CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 1103Introduced by Senator HurtadoFebruary 19, 2020 An act to amend Section 9060 of the Labor Code, relating to occupational safety. LEGISLATIVE COUNSEL'S DIGESTSB 1103, as introduced, Hurtado. Occupational safety: carcinogens: civil penalties.Existing law, the Occupational Carcinogens Control Act of 1976, defines carcinogens, and requires the Occupational Safety and Health Standards Board to adopt standards for carcinogens pursuant to specified standards. Existing law prescribes civil penalties applicable to violations of standards and special orders regulating the use of carcinogens, including a civil penalty for repeated serious violations of not less than $10,000.This bill would change the civil penalty for a repeated serious violation of standards and special orders regulating the use of carcinogens to not less than $15,000.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 9060 of the Labor Code is amended to read:9060. The civil penalties prescribed by Chapter 4 (commencing with Section 6423) of Part 1 shall be applicable to violations of standards and special orders regulating the use of carcinogens, except as modified by the following:(a) A civil penalty assessed against an employer because of failure to report, as required by standards specified in Section 9030, shall be not less than five hundred dollars ($500).(b) A civil penalty assessed pursuant to Section 6429 for repeated violations of standards or special orders specified in subdivision (a) shall be not less than five thousand dollars ($5,000).(c) A civil penalty assessed pursuant to Section 6429 for repeated serious violations shall be not less than ten fifteen thousand dollars ($10,000). ($15,000).The maximum limitations on civil penalties specified in Chapter 4 (commencing with Section 6423) of Part 1 shall be applicable to civil penalties for which the minimum amount is prescribed by subdivision (a), (b), or (c). Nothing in this section shall supersede any provision of law prescribing criminal offenses or penalties.
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 1103Introduced by Senator HurtadoFebruary 19, 2020 An act to amend Section 9060 of the Labor Code, relating to occupational safety. LEGISLATIVE COUNSEL'S DIGESTSB 1103, as introduced, Hurtado. Occupational safety: carcinogens: civil penalties.Existing law, the Occupational Carcinogens Control Act of 1976, defines carcinogens, and requires the Occupational Safety and Health Standards Board to adopt standards for carcinogens pursuant to specified standards. Existing law prescribes civil penalties applicable to violations of standards and special orders regulating the use of carcinogens, including a civil penalty for repeated serious violations of not less than $10,000.This bill would change the civil penalty for a repeated serious violation of standards and special orders regulating the use of carcinogens to not less than $15,000.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Senate Bill
No. 1103
Introduced by Senator HurtadoFebruary 19, 2020
Introduced by Senator Hurtado
February 19, 2020
An act to amend Section 9060 of the Labor Code, relating to occupational safety.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1103, as introduced, Hurtado. Occupational safety: carcinogens: civil penalties.
Existing law, the Occupational Carcinogens Control Act of 1976, defines carcinogens, and requires the Occupational Safety and Health Standards Board to adopt standards for carcinogens pursuant to specified standards. Existing law prescribes civil penalties applicable to violations of standards and special orders regulating the use of carcinogens, including a civil penalty for repeated serious violations of not less than $10,000.This bill would change the civil penalty for a repeated serious violation of standards and special orders regulating the use of carcinogens to not less than $15,000.
Existing law, the Occupational Carcinogens Control Act of 1976, defines carcinogens, and requires the Occupational Safety and Health Standards Board to adopt standards for carcinogens pursuant to specified standards. Existing law prescribes civil penalties applicable to violations of standards and special orders regulating the use of carcinogens, including a civil penalty for repeated serious violations of not less than $10,000.
This bill would change the civil penalty for a repeated serious violation of standards and special orders regulating the use of carcinogens to not less than $15,000.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 9060 of the Labor Code is amended to read:9060. The civil penalties prescribed by Chapter 4 (commencing with Section 6423) of Part 1 shall be applicable to violations of standards and special orders regulating the use of carcinogens, except as modified by the following:(a) A civil penalty assessed against an employer because of failure to report, as required by standards specified in Section 9030, shall be not less than five hundred dollars ($500).(b) A civil penalty assessed pursuant to Section 6429 for repeated violations of standards or special orders specified in subdivision (a) shall be not less than five thousand dollars ($5,000).(c) A civil penalty assessed pursuant to Section 6429 for repeated serious violations shall be not less than ten fifteen thousand dollars ($10,000). ($15,000).The maximum limitations on civil penalties specified in Chapter 4 (commencing with Section 6423) of Part 1 shall be applicable to civil penalties for which the minimum amount is prescribed by subdivision (a), (b), or (c). Nothing in this section shall supersede any provision of law prescribing criminal offenses or penalties.
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 9060 of the Labor Code is amended to read:9060. The civil penalties prescribed by Chapter 4 (commencing with Section 6423) of Part 1 shall be applicable to violations of standards and special orders regulating the use of carcinogens, except as modified by the following:(a) A civil penalty assessed against an employer because of failure to report, as required by standards specified in Section 9030, shall be not less than five hundred dollars ($500).(b) A civil penalty assessed pursuant to Section 6429 for repeated violations of standards or special orders specified in subdivision (a) shall be not less than five thousand dollars ($5,000).(c) A civil penalty assessed pursuant to Section 6429 for repeated serious violations shall be not less than ten fifteen thousand dollars ($10,000). ($15,000).The maximum limitations on civil penalties specified in Chapter 4 (commencing with Section 6423) of Part 1 shall be applicable to civil penalties for which the minimum amount is prescribed by subdivision (a), (b), or (c). Nothing in this section shall supersede any provision of law prescribing criminal offenses or penalties.
SECTION 1. Section 9060 of the Labor Code is amended to read:
### SECTION 1.
9060. The civil penalties prescribed by Chapter 4 (commencing with Section 6423) of Part 1 shall be applicable to violations of standards and special orders regulating the use of carcinogens, except as modified by the following:(a) A civil penalty assessed against an employer because of failure to report, as required by standards specified in Section 9030, shall be not less than five hundred dollars ($500).(b) A civil penalty assessed pursuant to Section 6429 for repeated violations of standards or special orders specified in subdivision (a) shall be not less than five thousand dollars ($5,000).(c) A civil penalty assessed pursuant to Section 6429 for repeated serious violations shall be not less than ten fifteen thousand dollars ($10,000). ($15,000).The maximum limitations on civil penalties specified in Chapter 4 (commencing with Section 6423) of Part 1 shall be applicable to civil penalties for which the minimum amount is prescribed by subdivision (a), (b), or (c). Nothing in this section shall supersede any provision of law prescribing criminal offenses or penalties.
9060. The civil penalties prescribed by Chapter 4 (commencing with Section 6423) of Part 1 shall be applicable to violations of standards and special orders regulating the use of carcinogens, except as modified by the following:(a) A civil penalty assessed against an employer because of failure to report, as required by standards specified in Section 9030, shall be not less than five hundred dollars ($500).(b) A civil penalty assessed pursuant to Section 6429 for repeated violations of standards or special orders specified in subdivision (a) shall be not less than five thousand dollars ($5,000).(c) A civil penalty assessed pursuant to Section 6429 for repeated serious violations shall be not less than ten fifteen thousand dollars ($10,000). ($15,000).The maximum limitations on civil penalties specified in Chapter 4 (commencing with Section 6423) of Part 1 shall be applicable to civil penalties for which the minimum amount is prescribed by subdivision (a), (b), or (c). Nothing in this section shall supersede any provision of law prescribing criminal offenses or penalties.
9060. The civil penalties prescribed by Chapter 4 (commencing with Section 6423) of Part 1 shall be applicable to violations of standards and special orders regulating the use of carcinogens, except as modified by the following:(a) A civil penalty assessed against an employer because of failure to report, as required by standards specified in Section 9030, shall be not less than five hundred dollars ($500).(b) A civil penalty assessed pursuant to Section 6429 for repeated violations of standards or special orders specified in subdivision (a) shall be not less than five thousand dollars ($5,000).(c) A civil penalty assessed pursuant to Section 6429 for repeated serious violations shall be not less than ten fifteen thousand dollars ($10,000). ($15,000).The maximum limitations on civil penalties specified in Chapter 4 (commencing with Section 6423) of Part 1 shall be applicable to civil penalties for which the minimum amount is prescribed by subdivision (a), (b), or (c). Nothing in this section shall supersede any provision of law prescribing criminal offenses or penalties.
9060. The civil penalties prescribed by Chapter 4 (commencing with Section 6423) of Part 1 shall be applicable to violations of standards and special orders regulating the use of carcinogens, except as modified by the following:
(a) A civil penalty assessed against an employer because of failure to report, as required by standards specified in Section 9030, shall be not less than five hundred dollars ($500).
(b) A civil penalty assessed pursuant to Section 6429 for repeated violations of standards or special orders specified in subdivision (a) shall be not less than five thousand dollars ($5,000).
(c) A civil penalty assessed pursuant to Section 6429 for repeated serious violations shall be not less than ten fifteen thousand dollars ($10,000). ($15,000).
The maximum limitations on civil penalties specified in Chapter 4 (commencing with Section 6423) of Part 1 shall be applicable to civil penalties for which the minimum amount is prescribed by subdivision (a), (b), or (c). Nothing in this section shall supersede any provision of law prescribing criminal offenses or penalties.