Suit Disputes Ballot Statements on Safety Unit

Two Democratic legislators who are key players in the initiative campaign to restore the state’s worker health and safety agency filed suit in Sacramento Superior Court on Monday, asserting that ballot arguments against the measure prepared by Gov. George Deukmejian and two other individuals are false and misleading.

The suit asks a Sacramento Superior Court judge to order Secretary of State March Fong Eu to change or delete language in the arguments.

State Sen. Cecil Green (D-Norwalk) and Assemblyman Richard Floyd (D-Gardena) contend that four statements in the arguments against Proposition 97 are false and misleading. Two of the alleged falsehoods deal with whether the rate and number of occupational injuries and illnesses has declined in California since the federal Occupational Safety and Health Administration (OSHA) took over administration of the state’s safety and health program July 1, 1987, after Deukmejian vetoed funding of the state program.

The other two alleged falsehoods deal with arguments made by opponents of the measure concerning effectiveness of the federal OSHA’s program. The suit charges that opponents overstate the authority of the federal program in an effort to show that there is no need to revive Cal/OSHA.

A hearing has been set for Thursday afternoon. Under the California Government Code, the judge has the authority to order changes in the wording of the ballot arguments.

Attempts to secure a comment from the governor’s office were unsuccessful.