Amended in Senate August 15, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 520

Introduced by Assembly Members Levine and Atkins

February 23, 2015

An act to amend Section 3073.5 begin delete of end delete begin insert of, and to add Section 147.6 to, end insert the Labor Code, relating to begin delete apprenticeship. end delete begin insert end insert begin insert private employment. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 520, as amended, Levine. begin delete Apprenticeship. end delete begin insert Private employment: occupational safety and apprenticeships. end insert

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The California Occupational Safety and Health Act of 1973 provides the Division of Occupational Safety and Health within the Department of Industrial Relations with the power, jurisdiction, and supervision over all employment and places of employment necessary to enforce and administer all occupational health and safety laws and to protect employees. The Occupational Safety and Health Standards Board, an independent entity within the department, has the exclusive authority to adopt occupational safety and health standards within the state.

end insert begin insert

This bill would require the board, by June 1, 2017, to adopt a standard that requires an employer performing corrosion prevention work on industrial and infrastructure projects to use trained and certified personnel, as specified. Because certain violations of these new requirements would be a misdemeanor, the bill would impose a state-mandated local program.

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Existing law provides for apprenticeship programs within the Division of Apprenticeship Standards within the Department of Industrial Relations, sponsored by specific entities and employers, and requires the Chief of the Division of Apprenticeship Standards to perform various functions with respect to apprenticeship programs and the welfare of apprentices.

Existing law also establishes the California Apprenticeship Council within the Division of Apprenticeship Standards, and requires the council to aid the director in formulating policies with respect to apprentice regulation.

Existing law requires the Chief of the Division of Apprenticeship Standards and the California Apprenticeship Council to report annually through the Director of Industrial Relations on the activities of the division and the council, and further requires that the report include specified information with respect to apprenticeship programs in this state.

This bill would require the report to include an analysis of any apprenticeship standards or regulations that were proposed or adopted in the previous year.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 147.6 is added to the end insert begin insert Labor Code end insert begin insert , to read: end insert

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begin insert 147.6. end insert   

(a) The board shall, by June 1, 2017, adopt a standard
developed by the division that requires employers performing
corrosion prevention work on industrial and infrastructure projects
to use trained and certified personnel.

(b) The standard adopted pursuant to subdivision (a) shall
include all of the following:

(1) A requirement that an employee performing corrosion
prevention work be trained in accordance with the NACE 13/ACS
1 standard for an industrial coating and lining application
specialist developed by the Society for Protective Coatings (SSPC)
and the National Association of Corrosion Engineers International
(NACE).

(2) A requirement that an employee who performs corrosion
prevention work obtain a certification as an SSPC Level 2
Corrosion Application Specialist, or an equivalent certification.

(3) A requirement that an employer performing corrosion
prevention work use at least three trained and certified employees
for every one employee who is not certified, with the uncertified
employee working under supervision.

(4) Provisions that allow corrosion prevention work to be
performed by apprentices registered in an industrial apprenticeship
program approved by the Division of Apprenticeship Standards
pursuant to Section 3075 that provides training to meet the NACE
13/ACS 1 standard.

(5) Provisions that require an employer to maintain records of
compliance with the standard and allow reasonable access to those
records by members of the public in a manner that protects
employee privacy.

(6) An appropriate phase-in period for the certification
requirement that ensures full implementation of the standard by
January 1, 2020.

(7) A definition of corrosion prevention work that includes
surface preparation, including by abrasive blasting, and
application of protective coatings and linings, including spray
application, to steel and concrete surfaces for the purpose of
corrosion prevention.

(8) An exception from the standard for work on sheet metal and
ventilation systems or on plumbing and piping systems or precast
concrete work that is performed offsite when the work on those
systems or precast concrete work is performed by either of the
following:

(A) Skilled journeypersons who are graduates of an
apprenticeship program for the applicable occupation that was
either approved by the Chief of the Division of Apprenticeship
Standards pursuant to Section 3075 or located outside California
and approved for federal purposes pursuant to the apprenticeship
regulations adopted by the federal Secretary of Labor.

(B) Apprentices registered in an apprenticeship program for
the applicable occupation that is approved by the Chief of the
Division of Apprenticeship Standards pursuant to Section 3075.

(9) An exception from the standard if the surface to be prepared
and the surface to be coated are both smaller than 100 square or
100 linear feet.

(c) This section shall not be construed to limit the authority of
the standards board to adopt additional standards to protect
employees performing corrosion prevention or other industrial
painting work. Nothing in this section shall be interpreted to
preclude the board from adopting standards that include elements
or requirements additional to, or broader in scope than, those
described in this section.

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begin delete SECTION 1. end delete

begin insert SEC. 2. end insert   

Section 3073.5 of the Labor Code is amended to read:

3073.5.  

The Chief of the Division of Apprenticeship Standards
and the California Apprenticeship Council shall annually report
through the Director of Industrial Relations to the Legislature and
the public on the activities of the division and the council. The
report shall contain information including, but not limited to,
analyses of the following:

(a) The number of individuals, including numbers of women
and minorities, registered in apprenticeship programs in this state
for the current year and in each of the previous five years.

(b) The number and percentage of apprentices, including
numbers and percentages of minorities and women, registered in
each apprenticeship program having five or more apprentices, and
the percentage of those apprentices who have completed their
programs successfully in the current year and in each of the
previous five years.

(c) Remedial actions taken by the division to assist those
apprenticeship programs having difficulty in achieving affirmative
action goals or having very low completion rates.

(d) The number of disputed issues with respect to individual
apprenticeship agreements submitted to the Administrator of
Apprenticeship for determination and the number of those issues
resolved by the council on appeal.

(e) The number of apprenticeship program applications received
by the division, the number approved, the number denied and the
reason for those denials, the number being reviewed, and
deficiencies, if any, with respect to those program applications
being reviewed.

(f) The number of apprenticeship programs, approved by the
Division of Apprenticeship Standards, that are disapproved by the
California Apprenticeship Council, and the reasons for those
disapprovals.

(g) Any apprenticeship standards or regulations that were
proposed or adopted in the previous year.

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begin insert SEC. 3. end insert   

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No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

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