California 2011-2012 Regular Session Status: Enacted

AB 1136 — Employment safety: health facilities.

Last action — Chaptered by Secretary of State - Chapter 554, Statutes of 2011.

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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 February 18, 2011. 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 7 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 regulates the operation of health facilities. Existing law, the California Occupational Safety and Health Act of 1973, establishes certain safety and other responsibilities of employers and employees, including the requirement that employers provide safety devices and safeguards reasonably necessary to render the employment safe. Willful or repeated violations are a crime. This bill would make findings and declarations concerning the lifting, repositioning, and transfer of patients in acute care hospitals and resulting injuries to hospital personnel. This bill would amend the California Occupational Safety and Health Act of 1973 to require an employer to maintain a safe patient handling policy, as defined, for patient care units, and to provide trained lift teams, as defined, or staff trained in safe lifting techniques in each general acute care hospital, except for specified hospitals. The safe patient handling policy would require the replacement of manual lifting and transferring of patients with powered patient transfer devices, lifting devices, or lift teams, as specified. As part of the injury and illness prevention programs required by existing regulations, employers would be required to adopt a patient protection and health care worker back and musculoskeletal injury prevention plan, which shall include a safe patient handling policy component, as specified, to protect patients and health care workers, as defined, in health care facilities. By changing the definition of a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 554, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 53. Noes 26. Page 3051.).

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 21. Noes 18. Page 2315.).

  7. Read second time. Ordered to third reading.

  8. From committee: Do pass. (Ayes 6. Noes 3.) (August 25).

  9. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  10. In committee: Placed on APPR. suspense file.

  11. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  12. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (June 22). Re-referred to Com. on APPR.

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

  14. Referred to Coms. on L. & I.R. and APPR.

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

  16. Read third time. Passed. Ordered to the Senate. (Ayes 50. Noes 27. Page 1821.)

  17. Read third time and amended. Ordered to third reading. (Page 1632.)

  18. Read second time. Ordered to third reading.

  19. From committee: Do pass. (Ayes 5. Noes 1.) (May 4).

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

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

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

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

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

  25. From printer. May be heard in committee March 22.

  26. Read first time. To print.

Sponsors

  • Swanson · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 6 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 53 Yea · 26 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 522401
Republican 0200
Democratic 1000
Total 532601
% of votes cast 66%33%0%1%
How each member voted (80)
Member Party Vote
Hagman — Nay
Butler — Yea
Feuer — Yea
Fuentes — Yea
Fong — Yea
Galgiani — Yea
Allen — Yea
Garrick — Nay
Gordon — Yea
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Hall — Yea
Harkey — Nay
Carter — Yea
Hill — Yea
Bonilla — Yea
Atkins — Yea
Hueso — Yea
Huffman — Yea
Cedillo — Yea
Knight — Nay
Fletcher — Nay
Alejo — Yea
Beall — Yea
Block — Yea
Chesbro — Yea
Conway — Nay
Cook — Nay
Davis — Yea
Logue — Nay
Mendoza — Yea
Monning — Yea
Nestande — Yea
Olsen — Nay
Pan — Yea
Silva — Nay
Smyth — Nay
Solorio — Yea
Torres — Yea
Valadao — Nay
Wieckowski — Yea
Williams — Yea
Gorell — Not Voting
Halderman — Nay
Donnelly — Nay
Miller — Nay
Nielsen — Nay
Norby — Nay
Achadjian — Nay
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Jeffries — Nay
Lara — Yea
Ma — Yea
Mansoor — Nay
Morrell — Nay
Perea — Yea
Skinner — Yea
Swanson — Yea
Wagner — Nay
Eng — Yea
Dickinson — Yea
Yamada — Yea
Furutani — Yea
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Passed 21 Yea · 18 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 191701
Democratic 2000
Republican 0100
Total 211801
% of votes cast 53%45%0%3%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Nay
Cannella — Nay
Evans — Yea
Lowenthal — Yea
De León — Yea
Fuller — Nay
Rubio — Yea
Corbett — Yea
Hancock — Yea
Harman — Nay
Runner — Nay
Negrete McLeod — Not Voting
Dutton — Nay
Blakeslee — Nay
Leno — Yea
Lieu — Yea
Liu — Yea
Pavley — Yea
Price — Yea
Steinberg — Yea
Vargas — Yea
Walters — Nay
Wolk — Yea
Alquist — Yea
Anderson — Nay
Hernandez — Nay
Huff — Nay
Kehoe — Yea
Simitian — Yea
Wright — Nay
Emmerson — Nay
Correa — Nay
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 6 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6300
Total 6300
% of votes cast 67%33%0%0%
How each member voted (9)
Member Party Vote
Runner — Nay
Lieu — Yea
Walters — Nay
Alquist — Yea
Kehoe — Yea
Pavley — Yea
Price — Yea
Steinberg — Yea
Emmerson — Nay

Official roll call →

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Runner — Yea
Kehoe — Yea
Lieu — Yea
Pavley — Yea
Steinberg — Yea
Walters — Yea
Alquist — Yea
Price — Yea
Emmerson — Yea

Official roll call →

Passed 50 Yea · 27 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 492503
Republican 0200
Democratic 1000
Total 502703
% of votes cast 63%34%0%4%
How each member voted (80)
Member Party Vote
Gorell — Not Voting
Halderman — Nay
Yamada — Yea
Butler — Yea
Campos — Yea
Eng — Yea
Feuer — Yea
Furutani — Yea
Fong — Yea
Galgiani — Yea
Allen — Yea
Gatto — Yea
Gordon — Yea
Hagman — Nay
Carter — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Harkey — Nay
Hayashi — Yea
Hill — Yea
Cedillo — Yea
Huffman — Yea
Bonilla — Yea
Atkins — Yea
Lara — Yea
Mendoza — Yea
Chesbro — Yea
Monning — Yea
Ammiano — Yea
Conway — Nay
Cook — Nay
Davis — Yea
Dickinson — Yea
Olsen — Nay
Pan — Yea
Perea — Yea
Smyth — Nay
Solorio — Yea
Torres — Yea
Valadao — Nay
Wieckowski — Yea
Fletcher — Nay
Hall — Not Voting
Huber — Not Voting
Jeffries — Nay
Knight — Nay
Donnelly — Nay
Morrell — Nay
Nestande — Nay
Norby — Nay
Silva — Nay
Achadjian — Nay
Alejo — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hueso — Yea
Logue — Nay
Ma — Yea
Mansoor — Nay
Miller — Nay
Nielsen — Nay
Skinner — Yea
Swanson — Yea
Wagner — Nay
Williams — Yea
Fuentes — Yea
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 5 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4101
Democratic 1000
Total 5101
% of votes cast 71%14%0%14%
How each member voted (7)
Member Party Vote
Gorell — Not Voting
Morrell — Nay
Swanson — Yea
Alejo — Yea
Yamada — Yea
Furutani — Yea
Allen, Benjamin Democratic Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 1136 do?
Existing law regulates the operation of health facilities. Existing law, the California Occupational Safety and Health Act of 1973, establishes certain safety and other responsibilities of employers and employees, including the requirement that employers provide safety devices and safeguards reasonably necessary to render the employment safe. Willful or repeated violations are a crime. This bill would make findings and declarations concerning the lifting, repositioning, and transfer of patients in acute care hospitals and resulting injuries to hospital personnel. This bill would amend the California Occupational Safety and Health Act of 1973 to require an employer to maintain a safe patient handling policy, as defined, for patient care units, and to provide trained lift teams, as defined, or staff trained in safe lifting techniques in each general acute care hospital, except for specified hospitals. The safe patient handling policy would require the replacement of manual lifting and transferring of patients with powered patient transfer devices, lifting devices, or lift teams, as specified. As part of the injury and illness prevention programs required by existing regulations, employers would be required to adopt a patient protection and health care worker back and musculoskeletal injury prevention plan, which shall include a safe patient handling policy component, as specified, to protect patients and health care workers, as defined, in health care facilities. By changing the definition of a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 1136?
AB 1136 is sponsored by Swanson.
What is the current status of AB 1136?
This bill has been enacted into law. Introduced February 18, 2011. Enacted.
Where can I track AB 1136?
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