Assembly approves bifurcated Cal-OSHA appeals process

By CMTA Staff

Capitol Update, June 6, 2013

A bill opposed by CMTA, AB 1165 by Assemblymember Nancy Skinner (D-Berkeley), was approved by the State Assembly and is now under consideration by the State Senate.

This bill creates a double appeals process for serious, willful, repeat or failure to abate workplace safety hazard violations that presumes the guilt of the employer prior to any official determination. This means manufacturers would be required to abate the alleged violation pending appeal of the citation and would have to request a stay of abatement, when filing the appeal, to reverse that requirement.  This bifurcated process denies manufacturers their due process in contesting that a hazard even exists and is unnecessary given the expedited appeal regulations recently adopted by the Cal-OSHA Appeals Board for these situations. 

AB 1165 will be heard by the Senate Committee on Labor and Industrial Relations on Wednesday, June 12.

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