California 2009-2010 Regular Session Status: To Executive

AB 838 — Occupational safety and health.

Last action — Consideration of Governor's veto stricken from file.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

The existing California Occupational Safety and Health Act of 1973 was enacted to assure safe and healthful working conditions by authorizing the enforcement of effective standards, assisting and encouraging employers to maintain safe and healthful working conditions, and by providing for research, information, education, training, and enforcement in the field of occupational safety and health. The Occupational Safety and Health Board, an independent entity within the Department of Industrial Relations, has exclusive authority to adopt occupational safety and health standards within the state. This bill would require the Occupational Safety and Health Standards Board, by July 1, 2011, to adopt a standard for controlling the risk of occurrence of heat illness where employees work indoors.

Bill Text

Action History

  1. Consideration of Governor's veto stricken from file.

  2. Consideration of Governor's veto pending.

  3. Vetoed by Governor.

  4. Enrolled and to the Governor at 1:30 p.m.

  5. In Assembly. To enrollment.

  6. Read third time, passed, and to Assembly. (Ayes 24. Noes 15. Page 2212.)

  7. Read second time. To third reading.

  8. (received by desk August 28, 2009 pursuant to JR61(a)(11))

  9. From committee: Do pass. (Ayes 7. Noes 5.) (August 27).

  10. In committee: Placed on Appropriations suspense file.

  11. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 4. Noes 2.) (July 8).

  12. Referred to Com. on L. & I.R.

  13. In Senate. Read first time. To Com. on RLS. for assignment.

  14. Read third time, passed, and to Senate. (Ayes 49. Noes 30. Page 1994.)

  15. Read second time. To third reading.

  16. From committee: Do pass. (Ayes 12. Noes 5.) (May 28).

  17. In committee: Set, first hearing. Referred to APPR. suspense file.

  18. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 5. Noes 2.) (April 22).

  19. Referred to Com. on L. & E.

  20. From printer. May be heard in committee March 29.

  21. Read first time. To print.

Sponsors

  • Swanson · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Swanson

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Assembly 3rd Reading AB838 Swanson By Hancock

Passed 25 Yea · 15 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 231401
Democratic 2000
Republican 0100
Total 251501
% of votes cast 61%37%0%2%
How each member voted (41)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Yea
Kehoe — Yea
Liu — Yea
Lowenthal — Yea
Negrete — Yea
Cogdill — Nay
Corbett — Yea
McLeod — Yea
Ashburn — Nay
Ducheny — Yea
Oropeza — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Wiggins — Yea
Wolk — Yea
Wyland — Nay
Runner — Nay
Hollingsworth — Nay
Huff — Nay
Dutton — Nay
Aanestad — Nay
Alquist — Yea
Benoit — Nay
Harman — Nay
Leno — Yea
Maldonado — Nay
Pavley — Yea
Steinberg — Yea
Walters — Nay
Wright — Yea
Correa — Not Voting
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 7 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 7501
Total 7501
% of votes cast 54%38%0%8%
How each member voted (13)
Member Party Vote
Yee — Yea
Runner — Nay
Corbett — Yea
Hancock — Yea
Kehoe — Yea
Leno — Yea
Oropeza — Yea
Price — Yea
Cox — Nay
Walters — Nay
Wolk — Not Voting
Wyland — Nay
Denham — Nay

Official roll call →

Placed on Appropriations Suspense file.

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Yee — Yea
Hancock — Yea
Oropeza — Yea
Runner — Yea
Wyland — Yea
Price — Yea
Wolk — Yea
Kehoe — Yea
Leno — Yea
Walters — Yea
Corbett — Yea
Cox — Yea
Denham — Yea

Official roll call →

AB 838 SWANSON Assembly Third Reading

Passed 58 Yea · 33 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 543101
Democratic 3000
Republican 1200
Total 583301
% of votes cast 63%36%0%1%
How each member voted (92)
Member Party Vote
Hall — Yea
Evans — Yea
Carter — Yea
Chesbro — Yea
Feuer — Yea
Furutani — Yea
Galgiani — Yea
Charles — Yea
Hayashi — Yea
Hill — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Coto — Yea
Bass — Yea
Beall — Yea
Huffman — Yea
Krekorian — Yea
Mendoza — Yea
Monning — Yea
Nava — Yea
Ruskin — Yea
Skinner — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Bill — Nay
Tom — Nay
Fletcher — Nay
Audra — Nay
Fuller — Nay
Gilmore — Nay
Conway — Nay
Cook — Nay
Hagman — Nay
Jeffries — Nay
Duvall — Nay
Knight — Nay
Miller — Nay
Silva — Nay
Smyth — Nay
Tran — Nay
Adams — Nay
Ammiano — Yea
Anderson — Nay
Blakeslee — Nay
Block — Not Voting
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Hernandez — Yea
Huber — Nay
Lieu — Yea
Logue — Nay
Ma — Yea
Nestande — Nay
Nielsen — Nay
Price — Yea
Solorio — Yea
Torres — Yea
Villines — Nay
Emmerson — Nay
Eng — Yea
Davis — Yea
DeVore — Nay
Yamada — Yea
Fuentes — Yea
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 16 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15500
Democratic 1000
Republican 0100
Total 16600
% of votes cast 73%27%0%0%
How each member voted (22)
Member Party Vote
Fuentes — Yea
Hall — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Ammiano — Yea
Audra — Nay
Duvall — Nay
Solorio — Yea
Torlakson — Yea
Harkey — Nay
Krekorian — Yea
Miller — Nay
Nielsen — Nay
Price — Yea
Skinner — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Subjects

public-safety labor
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Frequently asked questions

What does AB 838 do?
The existing California Occupational Safety and Health Act of 1973 was enacted to assure safe and healthful working conditions by authorizing the enforcement of effective standards, assisting and encouraging employers to maintain safe and healthful working conditions, and by providing for research, information, education, training, and enforcement in the field of occupational safety and health. The Occupational Safety and Health Board, an independent entity within the Department of Industrial Relations, has exclusive authority to adopt occupational safety and health standards within the state. This bill would require the Occupational Safety and Health Standards Board, by July 1, 2011, to adopt a standard for controlling the risk of occurrence of heat illness where employees work indoors.
Who sponsors AB 838?
AB 838 is sponsored by Swanson.
What is the current status of AB 838?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 838?
Track AB 838 free on One Click Politics — get push/email alerts when it moves.

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