Occupational safety and health: local public entities: penalty moneys: grants.

Existing law requires the Commission on Health and Safety and Workers' Compensation in the Department of Industrial Relations to review and approve applications from employers and employee organizations, as well as applications submitted jointly by an employer organization and an employee organization, for grants to assist in establishing effective occupational injury and illness prevention programs, as specified. Existing law requires certain civil and administrative penalties relating to workers' compensation to be deposited in the Workers' Compensation Administration Revolving Fund. Existing law authorizes the department to expend these funds upon approval by the commission, and upon appropriation from the fund by the Legislature, to fund the above-described grants and other activities and expenses of the commission. Existing law requires any civil or administrative penalty assessed pursuant to the California Occupational Safety and Health Act of 1973 against a school district, county board of education, county superintendent of schools, charter school, community college district, California State University, University of California, or joint powers agency performing education functions to be deposited with the Workplace Health and Safety Revolving Fund. Existing law authorizes these entities to apply for a refund of the civil penalties assessed against them if specified conditions are met. Existing law requires moneys in the fund that are not refunded to be expended as provided for in the above-described grant provisions to assist schools in establishing effective occupational injury and illness prevention programs. This bill would, instead, require any civil or administrative penalty assessed pursuant to the California Occupational Safety and Health Act of 1973 against a school district, county board of education, county superintendent of schools, charter school, community college district, California State University, University of California, or joint powers agency performing education functions to be deposited with the Workers' Compensation Administration Revolving Fund. In addition, the bill would require any civil or administrative penalty assessed pursuant to the California Occupational Safety and Health Act of 1973 against a city, county, city and county, special district, public authority, public agency, joint powers agency or authority to be deposited with the Workers' Compensation Administration Revolving Fund. The bill would authorize these local public entities to apply for a refund of the civil penalties assessed against them if specified conditions are met. The bill would require moneys in the fund that are not refunded to be expended as provided for in the above-described grant provisions to assist these local public entities, regardless of whether any penalty has been assessed against them, in establishing and maintaining effective occupational injury and illness prevention programs. This bill would add funding the above-described grants to the list of purposes for which moneys in the Workers' Compensation Administration Revolving Fund may be expended. This bill would make other nonsubstantive changes to these provisions. Existing law, the Labor Code Private Attorneys General Act of 2004, allows aggrieved employees to bring civil actions to recover penalties for violations of the Labor Code if the Labor and Workforce Development Agency or its departments, divisions, commissions, boards, agencies, or employees do not do so. The penalties collected in these actions are distributed 75% to the agency to be continuously appropriated for purposes of enforcement and education and 25% to the aggrieved employee, except as specified. This bill would provide that the above provisions pertaining to civil or administrative penalties assessed pursuant to the California Occupational Safety and Health Act of 1973 shall not apply to that portion of any civil or administrative penalty that is distributed directly to an aggrieved employee pursuant to the above-described provisions.