California 2009-2010 Regular Session Status: Enacted

AB 2774 — Occupational safety and health.

Last action — Chaptered by Secretary of State - Chapter 692, Statutes of 2010.

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

This bill has been enacted into law. Introduced March 01, 2010. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law requires an employer to provide employees with a safe workplace and authorizes the Division of Occupational Safety and Health within the Department of Industrial Relations to enforce health and safety standards in places of employment and to investigate and to issue a citation and impose civil penalties when an employer commits a serious violation that causes an employee to suffer or potentially suffer, among other things, "serious injury or illness" or "serious physical harm." This bill would establish a rebuttable presumption as to when an employer commits a serious violation of these provisions and would define serious physical harm, as specified. The bill would also establish new procedures and standards for an investigation and the determination by the division of a serious violation by an employer which causes harm or exposes an employee to the risk of harm.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 692, Statutes of 2010.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 4 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 50. Noes 26. Page 6713.)

  5. Assembly Rule 77 suspended. (Ayes 49. Noes 27. Page 6645.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77.

  7. Read third time, passed, and to Assembly. (Ayes 23. Noes 13. Page 4828.)

  8. Read second time. To third reading.

  9. Read third time, amended. To second reading.

  10. Read second time. To third reading.

  11. Received August 13 pursuant to Joint Rule 61(b)(14)

  12. From committee: Do pass. (Ayes 7. Noes 4.) (August 12).

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

  14. Re-referred to Com. on APPR. pursuant to Joint Rule 10.5.

  15. Read second time. To third reading.

  16. Read third time, amended. To second reading.

  17. Read second time. To third reading.

  18. From committee: Do pass. (Ayes 4. Noes 1.) (June 23).

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

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

  21. Read third time, passed, and to Senate. (Ayes 44. Noes 29. Page 5515.)

  22. Read third time, amended, and returned to third reading. (Ayes 42. Noes 21. Page 5340.).

  23. Read second time. To third reading.

  24. From committee: Do pass. (Ayes 4. Noes 0.) (May 5).

  25. Re-referred to Com. on L. & E.

  26. From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.

  27. In committee: Hearing postponed by committee.

  28. Re-referred to Com. on L. & E.

  29. From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.

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

  31. From printer. May be heard in committee April 1.

  32. Read first time. To print.

Sponsors

  • Swanson · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 5 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

Passed 59 Yea · 29 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 562701
Democratic 2001
Republican 1200
Total 592902
% of votes cast 66%32%0%2%
How each member voted (90)
Member Party Vote
Hagman — Not Voting
Carter — Yea
Evans — Yea
Chesbro — Yea
Coto — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Gatto — Yea
Hall — Yea
Charles — Yea
Hayashi — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Conway — Nay
Bill — Nay
Tom — Nay
Fletcher — Nay
Audra — Nay
Fuller — Nay
Garrick — Nay
Gilmore — Nay
Harkey — Nay
Knight — Nay
Adams — Nay
Anderson — Nay
Miller — Nay
Nestande — Nay
Norby — Nay
Smyth — Nay
Torlakson — Yea
Torres — Yea
Tran — Nay
Villines — Nay
Ammiano — Yea
Bass — Yea
Beall — Yea
Huffman — Yea
Lieu — Yea
Ma — Yea
Mendoza — Yea
Monning — Yea
Ruskin — Yea
Skinner — Yea
Solorio — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Huber — Yea
Jeffries — Nay
Logue — Nay
Nava — Yea
Nielsen — Nay
Silva — Nay
Swanson — Yea
Torrico — Yea
Cook — Nay
Eng — Yea
Davis — Yea
DeVore — Nay
Yamada — Yea
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Not Voting
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Passed 24 Yea · 13 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 221203
Democratic 2000
Republican 0100
Total 241303
% of votes cast 60%33%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Harman — Not Voting
Oropeza — Not Voting
Wiggins — Not Voting
Wyland — Nay
Cedillo — Yea
Cogdill — Nay
Lowenthal — Yea
Negrete — Yea
Corbett — Yea
Huff — Nay
Runner — Nay
Alquist — Yea
Ashburn — Nay
Ducheny — Yea
Dutton — Nay
Leno — Yea
Liu — Yea
Pavley — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Walters — Nay
Wolk — Yea
Aanestad — Nay
Blakeslee — Nay
Hollingsworth — Nay
Kehoe — Yea
McLeod — Yea
Romero — Yea
Wright — Yea
Emmerson — Nay
Correa — Yea
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 · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7400
Total 7400
% of votes cast 64%36%0%0%
How each member voted (11)
Member Party Vote
Yee — Yea
Wyland — Nay
Kehoe — Yea
Alquist — Yea
Ashburn — Nay
Price — Yea
Wolk — Yea
Leno — Yea
Walters — Nay
Corbett — Yea
Emmerson — Nay

Official roll call →

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Yee — Yea
Corbett — Yea
Ashburn — Yea
Price — Yea
Alquist — Yea
Kehoe — Yea
Leno — Yea
Walters — Yea
Wolk — Yea
Wyland — Yea
Emmerson — Yea

Official roll call →

Do pass.

Passed 4 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4101
Total 4101
% of votes cast 67%17%0%17%
How each member voted (6)
Member Party Vote
Yee — Yea
Wyland — Not Voting
Hollingsworth — Nay
Leno — Yea
Ducheny — Yea
DeSaulnier — Yea

Official roll call →

Passed 53 Yea · 30 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 502807
Democratic 2100
Republican 1101
Total 533008
% of votes cast 58%33%0%9%
How each member voted (91)
Member Party Vote
Hall — Yea
Carter — Yea
Eng — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Bass — Yea
Yamada — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Chesbro — Not Voting
Bill — Nay
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Not Voting
Gilmore — Nay
Fletcher — Nay
Tom — Not Voting
Hagman — Nay
Audra — Not Voting
Conway — Nay
Harkey — Nay
Hayashi — Yea
Anderson — Nay
Blakeslee — Nay
Cook — Nay
DeVore — Nay
Hill — Yea
Huber — Nay
Jeffries — Nay
Knight — Nay
Logue — Nay
Mendoza — Yea
Miller — Nay
Monning — Yea
Nestande — Not Voting
Norby — Nay
Ruskin — Yea
Skinner — Yea
Smyth — Nay
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Nay
Adams — Nay
Ammiano — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Nay
Hernandez — Yea
Huffman — Yea
Lieu — Not Voting
Ma — Yea
Nava — Yea
Nielsen — Nay
Silva — Nay
Solorio — Yea
Torres — Yea
Villines — Nay
Emmerson — Nay
Coto — Yea
Evans — Yea
Davis — Yea
Fuller — Nay
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Not Voting
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Nay
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Not Voting

Official roll call →

Passed 48 Yea · 21 Nay · 22 Other
Party YeaNayPresentNot Voting
Unaffiliated 4420021
Democratic 3000
Republican 1101
Total 4821022
% of votes cast 53%23%0%24%
How each member voted (91)
Member Party Vote
Hall — Not Voting
Eng — Yea
Coto — Yea
Davis — Yea
Charles — Yea
Beall — Yea
Yamada — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Carter — Not Voting
Chesbro — Not Voting
Evans — Yea
Feuer — Yea
Fuentes — Yea
Fletcher — Nay
Conway — Nay
Bill — Not Voting
Tom — Not Voting
Furutani — Not Voting
Galgiani — Yea
Gilmore — Nay
De — Not Voting
La — Not Voting
Torre — Not Voting
De — Not Voting
Leon — Not Voting
Salas — Not Voting
Audra — Not Voting
Bass — Not Voting
DeVore — Nay
Hagman — Nay
Harkey — Nay
Hayashi — Yea
Hill — Yea
Huber — Yea
Jeffries — Not Voting
Knight — Nay
Logue — Nay
Mendoza — Yea
Miller — Nay
Monning — Yea
Nestande — Nay
Norby — Nay
Ruskin — Yea
Skinner — Yea
Smyth — Not Voting
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Nay
Adams — Nay
Ammiano — Yea
Anderson — Nay
Blakeslee — Not Voting
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Lieu — Yea
Ma — Yea
Nava — Yea
Nielsen — Nay
Silva — Not Voting
Solorio — Yea
Torres — Yea
Villines — Nay
Cook — Nay
Emmerson — Not Voting
Fuller — Nay
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Not Voting
Bill Berryhill — Not Voting
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 Not Voting

Official roll call →

Do pass.

Passed 4 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 4001
Republican 0001
Total 4002
% of votes cast 67%0%0%33%
How each member voted (6)
Member Party Vote
Furutani — Yea
Monning — Yea
Swanson — Yea
Yamada — Yea
Beth Gaines — Not Voting
Niello, Roger W. Republican Not Voting

Official roll call →

Subjects

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Frequently asked questions

What does AB 2774 do?
Existing law requires an employer to provide employees with a safe workplace and authorizes the Division of Occupational Safety and Health within the Department of Industrial Relations to enforce health and safety standards in places of employment and to investigate and to issue a citation and impose civil penalties when an employer commits a serious violation that causes an employee to suffer or potentially suffer, among other things, "serious injury or illness" or "serious physical harm." This bill would establish a rebuttable presumption as to when an employer commits a serious violation of these provisions and would define serious physical harm, as specified. The bill would also establish new procedures and standards for an investigation and the determination by the division of a serious violation by an employer which causes harm or exposes an employee to the risk of harm.
Who sponsors AB 2774?
AB 2774 is sponsored by Swanson.
What is the current status of AB 2774?
This bill has been enacted into law. Introduced March 01, 2010. Enacted.
Where can I track AB 2774?
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