relations, by interagency agreement with the State Department of Public Health, to establish a repository of current data on toxic materials and harmful physical agents in use or potentially in use in places of employment in the state. That repository is known as the Hazard Evaluation System and Information Service (HESIS). Existing law requires the HESIS, among other things, to provide information and collect and evaluate data relating to possible hazards to employees resulting from exposure to toxic materials or harmful physical agents. Existing law establishes the Division of Occupational Safety and Health within the Department of Industrial Relations and requires the division to, among other things, monitor, analyze, and propose health and safety standards for workers.This bill would require the State Department of Public Health to report to the Division of Occupational Safety and Health any instance where a workers blood lead level is at or above a certain amount. The bill would further require that the above-described report constitute an allegation of a serious violation and subject the employment or place of employment to an investigation, as provided, by the division, and would require the division to make any remedial actions citations or fines imposed as a result of the investigation publicly available. available on an annual basis.

Existing law requires the Department of Industrial Relations, by interagency agreement with the State Department of Public Health, to establish a repository of current data on toxic materials and harmful physical agents in use or potentially in use in places of employment in the state. That repository is known as the Hazard Evaluation System and Information Service (HESIS). Existing law requires the HESIS, among other things, to provide information and collect and evaluate data relating to possible hazards to employees resulting from exposure to toxic materials or harmful physical agents. Existing law establishes the Division of Occupational Safety and Health within the Department of Industrial Relations and requires the division to, among other things, monitor, analyze, and propose health and safety standards for workers.

This bill would require the State Department of Public Health to report to the Division of Occupational Safety and Health any instance where a workers blood lead level is at or above a certain amount. The bill would further require that the above-described report constitute an allegation of a serious violation and subject the employment or place of employment to an investigation, as provided, by the division, and would require the division to make any remedial actions citations or fines imposed as a result of the investigation publicly available. available on an annual basis.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 147.3 is added to the Labor Code, to read:147.3. (a) As part of the State Department of Public Healths Occupational Lead Poisoning Prevention Program, that department shall report to the Division of Occupational Safety and Health any instance where a workers blood lead level is at or above 25 micrograms per deciliter.(b) When the Division of Occupational Safety and Health receives a report from the State Department of Public Health pursuant to subdivision (a), the report shall constitute an allegation of a serious violation and shall subject the employment or place of employment to the investigation provisions and timelines of subdivision (a) of Section 6309. Upon completion of the investigation, any remedial actions citations and fines imposed by the division shall be made publicly available. available on an annual basis pursuant to subdivision (d) of Section 6309.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 147.3 is added to the Labor Code, to read:147.3. (a) As part of the State Department of Public Healths Occupational Lead Poisoning Prevention Program, that department shall report to the Division of Occupational Safety and Health any instance where a workers blood lead level is at or above 25 micrograms per deciliter.(b) When the Division of Occupational Safety and Health receives a report from the State Department of Public Health pursuant to subdivision (a), the report shall constitute an allegation of a serious violation and shall subject the employment or place of employment to the investigation provisions and timelines of subdivision (a) of Section 6309. Upon completion of the investigation, any remedial actions citations and fines imposed by the division shall be made publicly available. available on an annual basis pursuant to subdivision (d) of Section 6309.

SECTION 1. Section 147.3 is added to the Labor Code, to read:

### SECTION 1.

147.3. (a) As part of the State Department of Public Healths Occupational Lead Poisoning Prevention Program, that department shall report to the Division of Occupational Safety and Health any instance where a workers blood lead level is at or above 25 micrograms per deciliter.(b) When the Division of Occupational Safety and Health receives a report from the State Department of Public Health pursuant to subdivision (a), the report shall constitute an allegation of a serious violation and shall subject the employment or place of employment to the investigation provisions and timelines of subdivision (a) of Section 6309. Upon completion of the investigation, any remedial actions citations and fines imposed by the division shall be made publicly available. available on an annual basis pursuant to subdivision (d) of Section 6309.

147.3. (a) As part of the State Department of Public Healths Occupational Lead Poisoning Prevention Program, that department shall report to the Division of Occupational Safety and Health any instance where a workers blood lead level is at or above 25 micrograms per deciliter.(b) When the Division of Occupational Safety and Health receives a report from the State Department of Public Health pursuant to subdivision (a), the report shall constitute an allegation of a serious violation and shall subject the employment or place of employment to the investigation provisions and timelines of subdivision (a) of Section 6309. Upon completion of the investigation, any remedial actions citations and fines imposed by the division shall be made publicly available. available on an annual basis pursuant to subdivision (d) of Section 6309.

147.3. (a) As part of the State Department of Public Healths Occupational Lead Poisoning Prevention Program, that department shall report to the Division of Occupational Safety and Health any instance where a workers blood lead level is at or above 25 micrograms per deciliter.(b) When the Division of Occupational Safety and Health receives a report from the State Department of Public Health pursuant to subdivision (a), the report shall constitute an allegation of a serious violation and shall subject the employment or place of employment to the investigation provisions and timelines of subdivision (a) of Section 6309. Upon completion of the investigation, any remedial actions citations and fines imposed by the division shall be made publicly available. available on an annual basis pursuant to subdivision (d) of Section 6309.



147.3. (a) As part of the State Department of Public Healths Occupational Lead Poisoning Prevention Program, that department shall report to the Division of Occupational Safety and Health any instance where a workers blood lead level is at or above 25 micrograms per deciliter.

(b) When the Division of Occupational Safety and Health receives a report from the State Department of Public Health pursuant to subdivision (a), the report shall constitute an allegation of a serious violation and shall subject the employment or place of employment to the investigation provisions and timelines of subdivision (a) of Section 6309. Upon completion of the investigation, any remedial actions citations and fines imposed by the division shall be made publicly available. available on an annual basis pursuant to subdivision (d) of Section 6309.