BILL ANALYSIS Ó
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Date of Hearing: April 20, 2016
ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
Roger Hernández, Chair
AB 2895
(Roger Hernández) - As Amended April 13, 2016
SUBJECT: Employee safety: injury prevention programs
SUMMARY: Provides for employee access to written injury and
illness prevention programs (IIPPs), as specified.
Specifically, this bill:
1)Requires an employer to keep an up-to-date complete copy of
the written IIPP at each worksite, and make it available for
inspection by any current employee or by the Division of
Occupational Safety and Health (Cal/OSHA) upon an oral
request. The worksite copy shall be in English, and, if the
language spoken by the majority of the employees at the
worksite is not English, the worksite copy shall also be in
the language spoken by the majority of the employees at the
worksite.
2)Requires an employer to provide a complete copy of the written
IIPP to each current employee, and to new employees at the
time of hire. The copy of the written IIPP shall be in
English or, if the language spoken by the majority of the
employees at the worksite is not English, an employee shall be
provided with a copy in the language spoken by the majority of
the employees at the worksite. If the written plan exceeds 50
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pages, the employer shall provide a summary.
3)Requires an employer who receives a written request for a
complete copy of the written IIPP from a current employee, or
his or her authorized representative, shall comply with the
request as soon as practicable, but no later than five
business days from the date a request is received. The copy of
the records shall be provided to the current employee, or to
his or her authorized representative, at no cost.
4)Provides that a failure by an employer to comply with a
written request for a copy of the IIPP entitles an employee to
recover a seven-hundred-fifty-dollar ($750) penalty from the
employer.
5)Provides that these requirements shall be effective on July 1,
2017.
EXISTING LAW:
1)Requires employers to establish, implement, and maintain an
effective IIPP.
2)Provides that the program shall be written, except as
specified, and shall include, but not be limited to, the
following elements:
a) Identification of the person or persons responsible for
implementing the program.
b) The employer's system for identifying and evaluating
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workplace hazards, including scheduled periodic inspections
to identify unsafe conditions and work practices.
c) The employer's methods and procedures for correcting
unsafe or unhealthy conditions and work practices in a
timely manner.
d) An occupational health and safety training program
designed to instruct employees in general safe and healthy
work practices and to provide specific instruction with
respect to hazards specific to each employee's job
assignment.
e) The employer's system for communicating with employees
on occupational health and safety matters, including
provisions designed to encourage employees to inform the
employer of hazards at the worksite without fear of
reprisal.
f) The employer's system for ensuring that employees comply
with safe and healthy work practices, which may include
disciplinary action.
FISCAL EFFECT: Unknown
COMMENTS: An injury or illness prevention program (IIPP) is a
basic written workplace safety program. California law requires
every employer to develop and implement an effective IIPP. The
specific elements of a written IIPP are set forth in the Labor
Code and the Cal/OSHA regulations and include the following:
Responsibility
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Compliance
Communication
Hazard Assessment
Accident/Exposure Investigation
Hazard Correction
Training and Instruction
Recordkeeping
According to Cal/OSHA, in order to effective, an IIPP must fully
involve all employees, supervisors, and management, identify the
specific workplace hazards employees are exposed to, correct
identified hazards in an appropriate and timely manner, and
provide effective training
Three model IIPPs are available from Cal/OSHA. They are:
CS 1A - Workplace Injury and Illness Prevention Model
Program for High Hazard Employers
CS 1B - Workplace Injury and Illness Prevention Model
Program for Non-High Hazard Employers
CS 1C - Workplace Injury and Illness Prevention Model
Program for Employers with Intermittent Workers
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There are no requirements to use these model programs. However,
any employer in an industry which has been determined by Cal/
OSHA as being non-high hazard and who adopts, posts, and
implements the Workplace Injury and Illness Prevention Model
Program for Non-High Hazard Employers in good faith is not
subject to assessment of a civil penalty for a first violation
of the requirement to maintain an IIPP.
On November 19, 2015, this committee conducted an informational
hearing entitled, "Latino Worker Health and Safety Issues:
Exploring Causes and Potential Solutions." Among other things,
the hearing sought to explore some of the challenges experienced
by Latino workers in greater detail, and to identify policy and
other recommendations to address these concerns and improve
workplace health and safety for Latino workers.
Several witnesses at the hearing testified that many Latino
workers, particularly immigrants, lack a basic understanding of
workplace health and safety issues and particular hazards at
their place of employment.
Arguments in Support
This bill is sponsored by the California Rural Legal Assistance
Foundation (CRLAF) who argues that it will amend the current
law related to IIPPs to add 'worker right to know' provisions
that likely will operate to prevent future workplace injuries,
illnesses and deaths, especially among California's vulnerable
low-wage and immigrant workers. The bill addresses several
issues which are absent in current IIPP law.
CRLAF argues that, in general, the purpose of requiring
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employers to have an IIPP is to help them to provide better
workplace protection for their employees, and to reduce losses
resulting from accidents and injuries. However, current IIPP
law does not provide non-English speaking workers with a
meaningful 'right to know' the hazards at any given worksite
because employers are not even required to have IIPPs at
worksites, and there is no requirement that the IIPP be in any
other language even if a majority of the workers speak a
language other than English.
Therefore, this bill addresses several of the important ways
that California's IIPP law has failed to keep pace with the
changing realities of the workplace--and particularly with
respect to the large number of workers who speak languages other
than English--by giving them access to potentially key
information at the work site and when they are hired. The
sponsor notes that this bill goes into effect on July 1, 2017,
which will give both employers and Cal/OSHA ample time to come
into compliance with the modest new requirements established by
the bill.
Arguments in Opposition
Opponents, including the California Chamber of Commerce, argue
that the information required to be provided will be of no use
to employees because it consists primarily of the operational
and logistical details of the employer's plan. They contend
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that the provision of these documents is unnecessary. Employers
are required to establish and maintain an IIPP that includes
specified information. Moreover, implementation of an IIPP
requires employers to provide information to employees at
critical times regarding working safely through communication
and training. Providing a paper copy of the program itself to
all employees is simply redundant. Furthermore, while companies
strive to be good "green" citizens, producing massive amounts of
paper with little to no benefit is counterproductive to the
"green goals" of the state.
In addition, opponents argue that Cal/OSHA enforces all Cal/OSHA
regulations and has a penalty scheme for violations. The
imposition of a new penalty issued outside of the current
Cal/OSHA enforcement system could create double jeopardy for the
employer, with a possible citation and fine from the division as
well as a windfall to the employee directly from the employer
for a paperwork violation.
REGISTERED SUPPORT / OPPOSITION:
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Support
California Labor Federation, AFL-CIO
California Rural Legal Assistance Foundation (sponsor)
National Employment Law Project
SoCalCOSH
United Farm Workers
Worksafe
Opposition
Associated Builders and Contractors of California
Associated General Contractors
California Apartment Association
California Association of Health Services at Home
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California Attractions and Parks Association
California Chamber of Commerce
California Construction and Industrial Materials Association
California Cotton Ginners Association
California Cotton Growers Association
California Farm Bureau Federation
California Framing Contractors Association
California Grocers Association
California League of Food Processors
California Manufacturers & Technology Association
California Professional Association of Specialty Contractors
California Retailers Association
Family Business Association of California
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National Federation of Independent Business
Public Agency Safety Management Association
Residential Contractors Association
Walter & Prince, LLP
Western Agricultural Processors Association
Western Carwash Association
Western Growers Association
Analysis Prepared by:Ben Ebbink / L. & E. / (916) 319-2091
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