Section 6717.1 is added to the Labor Code:
(A) Any employer who will be engaging in lead-related construction work, as defined in Title 8, CCR §1532.1(a)(1) through (a)(7)pursuant to Section 6717,shall apply for and obtain a registration from the Division prior to the commencement of any such work. The registration shall be valid for one year after the date of issuance by the Division.
(a)An application for registration shall include the following information and attachments, given under penalty of perjury:
1. Proof of any necessary certification required pursuant to Business and Professions Code §7058.5;
2. Proof of workers’ compensation insurance;
3.Proof of sufficient employee health insurance coverage to cover any costs of medical surveillance pursuant to Title 8, CCR §1532.1; and
4.Proof that all training and certification requirements for employees engaged in lead-related work pursuant to Title 8, CCR §1532.1 and Health and Safety Code 105250 have been completed.
5.Initial application fee to be determined by the Division.
(b)For purposes of the registration called for in this section “lead-related construction work” means and refers to work performed in the removal, demolition or abatement of existing materials and does not include the installation of new, previously unused construction materials.
(c)An employer is not required to obtain registration pursuant to this section if on a per job basis the amount of lead-containing materials to be disturbed by the employer is less than 100 square or linear feet, whichever is applicable.
(d)Within 15 business days of the receipt of the application, the Division shall inform the registration applicant that the application is acceptable or what is necessary to complete the form. The Division shall inform the applicant whether the application is granted, or if not, why, within 30 business days of the submission of a completed application.
(B) The Division may deny the issuance of a lead registration under the following conditions:
(a)Based on available facts, including the information provided by the employer in the application for registration, the employer has failed to show that the conditions, practices, means, methods, operations or processes used or proposed to be used will provide a safe and healthful place of employment. A relevant factor in the Division’s determination will be the employer’s compliance history with the Division. In denying the registration to an applicant employer, the Division shall immediately notify the employer, in writing, specifying the reasons for such denial and shall send a copy thereof to the Director.
(b)Any employer denied a registration by the Division may appeal such denial to the Director. The Director shall hold a hearing at such place designated by the Director or his authorized designee for the convenience of the attending parties within two working days of the employer’s appeal. Employer shall have the burden of establishing that it qualifies for the registration.
The hearing shall be presided by the Director or his authorized designee and shall also be open to employees or employees’ representative(s). The employer shall notify the employees or employees’ representative(s) of such hearing a reasonable time prior to the holding of such hearing. Proof of such notification by the employer shall be made at the hearing.
(c) Following the hearing, the Director shall issue a decision. The Director’s decision shall be final except for any rehearing of judicial review provided for by law. All requests for rehearings shall be filed with the Director within 10 days from the date of the Director’s decision.
(C)Prior to the commencement of lead-related work, the employer shall notify the nearest office of the Division with a written notification containing the following information:
(a)The address of the job;
(b)The precise physical location of the job at the given address;
(c) The projected starting and completion dates;
(d)The name of the certified supervisor who has sufficient experience and authority and who will be responsible for the lead-related work activity;
(e)The name of the person who will be responsible for conducting air sampling, calibration of air sampling equipment, evaluation of sampling results, and respiratory fit testing, as well as the evaluation of those tests; and
(f)A description of the type of work to be performed, work practices that will be utilized, and an evaluation of the potential for exposure.
(D)When circumstances require immediate action, the employer shall notify the nearest office of the Division by telephone, fax or e-mail of the start of work and provide the information required in Subsection (C) within 24 hours.
(E)Prior to the commencement of lead-related work, the employer shall do the following:
(a)The employer shall post appropriate signage at the location of the lead-related construction work.
(b)The employer shall conduct a safety conference prior to the commencement of any lead-related work. The conference shall address the requirements of the Lead Standard, the employer’s safety program, and the process or practice to be used at the project in question. The conference shall include representatives of the union or contracting agency, the contractor, the employer, employees, and employee representative(s).
(F)The Division shall issue the following penalties for violations of this chapter:
(a)Failure to register pursuant to subsection (A) shall be punishable by a fine of $5,000.00.
(b)Failure to notify the Division of the commencement of lead-related construction work pursuant to subsections (C) or (D) shall be punishable by a fine of $1,000.00 a day, not to exceed $10,000, until notification to the Division is received.
(c)Failure to complete the requirements in subsection (E) shall be punishable by a fine of $1,000.00 a day, not to exceed $10,000, until compliance with this subsection.
(d) A second or subsequent violation of subsections (A), (C), (D) or (E) shall be punishable by a fine not to exceed twenty thousand dollars ($20,000) and any applicable fines above.
(e) Any penalties under this section shall be in addition to any other penalty or remedy provided by law.
(f)It is a defense to an action for violation of this section if the owner, contractor, employer, public agency, or agent thereof, proves, by a preponderance of the evidence, that he or she made a reasonable effort to determine whether lead was present.
(G)The Division may, at any time, upon a showing of good cause and after notice and an opportunity to be heard, revoke or suspend any registration issued pursuant to this regulation.
(a)Notice shall be in writing and served upon the employer at least 24 hours in advance of the hearing. Service shall be by personal service or certified mail to the employer’s address as shown on the registration application form. The notice shall specify the reasons for the action taken by the Division in order that the employer may prepare for the hearing. The Division shall also include within the notice of revocation or suspension specific conditions which must be met before the employer will be entitled to apply for a new registration or continue lead-related work under an existing registration.
(b)The hearing shall be held as soon as possible at the Division’s headquarter offices or at such other location as may be designated by the Director and shall be presided by the Chief of the Division or his authorized designee and shall also be open to any affected employees or their representatives.
The employer shall notify the employees or employees’ representative(s), a reasonable time prior to such hearing. Proof of such notification by the employer shall be made at the hearing.
(c) At the hearing the Division shall establish good cause for the action taken by it. Good cause is deemed to exist if the Division established that the employer has failed to comply with the requirements of the issuance of the registration, and that to permit the continuance of the lead-related work activity under the circumstances could cause serious injury or illness to employees.
The employer may appeal such revocation or suspension to the Director in the same manner specified in subsection (B)(b)(c).The filing of an appeal shall not stay the revocation or suspension, and such action shall remain in effect until such time as the employer presents proof that the specified written conditions required by the Division are met or until otherwise ordered after resolution of the appeal.
(H)The Division shall implement this section no later than March, 31, 2008. Employers engaged in lead related construction work who are required to comply with this section shall have six months from the date of the implementation of the section to comply with the requirements set forth in this section.
(I)Employers engaged in lead related construction work must file an annual renewal with the Division at least 30 days before the expiration date of a current registration along with a renewal fee of ______.