Proposition Summary

STATE OCCUPATIONAL SAFETY AND HEALTH PLAN. INITIATIVE STATUTE. Federal law permits states to enforce occupational safety and health standards in private sector employment pursuant to federally approved state plan. California has had such a state plan and has occupational safety laws regulating private and public employment. In 1987, the Governor took action to withdraw the plan and to reduce its funding. This measure requires funds to be budgeted for the state plan and requires steps be taken to prevent withdrawal of federal approval of the plan or, if withdrawn, to require submission of new plan. Other changes are made. Summary of Legislative Analyst's estimate of net state and local government fiscal impact: The cost to state government depends on the results of legal action on the issue of the State's present obligation to administer private sector enforcement. If it is held that the Governor legally terminated the private sector Cal-OSHA program, then, assuming the previous level of federal matching funds is made available, the annual net increase in General Fund costs could exceed $12 million, which would be offset by revenue from fines of approximately $1.6 million annually. If it is held that the State already has an obligation to administer the private sector program notwithstanding the Governor's action, then annual state General Fund costs could be approximately $700,000 to administer a mine inspection program.

Proposition Number

97

Year

1988

Document Type

Proposition

Pass/Fail

Pass

Popular Vote Results

Y: 4776182; A: 53.71; N: 4166102; B: 46.29

Election Type

General Election

Proposition Type

Initiative statute

Relevant Case

Cabrera v. Martin: 973 F.2d 735, 9th Cir. 1992; Industrial Truck Ass'n v. Henry: 909 F. Supp. 1368, S.D. Cal. 1995; California Labor Fed'n v. California Occupational Safety & Health Standards Bd.: 221 Cal. App. 3d 1547: 271 Cal. Rptr. 310, 1990

Code Sections Affected

Amended Cal. Lab. Code section 50.7, Added Cal. Lab. Code section 6303.5

For Author

John F. Henning, Executive Secretary-Treasurer, California Labor Federation, AFL-CIO; Michael Paparian, State Director, Sierra Club California; Laurens P. White, M.D., President, California Medical Association

Against Author

George Deukmejian, Governor; Robert Stranberg, Chief, State Division of Occupational Safety and Health; John Hay, Former President, California Chamber of Commerce

Rebuttal Author

George Deukmejian, Governor; Robert Stranberg, Chief, State Division of Occupational Safety and Health; John Hay, Former President, California Chamber of Commerce

Rebuttal Against Author

Carol Federighi, President, League of Women Voters of California; Hewitt F. Ryan, M.D., President, California Society of Industrial Medicine and Surgery; Ira Reiner, District Attorney of Los Angeles County

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