BILL ANALYSIS Ó
AB 520
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CONCURRENCE IN SENATE AMENDMENTS
AB
520 (Levine and Atkins)
As Amended August 15, 2016
Majority vote
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|ASSEMBLY: |60-0 |(April 27, |SENATE: |27-12 |(August 22, |
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Original Committee Reference: L. & E.
SUMMARY: Requires the Occupational Safety and Health Standards
Board (Standards Board) to adopt a standard that requires
employers performing corrosion prevention work on industrial and
infrastructure projects to use trained and certified personnel,
as specified, and makes other changes to existing law.
The Senate amendments:
1)Require the Standards Board, by June 1, 2017, to adopt a
standard that requires employers performing corrosion
prevention work on industrial and infrastructure projects to
use trained and certified personnel.
2)Specify that the standard shall include all of the following:
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a) 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).
b) 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.
c) 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.
d) Provisions that allow corrosion prevention work to be
performed by apprentices registered in an industrial
apprenticeship program approved by the Division of
Apprenticeship Standards (DAS) that provides training to
meet the NACE 13/ACS 1 standard.
e) 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.
f) An appropriate phase-in period for the certification
requirement that ensures full implementation of the
standard by January 1, 2020.
g) A definition of corrosion prevention work that includes
surface preparation, including abrasive blasting, and
application of protective coatings and linings, including
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spray application, to steel and concrete surfaces for the
purpose of corrosion prevention.
h) 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 these systems or precast concrete work is performed
by either:
i) Skilled journeypersons who are graduates of an
apprenticeship program for the applicable occupation that
was either approved by the DAS or located outside
California and approved for federal purposes pursuant to
the apprenticeship regulations adopted by the federal
Secretary of Labor.
ii) Apprentices registered in an apprenticeship program
for the applicable occupation that was approved by the
DAS.
i) 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.
3)Provide that this bill 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 bill shall be
interpreted to preclude the Standards Board from adopting
standards that include elements or requirements additional to,
or broader in scope than, those described in this bill.
FISCAL EFFECT: Unknown
COMMENTS: The SSPC and the NACE are third-party organizations
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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.
In 2004, the SPPC 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. According to the author, 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.
In 2013, the Legislature passed SB 792 (Padilla), which required
the Director of the Department of Industrial Relations (DIR), in
consultation with the Department of Toxic Substances Control, to
adopt regulations establishing standards for the performance of
corrosion prevention and mitigation work on public projects that
reflect industry best practices.
The author and the sponsor of SB 792 (the International Union of
Painters and Allied Trades), argued that the well-being of
California and its people is dependent upon the quality and
integrity of its water infrastructure, bridges, roads and
industrial structures. Ensuring the reliability of these public
assets depends primarily on two factors: the performance of
proper, timely preventive maintenance by certified workers as
well as the extent and severity of structural corrosion or other
deterioration. They argued that as California is poised to
spend more than $7 billion on water infrastructure in the near
future, preventative measures like corrosion prevention
applications should be a part of all new construction,
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retrofitting, and maintenance work. This protects against
deterioration of the building materials, as well as
environmental contamination from leakage, breaks, or the release
of toxics.
However, SB 792 was vetoed by Governor Brown. In his veto
message, the Governor stated:
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.
On August 26, 2015, the International Union of Painters and
Allied Trades filed a petition with the Standards Board to amend
the General Industry Safety Orders to adopt a safety and health
standard governing the performance of corrosion prevention work
on industrial and infrastructure projects in California. The
Standards Board convened an advisory committee to discuss the
necessity for amending the current standards to include the
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requirements of the NACE 13/ACS 1 standard.
However, such a standard has not yet been adopted by the
Standards Board. The petitioner and supporters have expressed
concerns that there have been delays between meetings of the
advisory committee, and that the Standards Board is considering
dispensing with the requirement of independent third party
certification, which they contend is an essential component of
any effective, enforceable regulation in this area.
Supporters of this bill argue that it would reduce long-term
costs and ultimately save taxpayer money. They argue that the
NACE 13 ACS/1 standard is the most widely recognized standard by
public and private entities on their corrosion prevention
projects. This would not only prevent early deterioration due
to corrosion and related environmental contamination, but also
ensure that the highest industry safety standards are applied on
what is often very dangerous work.
Opponents argue that this bill differs from other requirements
of existing law by mandating a particular regulatory scheme.
They argue that this bill bypasses any evaluation of industry
practices and procedures and mandates a new certification
requirement in the final weeks of the legislative session where
there will be scant opportunity for the public, industry and
others to opine on the new mandates. Furthermore, they raise
numerous concerns about the specific requirements of the bill,
including the fact that it sets a single standard for training
and establishes a monopoly for SSPC and NACE.
Analysis Prepared by:
Ben Ebbink / L. & E. / (916) 319-2091 FN:
0004398
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