Amended  IN  Assembly  March 14, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 752

Introduced by Assembly Member Blanca Rubio

February 13, 2023

An act to add Section 14105.2 14105.5 to the Government Code, relating to transportation.


LEGISLATIVE COUNSEL'S DIGEST


AB 752, as amended, Blanca Rubio. State highways: worker safety.
Existing law establishes the Department of Transportation and provides that the department has full possession and control of all state highways and property and rights in property acquired for state highway purposes. Existing law authorizes the department to construct, improve, and maintain state highways.
This bill would require the department to require, when certain criteria are met, the use of barriers and other devices placed between workers and motorized traffic for all construction, utility work, maintenance, and repair activities on state highways. The bill would require the department to require alternative methods to protect workers if the department determines that the barriers and other devices, described above, are not required. The bill would authorize the Division of Occupational Safety and Health to, in consultation with the department, adopt rules and regulations to administer and enforce these provisions.
By imposing new safety requirements on local agencies performing work on state highways, this bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 14105.5 is added to the Government Code, to read:

14105.5.
 (a) For purposes of this section, the following definitions apply:
(1) “Covered activity” means all construction, utility work, maintenance, and repair activities performed on a state highway right of way.
(2) “Positive protection” means barriers or other devices placed between workers and motorized traffic that contain or redirect vehicles and meet applicable crashworthiness criteria. crashworthy criteria, as contained in Section 1A.13 of the California Manual on Uniform Traffic Control Devices.
(b) Subject to subdivision (c), the department shall require the use of positive protection for a covered activity if any of the following conditions are present:
(1) The work zone for the covered activity will be in place more than two weeks and result in substantial worker exposure to motorized traffic.
(2) The covered activity is on a roadway with anticipated operating speeds exceeding 45 miles per hour and average daily traffic volumes exceeding 20,000 vehicles per day.
(3) The covered activity will place workers within one lane-width of travel lanes open to traffic.
(4) The work zone for the covered activity will have significant roadside hazards, such as dropoffs or unfinished bridge decks, in place for more than 24 hours.
(5) The work zone for the covered activity provides workers no means of escape from external motorized traffic intruding into the workspace.
(6) The department determines that positive protection is appropriate for worker safety.
(c) The use of positive protection is not required for a covered activity if the department determines that all of the following criteria are met:
(1) The covered activity is outside an urban area, as defined in Section 80280 of the Health and Safety Code.
(2) The covered activity is on a highway with an average daily traffic volume of fewer than 100 vehicles per hour.
(3) The entity performing the covered activity provides a written analysis, acceptable to the department, supporting the conclusion that positive protection is not needed to ensure worker safety.
(d) If the department determines that positive protection is not required, pursuant to subdivision (c), then the department shall require the entity performing the covered activity to implement alternative methods to protect workers from vehicular intrusions into work areas. Alternative methods shall be implemented before work begins and workers shall be instructed on the methods to be used.
(e) The department Division of Occupational Safety and Health, in consultation with the department, may promulgate rules and regulations for the administration and enforcement of this section.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.