AB 2895 — Employee safety: injury prevention programs.
Last action — Ordered to inactive file at the request of Senator Lara.
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✓Introduced
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✓In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment.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
- Amended 08/02/16 - Amended Senate Current pdf August 02, 2016
- Amended 06/14/16 - Amended Senate pdf June 14, 2016
- Amended 05/31/16 - Amended Assembly pdf May 31, 2016
- Amended 04/13/16 - Amended Assembly pdf April 13, 2016
- Amended 04/06/16 - Amended Assembly pdf April 06, 2016
- Introduced 03/01/16 - Introduced pdf March 01, 2016
- AB2895 View text html
Action History
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Ordered to inactive file at the request of Senator Lara.
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Read second time and amended. Ordered to third reading.
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From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and be amended.
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (June 22). Re-referred to Com. on APPR.
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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.
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Referred to Com. on L. & I.R.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Passed. Ordered to the Senate. (Ayes 44. Noes 30. Page 5248.)
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Read second time. Ordered to third reading.
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Read second time and amended. Ordered returned to second reading.
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From committee: Amend, and do pass as amended. (Ayes 14. Noes 6.) (May 27).
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In committee: Set, first hearing. Referred to APPR. suspense file.
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 20). Re-referred to Com. on APPR.
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Re-referred to Com. on L. & E.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.
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Re-referred to Com. on L. & E.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.
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Referred to Com. on L. & E.
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From printer. May be heard in committee April 1.
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Read first time. To print.
Sponsors
- Roger Hernández · Primary
Sponsorship breakdown
Export CSV (upgrade) →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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 1 | 0 | 0 | 0 |
| Unaffiliated | 3 | 1 | 0 | 0 |
| Total | 4 | 1 | 0 | 0 |
| % of votes cast | 80% | 20% | 0% | 0% |
How each member voted (5)
| Member | Party | Vote |
|---|---|---|
| Leno | — | Yea |
| Mitchell | — | Yea |
| Mendoza | — | Yea |
| Mark Stone | — | Nay |
| Jackson, Corey A. | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 25 | 0 | 5 |
| Democratic | 4 | 1 | 0 | 0 |
| Republican | 0 | 4 | 0 | 1 |
| Total | 44 | 30 | 0 | 6 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 12 | 4 | 0 | 0 |
| Democratic | 2 | 0 | 0 | 0 |
| Republican | 0 | 2 | 0 | 0 |
| Total | 14 | 6 | 0 | 0 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 2 | 0 | 0 |
| Total | 5 | 2 | 0 | 0 |
| % of votes cast | 71% | 29% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Thurmond | — | Yea |
| Chu | — | Yea |
| Linder | — | Nay |
| McCarty | — | Yea |
| O'Donnell | — | Yea |
| Jim Patterson | — | Nay |
| Roger Hernández | — | Yea |
Subjects
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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