A California Chamber of Commerce-opposed bill that would have increased costs and undermined due process for appealing workplace safety citations has been vetoed by the Governor.
AB 1165 (Skinner; D-Berkeley) proposed a costly double-appeal process for workplace safety citations that presumed guilt for employers and undermined due process with regards to citations for workplace safety violations.
The bill, was unnecessary in light of recently adopted regulations for an expedited appeals process for these situations. Current law provides for a stay of abatement for issues on appeal regarding citations for workplace safety violations.
AB 1165 required employers to abate safety hazards for which they have been cited before the due process of an appeal. In other words, while the employer exercised its right to contest the existence of a violation, the Division of Occupational Safety and Health (Cal/OSHA) under AB 1165 could have ordered the employer to fix the alleged violative condition before the Cal/OSHA Appeals Board determines whether that condition even exists.
More information can be found at CalChamber.com
Source: Fullerton Chamber of Commerce