BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 520|
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THIRD READING
Bill No: AB 520
Author: Levine (D) and Atkins (D)
Amended: 8/15/16 in Senate
Vote: 21
SENATE LABOR & IND. REL. COMMITTEE: 3-0, 6/8/16
AYES: Mendoza, Leno, Mitchell
NO VOTE RECORDED: Stone, Jackson
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE LABOR & IND. REL. COMMITTEE: 4-1, 8/17/16 (pursuant to
Senate Rule 29.10)
AYES: Mendoza, Jackson, Leno, Mitchell
NOES: Stone
ASSEMBLY FLOOR: 60-0, 4/27/15 - See last page for vote
SUBJECT: Private employment: occupational safety and
apprenticeships
SOURCE: Author
DIGEST: This bill instructs the Occupational Safety and Health
Standards Board to adopt a standard developed by the Division of
Occupational Safety and Health that requires employers to use
trained and certified personnel when performing corrosion
prevention work, as specified, on industrial and infrastructure
projects.
ANALYSIS:
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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 (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) Specifies further 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
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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 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.
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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
SSPC and NACE. SSPC and 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 this bill, to be
trained and/or certified according to the standards set by these
organizations.
Need for this bill? The author states that corrosion is the
natural deterioration of a substance because of a reaction with
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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, SSPC and NACE 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
prevention standard with the 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.
Prior Legislation
SB 792 (Padilla, 2013) 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, the bill provided
that these regulations required the use of certified personnel
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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, 2017, these regulations be a
condition of public contracts receiving state funds. The bill
was vetoed by the Governor. Governor Brown's veto message
states:
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.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
SUPPORT: (Verified8/17/16)
Auto, Marine & Specialty Painters Local Union 1176
International Union of Painters and Allied Trades, District
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Council 16
International Union of Painters and Allied Trades, Painters &
Drywall Finishers, Local 83
International Union of Painters and Allied Trades, Painters &
Drywall Finishers, Local 376
International Union of Painters and Allied Trades, Painters &
Drywall Finishers, Local 741
International Union of Painters and Allied Trades, Painters &
Tapers, Local 272
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
State Building and Construction Trades Council of California
OPPOSITION: (Verified8/17/16)
Associated Builders and Contractors of California
Associated Builders and Contractors-San Diego Chapter
Associated General Contractors
Plumbing-Heating-Cooling Contractors Association of California
Western Electrical Contractors Association
ARGUMENTS IN SUPPORT: 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'
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health and safety. They argue that AB 520 will set down needed
health and safety standards for those who perform this dangerous
work.
ARGUMENTS IN OPPOSITION: Opponents contend that AB 520
bypasses an evaluation of industry practices and procedures, and
mandates a new certification requirement based only on a single
standard developed by SSPC and NACE. Furthermore, opponents
state that AB 520 sets a 3-1 ratio of certified employees to
those uncertified, and that a "one-size fits all" standard does
not give contractors any flexibility based upon the complexity
of the project. Opponents also argue that the bill broadly
defines "corrosion prevention work" to the degree that virtually
any preparation of steel or concrete and the application of any
finish that could provide corrosion protection is covered by the
requirement. Finally, opponents state that AB 520 applies to
"industrial and infrastructure projects" which they believe
suggests that other than residential construction, every other
construction project, private and public, would fall under the
requirements of the bill.
ASSEMBLY FLOOR: 60-0, 4/27/15
AYES: Achadjian, Alejo, Baker, Bloom, Bonilla, Bonta, Brown,
Burke, Calderon, Chau, Chávez, Chiu, Chu, Cooley, Cooper,
Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia,
Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray,
Grove, Hadley, Roger Hernández, Holden, Irwin, Jones-Sawyer,
Lackey, Levine, Lopez, Low, McCarty, Medina, Mullin, Nazarian,
Obernolte, O'Donnell, Olsen, Perea, Quirk, Rendon,
Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone,
Thurmond, Ting, Waldron, Weber, Williams, Wood, Atkins
NO VOTE RECORDED: Travis Allen, Bigelow, Brough, Campos, Chang,
Dahle, Beth Gaines, Gallagher, Harper, Jones, Kim, Linder,
Maienschein, Mathis, Mayes, Melendez, Patterson, Steinorth,
Wagner, Wilk
Prepared by:Brandon Seto / L. & I.R. / (916) 651-1556
8/17/16 16:06:32
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