State Occupational Safety And Health Plan.

Transcription

1 University of California, Hastings College of the Law UC Hastings Scholarship Repository Initiatives California Ballot Propositions and Initiatives State Occupational Safety And Health Plan. Follow this and additional works at: Recommended Citation State Occupational Safety And Health Plan. California Initiative 421 (1987). This Initiative is brought to you for free and open access by the California Ballot Propositions and Initiatives at UC Hastings Scholarship Repository. It has been accepted for inclusion in Initiatives by an authorized administrator of UC Hastings Scholarship Repository. For more information, please contact

2 1421 Office of the Secretary of State March Fong Eu Executive Office (916) J Street Sacramento, California May 24, 1988 TO: All County Clerks/Registrars of Voters (88143) Pursuant to Section 3523 of the Elections Code, I hereby certify that on May 24, 1988 the certificates received from the County Clerks or Registrars of Voters by the Secretary of State established that the Initiative Statute, STATE OCCUPATIONAL SAFETY AND HEALTH PLAN, has been signed by the requisite number of qualified electors needed to declare the petition sufficient. The STATE OCCUPATIONAL SAFETY AND HEALTH PLAN. INITIATIVE STATUTE is, therefore, qualified for the November 8, 1988 General Election. 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be budgeted for the state plan and requires steps be taken to prevent withdrawal of federal approval of the plan or, if withdrawn, to require submission of new plan.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 estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: 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 State already has an obligation to administer the private sector program notwithstanding the Governor's action, then annual state General Fund costs would be approximately $600,000 to administer a mine inspection program, offset by minor annual revenue from fines collected. If it is held the State has no obligation to administer the program independent of this measure, then, assuming the previous level of federal matching funds is made available, annual General Fund costs would be approximately $8.4 million, which would be offset by revenue from fines of approximately $1.6 million annually. MFE/I/gw Sincerely, ~~~ MARCH FONG EU I

3 11421 Office of the Secretary of State 1230 J Street March Fong Eu Sacramento, California Elections Division (916) TDD: (800) December 4, 1987 TO ALL REGISTRARS OF VOTERS, OR COUNTY CLERKS, AND PROPONENT (87107) Pursuant to Section 3513 of the Elections Code, we transmit herewith a copy of the Title and Summary prepared by the Attorney General on a proposed Initiative Measure entitled: Circulating and Filing Schedule STATE OCCUPATIONAL SAFETY AND HEALTH PLAN. INITIATIVE STATUTE. 1. Minimum number of signatures required 372,178 Cal. Const., Art. II, Sec. B(b). 2. Official Summary Date Friday, 12/04/87 Elec. C., Sec Petition Sections: a. First day Proponent can circulate Sections for signatures Friday, 12/0~/B7 Elec. C., Sec b. Last day Proponent can circulate and file with the county. All Sections are to be filed at the same time within each county Monday, 05/02/88 Elec. C., Secs. 3513, 3520(a). c. Last day for county to determine total number of signatures affixed to petition and to transmit total to the Secretary of State Thursday, 05/09/88 (If the Proponent files the petition with the county on a date prior to 05/02/88, the county has five working days from the filing of the petition to determine the total number of signatures affixed to the petition and to transmit the total to the Secretary of State.) Elec. C., Sec. 3520(b). + PLEASE NOTE: To the Proponent who may wish to qualify for the November 8, 1988 General Election. The law allows approximately 85 days for county election officials to check and report petition signatures and transmit results. The law also requires that this process be completed 131 days before the election in which the people will vote on the initiative. It is possible that the county may not need precisely 85 days. But if you want to be sure that this initiative qualifies for the November B, 1988 General Election, you should file this petition with the county before April 6, 1988.

4 STATE OCCUPATIONAL SAFETY AND HEALTH PLAN. INITIATIVE STATUTE. Page 2 December 4, 1987 d. Secretary of State determines whether the total number of signatures filed with all county clerks meets the minimum number of required signatures, and notifies the counties. Monday, 05/16/88*. e. Last day for county to determine total number of qualified voters who signed the petition, and to transmit certificate with a blank copy of the petition to the Secretary of State Tuesday, 05/31/88 (If the Secretary of State notifies the county to determine the number of qualified voters who signed the petition on a date other than 05/09/88 the last day is not later than the fifteenth day after the county's receipt of notification.) Elec. C., Sec. 3520(d}, (e). f. If the signature count is more than 409,395 or less than 353,569, then the Secretary of State certifies the petition has qualified or failed, and notifies the counties. If the signature count is between 353,569 and 409,395 inclusive, then the Secretary of State notifies the counties using the random sampling technique to determine the validity of all signatures Wednesday, 06/08/88** g. Last day for county to determine actual number of all qualified voters who signed the petition, and to transmit certificate with a blank copy of the petition to the Secretary of State Thursday, 07/21/38 (If the Secretary of State notifies the county to determine the number of qualified voters who have signed the petition on a date other than 05/31/88, the last day is not later than the thirtieth working day after county's receipt of notification.) Elec. C., Sec. 3521(b), (c). h. Secretary of State certifies whether the petition has been signed by the number of qualified voters required to declare the petition sufficient Sunday, 07/24/88 -Date varies based on receipt of county certification.

5 STATE OCCUPATIONAL SAFETY AND HEALTH PLAN. INITIATIVE STATUTE. Page 3 December 4, The Proponent of the above named measure are: John F. Henning Executive Secretary-Treasurer California Labor Federation 411 Montgomery Street, Suite 300 San Francisco, California (415) Sincerely,... " -1 /~~;r~(:f7~ ~~DEBORAH SEILER Assistant to the Secretary of State Elections and Political Reform L' NOTE TO PROPONENT: Your attention is directed to Elections Code Sections 41, 44, 3501, 3507, 3508, 3516, 3511, and 3519 for appropriate format and type considerations in printing, typing, and otherwise preparing your initiative petition for circulation and signatures. Your attention is further directed to the campaign disclosure requirements of the Political Reform Act of 1914, Government Code Section et seq. Attachment: POLITICAL REFORM ACT OF 1914 REQUIREMENTS 12/04/81

6 ,;..,~.., ~ i JOHN K. VAN DE KAMP Attorney General December 4, 1987 State of California DEPARTMENT OF JUSTICE 1515 K STREET, SUITE 511 P,O, BOX SACRAMENTO (916) (916) Honorable March Fong Eu Secretary of State 1230 J Street Sacramento, California Dear Mrs. Eu: Initiative Title and Summary. Subject: STATE OCCUPATIONAL SAFETY AND HEALTH PLAN. INITIATIVE STATUTE. Our File No.: SA 87 RF 0031 FILE 0 In the office of the Secretary of Sr:;r", of the Slota of California DEC Pursuant to the provisions of sections 3503 and 3513 of the Elections Code, you are hereby notified that on this day we mailed to the proponents(s) of the above identified proposed initiative our title and summary. Enclosed is a copy of our transmittal letter to the proponent(s), a copy of our title and summary, a declaration of mailing thereof, and a copy of the proposed measure. According to information available in our records, the name(s) and address(es) of the proponent(s) is as stated on the declaration of mailing. Very truly yours, JOHN K. VAN DE KAMP Attorney General ~ON' Supervising Deputy Attorney General PHD:kca Enclosures

7 Date: December 4, 1987 File No.: SA 87 RF 0031 {.~.>~ "'"! ~ -. The Attorney General of California has prepared the following title and summary of the chief purpose and points of the proposed measure: 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 estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: 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 State already has an obligation to administer the private sector program notwithstanding the Governor's action, then annual state General Fund costs would be approximately $600,000 to administer a mine inspection program, offset by minor annual revenue from fines collected. If it is held the State has no obligation to administer the program independent of this measure, then, assuming the previous level of federal matching funds is made available, annual General Fund costs would be approximately $8.4 million, which would be offset by revenue from fines of approximately $1.6 million annually.

8 ., I:' A.' \[,:.... ~ SECTION 1. CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH RESTORATION ACT The people of California find and declare that: (1) Californians have the right to be effectively protected from injury, illness, and death in the workplace, and from the hazards of exposure to toxic substances on the job and in the community. (2) The restoration of adequate state standards and enforcement policies to reduce exposure to cancer-causing substances, chemicals that cause birth defects, and other toxic materials is in the interest of all Californians. (3) Castastrophic releases of such contaminants into our' communities can best be prevented through the restoration of effective state safety and health practices in the workplace, including proper equipment and maintenance policies, employee training, and safe handling of toxic materials. (4) We disapprove of the elimination in 1987 of Cal/OSHA, the California Occupational Safety and Health Administration, and the transfer of control over worker safety and health to the federal government. (5) Cal/OSHA has a superior record to Federal OSHA in regulating hazardous industries and occupations such as construction, manufacturing, transportation, electronics, chemical, mining, utilities, service, health care, retail and entertainment.

9 (6) Over the years Cal/OSHA has served as a safety and health model for other states. (7) A weaker safety and health system means increased death, illness, disabling injuries, pain and suffering for the working people of California. (8) It is more cost effective for California employers to retain state control over workplace health and safety matters. (9) The cost of restoring Cal/OSHA to the state is minor (a fraction of one percent of the state's budget) especially when compared to the amounts spent on bureaucratic activities of a less essential nature. Moreover, almost half of Cal/OSHA's budget would be paid for by federal grants. (10) It is the purpose of this Act to restore California control over private sector safety and health, which the state has provided for since 1913, and has administered since 1973 through Cal/OSHA. Pursuant to Article XIV, Section 4, of the California Constitution, state jurisdiction over worker safety and health should not be limited, eliminated or otherwise restricted, unless absolutely required by the Federal Constitution. 2.

10 < \. ~,~. SECTION 2. amended to read: Section 50.7 of the Labor Code is 50.71aL The Department of Industrial Relations is the state agency designated to be responsible for administering the state plan for the development and enforcement of occupational safety and health standards relating to issues covered by corresponding standards promulgated under the federal Occupational Safety ~nd Health Act of 1970 (Public Law ). The state plan shall be consistent with the provisions of state law governing occupational safety and health, including, but not limited to, Chapter 6 (commencing with Section 140) and Chapter 6.5 (commencing with Section 148) of Division 1, - and Division 5 (commencing with Section 6300), of this code. (b) The budget and budget bill submitted pursuant to Article IV, Section 12 of the California Constitution shall include in the item for the support of the Department of Industrial Relations amounts sufficient to fully carry out the purposes and provisions of the state plan and this code in a manner which assures that the risk of industrial injury, exposure to toxic substances, illness and death to employees will be minimized. tel Because Federal grants are available, maximum Federal funding shall be sought and, to the extent possible, the cost of administering the state plan shall be paid by funds obtained from federal grants. 3.

11 \...., ~r.. ' (d) The Governor and the Department of Industrial Relations shall take all steps necessary to prevent withdrawal of approval for the state plan by the Federal government. If Federal approval of the state plan has been withdrawn before pas~,of this initiative, or if it is withdrawn at any time after passage of this initiative, the Governor shall submit a new state plan inwediately so that California shall be approved and shall continue to have access to Federal funds. SECTION 3. Labor Code to read: Section is added to the ~onstrued 6303,.5. Nothing,in this division shall be to limit'the jurisdiction of the state over any,employment or place of employment by reason of the exercise of occupational safety and health jurisdiction by any federal agency if federal jurisdiction is being exercised under a federal law which expressly authorizes concurrent state jurisdiction over occupational safety or health issues. SECTION 4. To further its purposes, this initiative may be amended by statute passed in each house by a two-thirds vote. SECTION S. If any section, part, clause or phrase of this measure is for any reason held invalid or unconstitutional, the remaining portions shall not be affected but shall remain in full force and effect. ope-3-afl-cio(31)bur 4.

12 CALIFORNIA LABOR FEDERATION, AFL-C I 0 JOHN F. HENNING Executive Secretary-Treasurer ALBIN J. GRUHN President VICE PRESIDENTS Geographical District No.1 Richard Robbins District No.2 M. R. Callahan Armando Lopez District No.3 William R. Robertson Kendall Orsatti Jerry P. Cremins Dallas Jones Steven T. Nutter Ray M.Wilson District No.4 Paul Miller District No. S John Valenzuela District No.6 Don Hunsucker District No. 7 Billy Joe Douglas District No.8 Val Connolly District No.9 George Soares District No. 10 Paul Dempster Sberri ChIesa FrankSo\l~a William O. Dowd District No. 11 Steve Martin William Ward District No. 12 Jack McNally District No. 13 Loretta Mahoney District No. 14 Wayne Harbolt VICE PRESIDENTS At Larg. Edward C. Powell Harry Ibsen Anthony L. Ramos William Waggoner Justin Ostro LeoF. Mayer Steve Edney Timothy Twomey Cass Alvin Raoul Teilhet Margaret Butz The Honorable John Van de Kamp Attorney General of California 1515 K Street, Suite 511 Sacramento, CA MONTGOMERY STREET. SUITE 300 SAN FRANCISCO. CALI ~ORN IA Dear Attorney General Van de Kamp: October 19, 1987 Pursuant to Article II of the California Constitution, the California Labor Federation hereby submits a copy of a statutory ballot initiative that we are sponsoring for the November 1988 general election. We hereby request you to provide a title and summary of the measure. Enclosed, also please find a copy of a suggested title and summary, along with a check for $200 made out to the Attorney General. Please feel free to contact.me if you have any questions in regard to this matter. JFH:buH ope-3-afl-cio(31) Enclosures ere~~u~rls~i&~~~~~ John F. Henning Executive Secretary- ~7

13 State Capitol P. O. Box Sacramento, CA ~~.\_-y. - ~~\ Telephone: R. BRIAN KIDNEY Chief Clerk June 21, 1988 Hon. March Fong Eu Secretary of State 1230 "J" Street Sacramento, CA Dear Dr. Eu: This is to acknowledge receipt of your recent communications transmitting copies of initiatives entitled (1) Motor Vehicle Accident Claims and Insurance Rates. Initiative Statute, (2) Cigarette and Tobacco Tax. Benefit Fund. Initiative Statute and Constitutional Amendment, (3) School Funding for Instructional Improvement and Accountabilit~ Constitutional Amendment and Initiative Statute, (4) State Occupational Safety and Health Plan. Initiative Statute, and (5) Communicable Disease Tests. Initiative Statute (all of the above pursuant to Section , Elections Code). Your communications and initiatives have been presented to the Speaker (see Assembly Journal for June 13, 1988, page 8305, for item (1) above, and Assembly Journal for June 15, 1988, page 8396, for items (2) through (5) above). RBK:eh v~ruly yo'rs, bp PJ4 >I~. ~.. BRIAN \ IDNEY ~h~ef Cl k --- /

14 'fl.-/ Office of the Secretary of State March Fong Eu Executive Office (916) J Street Sacramento. California June 2, 1988 Mr. Brian Kidney Office of the Chief Clerk State Capitol, Room 3196 Sacramento, California Dear Mr. Kidney: Pursuant to Section of the Elections Code as added by SB 1412 (Chapter 642, Statutes of 1980), I am hereby transmitting to you two (2) copies of the initiative entitled: STATE OCCUPATIONAL SAFETY AND HEALTH PLAN. INITIATIVE STATUTE. This initiative has qualified for the November 8, 1988 General Election. Sincerely, ~~c/1~.i MARCH FONG EU MFE/l/gw Enclosures

15 'ILl Office of the Secretary of State Executive Office (916) March Fang Eu 1230 J Street Sacramento, California June 2, 1988 Mr. Darryl White Secretary of the Senate State Capitol, Room 3045 Sacramento, California Dear Mr. White: Pursuant to Section of the Elections Code as added by SB 1412 (Chapter 642, Statutes of 1980), I am hereby transmitting to you two (2) copies of the initiative entitled: STATE OCCUPATIONAL SAFETY AND HEALTH PLAN. INITIATIVE STATUTE. This initiative has qualified for the November 8, 1988 General Election. Sincerely, ~~fw MARCH FONG EU MFE/1/gw Enclosures

16 4-z...f Office of the Secretary of State Executive Office (916) March Fong Eu 1230 J Street Sacramento, California June Z, 1988 Mr. John F. Henning Executive Secretary-Treasurer California Labor Federation 417 Montgomery Street, Suite 300 San Francisco, California Dear Mr. Henning: Pursuant to Elections Code 3523, I hereby certify that on May 24, 1988 the certificates received from the County Clerks or Registrars of Voters by the Secretary of State established that the Initiative Statute, STATE OCCUPATIONAL SAFETY AND HEALTH PLAN, has been signed by the requisite number of qualified electors needed to declare the petition sufficient. The STATE OCCUPATIONAL SAFETY AND HEALTH PLAN. INITIATIVE STATUTE is, therefore, qualified for the November 8, 1988 General Election_ Sincerely, f~~~ MARCH FONG EU MFE/l/gw

17 i' '.... lm.11 i ~,ic!-.!tgomt:!:y 51:<1'[\ SUiTE 3aO S.'<~! F R 1-.1',1 C! S CO, Ct, LI F () iu j i /\ 'I 4 I 04! } r:... : ~.:':1 t.il': rr(l~.i[)b~ts I',. '.,,,+10,«;1 I I'.:, ;,'r,... ~\.}. I i{ ;,'1:,;, d H\,bhins. 1~.l:-;,..:t ~ ~n. 2 \~. 1<. Cll!ah:>t1.'\r~n~' ndr, l.,,)pcz,: ;;,l r ~ 10,. i...'~. I..1 WiIL:Il,', IC l{(>b~rtsoll '<,.:I",d,,'1 (Irs:"li.\'1"1"\' i', ( l'~:ln;lls j ):di;, : ~J!JI:\ ":1,'\,'01 '1', ;";'Jf!a <;;\ ~~i \'.'ibllll ~ I : ~ 'I " r I \.. ~ ;::. t! \iiikr..i, IJ, _ I, l ~1"! :... ~..:!~ r i):' ; [<. :1 "~~). 7! ;:;:,.'u'..~ J)(I(t!'!as,.. ; j " 'I ~ Ij ~) II \"..,:, I", : ') "," '-),,,>!,," ; '0 : i':\': :.~. I, 1(\ ;':.!~; 1 )l'nq'-'i:cr ';"""1 i Chic~:l " ".nl Sourl '.','ijli"m(i, DllWd i,:.;1 ;ct ~(). t 1 ';f,-vc \iarlin "Villialn Ward' "':',Iri,-: N,l, I:! ~;:.~. \h:'n:ll!y i,:,.,,';:: ~'ill, D ; -;\;1:1 r,lalnlll:y. _:., " lla rholt " ",!.:S'D[~-n'S,~-,-" /""/ --: ':, I'",,'.-IV :i" \ Ii 'I,:':.. y I.. ii,','ll(\'.'.'."j,;:.::~ ".\ :l::~:'\hlt.'r.;,.,:" (). ; rn ",l, ',\' j',\; 1:\' "IIL1I'!i,-. '. I ~ 1 I T\\'(J!Jh~Y The Honorable John Van de Kamp Attorney General of California 1515 K Street, Suite 511 Sacramento, CA Dear Attorney General Van de Kamp: October 19, 1987 Pursuant to Article II of the California Constitution, the California Labor Federation hereby submits a copy of a statutory Lallot initiative that we are sponsoring for the November 1988.general election. We hereby request you to provide a title and summary of the measure. Enclosed, also please find a copy of a suggested title and summary, along with a check for $200 made out to the Attorney General. Please feel free to contact me if you have any questions in regard to this matter. JFH:buH ~/ ope-3-afl-cio(3l) Enclosures,~,it3~erelX-7~~rL _.. l~7 ~ "-JOhn F. Henning,/ Executive Secretary'-'J;teasurer,.tlL.

18 CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH RESTORATION ACT SECTION 1. (I) The people of California find and declare that: Californians have the right to be effectively protected from injury, illness, and death in the workplace, and from the hazards of exposure to toxic substances on the job and in the community. (2) The restoration of adequate state standards and enforcement policies to reduce exposure to cancer-causing substances, chemicals that cause birth defects, and other toxic materials is in the interest of all Californians. (3) Castastrophic releases of such contaminants into our communities can best be prevented through the restoration of effective state safety and health practices in the workplace, including proper equipment and maintenance policies, employee training, and safe handling of toxic materials. (4) We disapprove of the elimination in 1987 of Cal/OSHA, the California Occupational Safety and Health Administration, and the trflnsfer of control over worker safety and health to the federal government. (5) Cal/OSHA has a superior record to Federal OSHl~ in regulating hazardous industries and occupations such as bons~ruction, manufacturi~g, transportation, electronics, chemical, mining, utilities, service, health care, retail and entertainment. f I'

19 (6), Over the years tal/osha has served as a safety and health model for other states. (7) A weaker safety and health system means incre~sed death, illness, disabling injuries, pain and suffering for the working people of California. (8) It is more cost effective for California employers to retain state control over workplace health and safety matters. (9) The cost of restoring Cal/OSHA to the state is minor (a fraction of one percent of the state's budget) especially when compared to the an~unts spent on bureaucratic activities of a less essential nature. Moreover, almost half of CaljOSHA's budget would be paid for by federal grants. (10) It is the purpose of this Act to restore California control over private sector safety and health, which the state has provided for since 1913, and has administered since 1973 through Cal/OSHA. Pursuant to Article XIV, Section 4, of the California Constitution., state jurisdiction over worker safety and health should not be limited, eliminated or otherwise restricted, unless absolutely required by the Federal Constitution. 2.

20 SECTION 2. Section 50.7 of the Labor Code is amended to read: 50.7~ The Department of Industrial Relations is the state: agency designated to be responsible for administering the state plan for the development and enforcement of occupational safety and health standards relating to issues covered by corresponding standards promulgated under the federal Occupational Safety qnd Health Act of 1970 (Public Law ). The state plan shall be consistent with the provisions of state law governing occupational safety, and health, includie9, but not limited to, Chapter 6 (commencing with Section 140) and Chapter 6.5 (commen'cing with Section 148) of Division 1, and Division 5 (commencing with Section 6300),,'of this. code. (b) The budget and budget bill submitt~d pursuant to Article IV, Section 12 of ~he California Constitution shall include in the.item for the support of the Department of Industrial Relations amounts sufficient to 'fully carry out the purposes and provisions of the state plan and this i code in a manner which assures that the risk of industrial injury, exposure to toxic substances, illness and death to employees will be minimized. (e) Because Federal grants are available, maximum Federal funding shall be sought and, to the extent possible, the cost of administering the state plan shall be paid by funds obtained from federal grants. 3.

21 (d) The Governor and the Department of Industrial Relations shall take all steps nec~ry to prevent withdrawal of approval fo_r the state plan.by the Federal government. If Federal approval of the state plan has been withdrawn before passage of thi,s_initiative,.r if it is withdrawn at any ti!!1e after passage of this initiative, the Governor shall submit a new stat~ plaq irr~ediately so that California shall be approved and shall continue to have access to Federal funds. SECTION 3. Section is added to the Labor Code to read: Nothing in this division shall be.;onstrued to limit the jurisdiction of the state over.:lny employment or place of employnlent. by reasc;m of the exercise of occupational safety and health jurisdiction by I any federal agency if federal jurisdiction is being exercised under a federal law which expressly authorizes concurrent state jurisdiction over occupational safety or health issues. SECTION 4. To further its purposes, this initiative may be amended by statute passed in each house by a two-thirds vote. SECTION 5. If any section, part, clause or phrase of this measure is for any reason held invalid or unconstitutional, the remaining portions shall not be affected but shall remain in full force and effect. ope-3-afl-cio(3l)bur 4.

22 JOHN K. VAN DE KAMP Attorne!l General December 4, 1987 State 0/ California DEPARTMENT OF JUSTICE 1515 K STREET. SUITE 511 P.O. BOX SACRAMENTO (916) (916) John F. Henning Executive Secretary-Treasurer California Labor Federation 417 Montgomery Street, Suite 300 San Francisco, CA Initiative Title and Summary. Subject: STATE OCCUPATIONAL SAFETY AND HEALTH PLAN. INITIATIVE STATUTE. Our File No.: SA 87 RF 0031 Pursuant to your request, we have prepared the attached title and summary of the chief purposes and points of the above identified proposed initiative. A copy of our letter to the Secretary of State, as required by Elections Code sections 3503 and 3513, our declaration of mailing, and the text of your proposal that was considered is attached. The Secretary of State will be sending you shortly a copy of the circulating and filing schedule for your proposal that will be issued by that office. Please send us a copy of the petition after you have it printed. This copy is not for our review or approval, but to supplement our file in this matter. Very truly yours, PHD:kca Enclosures

23 DECLARATION OF MAILING The undersigned Declarant states as follows: I am over the age of 18 years and not a proponent of the within matter: my place of employment and business address is 1515 K Street, Suite 511, Sacramento, California On the date shown below, I mailed a copy or copies of the attached letter to the proponents, by placing a true copy thereof in an envelope addressed to the proponents named below at the addresses indicated, and by sealing and depositing said envelope or envelopes in the United States mail at Sacramento, California, with postage prepaid. There is delivery service by United States mail at each of the places so addressed, or there is regular communication by mail between the place of mailing and each of the places so addressed. Date of Mailing: December 4, 1987 Subject: STATE OCCUPATIONAL SAFETY AND HEALTH PLAN. INITIATIVE STATUTE. Our File No.: SA 87 RF 0031 Name of Proponent(s) and Address(es): John F. Henning Executive Secretary-Treasurer California Labor Federation 417 Montgomery Street, Suite 300 San Francisco, CA I declare under penalty of perjury that the foregoing is true and correct. Executed at Sacramento, California, on: December 4, Amann -

24 NEWS RELEASE from: Secretary of State March Fang Eu 1230 J Street, Sacramento, CA For Immediate Release May 24, 1988 (916) Contact: Caren Daniels-Meade or Melissa Warren CAL-OSHA INITIATIVE QUALIFIES FOR NOVEMBER BALLOT SACRAMENTO - Secretary of State March Fong Eu announced today (May 24) the qualification of an initiative measure to restore funding to the state's Occupational Safety and Health Plan (CAL-OSHA). It is the third measure to reach the Nov. 8 general election ballot via the initiative process. Random sample reports from 55 of the state's 58 counties indicate that 495,282 of the 718,906 signatures submitted are deemed valid, well in excess of the 409,396 (110% of required total) needed to qualify by that method. The measure needed 372,178 signatures to earn a spot on the ballot. In 1987, the governor took action to withdraw the state's occupational safety and health plan and to reduce its funding.. This measure would require that funds be budgeted for the state plan and that steps be taken to prevent withdrawal of federal approval or, if approval were withdrawn, to submit a new plan. Proponent John Henning of the California Labor Federation, AFL-CIO, may be reached at (415) This is the 11th measure on the Nov. 8 ballot. It joins two previously qualified initiatives, "Housing and Nutritional Assistance l1 and "Communicable Disease Testsl1 and eight legislative bond measures. There are seven more initiatives currently in the verification process, one relating to school funding, one to increase cigarette and tobacco taxes, three relating to automobile insurance, one to require specified disclosures to consumers, and one on AIDS reporting. (over)

25 EU - p. 2 Proponents of two more measures are expected to submit signatures this week the so-called "no-fault" insurance measure and a proposal to place limits on attorneys fees. Eu must certify measures for the November ballot by June 30. Eu also announced the failure of eight measures to qualify. They are: "Alcoholic Beverages. Hours of Sale", "Beer, Wine and Distilled Spirit Taxes: Public Safety and Emergency Care", "Ownership of Firearms", "Terminal Illness. Patient's Directions Regarding Medical Procedures", "Oath of Office", "Judicial Reorganization", "Housing Assistance Bonds ll, and "Alcoholic Beverages. 'Tied House' Lawsll. ### 8860MW

26 INITIATIVE CHECK LIST Phone Title of Initiative: LJ-- - II:0/) Type of Initiative: -,. CA S --- CA and S Number of Pages Number of Proponents I ---- Date and Time Initiative will be ready for pick-up /t;i~~j1---/:t1t) 1. d~ Initial/Date/Time ". 5 fl/; 6. ch 7 da 8. do 9. th / /)~14//.~ OSSI informs Deborah/David/Barbara/Caren and Don day and time initative will be ready for pick-up. / OSSI ~ives check list to Word Processing TechnIcian to prepare calendar. Word Processing Technician prepares and proofs calendar and log and returns both to OSS!. OSSI proofs calendar and log and gives to Elections Chief for review. /J2/1-&3.~ Elections Analyst reviews and has Elections Chief sign. Elections Analyst returns signed calendar to OSSI. /I.~/~~OSSI makes copies of initiative calendar for each proponent. /gji-/ 4. /() OSSI attaches copy of Political Reform Act of 1974 Requirements to proponent's copy of initiative calendar. OSSI prepares Mail/Freight Request Form. OSSI hand carrys Mail/Freight Request form and initiative calendar for each proponent (ready for mailing) to Service and S~BP fw Ini tiati ve calendar sent on J~' 5 I to each proponent. a e (This must be sent to each proponent same day AG prepares Title and Summary). OSSI advises Assistant Chief when initiative calendar is sent to proponent(s). Rev. 6/9/87

27 INITIATIVE CALENDAR CHECK LIST Page two 10. d?j I/LJIt 1-. ' tv I!?/f! If).' tk'j I l;r/._~' ULI 13. ~ I/Lj/I$"uti 14.. Z- 112jII>=~ 00 df '.' tla- 1;;;d1I.-FJ of) 16. d4 liz/it 1/-./ til] I J!j'fI 6.' O() II/Y!I J, :J..r-, I OSSI distributes copies of initiative calendar same day AG prepares Title and Summary to: /. Tony Caren Jerry Deborah Barbara OSSI distributes copies of initiative calendar to:./' 7 7' ;;/ 7 ;7 All CC/ROV Political Reform (~. copies) Elections Staff /' LA Office via LA Pouch - J.R. Schultz (12 copies) Initiative mailing list Extra copies for public distribution Master copy OSSI advises Assistant Chief of completion of above distribution. OSSI makes copies of log and distributes as follows: 1. Initiative canvass binder 2. Ron Wong - FTB 3. Joe Samora - Archives OSSI prepares folder for public distribution. OSSI prepares index car~s initiative. for each OSSI staples Mail/Freight Request form to back of INITIATIVE CHECK LIST. OSSI returns completed INITIATIVE CHECK LIST to Assistant Chief. Assistant Chief returns check list to Election Analyst. Rev. 6/9/87

28 ELECTIONS DIVISION MAIL/FREIGHT REQUEST Mail Submi tted to Mail Room j,'" /4/'7/ 4"1+ lra t 'ol- Time Request mail to be sent no later than /~7L;I~ i'te MAIL: ~lst Class CJ Bulk CJ Book Rate c::j Presort c:j Third Class FREIGHT: LJ UPS C1 Purolator c:j Greyhound (Next bus out: c=j Air-Freight c:j Truck Lines CHARGES: Amount: Pieces: Yes No z ) ACTIVITY: c:j Outreach (Specify: ) E:J County Mailings (I's:! I Ballot Pamphlet ) o Other (Specify: ) ~nitiative Calendar to Proponent(s). Mail room sent requested mail on ~/~~::~' ~~~~~-~j Rev. 6/9/87 I.CHKLIST2-12 Ini<~~ervice and Supply]