California 2015-2016 Regular Session Status: Passed Assembly

AB 2895 — Employee safety: injury prevention programs.

Last action — Ordered to inactive file at the request of Senator Lara.

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

This bill died with 2015-2016 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

The California Occupational Safety and Health Act of 1973 establishes certain safety and other responsibilities of employers and employees. 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. The act requires every employer to establish, implement, and maintain an effective injury prevention program. The act requires the program to be written, except as specified, and to include certain elements. The act 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, commencing July 1, 2017, would require an employer to keep a complete, updated copy of the written injury prevention program at each worksite with 3 or more employees and to make it available to any employee upon oral request. The bill would require the worksite copy to be in English and in the language spoken by the majority of the employees at the worksite, as specified. The bill would also require an employer to inform each employee and each new hire of the availability of, and of the employee's rights with respect to inspecting and receiving, a copy of the written injury prevention program, as specified. This bill also would require an employer who receives a written request for a copy of the written injury prevention program from a current employee, or his or her authorized representative, to comply within 5 business days and to provide the copy at no cost. The bill would entitle an employee to injunctive relief if an employer has not timely responded to a written request for a complete copy of the written injury prevention program and has failed to comply with the employee's subsequent written demand for compliance unless the division has cited the employer for failing to comply before the employee undertakes the action seeking injunctive relief.

Bill Text

Action History

  1. Ordered to inactive file at the request of Senator Lara.

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

  3. From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and be amended.

  4. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (June 22). Re-referred to Com. on APPR.

  5. 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.

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

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

  8. Read third time. Passed. Ordered to the Senate. (Ayes 44. Noes 30. Page 5248.)

  9. Read second time. Ordered to third reading.

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

  11. From committee: Amend, and do pass as amended. (Ayes 14. Noes 6.) (May 27).

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

  13. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 20). Re-referred to Com. on APPR.

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

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

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

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

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

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

  20. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 9 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.

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 44 Yea · 30 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 402505
Democratic 4100
Republican 0401
Total 443006
% of votes cast 55%38%0%8%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Baker — Nay
Bigelow — Nay
Bloom — Yea
Brough — Nay
Brown — Yea
Harper — Nay
Linder — Nay
Maienschein — Nay
Mathis — Nay
Quirk — Yea
Santiago — Yea
Ting — Yea
Waldron — Nay
Weber — Yea
Eggman — Not Voting
Frazier — Nay
Gatto — Yea
Gordon — Yea
Burke — Yea
Bonilla — Yea
Holden — Yea
Jones-Sawyer — Yea
Levine — Yea
Low — Yea
Lopez — Yea
McCarty — Yea
Medina — Yea
Mullin — Yea
O'Donnell — Yea
Atkins — Yea
Campos — Yea
Chau — Yea
Chiu — Yea
Cooper — Yea
Dababneh — Yea
Dodd — Yea
Rendon — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Thurmond — Yea
Williams — Yea
Salas — Nay
Gray — Nay
Chang — Nay
Chu — Yea
Chávez — Nay
Cooley — Nay
Daly — Not Voting
Kim — Nay
Mayes — Nay
Melendez — Nay
Nazarian — Not Voting
Obernolte — Nay
Olsen — Nay
Steinorth — Nay
Wagner — Nay
Wilk — Nay
Wood — Yea
Gomez — Yea
Hadley — Not Voting
Beth Gaines — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Nay
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Not Voting
Lackey, Tom Republican Nay

Official roll call →

Do pass as amended.

Passed 14 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 12400
Democratic 2000
Republican 0200
Total 14600
% of votes cast 70%30%0%0%
How each member voted (20)
Member Party Vote
Bloom — Yea
Quirk — Yea
Wood — Yea
Eggman — Yea
Bonilla — Yea
Chang — Nay
Daly — Yea
Bigelow — Nay
Holden — Yea
Obernolte — Nay
Santiago — Yea
Wagner — Nay
Weber — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Roger Hernández — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Subjects

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Frequently asked questions

What does AB 2895 do?
The California Occupational Safety and Health Act of 1973 establishes certain safety and other responsibilities of employers and employees. 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. The act requires every employer to establish, implement, and maintain an effective injury prevention program. The act requires the program to be written, except as specified, and to include certain elements. The act 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, commencing July 1, 2017, would require an employer to keep a complete, updated copy of the written injury prevention program at each worksite with 3 or more employees and to make it available to any employee upon oral request. The bill would require the worksite copy to be in English and in the language spoken by the majority of the employees at the worksite, as specified. The bill would also require an employer to inform each employee and each new hire of the availability of, and of the employee's rights with respect to inspecting and receiving, a copy of the written injury prevention program, as specified. This bill also would require an employer who receives a written request for a copy of the written injury prevention program from a current employee, or his or her authorized representative, to comply within 5 business days and to provide the copy at no cost. The bill would entitle an employee to injunctive relief if an employer has not timely responded to a written request for a complete copy of the written injury prevention program and has failed to comply with the employee's subsequent written demand for compliance unless the division has cited the employer for failing to comply before the employee undertakes the action seeking injunctive relief.
Who sponsors AB 2895?
AB 2895 is sponsored by Roger Hernández.
What is the current status of AB 2895?
This bill died with 2015-2016 Regular Session. It reached “Passed Assembly” 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 2895?
Track AB 2895 free on One Click Politics — get push/email alerts when it moves.

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