BILL NUMBER: AB 520 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 15, 2016
INTRODUCED BY Assembly Members Levine and Atkins
FEBRUARY 23, 2015
An act to amend Section 3073.5 of of, and
to add Section 147.6 to, the Labor Code, relating to
apprenticeship. private employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 520, as amended, Levine. Apprenticeship.
Private employment: occupational safety and apprenticeships.
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.
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.
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.
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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 147.6 is added to the
Labor Code , to read:
147.6. (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.
SECTION 1. SEC. 2. 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.
SEC. 3. 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.