Bill Text: CA SB432 | 2011-2012 | Regular Session | Amended

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Bill Title: Workplace safety: lodging establishments: housekeeping.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2011-08-25 - Hearing postponed by committee. [SB432 Detail]

Download: California-2011-SB432-Amended.html

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BILL NUMBER: SB 432	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 15, 2011
	AMENDED IN ASSEMBLY  JUNE 15, 2011
	AMENDED IN SENATE  MAY 31, 2011

INTRODUCED BY   Senator De León

                        FEBRUARY 16, 2011

   An act to add Section 6714 to the Labor Code, relating to
workplace safety.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 432, as amended, De León. Workplace safety: lodging
establishments: housekeeping.
   Existing law establishes the Occupational Safety and Health
Standards Board within the Department of Industrial Relations and
requires the standards board to adopt and, through the Division of
Occupational Safety and Health, to enforce all occupational safety
and health standards. Under existing law, a knowing or negligent
violation of any standard, which is deemed to be a serious violation,
constitutes a misdemeanor.
   This bill would require the standards board to adopt a standard
 , no later than December 1, 2012,  relating to housekeeping
in transient lodging establishments requiring the use of fitted
sheets on beds  or the use of an approved alternative to assist
in sheet installation, as specified,  and the use of
long-handled tools for cleaning bathrooms. The bill would require the
division to enforce the standard in the ordinary course of its
duties pursuant to existing authority.  This bill would require
that the standard be operative as of September 1, 2013, and be fully
complied with by December 31, 2015. 
   Because this bill would require the standards board to adopt a new
standard, the serious violation of which would, when effective,
create a new crime, the bill would impose 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 no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 6714 is added to the Labor Code, to read:
   6714.  (a) The  standards board  
Occupational Safety and Health Standards Board shall, no later
than  September   December  1, 2012, adopt
an occupational safety and health standard for lodging establishment
housekeeping  , with an operative date of September 1, 2013, to
be fully complied with by December 31, 2015  . The standard
shall apply to all hotels, motels, and other similar transient
lodging establishments in California. The standard shall  apply
to bed sheets and long handled tools, and shall  include the
following  requirements  :
   (1)  (A)    The use of a fitted sheet, instead
of a flat sheet, as the bottom sheet on all beds within the lodging
establishment.  For the purpose of this section, a "fitted
sheet" means a bed sheet containing elastic or similar material sewn
into each of the four corners that allows the sheet to stay in place
over the mattress.   Fitted sheets may be purchased in
the normal course of the replacement of bed linens, so long as full
compliance with the standard is met no later than December 31, 2015.
 
   (B) As an alternative to the use of a fitted sheet, the use of
equipment, such as a wedge, or other device, work practice, or method
that assists in sheet installation, if the Occupational Safety and
Health Standards Board determines during the standard adoption
process that the use of the alternative equipment, work practice, or
method that assists in sheet installation provides the equivalent
health and safety protection provided by the use of a fitted sheet.

   (2) The use of long-handled tools such as mops or similar devices
in order to eliminate the practice by housekeepers of working in a
stooped, kneeling, or squatting position in order to clean bathroom
floors, walls, tubs, toilets, and other bathroom surfaces.
   (b) Nothing in this section limits the authority of the 
board   Occupational Safety and Health Standards Board
 to grant a variance  pursuant  to Section 143 or any
other provision of law.
   (c) The division shall enforce this section in the ordinary course
of its duties pursuant to authority set forth in this part. 
   (d) For the purpose of this section, a "fitted sheet" means a bed
sheet containing elastic or similar material sewn into each of the
four corners that allows the sheet to stay in place over the
mattress. 
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.