BILL ANALYSIS Ó
AB 2895
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Date of Hearing: May 11, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
AB
2895 (Roger Hernández) - As Amended April 13, 2016
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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
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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.
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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.
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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
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