What is in AB 1127?
AB 1127, authored by Assembly member Steinberg, became law on January 1, 2000 (Chapter 615, Statutes of 1999) and made significant statutory, regulatory, and policy changes to the DOSH enforcement process and the California Labor Code (www.dir.ca.gov/dosh/ab1127memo.htm). The most significant changes include:
- AB 1127 added “representative of a government agency” to the list of persons entitled to file a complaint with DOSH when the agency believes that an employee’s place of work is unsafe (Labor Code §6309). An LEA is a government agency. Thus, an LEA may file a complaint with DOSH if it believes that working conditions at a solid waste facility are unsafe. This enhances the ability of LEAs to promote worker safety beyond that provided under the rescinded MOU, where an LEA could only refer a matter to DOSH.
- The new law added that DOSH will conduct investigations when a complaint is received from a government agency, which includes an LEA. The law specifically says that DOSH shall investigate complaints alleging that an employee’s “place of employment is not safe….as soon as possible, but not later than three working days after receipt of a complaint charging a serious violation, and not later than 14 calendar days after receipt of a complaint charging a non-serious violation" (Labor Code §6309).
- Revision to civil penalties for violation of occupational safety and health standard, order, or special order (Labor Code §6428).
- Redefined the definition of a serious violation (Labor Code §6432).
- Deletes the longstanding statutory exemption for governmental entities from imposition of DOSH civil penalties (Labor Code §6434).