Bill Text: CA AB2963 | 2017-2018 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Worker safety: blood lead levels: reporting.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Vetoed) 2018-09-27 - Vetoed by Governor. [AB2963 Detail]

Download: California-2017-AB2963-Amended.html

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Amended  IN  Senate  June 21, 2018

Amended  IN  Assembly  April 11, 2018

Amended  IN  Assembly  March 22, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 2963

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Introduced by Assembly Member Kalra
(Coauthor: Assembly Member Chiu)

February 16, 2018

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

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 consider a report from an employer of an employee’s blood level at or above 25 micrograms per deciliter to be injurious to the health of the employee and to report that case within 5 business days to the Division of Occupational Safety and Health any instance where a worker’s blood lead level is at or above a certain amount. Health. The bill would further require that the above-described report constitute an allegation of a serious violation a serious violation and subject the employment employer or place of employment to an investigation, as provided, by the division, and would require the division to make any citations or fines imposed as a result of the investigation publicly available on an annual basis.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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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 Health’s Occupational Lead Poisoning Prevention Program, that department shall consider a report from an employer of an employee’s blood level at or above 25 micrograms per deciliter to be injurious to the health of the employee and shall report that case within five business days to the Division of Occupational Safety and Health any instance where a worker’s blood lead level is at or above 25 micrograms per deciliter. Health.

(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. a complaint from a government agency representative charging a serious violation and shall subject the employer or place of employment to the requirements of subdivision (a) of Section 6309 for the Division of Occupational Safety and Health to initiate an investigation within three working days. Upon completion of the investigation, any citations and fines imposed by the division shall be made publicly available on an annual basis pursuant to subdivision (d) of Section 6309.