BILL ANALYSIS Ó
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 432|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: SB 432
Author: De León (D)
Amended: 5/31/11
Vote: 21
SENATE LABOR & INDUSTRIAL REL. COMMITTEE : 5-2, 4/13/11
AYES: Lieu, DeSaulnier, Leno, Padilla, Yee
NOES: Wyland, Runner
SENATE APPROPRIATIONS COMMITTEE : 6-3, 5/26/11
AYES: Kehoe, Alquist, Lieu, Pavley, Price, Steinberg
NOES: Walters, Emmerson, Runner
SUBJECT : Workplace safety: lodging establishments:
housekeeping
SOURCE : Author
DIGEST : This bill requires that the Occupational Safety
and Health Standards Board, no later than September 1,
2012, adopt an occupational health and safety standard for
lodging establishment housekeeping, and would apply to all
lodging establishments in California, including hotels,
motels, and similar transient lodging establishments.
ANALYSIS :
Existing law:
1. Provides for the Occupational Safety and Health
CONTINUED
SB 432
Page
2
Standards Board (OSHSB), which consists of seven
individuals appointed by the Governor for four year
terms. Two members must be from the field of
management, two members must be from the field of labor,
one member must be from the field of occupational
health, one member must be from the field of
occupational safety and one member must be from the
general public.
2. Empowers OSHSB, by an affirmative vote of four or more
members, to adopt, amend, or repeal occupational safety
and health standards. The procedure to adopt, repeal,
or amend occupational safety and health standards must
follow the process for promulgating regulations, unless
otherwise stated in Labor Code.
3. Requires that the Department of Occupational Safety and
Health (DOSH) enforces all occupational safety and
health standards adopted by OSHSB.
4. Allows any employer to apply to OSHSB for a permanent
variance from any occupational safety and health
standard if the employer has an alternative practice or
program that will provide equal or superior safety for
employees. The standards board must issue the variance
if it determines on the record that the preponderance of
evidence supports that the employer's alternative
practice or program are as safe as the standard.
5. Requires that OSHSB develop or revise certain specific
occupational safety and health standards, including
bloodborne pathogens, hazardous substance removal work,
agricultural field sanitation, and lead-related
construction.
This bill requires that the OSHSB, no later than September
1, 2012, adopt an occupational health and safety standard
for lodging establishment housekeeping, and would apply to
all lodging establishments in California, including hotels,
motels and similar transient lodging establishments. The
standard must require the following:
The use of fitted bottom sheets. "Fitted sheets"
are defined as sheets with an elastic or similar
SB 432
Page
3
material sewn into the four corners of the sheet
which allows it to stay in place over the mattress.
The use of long-handled tools, such as mops, to
eliminate the practice of housekeepers working in a
stooped, kneeling, or squatting position when
cleaning rooms.
This bill prohibits OSHSB from granting a permanent
variance from complying with the lodging establishment
housekeeping standard.
Prior Legislation
AB 838 (Swanson) of 2009-10 Session, would have required
the Occupational Safety and Health Standards Board to adopt
an occupational and health standard by July 1, 2011 for
controlling the risk of occurrence of heat illness where
employees work indoors. AB 838 was vetoed by Governor
Schwarzenegger.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13
2013-14 Fund
Adoption of new occupational Up to $120 one time
Special*
& health standards
Enforcement of newLikely minor (complaint driven)
Special*
Standard costs annually
*Occupational Safety and Health Fund
SUPPORT : (Verified 5/31/11)
California Applicant Attorneys
SB 432
Page
4
California Conference Board of the Amalgamated Transit
Union
California Conference of Machinists
California Labor Federation
California Official Court Reporters Association
California Teamsters Public Affairs Council
Consumer Attorneys of California
Engineers and Scientists of California
International Longshore and Warehouse Union
National Lawyers Guild Labor & Employment Committee
Professional and Technical Engineers, Local 21
UNITE HERE
United Food and Commercial Workers - Western States
Conference
Utility Workers Union of America, Local 132
Worksafe: safety, health and justice for workers
OPPOSITION : (Verified 5/31/11)
American Hotel and Lodging Association
American Resort Development Association
American Resort Development Association Resort Owners
Coalition California Association of Bed & Breakfast Inns
California Hotel and Lodging Association
California Travel Industry Association
California Hospital Association (Unless Amended)
California Lodging Industry Association (Unless Amended
ARGUMENTS IN SUPPORT : Proponents argue that workplace
injuries suffered by hotel housekeepers have dramatically
risen due to the increasing use of so-called "luxury"
items, such as thicker mattresses, decorative linens, and
increased pillows. The proponents note that the beds can
weigh more than 100 pounds, and housekeepers must also move
heavy carts from room to room. Proponents also note that
housekeepers have a much higher injury rate when compared
to other service industries and that the injuries can
impact the entire body, including shoulders, backs, feet
and legs due to the lifting of heavy items and squatting
for cleaning. Proponents believe that this bill
dramatically lowers the rate of injuries among hotel
housekeepers by creating an occupational health and safety
standard.
SB 432
Page
5
ARGUMENTS IN OPPOSITION : Opponents argue that lodging
facilities have already put in practice policies to reduce
injuries to workers, such as providing ergonomic training
and ergonomic tools for housekeeping staff, including long
handled tools. Opponents also note that recent green
practices, such as allowing guests to opt-out of having
their sheets changed or towels exchanged, have limited the
need for housekeeping staff to clean rooms. Opponents also
note that few lodging establishments utilize fitted sheets
and that there is anecdotal evidence that fitted sheets are
actually more strenuous to use. Finally, opponents also
note that the cost of switching from flat sheets to fitted
sheets would be incredibly expensive.
The California Lodging Industry Association (CLIA) has
adopted an "oppose unless amended" position. CLIA argues
that their members work hard to keep a safe work
environment, and that there are a variety of issues to be
considered by lodging establishments in the selection of
bedding and cleaning implements. Therefore, CLIA suggests
that the language requiring fitted sheets and long handled
tools be removed so those issues can be discussed in a
regulatory framework.
The California Hospital Association has adopted an "oppose
unless amended" position, requesting language clarifies
that the occupational safety and health standard only
applies to transient lodging.
PQ:do 5/31/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****