Copyright© 1999 by School Services of California, Inc.

October 15, 1999

Cal-OSHA Legislation Affects Community Colleges

Legislation that is intended to strengthen California's occupational safety and health programs by increasing civil and criminal penalties for willful, serious and repeated violations for occupational safety and health standards was signed into law by Governor Davis. The measure, AB 1127 authored by Assemblymember Steinberg (D-Sacramento) provides that willful violation of such standards leading to death or permanent or prolonged injury of an employee may be prosecuted as a misdemeanor or felony.

Highlights of The New Law

• Reduces from one year to six months the period of time for an employee to file an administrative compliant with the Labor Commissioner relating to discharge or discrimination for the exercise of specified rights under the Labor Code.
  
• Clarify that OSHA statutes and regulations, but not citations or orders may be admitted into evidence, in the same manner as other statutes and regulations. Prohibit the testimony of OSHA employees as expert witnesses.
  
• Require the Division of Occupational Safety and Health to investigate a complaint of a serious violation by a state or local prosecutor within 24 hours.
  
• Delete provisions, which would have authorized the Division to cite an employer for a violation of any statutory provisions of the Labor Code division relating to occupational safety and health.
  
• Delete provisions requiring, under specified circumstances, an employer to abate a cited hazard prior to an appeal hearing on the citation.
  
• Deletes provisions requiring the Division to use any past violation by an employer occurring anywhere within the state during the previous five years to establish a repeat violation and as evidence of willfulness.

How Are Community Colleges Affected?

AB 1127 provides that if a community college district is assessed any civil or administrative penalty, the fine shall be deposited with the Workplace Health and Safety Revolving Fund established by the legislation. Further, any community college district may apply for a refund of their civil penalty, with interest, if all conditions previously cited have been abated, or they have abated any other outstanding citation, or they have not been cited within two years of the date of the original violation.

If a local government entity, including K-12 schools, community colleges and four-year institutions do not apply for refunds within two years and six months of the time of the original violation, those funds shall be expended to assist public educational institutions in establishing effective occupational injury and illness prevention programs.

Was AB 1127 Needed?

The supporters of AB 1127, including Attorney General Bill Lockyer and various labor organizations believe that existing law, prior to AB 1127 was not strong enough. Previously, the violation of a safety standard causing death or permanent or prolonged injury was a crime, but could only be prosecuted as a misdemeanor with a $70,000 maximum penalty. They argue that these penalties are inadequate to deal with the worst offenders and are not comparable to laws that protect animals and the environment. AB 1127 does not change any existing Cal-OSHA safety or health standards. Its provisions are primarily related to the enforcement of existing standards.

-- Arnold Bray