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