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CA AB2774

Bill

Status

Passed

9/30/2010

Primary Sponsor

Mike Eng

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Origin

State Assembly

2009-2010 Session

AI Summary

  • Establishes a rebuttable presumption that a "serious violation" exists if the Division of Occupational Safety and Health demonstrates a realistic possibility that death or serious physical harm could result from the actual hazard created by the violation.

  • Requires the division to deliver a standardized form to employers at least 15 days before issuing a serious violation citation, soliciting information about the employer's safety training, procedures, supervision, and communication practices.

  • Allows employers to rebut the presumption of serious violation by demonstrating they exercised reasonable diligence to prevent the violation and took immediate action to eliminate employee exposure once discovered.

  • Defines "serious physical harm" to include inpatient hospitalization, loss of body members, permanent disfigurement, permanent impairment of body function, and severe injuries such as second-degree or worse burns, crushing injuries, or broken bones.

  • Permits division safety engineers and industrial hygienists with current mandated training to testify as competent experts on serious violations and workplace injury prevention practices.

Legislative Description

Occupational safety and health.

Last Action

Chaptered by Secretary of State - Chapter 692, Statutes of 2010.

9/30/2010

Committee Referrals

Appropriations8/11/2010
Rules6/3/2010
Labor and Employment4/8/2010

Full Bill Text

No bill text available