AB 685 — COVID-19: imminent hazard to employees: exposure: notification: serious violations.

Summary

(1) Existing law, the California Occupational Safety and Health Act of 1973 (OSHA) , requires the Division of Occupational Safety and Health, when, in its opinion, a place of employment, machine, device, apparatus, or equipment or any part thereof is in a dangerous condition, is not properly guarded, or is dangerously placed so as to constitute an imminent hazard to employees, to prohibit entry or use, as applicable, and to attach a conspicuous notice of that condition, as specified. OSHA requires that this prohibition be limited to the immediate area in which the imminent hazard exists. OSHA prohibits this notice from being removed except by an authorized representative of the division under certain conditions. OSHA makes a violation of this provision regarding dangerous conditions a crime. This bill would authorize the division, when, in its opinion, a place of employment, operation, or process, or any part thereof, exposes workers to the risk of infection with severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2, also known as COVID-19) , so as to constitute an imminent hazard to employees, to prohibit the performance of that operation or process, or entry into that place of employment. The bill would require the division to provide a notice thereof to the employer, to be posted in a conspicuous place at the place of employment. The bill would require such a prohibition to be limited to the immediate area in which the imminent hazard exists, as specified. The bill would require such a prohibition to be issued in a manner so as not to materially interrupt the performance of critical governmental functions essential to ensuring public health and safety functions or the delivery of electrical power or water. By expanding the scope of a crime, the bill would impose a state-mandated local program. This COVID-19 imminent hazard provision would be repealed on January 1, 2023. (2) 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, on a form prescribed by the department. Existing law requires an employer to immediately report a serious occupational injury, illness, or death to the division by telephone or email, as specified. This bill would require a public or private employer or representative of the employer, except as specified, that receives a notice of potential exposure to COVID-19 to provide specified notifications to its employees within one business day of the notice of potential exposure. The bill would require the employer to provide prescribed notice to all employees, and the employers of subcontracted employees, who were on the premises at the same worksite as a qualifying individual, as defined, within the infectious period, as defined, that they may have been exposed to COVID-19. The bill would require notice to the exclusive representative, if any, of notified employees. The bill would require an employer to provide those employees and any exclusive representative with certain information regarding COVID-19-related benefits and options. The bill would require an employer to notify all employees, the employers of subcontracted employees, and any exclusive representative on the disinfection and safety plan that the employer plans to implement and complete per the guidelines of the federal Centers for Disease Control. The bill would require an employer to maintain records of notifications for at least 3 years. The bill would provide for a specified civil penalty for an employer that violates the notification requirements. The bill would define additional terms for its purposes. The bill would require an employer, if the employer or representative of the employer is notified of the number of cases that meet the definition of a COVID-19 outbreak, as defined, within 48 hours, to report prescribed information to the local public health agency in the jurisdiction of the worksite. The bill would require an employer that has an outbreak to continue to give notice to the local health department of any subsequent laboratory-confirmed cases of COVID-19 at the worksite. The bill would exempt a health facility, as defined, from this reporting requirement. The bill would require the State Department of Public Health to make specified information on outbreaks publicly available on its internet website, as specified. The bill would require local public health departments and the division to provide a link to this page on its internet websites. By requiring additional duties from local public health departments, this bill would impose a state-mandated local program. (3) OSHA creates a rebuttable presumption that a "serious violation" exists in a place of employment if the division demonstrates that there is a realistic possibility that death or serious physical harm could result from the actual hazard created by the violation. OSHA requires the division, before issuing a citation alleging that a violation is serious, to make a reasonable attempt to determine and consider certain facts. This OSHA requirement is satisfied if the division sends, at least 15 days before issuing such a citation, a standardized form containing descriptions of the alleged violation the division intends to cite as serious and clearly soliciting the prescribed information. OSHA permits an employer to rebut the presumption, as prescribed, and establishes inferences that may be drawn at hearing with regard to information provided by an employer in rebuttal. This bill would exempt a citation alleging a serious violation relating to SARS-CoV-2 from the precitation standardized form provision and the rebuttal at hearing provision. This exemption would be repealed on January 1, 2023. (4) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. (5) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.

Bill Text

• Chaptered 09/17/20 - Chaptered Current pdf September 17, 2020
• Enrolled 09/04/20 - Enrolled pdf September 04, 2020
• Amended 08/25/20 - Amended Senate pdf August 25, 2020
• Amended 08/20/20 - Amended Senate pdf August 20, 2020
• Amended 06/29/20 - Amended Senate pdf June 29, 2020
• Introduced 02/15/19 - Introduced pdf February 15, 2019
• AB685 View text html

Action History

1. September 17, 2020

   Chaptered by Secretary of State - Chapter 84, Statutes of 2020.

2. September 17, 2020

   Approved by the Governor.

3. September 08, 2020

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

4. August 31, 2020

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 52. Noes 17. Page 5499.).

5. August 31, 2020

   Assembly Rule 63 suspended. (Ayes 57. Noes 16. Page 5498.)

6. August 31, 2020

   From committee: That the Senate amendments be concurred in. (Ayes 5. Noes 2.) (August 31).

7. August 30, 2020

   Joint Rule 62(a), file notice suspended. (Page 5372.)

8. August 30, 2020

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

9. August 30, 2020

   In Assembly. Concurrence in Senate amendments pending.

10. August 30, 2020

    Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 9.).

11. August 26, 2020

    Read second time. Ordered to third reading.

12. August 25, 2020

    Read third time and amended. Ordered to second reading.

13. August 24, 2020

    Read second time. Ordered to third reading.

14. August 20, 2020

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

15. August 20, 2020

    From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 20).

16. August 13, 2020

    In committee: Referred to APPR. suspense file.

17. August 06, 2020

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (August 5). Re-referred to Com. on APPR.

18. July 02, 2020

    Re-referred to Com. on L., P.E. & R.

19. June 30, 2020

    Re-referred to Com. on RLS.

20. June 30, 2020

    Withdrawn from committee.

21. June 29, 2020

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

22. June 18, 2019

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

23. June 06, 2019

    Referred to Com. on JUD.

24. May 24, 2019

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

25. May 23, 2019

    Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 1873.)

26. May 20, 2019

    Read second time. Ordered to third reading.

27. May 16, 2019

    From committee: Do pass. (Ayes 18. Noes 0.) (May 16).

28. April 24, 2019

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

29. April 02, 2019

    From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 12. Noes 0.) (April 2). Re-referred to Com. on APPR.

30. March 27, 2019

    From committee: Do pass and re-refer to Com. on JUD. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (March 26). Re-referred to Com. on JUD.

31. February 28, 2019

    Referred to Coms. on HUM. S. and JUD.

32. February 19, 2019

    From printer. May be heard in committee March 21.

33. February 15, 2019

    Read first time. To print.

Sponsors

• Eloise Gómez Reyes · Primary

Votes

Subjects