BILL ANALYSIS                                                                                                                                                                                                    ”



                                                                  SB 435
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          SENATE THIRD READING
          SB 435 (Padilla)
          As Amended  August 22, 2013
          Majority vote 

           SENATE VOTE  :25-11  
          
           LABOR & EMPLOYMENT       6-1    APPROPRIATIONS      12-5        
           
           ----------------------------------------------------------------- 
          |Ayes:|Roger HernŠndez, Alejo,   |Ayes:|Gatto, Bocanegra,         |
          |     |Chau, Gomez, Gorell,      |     |Bradford,                 |
          |     |Holden                    |     |Ian Calderon, Campos,     |
          |     |                          |     |Eggman, Gomez, Hall,      |
          |     |                          |     |Holden, Pan, Quirk, Weber |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Morrell                   |Nays:|Harkey, Bigelow,          |
          |     |                          |     |Donnelly, Linder, Wagner  |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Enacts provisions of law related to recovery periods,  
          as specified.  Specifically,  this bill  :   

          1)Provides that, in addition to meal and rest periods, an  
            employer shall not require any employee to work during any  
            "recovery period" mandated by any applicable statute,  
            regulation, standard or order of the Occupational Safety and  
            Health Standards Board (Standards Board) or the Division of  
            Occupational Safety and Health (DOSH).

          2)Defines a "recovery period" as a cool-down period afforded an  
            employee to prevent heat illness.

          3)Provides that an existing provision of law that requires an  
            employer to pay an employee one additional hour of pay at the  
            employee's regular rate of compensation for each work day that  
            a meal or rest period is not provided also applies to work  
            days that a "recovery period" is not provided.

          4)Provides that these provisions do not apply to an employee who  
            is exempt from meal or rest or recovery period requirements  
            pursuant to other state laws, as specified.









                                                                  SB 435
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           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, this bill will result in minor and absorbable fiscal  
          impact to the Department of Industrial Relations, the Standards  
          Board, and DOSH to implement this measure.  

           COMMENTS  :  According to the author, this bill is intended to  
          encourage workers exposed to extreme heat to take recovery  
          periods.

          The California Rural Legal Assistance Foundation (one of the  
          sponsors of this measure), writes the following in support:

               [This bill], as amended, generally treats heat  
               stress-related cool down recovery periods the same way  
               daily rest periods are treated under the Labor Code:  
               Employers would be prohibited from requiring workers  
               to perform any work during any heat stress recovery  
               period and, if the employer failed to provide such a  
               recovery period in accordance with state law, the  
               employer would have to pay the employee one additional  
               hour of pay at the employee's regular rate of  
               compensation for each work day that a recovery period  
               was not provided.

               The right of workers to be afforded heat  
               stress-related recovery periods to cool down during  
               high heat conditions is established by California Code  
               of Regulations, Title 8, Section 3395(d). Although  
               compliance with these requirements is argued to be  
               improving in a number of industries, [DOSH] reported,  
               for 2012, that overall compliance with the heat stress  
               regulation (found during inspections) was only 69% in  
               agriculture and 72% in construction, illustrating that  
               many violations likely continue to occur. (See  
               Cal-OSHA Advisory Committee Report Summaries, June 6,  
               2013.) Currently, the sole remedy for a violation is a  
               citation issued by DOSH.

               Given the critical importance of protecting workers  
               from avoidable heat stress illness, and continued  
               limited DOSH enforcement resources, the sponsors and  
               supporters of
               [this bill] believe it is appropriate to extend to  
               workers the same strong protections from violations of  








                                                                  SB 435
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               recovery period requirements as are provided for  
               violations of daily rest period requirements. This  
               will allow both the Division of Labor Standards  
               Enforcement and workers themselves to take action if  
               an employer requires work during, or fails to provide,  
               a cool down recovery rest period.
           

          Analysis Prepared by  :    Ben Ebbink / L. & E. / (916) 319-2091 


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