Governor rejects duplicative Cal/OSHA appeals process proposal

By CMTA Staff

Capitol Update, Oct. 18, 2013

Governor Brown vetoed a controversial bill that would have required a manufacturer to abate an alleged workplace safety violation prior to a final judgment as to the existence of the violation.    

AB 1165 by Assembly Member Nancy Skinner (D-Berkeley) proposed creating a separate hearing process at the Division of Occupational Safety and Health (Cal/OSHA) that could require an employer to fix an alleged violation of a serious, willful, repeat or failure to abate workplace safety hazards before the Cal/OSHA Appeals Board had ruled that a violative condition actually exists.  Not only would this proposed process have been confusing and cumbersome, it was also unnecessary in light of the recently adopted “expedited” appeals process that was just implemented July 1, 2013 (California Code of Regulations, title 8, section 373). 

The “expedited” process was implemented by the Cal/OSHA Appeals Board to address the very same challenge AB 1165 sought to remedy –  minimizing worker exposure to hazards while a citation is on appeal.  This new procedure was the product of a thoughtful collaborative process, during which the proposal presented in AB 1165 was rejected as an ineffective solution.

CMTA along with a coalition of several other business organizations strongly opposed this bill and are pleased with the Governor’s response. 

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