California 2017-2018 Regular Session Status: Enacted

AB 2334 — Occupational injuries and illness: employer reporting requirements: electronic submission.

Last action — Chaptered by Secretary of State - Chapter 538, Statutes of 2018.

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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 13, 2018. 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 9 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 establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, within the Department of Industrial Relations, to compensate an employee for injuries sustained in the course of his or her employment. Existing law prohibits a person or public or private entity who is not a party to a claim for workers' compensation benefits from obtaining individually identifiable information, as defined, that is obtained or maintained by the division regarding that claim. Existing law permits, however, various state entities to use that information to carry out their duties. This bill would permit the Office of Self-Insurance Plans of the Department of Industrial Relations to use individually identifiable information as necessary to carry out its duties, as specified. Existing law requires, for purposes of the workers' compensation system, every employer except the state to secure the payment of compensation in one or more ways, including by securing from the Director of Industrial Relations a certificate of consent to self-insure either as an individual employer, or as one employer in a group of employers. Existing law requires all self-insured employers to file a self-insurer's annual report in a form prescribed by the director. Existing law requires the director to annually prepare an aggregated summary of all self-insured employer liability to pay compensation reported on the self-insured employers' annual reports, including a separate summary for public and private employer self-insurers, and requires the aggregated summaries to be made available to the public on the self-insurance section of the department's Internet Web site. This bill would authorize the director to publish information regarding the costs of administration, workers' compensation benefit expenditures, and solvency and performance of public self-insured employers' workers' compensation programs, as specified. Existing law gives the Division of Occupational Safety and Health, within the department, the power, jurisdiction, and supervision over every employment and place of employment in this state, which is necessary to adequately enforce and administer all laws requiring that employment and places of employment be safe, and requiring the protection of the life, safety, and health of every employee in that employment or place of employment. Existing law requires the division to enforce all occupational safety and health standards, as specified, and to issue a citation for a violation relating to those standards. Existing law prohibits the division from issuing a citation more than 6 months after the occurrence of the violation. This bill would provide that an occurrence, for purposes of issuing a citation or notice for a violation of specified provisions relating to recordkeeping requirements, including any implementing related regulations, continues until it is corrected, the division discovers the violation, or the duty to comply with the requirement that was violated no longer exists. Existing law requires an employer to furnish a place of employment that is safe and healthful for employees. Existing law requires an employer to file a report of every occupational injury or occupational illness, as defined, of each employee that results in lost time beyond the date of the injury or illness, and that requires medical treatment beyond first aid, with the Department of Industrial Relations, or in the case of an insured employer, with the insurer, on a form prescribed by the department. Under existing law, an employer who violates occupational safety and health provisions is guilty of a misdemeanor, except where another penalty is specifically provided. This bill would require the division to monitor the rulemaking and implementation of the United States Department of Labor's Occupational Safety and Health Administration's Improve Tracking of Workplace Injuries and Illnesses rule with respect to the electronic submission of workplace injury and illness data. The bill would also require the division, if the division determines that the Occupational Safety and Health Administration has eliminated or substantially diminished this federal submission requirement, within 120 days of the determination, to convene an advisory committee, as specified, to evaluate how to implement changes necessary to protect the goals of the Improve Tracking of Workplace Injuries and Illnesses rule, as specified. The bill would provide legislative findings and declarations in support of these provisions.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 538, Statutes of 2018.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 12 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 54. Noes 23.).

  5. From committee: That the Senate amendments be concurred in. (Ayes 7. Noes 0.) (August 31).

  6. Joint Rule 62(a), file notice suspended. (Page 6915.)

  7. Re-referred to Com. on L. & E. pursuant to Assembly Rule 77.2.

  8. In Assembly. Concurrence in Senate amendments pending.

  9. Read third time. Passed. Ordered to the Assembly. (Ayes 27. Noes 12. Page 5988.).

  10. Read second time. Ordered to third reading.

  11. Read third time and amended. Ordered to second reading.

  12. Read second time. Ordered to third reading.

  13. Read second time and amended. Ordered returned to second reading.

  14. From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 16).

  15. In committee: Referred to APPR. suspense file.

  16. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (June 27). Re-referred to Com. on APPR.

  17. 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.

  18. In committee: Set, first hearing. Hearing canceled at the request of author.

  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. Ordered to the Senate. (Ayes 48. Noes 24. Page 5645.)

  22. Read second time. Ordered to third reading.

  23. Read second time and amended. Ordered returned to second reading.

  24. From committee: Amend, and do pass as amended. (Ayes 12. Noes 4.) (May 25).

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

  26. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (April 18). Re-referred to Com. on APPR.

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

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

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

  30. From printer. May be heard in committee March 16.

  31. Read first time. To print.

Sponsors

  • Thurmond · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 11 voted No

Sponsors (1)

  • Thurmond

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 54 Yea · 23 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 391702
Democratic 15001
Republican 0600
Total 542303
% of votes cast 68%29%0%4%
How each member voted (80)
Member Party Vote
Acosta — Yea
Bigelow — Nay
Brough — Nay
Kiley — Nay
Levine — Yea
Rendon — Yea
Santiago — Yea
Voepel — Nay
Weber — Yea
Cooley — Yea
Eggman — Not Voting
Cunningham — Nay
Daly — Yea
Friedman — Yea
Gloria — Yea
Holden — Yea
Jones-Sawyer — Yea
Bloom — Yea
Chiu — Yea
Chu — Yea
Low — Yea
Mullin — Yea
Thurmond — Yea
Rivas — Yea
Rubio — Yea
Salas — Yea
Frazier — Yea
Burke — Yea
Gray — Yea
Gonzalez Fletcher — Yea
Harper — Nay
Kamlager-Dove — Yea
Fong — Nay
Maienschein — Nay
Mathis — Nay
Mayes — Nay
Chau — Yea
McCarty — Yea
Baker — Nay
Chávez — Nay
Cooper — Not Voting
Medina — Yea
Melendez — Nay
Nazarian — Yea
O'Donnell — Yea
Obernolte — Nay
Quirk — Yea
Rodriguez — Yea
Steinorth — Yea
Ting — Yea
Waldron — Nay
Wood — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Not Voting
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Passed 27 Yea · 12 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 231101
Democratic 4100
Total 271201
% of votes cast 68%30%0%3%
How each member voted (40)
Member Party Vote
Bates — Nay
Hertzberg — Yea
Hill — Yea
Monning — Yea
Roth — Yea
Delgado — Yea
Fuller — Nay
Glazer — Yea
Bradford — Yea
Lara — Yea
Allen — Yea
De León — Yea
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Galgiani — Yea
Cannella — Yea
Chang — Nay
Hernandez — Yea
Hueso — Yea
Leyva — Yea
Moorlach — Nay
Anderson — Nay
Beall — Yea
Dodd — Yea
Morrell — Nay
Nielsen — Nay
Pan — Yea
Skinner — Yea
Vidak — Nay
Wieckowski — Yea
Wilk — Nay
Beth Gaines — Nay
Bill Berryhill — Not Voting
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass as amended

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Beall — Yea
Bradford — Yea
Hill — Yea
Portantino — Yea
Bates — Nay
Nielsen — Nay
Wiener, Scott D. Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bradford — Yea
Hill — Yea
Portantino — Yea
Bates — Yea
Beall — Yea
Nielsen — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Passed 48 Yea · 24 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 341904
Democratic 14001
Republican 0501
Total 482406
% of votes cast 62%31%0%8%
How each member voted (78)
Member Party Vote
Acosta — Nay
Bigelow — Nay
Bloom — Yea
Brough — Nay
Harper — Nay
Holden — Yea
Jones-Sawyer — Yea
Kiley — Nay
Levine — Yea
Maienschein — Nay
Mathis — Nay
Medina — Yea
Mullin — Yea
O'Donnell — Yea
Santiago — Yea
Chiu — Yea
Eggman — Yea
Cooper — Not Voting
Cunningham — Nay
Daly — Not Voting
Frazier — Yea
Gloria — Yea
Friedman — Yea
Burke — Yea
Kamlager-Dove — Yea
Low — Yea
Salas — Yea
McCarty — Yea
Gray — Yea
Gonzalez Fletcher — Yea
Chau — Yea
Chu — Yea
Nazarian — Yea
Quirk — Yea
Rendon — Yea
Rodriguez — Yea
Thurmond — Yea
Weber — Yea
Fong — Nay
Chávez — Nay
Baker — Nay
Cooley — Yea
Mayes — Nay
Melendez — Nay
Obernolte — Nay
Steinorth — Nay
Ting — Yea
Voepel — Nay
Waldron — Nay
Wood — Not Voting
Rubio — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Not Voting
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Not Voting
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Do pass as amended.

Passed 12 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 9301
Democratic 3000
Republican 0100
Total 12401
% of votes cast 71%24%0%6%
How each member voted (17)
Member Party Vote
Bigelow — Nay
Bloom — Yea
Brough — Not Voting
Obernolte — Nay
Eggman — Yea
Chau — Yea
Friedman — Yea
Gonzalez Fletcher — Yea
Fong — Nay
Nazarian — Yea
Quirk — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Nay

Official roll call →

Subjects

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Frequently asked questions

What does AB 2334 do?
Existing law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, within the Department of Industrial Relations, to compensate an employee for injuries sustained in the course of his or her employment. Existing law prohibits a person or public or private entity who is not a party to a claim for workers' compensation benefits from obtaining individually identifiable information, as defined, that is obtained or maintained by the division regarding that claim. Existing law permits, however, various state entities to use that information to carry out their duties. This bill would permit the Office of Self-Insurance Plans of the Department of Industrial Relations to use individually identifiable information as necessary to carry out its duties, as specified. Existing law requires, for purposes of the workers' compensation system, every employer except the state to secure the payment of compensation in one or more ways, including by securing from the Director of Industrial Relations a certificate of consent to self-insure either as an individual employer, or as one employer in a group of employers. Existing law requires all self-insured employers to file a self-insurer's annual report in a form prescribed by the director. Existing law requires the director to annually prepare an aggregated summary of all self-insured employer liability to pay compensation reported on the self-insured employers' annual reports, including a separate summary for public and private employer self-insurers, and requires the aggregated summaries to be made available to the public on the self-insurance section of the department's Internet Web site. This bill would authorize the director to publish information regarding the costs of administration, workers' compensation benefit expenditures, and solvency and performance of public self-insured employers' workers' compensation programs, as specified. Existing law gives the Division of Occupational Safety and Health, within the department, the power, jurisdiction, and supervision over every employment and place of employment in this state, which is necessary to adequately enforce and administer all laws requiring that employment and places of employment be safe, and requiring the protection of the life, safety, and health of every employee in that employment or place of employment. Existing law requires the division to enforce all occupational safety and health standards, as specified, and to issue a citation for a violation relating to those standards. Existing law prohibits the division from issuing a citation more than 6 months after the occurrence of the violation. This bill would provide that an occurrence, for purposes of issuing a citation or notice for a violation of specified provisions relating to recordkeeping requirements, including any implementing related regulations, continues until it is corrected, the division discovers the violation, or the duty to comply with the requirement that was violated no longer exists. Existing law requires an employer to furnish a place of employment that is safe and healthful for employees. Existing law requires an employer to file a report of every occupational injury or occupational illness, as defined, of each employee that results in lost time beyond the date of the injury or illness, and that requires medical treatment beyond first aid, with the Department of Industrial Relations, or in the case of an insured employer, with the insurer, on a form prescribed by the department. Under existing law, an employer who violates occupational safety and health provisions is guilty of a misdemeanor, except where another penalty is specifically provided. This bill would require the division to monitor the rulemaking and implementation of the United States Department of Labor's Occupational Safety and Health Administration's Improve Tracking of Workplace Injuries and Illnesses rule with respect to the electronic submission of workplace injury and illness data. The bill would also require the division, if the division determines that the Occupational Safety and Health Administration has eliminated or substantially diminished this federal submission requirement, within 120 days of the determination, to convene an advisory committee, as specified, to evaluate how to implement changes necessary to protect the goals of the Improve Tracking of Workplace Injuries and Illnesses rule, as specified. The bill would provide legislative findings and declarations in support of these provisions.
Who sponsors AB 2334?
AB 2334 is sponsored by Thurmond.
What is the current status of AB 2334?
This bill has been enacted into law. Introduced February 13, 2018. Enacted.
Where can I track AB 2334?
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