BILL ANALYSIS Ó
SENATE COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS
Senator Tony Mendoza, Chair
2015 - 2016 Regular
Bill No: AB 520 Hearing Date: August 17,
2016
-----------------------------------------------------------------
|Author: |Levine |
|-----------+-----------------------------------------------------|
|Version: |August 15, 2016 |
-----------------------------------------------------------------
-----------------------------------------------------------------
|Urgency: |No |Fiscal: |Yes |
-----------------------------------------------------------------
-----------------------------------------------------------------
|Consultant:|Brandon Seto |
| | |
-----------------------------------------------------------------
Subject: Private employment: occupational safety and
apprenticeships
KEY ISSUE
Should the Legislature instruct the Occupational Safety and
Health Standards Board to adopt a standard developed by the
Division of Occupational Safety and Health that requires
employers performing corrosion prevention work on industrial and
infrastructure projects to use trained and certified personnel?
ANALYSIS
Existing law
1) Establishes the Occupational Safety and Health Standards
Board (Board), within the Department of Industrial
Relations, as the standards-setting agency for the Division
of Occupational Safety and Health (Cal/OSHA). The Board
promulgates and enforces occupational safety and health
standards for the state (Labor Code §140 and §142.3).
2) Establishes the Division of Apprenticeship Standards
AB 520 (Levine) Page 2
of ?
(DAS) to administer California apprenticeship law and
enforce apprenticeship standards for wages, hours, working
conditions and the specific skills required for state
certification as a journeyperson in an apprenticeable
occupation. Within the DAS, the California Apprenticeship
Council (CAC) issues rules and regulations which establish
standards for minimum wages, maximum hours, and working
conditions for apprentice agreements (Labor Code §3070 and
§3071).
3) Requires the Chief of the DAS and the CAC to report
annually through the Director of Industrial Relations to
the Legislature on the activities of the DAS and the CAC
including certain aspects of apprenticeship programs in the
State (Labor Code §3073.5).
This Bill
1) States that the Board must, by June 1, 2017, adopt a
standard to be developed by Cal/OSHA that requires
employers performing corrosion prevention work on
industrial and infrastructure projects to use trained and
certified personnel.
2) Further specifies that this standard include a
requirement that employees performing this type of work be
trained and certified according to the NACE 13/ACS 1
standard developed by the Society for Protective Coatings
(SSPC) and the National Association of Corrosion Engineers
International (NACE) for an industrial coating and lining
application specialist. Apprentices registered in an
industrial apprenticeship program approved by the DAS that
provides training to meet the NACE 13/ACS 1 standard may
also perform this work.
3) Defines "corrosion prevention work" as surface
preparation, including abrasive blasting, and the
application of protective coatings and linings, including
spray application, to steel and concrete surfaces for the
purpose of corrosion prevention.
4) Stipulates that when performing this work, three
employees certified in this manner must be used by
employers for every one employee who is not, and that those
AB 520 (Levine) Page 3
of ?
employees must be supervised by those who are certified.
5) Requires that employers maintain reasonably-accessible
records of compliance with this standard in a manner that
protects employee privacy.
6) Specifies that this certification requirement will be
phased in, and that the standard must be fully-implemented
by January 1, 2020.
7) Makes an exception from the standard for work on sheet
metal, ventilation systems, plumbing and piping systems or
precast concrete work that is performed offsite when the
work on these systems or precast work is performed by
either:
a) Skilled journey persons who are graduates of
an apprenticeship program for the applicable
occupation that was either approved by the Chief of
the DAS, 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 was
approved by the Chief of the DAS.
8) Makes and additional exception from the standard if the
surface to be prepared and coated are both smaller than 100
square or 100 linear feet.
9) Specifies that these provisions do not limit the
authority of the Board to adopt additional standards that
may include elements of this standard, or additional
requirements that are broader in scope than those described
in this bill, to protect employees performing corrosion
prevention or other industrial painting work.
10) Mandates that in the required annual report to the
Legislature, the Chief of the DAS and the CAC must include
an analysis of any apprenticeship standards or regulations
proposed or adopted in the previous year.
COMMENTS
AB 520 (Levine) Page 4
of ?
1. Brief Background
The Society for Protective Coatings (SSPC) and the National
Association of Corrosion Engineers (NACE) are third-party
organizations that develop training, manufacturing and safety
specifications and certifications based on science and
researched best-practices. NACE establishes industry standards
for corrosion protection. The organization also offers
technical training and certification programs, conferences,
reports, publications, technical journals, and government
relations activities. Employees performing corrosion
prevention work would be required, as specified in the
provisions of the bill, to be trained and/or certified
according to the standards set by these organizations.
2. Need for this bill?
The author states that corrosion is the natural deterioration
of a substance because of a reaction with its environment. A
2002 study released by the Federal Highway Administration
revealed that metallic corrosion costs the country $276
billion per year. The primary defense against corrosion
involves the application of protective coatings to surfaces.
Accordingly, the author believes that the performance of
corrosion prevention work on industrial and infrastructure
projects presents significant safety and health risks that
should be addressed by an occupational safety and health
standard applicable to the work at issue.
In 2004, the Society for Protective Coatings and NACE,
International, collaborated to develop a general industry
standard for the safe performance of corrosion prevention
work. With input from industry experts and career industrial
painters, they developed the NACE 13/ACS 1 standard for
certification as an Industrial Coating and Lining Application
Specialist. The NACE 13/ACS 1 standard represents the
consensus of the industrial painting community as to the body
of knowledge necessary to perform surface preparation and
coating application safely and effectively for steel and
concrete surfaces for complex industrial and infrastructure
projects.
The author goes on to state that the International Union of
Painters and Allied Trades filed a petition, accompanied by
supporting evidence, seeking the adoption of a corrosion
AB 520 (Levine) Page 5
of ?
prevention standard with the Occupational Safety and Health
Standards Board on August 24, 2015. The author states that
the Board granted the petition and referred the matter to a
Cal/OSHA Industrial Painter Certification Advisory Committee,
but that the proceeding has stalled. The author believes that
this bill and the standard it calls for are necessary to
protect the health and safety of corrosion prevention workers.
3. Proponent Arguments :
Proponents state that corrosion prevention work is absolutely
necessary for prolonging the durability and integrity of a
wide range of infrastructure and industrial structures, as
well as protecting the environment from potentially hazardous
materials. Proponents believe that when coatings or linings
are applied incorrectly, this protection can be short-lived
and that reapplication or intensive repair is subsequently
needed. This can result in cost overruns or unexpected
maintenance needs. Skilled and certified workers applying
these coats ensure that the work is done properly, on time,
and to the highest industry standards. Proponents state that
these regulations will allow future contracts to reflect the
priorities of infrastructure longevity, environmental
protection, and worker safety. In a competitive work
environment with the pressure of schedules and costs,
proponents contend that the first thing compromised is
workers' health and safety. They argue that AB 520 would set
down needed health and safety standards for those who perform
this dangerous work.
4. Opponent Arguments :
None received.
5. Prior Legislation :
SB 792 (Padilla) Vetoed, 2014 - Directed the Department of
Industrial Relations in consultation with the Department of
Toxic Substances Control to adopt regulations for corrosion
prevention work on public infrastructure projects. Also, this
bill provided that these regulations required the use of
certified personnel for the application of protective coatings
and linings on steel and concrete in order to prevent early
deterioration due to corrosion and related environmental
contamination. Finally, the bill mandated that by January 1,
AB 520 (Levine) Page 6
of ?
2017, these regulations be a condition of public contracts
receiving state funds.
Governor Brown's Veto Message:
This bill directs the Department of Industrial Relations, in
consultation with the Department of Toxic Substances Control,
to adopt regulations, on or before January 1, 2016, to
establish performance standards for corrosion prevention work
on projects designated as public works. Unfortunately, the
development of these standards is outside of the jurisdiction
and expertise of these departments.
Using industry accepted standards for corrosion prevention and
worker safety on public infrastructure projects is good policy
and procurement requirements should ensure that all workers
are properly trained and certified to do this critical work.
Therefore I am directing the Department of Industrial Relations
to incorporate industry accepted standards for corrosion
prevention training into the appropriate apprenticeship
programs. I am also directing the department to work with the
Standards Board to assess the adequacy of safety standards for
workers engaged in corrosion prevention work and make
necessary changes.
SUPPORT
Auto, Marine & Specialty Painters Local Union 1176
International Union of Painters and Allied Trades, District
Council 16
International Union of Painters and Allied Trades, Painters &
Tapers, Local 487
International Union of Painters and Allied Trades, Painters &
Tapers, Local 507
International Union of Painters and Allied Trades, Painters,
Tapers, Floorcoverers, & Glaziers, Local 294
International Union of Painters and Allied Trades, Painters &
Drywall Finishers, Local 83
International Union of Painters and Allied Trades, Painters &
Drywall Finishers, Local 741
State Building and Construction Trades Council of California
OPPOSITION
AB 520 (Levine) Page 7
of ?
None on file.
-- END --