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| 1 | + | Amended IN Assembly April 05, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 708Introduced by Assembly Member Quirk-SilvaFebruary 15, 2017 An act to amend Section 6409.2 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTAB 708, as amended, Quirk-Silva. Occupational safety and health. health: accidents: responding agency notifications.The California Occupational Safety and Health Act of 1973 requires a state, county, or local fire or police agency that is called to an accident involving an employee covered by the act in which a serious injury or illness, or death occurs to immediately notify the nearest office of the Division of Occupational Safety and Health by telephone. Existing law authorizes the assessment of a civil penalty against an employer or physician if a pattern or practice of violations or a willful violation of these or other specified provisions is found, as specified.This bill would discontinue the requirement that the notification be made by telephone. revise that immediate notification requirement to apply to accidents in which death or loss of limb occurs and would instead require a responding agency called to an accident in which a serious injury or illness, other than death or loss of limb, occurs, to notify the nearest office of the division by telephone or electronic means within 24 hours. If a responding agency fails to notify the division of an accident, the bill would require the division to allow the agency to file an amended notification and would prohibit the citing or assessment of fines against an agency that files an amended notification, as specified.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 6409.2 of the Labor Code is amended to read:6409.2. (a) Whenever a state, county, or local fire or police agency is called to an accident involving an employee covered by this part in which a serious injury or illness, or death or loss of limb occurs, the responding agency shall immediately notify the nearest office of the Division of Occupational Safety and Health. Thereafter, division by the telephone.(b) Whenever a state, county, or local fire or police agency is called to an accident in which a serious injury or illness, other than death or loss of limb, occurs, the responding agency shall notify the nearest office of the division by telephone or electronic means, including, but not limited to, email, within 24 hours.(c) After receiving a report pursuant to this section, the division shall immediately notify the appropriate prosecuting authority of the accident.(d) If a state, county, or local fire or police agency fails to notify the division of an accident pursuant to subdivision (a) or (b), the division shall give notice to the state, county, or local fire or police agency and allow that agency to file an amended notification with the division. If the state, county, or local fire or police agency files an amended notification, the state, county, or local fire or police agency shall not be cited or assessed any fines for a violation of this section. | |
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| 3 | + | Amended IN Assembly April 05, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 708Introduced by Assembly Member Quirk-SilvaFebruary 15, 2017 An act to amend Section 6409.2 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTAB 708, as amended, Quirk-Silva. Occupational safety and health. health: accidents: responding agency notifications.The California Occupational Safety and Health Act of 1973 requires a state, county, or local fire or police agency that is called to an accident involving an employee covered by the act in which a serious injury or illness, or death occurs to immediately notify the nearest office of the Division of Occupational Safety and Health by telephone. Existing law authorizes the assessment of a civil penalty against an employer or physician if a pattern or practice of violations or a willful violation of these or other specified provisions is found, as specified.This bill would discontinue the requirement that the notification be made by telephone. revise that immediate notification requirement to apply to accidents in which death or loss of limb occurs and would instead require a responding agency called to an accident in which a serious injury or illness, other than death or loss of limb, occurs, to notify the nearest office of the division by telephone or electronic means within 24 hours. If a responding agency fails to notify the division of an accident, the bill would require the division to allow the agency to file an amended notification and would prohibit the citing or assessment of fines against an agency that files an amended notification, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly April 05, 2017 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly May 02, 2017 | |
| 8 | 7 | Amended IN Assembly April 05, 2017 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill No. 708 | |
| 13 | 12 | ||
| 14 | 13 | Introduced by Assembly Member Quirk-SilvaFebruary 15, 2017 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Assembly Member Quirk-Silva | |
| 17 | 16 | February 15, 2017 | |
| 18 | 17 | ||
| 19 | 18 | An act to amend Section 6409.2 of the Labor Code, relating to employment. | |
| 20 | 19 | ||
| 21 | 20 | LEGISLATIVE COUNSEL'S DIGEST | |
| 22 | 21 | ||
| 23 | 22 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | - | AB 708, as amended, Quirk-Silva. Occupational safety and health: accidents: responding agency notifications. | |
| 24 | + | AB 708, as amended, Quirk-Silva. Occupational safety and health. health: accidents: responding agency notifications. | |
| 26 | 25 | ||
| 27 | - | The California Occupational Safety and Health Act of 1973 requires a state, county, or local fire or police agency that is called to an accident involving an employee covered by the act in which a serious injury or illness, or death occurs to immediately notify the nearest office of the Division of Occupational Safety and Health by telephone. Existing law authorizes the assessment of a civil penalty against an employer or physician if a pattern or practice of violations or a willful violation of these or other specified provisions is found, as specified.This bill would revise that immediate notification requirement to apply to accidents in which death or loss of limb occurs and would instead require a responding agency called to an accident in which a serious injury or illness, other than death or loss of limb, occurs, to notify the nearest office of the division by telephone or electronic means within 24 hours. If a responding agency fails to notify the division of an accident, the bill would require the division to allow the agency to file an amended notification and would prohibit the citing or assessment of fines against an agency that files an amended notification, as specified. | |
| 26 | + | The California Occupational Safety and Health Act of 1973 requires a state, county, or local fire or police agency that is called to an accident involving an employee covered by the act in which a serious injury or illness, or death occurs to immediately notify the nearest office of the Division of Occupational Safety and Health by telephone. Existing law authorizes the assessment of a civil penalty against an employer or physician if a pattern or practice of violations or a willful violation of these or other specified provisions is found, as specified.This bill would discontinue the requirement that the notification be made by telephone. revise that immediate notification requirement to apply to accidents in which death or loss of limb occurs and would instead require a responding agency called to an accident in which a serious injury or illness, other than death or loss of limb, occurs, to notify the nearest office of the division by telephone or electronic means within 24 hours. If a responding agency fails to notify the division of an accident, the bill would require the division to allow the agency to file an amended notification and would prohibit the citing or assessment of fines against an agency that files an amended notification, as specified. | |
| 28 | 27 | ||
| 29 | 28 | The California Occupational Safety and Health Act of 1973 requires a state, county, or local fire or police agency that is called to an accident involving an employee covered by the act in which a serious injury or illness, or death occurs to immediately notify the nearest office of the Division of Occupational Safety and Health by telephone. Existing law authorizes the assessment of a civil penalty against an employer or physician if a pattern or practice of violations or a willful violation of these or other specified provisions is found, as specified. | |
| 30 | 29 | ||
| 31 | - | This bill would revise that immediate notification requirement to apply to accidents in which death or loss of limb occurs and would instead require a responding agency called to an accident in which a serious injury or illness, other than death or loss of limb, occurs, to notify the nearest office of the division by telephone or electronic means within 24 hours. If a responding agency fails to notify the division of an accident, the bill would require the division to allow the agency to file an amended notification and would prohibit the citing or assessment of fines against an agency that files an amended notification, as specified. | |
| 30 | + | This bill would discontinue the requirement that the notification be made by telephone. revise that immediate notification requirement to apply to accidents in which death or loss of limb occurs and would instead require a responding agency called to an accident in which a serious injury or illness, other than death or loss of limb, occurs, to notify the nearest office of the division by telephone or electronic means within 24 hours. If a responding agency fails to notify the division of an accident, the bill would require the division to allow the agency to file an amended notification and would prohibit the citing or assessment of fines against an agency that files an amended notification, as specified. | |
| 32 | 31 | ||
| 33 | 32 | ## Digest Key | |
| 34 | 33 | ||
| 35 | 34 | ## Bill Text | |
| 36 | 35 | ||
| 37 | - | The people of the State of California do enact as follows:SECTION 1. Section 6409.2 of the Labor Code is amended to read:6409.2. (a) Whenever a state, county, or local fire or police agency is called to an accident involving an employee covered by this part in which death or loss of limb occurs, the responding agency shall immediately notify the nearest office of the division by the telephone.(b) Whenever a state, county, or local fire or police agency is called to an accident in which a serious injury or illness, other than death or loss of limb, occurs, the responding agency shall notify the nearest office of the division by telephone or electronic means, including, but not limited to, email, within 24 hours.(c) After receiving a report pursuant to this section, the division shall immediately notify the appropriate prosecuting authority of the accident.(d)If a state, county, or local fire or police agency fails to notify the division of an accident pursuant to subdivision (a) or (b), the division shall give notice to the state, county, or local fire or police agency and allow that agency to file an amended notification with the division. If the state, county, or local fire or police agency files an amended notification, the state, county, or local fire or police agency shall not be cited or assessed any fines for a violation of this section. | |
| 36 | + | The people of the State of California do enact as follows:SECTION 1. Section 6409.2 of the Labor Code is amended to read:6409.2. (a) Whenever a state, county, or local fire or police agency is called to an accident involving an employee covered by this part in which a serious injury or illness, or death or loss of limb occurs, the responding agency shall immediately notify the nearest office of the Division of Occupational Safety and Health. Thereafter, division by the telephone.(b) Whenever a state, county, or local fire or police agency is called to an accident in which a serious injury or illness, other than death or loss of limb, occurs, the responding agency shall notify the nearest office of the division by telephone or electronic means, including, but not limited to, email, within 24 hours.(c) After receiving a report pursuant to this section, the division shall immediately notify the appropriate prosecuting authority of the accident.(d) If a state, county, or local fire or police agency fails to notify the division of an accident pursuant to subdivision (a) or (b), the division shall give notice to the state, county, or local fire or police agency and allow that agency to file an amended notification with the division. If the state, county, or local fire or police agency files an amended notification, the state, county, or local fire or police agency shall not be cited or assessed any fines for a violation of this section. | |
| 38 | 37 | ||
| 39 | 38 | The people of the State of California do enact as follows: | |
| 40 | 39 | ||
| 41 | 40 | ## The people of the State of California do enact as follows: | |
| 42 | 41 | ||
| 43 | - | SECTION 1. Section 6409.2 of the Labor Code is amended to read:6409.2. (a) Whenever a state, county, or local fire or police agency is called to an accident involving an employee covered by this part in which death or loss of limb occurs, the responding agency shall immediately notify the nearest office of the division by the telephone.(b) Whenever a state, county, or local fire or police agency is called to an accident in which a serious injury or illness, other than death or loss of limb, occurs, the responding agency shall notify the nearest office of the division by telephone or electronic means, including, but not limited to, email, within 24 hours.(c) After receiving a report pursuant to this section, the division shall immediately notify the appropriate prosecuting authority of the accident.(d)If a state, county, or local fire or police agency fails to notify the division of an accident pursuant to subdivision (a) or (b), the division shall give notice to the state, county, or local fire or police agency and allow that agency to file an amended notification with the division. If the state, county, or local fire or police agency files an amended notification, the state, county, or local fire or police agency shall not be cited or assessed any fines for a violation of this section. | |
| 42 | + | SECTION 1. Section 6409.2 of the Labor Code is amended to read:6409.2. (a) Whenever a state, county, or local fire or police agency is called to an accident involving an employee covered by this part in which a serious injury or illness, or death or loss of limb occurs, the responding agency shall immediately notify the nearest office of the Division of Occupational Safety and Health. Thereafter, division by the telephone.(b) Whenever a state, county, or local fire or police agency is called to an accident in which a serious injury or illness, other than death or loss of limb, occurs, the responding agency shall notify the nearest office of the division by telephone or electronic means, including, but not limited to, email, within 24 hours.(c) After receiving a report pursuant to this section, the division shall immediately notify the appropriate prosecuting authority of the accident.(d) If a state, county, or local fire or police agency fails to notify the division of an accident pursuant to subdivision (a) or (b), the division shall give notice to the state, county, or local fire or police agency and allow that agency to file an amended notification with the division. If the state, county, or local fire or police agency files an amended notification, the state, county, or local fire or police agency shall not be cited or assessed any fines for a violation of this section. | |
| 44 | 43 | ||
| 45 | 44 | SECTION 1. Section 6409.2 of the Labor Code is amended to read: | |
| 46 | 45 | ||
| 47 | 46 | ### SECTION 1. | |
| 48 | 47 | ||
| 49 | - | 6409.2. (a) Whenever a state, county, or local fire or police agency is called to an accident involving an employee covered by this part in which death or loss of limb occurs, the responding agency shall immediately notify the nearest office of the division by the telephone.(b) Whenever a state, county, or local fire or police agency is called to an accident in which a serious injury or illness, other than death or loss of limb, occurs, the responding agency shall notify the nearest office of the division by telephone or electronic means, including, but not limited to, email, within 24 hours.(c) After receiving a report pursuant to this section, the division shall immediately notify the appropriate prosecuting authority of the accident.(d)If a state, county, or local fire or police agency fails to notify the division of an accident pursuant to subdivision (a) or (b), the division shall give notice to the state, county, or local fire or police agency and allow that agency to file an amended notification with the division. If the state, county, or local fire or police agency files an amended notification, the state, county, or local fire or police agency shall not be cited or assessed any fines for a violation of this section. | |
| 48 | + | 6409.2. (a) Whenever a state, county, or local fire or police agency is called to an accident involving an employee covered by this part in which a serious injury or illness, or death or loss of limb occurs, the responding agency shall immediately notify the nearest office of the Division of Occupational Safety and Health. Thereafter, division by the telephone.(b) Whenever a state, county, or local fire or police agency is called to an accident in which a serious injury or illness, other than death or loss of limb, occurs, the responding agency shall notify the nearest office of the division by telephone or electronic means, including, but not limited to, email, within 24 hours.(c) After receiving a report pursuant to this section, the division shall immediately notify the appropriate prosecuting authority of the accident.(d) If a state, county, or local fire or police agency fails to notify the division of an accident pursuant to subdivision (a) or (b), the division shall give notice to the state, county, or local fire or police agency and allow that agency to file an amended notification with the division. If the state, county, or local fire or police agency files an amended notification, the state, county, or local fire or police agency shall not be cited or assessed any fines for a violation of this section. | |
| 50 | 49 | ||
| 51 | - | 6409.2. (a) Whenever a state, county, or local fire or police agency is called to an accident involving an employee covered by this part in which death or loss of limb occurs, the responding agency shall immediately notify the nearest office of the division by the telephone.(b) Whenever a state, county, or local fire or police agency is called to an accident in which a serious injury or illness, other than death or loss of limb, occurs, the responding agency shall notify the nearest office of the division by telephone or electronic means, including, but not limited to, email, within 24 hours.(c) After receiving a report pursuant to this section, the division shall immediately notify the appropriate prosecuting authority of the accident.(d)If a state, county, or local fire or police agency fails to notify the division of an accident pursuant to subdivision (a) or (b), the division shall give notice to the state, county, or local fire or police agency and allow that agency to file an amended notification with the division. If the state, county, or local fire or police agency files an amended notification, the state, county, or local fire or police agency shall not be cited or assessed any fines for a violation of this section. | |
| 50 | + | 6409.2. (a) Whenever a state, county, or local fire or police agency is called to an accident involving an employee covered by this part in which a serious injury or illness, or death or loss of limb occurs, the responding agency shall immediately notify the nearest office of the Division of Occupational Safety and Health. Thereafter, division by the telephone.(b) Whenever a state, county, or local fire or police agency is called to an accident in which a serious injury or illness, other than death or loss of limb, occurs, the responding agency shall notify the nearest office of the division by telephone or electronic means, including, but not limited to, email, within 24 hours.(c) After receiving a report pursuant to this section, the division shall immediately notify the appropriate prosecuting authority of the accident.(d) If a state, county, or local fire or police agency fails to notify the division of an accident pursuant to subdivision (a) or (b), the division shall give notice to the state, county, or local fire or police agency and allow that agency to file an amended notification with the division. If the state, county, or local fire or police agency files an amended notification, the state, county, or local fire or police agency shall not be cited or assessed any fines for a violation of this section. | |
| 52 | 51 | ||
| 53 | - | 6409.2. (a) Whenever a state, county, or local fire or police agency is called to an accident involving an employee covered by this part in which death or loss of limb occurs, the responding agency shall immediately notify the nearest office of the division by the telephone.(b) Whenever a state, county, or local fire or police agency is called to an accident in which a serious injury or illness, other than death or loss of limb, occurs, the responding agency shall notify the nearest office of the division by telephone or electronic means, including, but not limited to, email, within 24 hours.(c) After receiving a report pursuant to this section, the division shall immediately notify the appropriate prosecuting authority of the accident.(d)If a state, county, or local fire or police agency fails to notify the division of an accident pursuant to subdivision (a) or (b), the division shall give notice to the state, county, or local fire or police agency and allow that agency to file an amended notification with the division. If the state, county, or local fire or police agency files an amended notification, the state, county, or local fire or police agency shall not be cited or assessed any fines for a violation of this section. | |
| 52 | + | 6409.2. (a) Whenever a state, county, or local fire or police agency is called to an accident involving an employee covered by this part in which a serious injury or illness, or death or loss of limb occurs, the responding agency shall immediately notify the nearest office of the Division of Occupational Safety and Health. Thereafter, division by the telephone.(b) Whenever a state, county, or local fire or police agency is called to an accident in which a serious injury or illness, other than death or loss of limb, occurs, the responding agency shall notify the nearest office of the division by telephone or electronic means, including, but not limited to, email, within 24 hours.(c) After receiving a report pursuant to this section, the division shall immediately notify the appropriate prosecuting authority of the accident.(d) If a state, county, or local fire or police agency fails to notify the division of an accident pursuant to subdivision (a) or (b), the division shall give notice to the state, county, or local fire or police agency and allow that agency to file an amended notification with the division. If the state, county, or local fire or police agency files an amended notification, the state, county, or local fire or police agency shall not be cited or assessed any fines for a violation of this section. | |
| 54 | 53 | ||
| 55 | 54 | ||
| 56 | 55 | ||
| 57 | - | 6409.2. (a) Whenever a state, county, or local fire or police agency is called to an accident involving an employee covered by this part in which death or loss of limb occurs, the responding agency shall immediately notify the nearest office of the division by the telephone. | |
| 56 | + | 6409.2. (a) Whenever a state, county, or local fire or police agency is called to an accident involving an employee covered by this part in which a serious injury or illness, or death or loss of limb occurs, the responding agency shall immediately notify the nearest office of the Division of Occupational Safety and Health. Thereafter, division by the telephone. | |
| 58 | 57 | ||
| 59 | 58 | (b) Whenever a state, county, or local fire or police agency is called to an accident in which a serious injury or illness, other than death or loss of limb, occurs, the responding agency shall notify the nearest office of the division by telephone or electronic means, including, but not limited to, email, within 24 hours. | |
| 60 | 59 | ||
| 61 | 60 | (c) After receiving a report pursuant to this section, the division shall immediately notify the appropriate prosecuting authority of the accident. | |
| 62 | 61 | ||
| 63 | 62 | (d) If a state, county, or local fire or police agency fails to notify the division of an accident pursuant to subdivision (a) or (b), the division shall give notice to the state, county, or local fire or police agency and allow that agency to file an amended notification with the division. If the state, county, or local fire or police agency files an amended notification, the state, county, or local fire or police agency shall not be cited or assessed any fines for a violation of this section. |