California 2017-2018 Regular Session Status: To Executive 1 D cosponsors

AB 978 — Employment safety: injury and illness prevention program.

Last action — Stricken from file.

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

This bill died with 2017-2018 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Existing law, the California Occupational Safety and Health Act of 1973, establishes certain safety and other responsibilities of employers and employees. Violations of the act under certain circumstances are a crime. Under existing law, the Division of Occupational Safety and Health enforces and administers the act's provisions. The act requires the division to issue a citation to an employer for specified violations of the act's provisions, as provided. Existing law requires every employer to establish, implement, and maintain an effective injury prevention program. Existing law requires the program to be written, except as specified, and to include certain elements. Existing law requires the employer to identify a person responsible for implementing the program and to correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard. This bill would require an employer who receives a written request for a paper or electronic copy of the written injury prevention program from a current employee, or his or her authorized representative, to comply with the request as soon as practicable, but no later than 10 business days from the date the employer receives the request. The bill would require the employer to provide the copy of the written injury prevention program free of charge. The bill would authorize the employer to take reasonable steps to verify the identity of a current employee or his or her authorized representative and to designate the person to whom a request is to be made. The bill would authorize the assertion of impossibility of performance, as specified, as an affirmative defense by an employer in any complaint alleging a violation of these new provisions. Because a violation of these provisions would be a crime under certain circumstances, the 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. Stricken from file.

  2. Consideration of Governor's veto pending.

  3. Vetoed by Governor.

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

  5. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 46. Noes 28. Page 3124.).

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 8 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 24. Noes 13. Page 2504.).

  8. Read second time. Ordered to third reading.

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

  10. Read second time. Ordered to third reading.

  11. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  12. From committee: Do pass and re-refer to Com. on APPR. (Ayes 3. Noes 1.) (June 28). 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 Com. on L. & I.R.

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

  16. Read third time. Passed. Ordered to the Senate. (Ayes 46. Noes 26. Page 1885.)

  17. Read third time and amended. Ordered to third reading. (Ayes 49. Noes 23. Page 1706.)

  18. Read second time. Ordered to third reading.

  19. From committee: Do pass. (Ayes 11. Noes 4.) (April 26).

  20. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (March 29). Re-referred to Com. on APPR.

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

  22. From printer. May be heard in committee March 19.

  23. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 17 voted No

Sponsors (1)

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.

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Votes

AB 978 LIMÓN Concurrence in Senate Amendments

Passed 46 Yea · 28 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 332104
Democratic 13200
Republican 0501
Total 462805
% of votes cast 58%35%0%6%
How each member voted (79)
Member Party Vote
Acosta — Nay
Baker — Nay
Bigelow — Nay
Bloom — Yea
Brough — Nay
Holden — Yea
Levine — Yea
Mathis — Nay
Mullin — Yea
O'Donnell — Not Voting
Obernolte — Nay
Ridley-Thomas — Yea
Steinorth — Nay
Voepel — Nay
Burke — Not Voting
Gonzalez Fletcher — Yea
Bocanegra — Yea
Rubio — Yea
Friedman — Yea
Fong — Nay
Salas — Nay
Harper — Nay
Jones-Sawyer — Yea
Kiley — Nay
Low — Yea
Chiu — Yea
Maienschein — Nay
Chu — Yea
Chávez — Nay
Cooper — Yea
Mayes — Nay
McCarty — Yea
Medina — Yea
Melendez — Nay
Nazarian — Yea
Quirk — Yea
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Thurmond — Yea
Ting — Yea
Waldron — Nay
Weber — Yea
Wood — Yea
Gray — Not Voting
Chau — Yea
Eggman — Yea
Cooley — Not Voting
Cunningham — Nay
Dababneh — Nay
Daly — Yea
Frazier — Yea
Gloria — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Nay
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Nay
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 Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Nay
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 →

3rd Reading AB978 Limón By Jackson

Passed 24 Yea · 13 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 201203
Democratic 4100
Total 241303
% of votes cast 60%33%0%8%
How each member voted (40)
Member Party Vote
Anderson — Nay
Beall — Yea
Bradford — Yea
Hernandez — Yea
Monning — Yea
Moorlach — Nay
Newman — Yea
Roth — Not Voting
Wilk — Nay
Cannella — Nay
Allen — Yea
De León — Yea
Galgiani — Not Voting
Dodd — Yea
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Glazer — Yea
Hertzberg — Not Voting
Hill — Yea
Bates — Nay
Hueso — Yea
Lara — Yea
Leyva — Yea
Mendoza — Yea
Morrell — Nay
Nielsen — Nay
Pan — Yea
Skinner — Yea
Vidak — Nay
Wieckowski — Yea
Fuller — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
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 →

AB 978 LIMÓN Assembly Third Reading

Passed 46 Yea · 26 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 341805
Democratic 12301
Republican 0502
Total 462608
% of votes cast 58%33%0%10%
How each member voted (80)
Member Party Vote
Acosta — Nay
Bigelow — Nay
Bloom — Yea
Brough — Nay
Harper — Nay
Jones-Sawyer — Yea
Low — Yea
Mathis — Nay
Medina — Yea
Nazarian — Yea
Rendon — Yea
Santiago — Yea
Steinorth — Nay
Voepel — Nay
Wood — Yea
Rodriguez — Yea
Gonzalez Fletcher — Yea
Chau — Yea
Burke — Yea
Eggman — Not Voting
Bocanegra — Yea
Rubio — Yea
Frazier — Yea
Friedman — Yea
Salas — Nay
Gomez — Yea
Holden — Yea
Kiley — Nay
Levine — Yea
Maienschein — Nay
Mayes — Nay
McCarty — Yea
Gray — Not Voting
Baker — Nay
Chiu — Yea
Chu — Yea
Chávez — Nay
Cooley — Not Voting
Melendez — Not Voting
Mullin — Yea
O'Donnell — Yea
Obernolte — Nay
Quirk — Yea
Ridley-Thomas — Yea
Thurmond — Yea
Ting — Yea
Waldron — Nay
Weber — Yea
Cooper — Not Voting
Cunningham — Nay
Dababneh — Nay
Daly — Yea
Gloria — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Travis Allen — Nay
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Nay
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Fong, Mike Democratic Nay
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Nay
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 Not Voting
Dahle, Megan Republican Nay
Flora, Heath Republican Not Voting
Gallagher, James Republican Nay
Lackey, Tom Republican Nay
Patterson, Joe Republican Nay

Official roll call →

AB 978 LIMÓN Assembly Third Reading Amend By LIMÓN Set #1

Passed 49 Yea · 23 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 361506
Democratic 13102
Republican 0700
Total 492308
% of votes cast 61%29%0%10%
How each member voted (80)
Member Party Vote
Acosta — Nay
Baker — Nay
Bigelow — Nay
Bloom — Yea
Brough — Nay
Harper — Nay
Jones-Sawyer — Yea
Maienschein — Nay
Mathis — Nay
Nazarian — Yea
Thurmond — Yea
Weber — Yea
Eggman — Not Voting
Salas — Not Voting
Ridley-Thomas — Not Voting
Steinorth — Not Voting
Waldron — Not Voting
Gonzalez Fletcher — Yea
Burke — Yea
Gray — Yea
Friedman — Yea
Bocanegra — Yea
Rubio — Yea
Gloria — Yea
Gomez — Yea
Holden — Yea
Kiley — Nay
Levine — Yea
Low — Yea
Mayes — Nay
Chau — Not Voting
McCarty — Yea
Medina — Yea
Chiu — Yea
Chu — Yea
Chávez — Nay
Cooley — Yea
Melendez — Nay
Mullin — Yea
O'Donnell — Yea
Obernolte — Nay
Quirk — Yea
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Ting — Yea
Voepel — Nay
Wood — Yea
Cooper — Yea
Cunningham — Nay
Dababneh — Yea
Daly — Yea
Frazier — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Travis Allen — Nay
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Not Voting
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Nay
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 Not Voting
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
Patterson, Joe Republican Nay

Official roll call →

Do pass.

Passed 11 Yea · 4 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 8301
Democratic 3100
Republican 0001
Total 11402
% of votes cast 65%24%0%12%
How each member voted (17)
Member Party Vote
Bigelow — Nay
Bloom — Yea
Brough — Nay
Chau — Yea
Gonzalez Fletcher — Yea
McCarty — Yea
Bocanegra — Yea
Obernolte — Nay
Gray — Not Voting
Eggman — Yea
Friedman — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Fong, Mike Democratic Nay
Muratsuchi, Al Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Not Voting

Official roll call →

Subjects

public-safety labor
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Frequently asked questions

What does AB 978 do?
Existing law, the California Occupational Safety and Health Act of 1973, establishes certain safety and other responsibilities of employers and employees. Violations of the act under certain circumstances are a crime. Under existing law, the Division of Occupational Safety and Health enforces and administers the act's provisions. The act requires the division to issue a citation to an employer for specified violations of the act's provisions, as provided. Existing law requires every employer to establish, implement, and maintain an effective injury prevention program. Existing law requires the program to be written, except as specified, and to include certain elements. Existing law requires the employer to identify a person responsible for implementing the program and to correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard. This bill would require an employer who receives a written request for a paper or electronic copy of the written injury prevention program from a current employee, or his or her authorized representative, to comply with the request as soon as practicable, but no later than 10 business days from the date the employer receives the request. The bill would require the employer to provide the copy of the written injury prevention program free of charge. The bill would authorize the employer to take reasonable steps to verify the identity of a current employee or his or her authorized representative and to designate the person to whom a request is to be made. The bill would authorize the assertion of impossibility of performance, as specified, as an affirmative defense by an employer in any complaint alleging a violation of these new provisions. Because a violation of these provisions would be a crime under certain circumstances, the 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 978?
AB 978 is sponsored by Limón, Monique (Democratic).
What is the current status of AB 978?
This bill died with 2017-2018 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 978?
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