BILL ANALYSIS Ó
AB 2895
Page 1
ASSEMBLY THIRD READING
AB
2895 (Roger Hernández)
As Amended May 31, 2016
Majority vote
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Labor |5-2 |Roger Hernández, Chu, |Patterson, Linder |
| | |McCarty, O'Donnell, | |
| | |Thurmond | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |14-6 |Gonzalez, Bloom, |Bigelow, Chang, |
| | |Bonilla, Bonta, |Gallagher, Jones, |
| | |Calderon, Daly, |Obernolte, Wagner |
| | |Eggman, Eduardo | |
| | |Garcia, Roger | |
| | |Hernández, Holden, | |
| | |Quirk, Santiago, | |
| | |Weber, Wood | |
| | | | |
| | | | |
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SUMMARY: Provides for employee access to written injury and
illness prevention programs (IIPPs), as specified.
AB 2895
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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 inform current and new employees, in a
language understood by the employee, that the employer has a
complete copy of the IIPP, that the employee has a right to
inspect it, and that the employee or representative has right
to submit a written request to receive a copy of the IIPP.
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. 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 demand that the employer comply with the written
request for a copy of the IIPP entitles an employee to recover
in a civil action a $750 penalty from the employer, provided
that Cal/OSHA has not cited the employer for the violation..
5)Provides that these requirements shall be effective on July 1,
2017.
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FISCAL EFFECT: According to the Assembly Appropriations
Committee, this bill will result in minor and absorbable costs
to the Department of Industrial Relations.
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.
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
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,
AB 2895
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which will give both employers and Cal/OSHA ample time to come
into compliance with the modest new requirements established by
the bill.
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
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.
In addition, opponents argue that Cal/OSHA enforces all Cal/OSHA
regulations and has a penalty scheme for violations and that the
civil penalty provided in this bill is unnecessary.
Analysis Prepared by:
Ben Ebbink / L. & E. / (916) 319-2091 FN:
0003092