BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2895


                                                                    Page  1





          Date of Hearing:  May 11, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2895 (Roger Hernández) - As Amended April 13, 2016


           ----------------------------------------------------------------- 
          |Policy       |Labor and Employment           |Vote:|5 - 2        |
          |Committee:   |                               |     |             |
          |             |                               |     |             |
          |             |                               |     |             |
          |-------------+-------------------------------+-----+-------------|
          |             |                               |     |             |
          |             |                               |     |             |
          |             |                               |     |             |
          |-------------+-------------------------------+-----+-------------|
          |             |                               |     |             |
          |             |                               |     |             |
          |             |                               |     |             |
           ----------------------------------------------------------------- 


          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          No


          SUMMARY:


          This bill modifies existing law, to require employers to provide  
          access to written injury and illness prevention programs  
          (IIPPs), starting July 1, 2017. Specifically, this bill:  








                                                                    AB 2895


                                                                    Page  2







          1)Requires an employer to keep an up-to-date complete copy of  
            the written IIPP at each worksite, provide a copy to each  
            current employee and to new employees at the time of hire.  
            Also requires the IIPP be made available for inspection by any  
            current employee or by the Division of Occupational Safety and  
            Health (DOSH) upon an oral request.  


          2)Requires the worksite copy, and copies provided to employees,  
            to be in English, and, if the language spoken by the majority  
            of the employees at the worksite is not English, to also be in  
            the language spoken by the majority of the employees at the  
            worksite. If the written plan exceeds 50 pages, requires the  
            employer to 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, to comply with the  
            request as soon as practicable, but no later than five  
            business days from the date a request is received. Requires  
            this copy to 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 $750 penalty from the employer.


          FISCAL EFFECT:


          The Department of Industrial Relations estimates initial costs  
          of approximately $940,000 (special funds) and ongoing costs of  
          approximately $890,000 (special funds) for DOSH to enforce  
          recovery of the penalty fees. All other workload is absorbable.   








                                                                    AB 2895


                                                                    Page  3





           


          COMMENTS:



          1)Purpose. This bill, sponsored by the California Rural Legal  
            Assistance Foundation (CRLAF), addresses an issue raised  
            during a November 2015 informational hearing in the Assembly  
            Labor committee regarding Latino worker health and safety  
            issues. Testimony revealed that many Latino workers,  
            particularly immigrants, lack a basic understanding of  
            workplace health and safety issues and particular hazards at  
            their place of employment. According to CRLAF, adding "worker  
            right to know" provisions to existing law on IIPPs,  
            particularly in languages spoken by the majority of workers on  
            the site, will likely prevent future workplace injuries,  
            illnesses or deaths. The sponsors also note these requirements  
            would not take effect until July 1, 2017, giving both  
            employers and DOSH time to comply with the requirements  
            established by the bill.





          2)Background. 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.  DOSH has developed model programs that employers may  
            use. To incentivize use, non-high hazard employers that adopt,  
            post, and implement a model program in good faith, are not  
            subject to assessment of a civil penalty for a first violation  
            of the requirement to maintain an IIPP.












                                                                    AB 2895


                                                                    Page  4






            This bill includes a $750 penalty on employers that fail to  
            provide a written copy of their IIPP to an employee. This  
            penalty is similar to the existing law penalty for employers  
            that fail to provide access to payroll records and personnel  
            records. DIR anticipates significant administrative costs to  
            set up a system to track, enforce, collect and disburse fines  
            owed to the employee when employers fail to comply with the  
            requirements of the bill.  DOSH currently enforces and  
            assesses penalties on employers who violate health and safety  
            standards however DOSH does not collect penalties directly on  
            behalf of workers that they then need to disburse to them.    





          3)Opposition. Opponents, including the California Chamber of  
            Commerce, contend that the provision of these documents is  
            unnecessary.  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. The opposition also states concerns with the new  
            penalty imposed by this bill on employers. The opposition  
            states that DOSH enforces all DOSH regulations and has a  
            penalty scheme for violations. The imposition of a new penalty  
            issued outside of the current DOSH 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.

          Analysis Prepared by:Misty Feusahrens / APPR. / (916)  
          319-2081












                                                                    AB 2895


                                                                    Page  5