Bill Text: CA SB606 | 2021-2022 | Regular Session | Amended
Bill Title: Workplace safety: violations of statutes: enterprise-wide violations: egregious violations.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2021-09-27 - Chaptered by Secretary of State. Chapter 336, Statutes of 2021. [SB606 Detail]
Download: California-2021-SB606-Amended.html
Amended
IN
Senate
March 25, 2021 |
Introduced by Senator Gonzalez (Principal coauthor: Assembly Member Lorena Gonzalez) |
February 18, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would authorize the division to issue to an employer with multiple places of employment a citation, seek a temporary restraining order against such an employer, or both issue a citation and seek an order, with regard to an employerwide written policy or practice that violates the Health and Safety Code or the Labor Code. The bill would authorize the Occupational Safety and Health Appeals Board to issue an order of abatement for the employer-wide written policy or practice. The bill would establish a rebuttable presumption that a written employer policy or practice that violates the Health and Safety Code or the Labor Code exists at all places of employment of the employer and citations
may be issued accordingly.
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 6317 of the Labor Code is amended to read:6317.
If, upon inspection or investigation, or upon evidence or documents obtained by the division in lieu of or in addition to an onsite inspection, the division believes that an employer has violated Section 25910 of the Health and SafetySECTION 1.SEC. 2.
Section 6317.8 is added to the Labor Code, to read:6317.8.
(a) Notwithstanding any other law, if, upon inspection or investigation, the division believes that an egregious employer has willfully violated an occupational safety or health standard, order, special order, or regulation, the division, with reasonable promptness, shall issue a citation to an egregious employer for each violation, and each employee exposed to that violation shall be considered a separate violation for purposes of the issuance of fines and penalties.The division may issue to an employer with separate places of employment a citation, seek a temporary restraining order against such an employer, or both issue a citation and seek an order, with regard to an employer-wide written policy or practice that violates the Health and Safety Code or this code. The appeals board may issue an order of abatement for the employerwide written policy or practice. There shall be a rebuttable presumption that a written employer policy or practice that violates the Health and Safety Code or this code exists at all places of employment of the employer and citations may be issued accordingly.