Bill Text: CA AB871 | 2023-2024 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Safety in employment: conveyances.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Enrolled) 2024-08-28 - Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 66. Noes 7.). [AB871 Detail]
Download: California-2023-AB871-Introduced.html
Bill Title: Safety in employment: conveyances.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Enrolled) 2024-08-28 - Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 66. Noes 7.). [AB871 Detail]
Download: California-2023-AB871-Introduced.html
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 871
| Introduced by Assembly Member Haney |
February 14, 2023 |
An act to amend, repeal, and add Section 7311.2 of the Labor Code, relating to safety in employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 871, as introduced, Haney.
Safety in employment: conveyances.
Existing law requires the Division of Occupational Safety and Health to establish requirements for certified competent conveyance mechanic applicants that require, among other things, 3 years’ work experience in the conveyance industry, as specified.
This bill, beginning on July 1, 2024, would require an applicant to have 4 years’ work experience in the conveyance industry.
Existing law requires, except as provided, that a person who, without supervision, installs, services, repairs, or tests a conveyance, as defined, be certified by the division as a certified competent conveyance mechanic. Existing law makes these provisions inapplicable to platform lifts and stairway chairlifts installed in private residences, as specified.
This bill would remove the exception
for platform lifts and stairway chairlifts installed in private residences and would require that a person who, without supervision, constructs, services, repairs, or tests a conveyance, including a moving platform lift or stairway chairlift, be certified by the division as a certified competent conveyance mechanic, as specified. The bill would authorize a person, except as provided, to install, service, repair, or test a conveyance under the supervision of a certified competent conveyance mechanic at a 1 to 1 ratio if they are employed by a certified qualified conveyance company, enrolled in an elevator apprenticeship program, and certified as a competent conveyance apprentice by the division, as specified. The bill would make its provisions operative on July 1, 2024.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 7311.2 of the Labor Code is amended to read:7311.2.
(a) On and after June 30, 2003, except as provided in subdivisions (b) and (c) of Section 7301.5, any person who, without supervision, erects, constructs, installs, alters, tests, maintains, services or repairs, removes, or dismantles any conveyance covered by this chapter, shall be certified as a certified competent conveyance mechanic by the division. This section does not apply to platform lifts and stairway chairlifts installed in a private residence as provided in paragraph (2) or (3) of subdivision (a) of Section 7317.(b) Before March 1, 2003, the division shall establish an application procedure and all requirements for certification under this section as a certified competent conveyance mechanic, consistent with all
both
of the following:
(1) At a minimum, a certified competent conveyance mechanic applicant shall meet both of the following requirements:
(A) Three years’ work experience in the conveyance industry in construction, maintenance, and service and repair of conveyances covered by this chapter. This experience shall be verified by current and previously licensed elevator contractors or by current and previously certified qualified conveyance companies, as required by the division.
(B) One of the following:
(i) Satisfactory completion of a written examination administered by the division on the most recent applicable codes and standards.
(ii) A certificate of completion and
successfully passing the mechanic examination of a nationally recognized training program for the conveyance industry, such as the National Elevator Industry Educational Program or its equivalent.
(iii) A certificate of completion of an apprenticeship program for elevator mechanic, having standards substantially equal to those of this chapter, and which program shall be registered with the Bureau of Apprenticeship and Training of the United States Department of Labor or a state apprenticeship council.
(iv) A certificate or license from another state having standards substantially equal to or more comprehensive than those of this chapter.
(v) The applicant applies on or before December 31, 2003, and within the three years immediately prior to January 1, 2003, has documented at least three years of actual work
experience in the conveyance industry in construction, maintenance, and service and repair of conveyances covered by this chapter. This experience shall be as a journey-level mechanic working without direct and immediate supervision, and shall be verified by currently and previously licensed conveyance contractors or by current and previously certified qualified conveyance companies, as required by the division.
(2) At a minimum, each application for certification as a certified competent conveyance mechanic shall include the information required by the division and the fee required by this chapter.
(c) This section shall become inoperative on July 1, 2024, and as of January 1, 2025, is repealed.
SEC. 2.
Section 7311.2 is added to the Labor Code, to read:7311.2.
(a) Except as provided in subdivisions (b) and (c) of Section 7301.5, any person who, without supervision, erects, constructs, installs, alters, tests, maintains, services or repairs, removes, or dismantles any conveyance covered by this chapter, shall be certified as a certified competent conveyance mechanic by the division.(b) Before March 1, 2003, the division shall establish an application procedure and all requirements for certification under this section as a certified competent conveyance mechanic, consistent with both of the following:
(1) At a minimum, a certified competent conveyance mechanic applicant shall meet both of the following requirements:
(A) Four years’ work experience in the conveyance industry in construction, maintenance, and service and repair of conveyances covered by this chapter. This experience shall be verified by current and previously licensed elevator contractors or by current and previously certified qualified conveyance companies, as required by the division.
(B) One of the following:
(i) Satisfactory completion of a written examination administered by the division on the most recent applicable codes and standards.
(ii) A certificate of completion and successfully passing the mechanic examination of a nationally recognized training program for the conveyance industry, such as the National Elevator Industry Educational Program or its equivalent.
(iii) A certificate of completion of an apprenticeship program for elevator mechanic, having standards substantially equal to those of this chapter, and which program shall be registered with the Bureau of Apprenticeship and Training of the United States Department of Labor or a state apprenticeship council.
(iv) A certificate or license from another state having standards substantially equal to or more comprehensive than those of this chapter.
(v) The applicant applies on or before December 31, 2003, and within the three years immediately prior to January 1, 2003, has documented at least three years of actual work experience in the conveyance industry in construction, maintenance, and service and repair of conveyances covered by this chapter. This experience shall be as a journey-level mechanic working without direct
and immediate supervision, and shall be verified by currently and previously licensed conveyance contractors or by current and previously certified qualified conveyance companies, as required by the division.
(2) At a minimum, each application for certification as a certified competent conveyance mechanic shall include the information required by the division and the fee required by this chapter.
(c) Except as provided in subdivisions (b) and (c) of Section 7301.5, a person who meets the following criteria may erect, construct, install, alter, test, maintain, service, repair, remove, or dismantle any conveyance covered by this chapter under the supervision of a certified competent conveyance mechanic at a 1 to 1 ratio:
(1) The person is employed by a certified qualified conveyance company.
(2) The person is enrolled in an elevator apprenticeship program registered with a state apprenticeship council.
(3) The person is certified as a competent conveyance apprentice by the Division of Occupational Safety and Health.
(d) This section shall become operative on July 1, 2024.
