BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2895|
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THIRD READING
Bill No: AB 2895
Author: Roger Hernández (D)
Amended: 8/2/16 in Senate
Vote: 21
SENATE LABOR & IND. REL. COMMITTEE: 4-1, 6/22/16
AYES: Mendoza, Jackson, Leno, Mitchell
NOES: Stone
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 44-30, 6/2/16 - See last page for vote
SUBJECT: Employee safety: injury prevention programs
SOURCE: California Rural Legal Assistance Foundation
DIGEST: This bill requires, commencing July 1, 2017, an
employer to keep a complete, updated copy of the currently
required written injury prevention program at each worksite with
three or more employees and to make it available for inspection
by any employee or by the Division of Occupational Safety and
Health upon oral request. This bill also requires an employer to
inform each employee and each new hire of the availability of,
and of the employee's rights with respect to inspecting and
receiving, a copy of the written injury prevention program, as
specified. Additionally, an employer that receives a written
request for a copy of the injury prevention program must comply
within a specified timeframe or entitle the employee to
injunctive relief, as specified.
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Page 2
ANALYSIS:
Existing law:
1)Requires all employers to provide a safe and healthy
workplace, and empowers the Division of Occupational Safety
and Health (DOSH, also known as Cal/OSHA) to issue citations
if employees are exposed to workplace hazards, as specified.
2)Requires employers, with some exceptions, to establish,
implement and maintain an effective Injury and Illness
Prevention Program (IIPP).
3)Provides that the IIPP shall be written, except as specified,
and shall include, among other things, the following elements
(Labor Code §6401.7):
a) Identification of the person or persons responsible for
implementing the program.
b) A system for identifying and evaluating 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.
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Page 3
f) The employer's system for ensuring that employees comply
with safe and healthy work practices, which may include
disciplinary action.
This bill:
1)Requires employers to keep an up-to-date complete copy of the
written IIPP at each worksite with three or more employees,
and make it available for inspection by any current employee
or by DOSH (Cal/OSHA) upon an oral request.
2)Requires that the worksite copy be in English, and, if the
language spoken by the majority of the employees is not
English, the worksite copy shall also be in the language
spoken by the majority of the employees at the worksite.
3)Requires employers to inform each current employee and each
new employee at the time of hire, in a language understood by
the employee, of the following:
a) That the employer has a complete copy of the written
IIPP at the worksite;
b) That the employee has a right to inspect the IIPP; and
c) That the employee or his/her authorized representative
has a right to submit a written request to receive a
complete copy of the IIPP.
4)Requires employers who receive a written request for a copy of
the IIPP from a current employee, or his/her authorized
representative, to comply with the request as soon as
practicable, but no later than five business days from the
date of the request and to provide it at no cost.
5)Provides that an employee is entitled to injunctive relief if
an employer has not timely responded to a written request and
has failed to comply with a subsequent written demand from the
employee, provided that DOSH has not already cited the
employer for failure to comply.
6)Provides that these requirements shall be effective on July 1,
2017.
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Background
An 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
Compliance
Communication
Hazard Assessment
Accident/Exposure Investigation
Hazard Correction
Training and Instruction
Recordkeeping
According to Cal/OSHA, in order to be 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. Additionally, employers
must regularly review and update the IIPP in order for it to
remain effective.
Comments
Need for this bill. According to a 2012 OSHA white paper, "The
literature on injury and illness prevention programs also
includes numerous studies that attempt to identify the critical
success features associated with superior health and safety
performance. Gallagher (2001) concludes that management
commitment and employee involvement are the keys to program
success: "[R]ecurring findings across these studies were the
critical role played by senior managers in successful health and
safety management systems, and the importance of effective
communication, employee involvement and consultation." (IIPPs,
OSHA, U.S. Department of Labor)
In November 19, 2015, the Assembly Labor and Employment
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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 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.
According to the author, IIPPs have been proven to help
businesses improve their compliance with existing laws and
regulations, decrease the incidence of workplace injuries and
illnesses, reduce costs (including reductions in workers'
compensation premiums) and enhance their overall business
operations. In an effort to enhance California's existing IIPP
requirements and to address the proven benefit of employee
involvement in the success of IIPP implementation, this bill
requires employers to provide employees with access to the
written IIPPs at the worksite in English and in the language
spoken by the majority of the employees.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
SUPPORT: (Verified8/2/16)
California Rural Legal Assistance Foundation (source)
California Labor Federation
Centro Legal de la Raza
National Employment Law Project
Service Employees International Union
Southern California Coalition for Occupational Safety and Health
The United Farm Workers
WORKSAFE
OPPOSITION: (Verified8/2/16)
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American Petroleum and Convenience Store Association
Associated Builders and Contractors of California
Associated General Contractors
California Apartment Association
California Association for Health Services at Home
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
National Federation of Independent Business
Public Agency Safety Management Association
Residential Contractors Association
Southwest California Legislative Council
T.R. Jacob & Associates, LLC
Walter & Prince, LLP
Western Agricultural Processors Association
Western Carwash Association
Western Growers Association
ARGUMENTS IN SUPPORT: According to the author, California's
DOSH has been aggressive and pro-active in helping employers
understand and comply with existing requirements regarding the
IIPPs. Unfortunately, the author notes, there is still a high
number of injury and deaths, especially among low-wage Latino
immigrant workers, due in part to a lack of knowledge and
understanding of occupational safety due to language barriers.
Proponents argue that current IIPP law does not provide
non-English speaking workers with a meaningful 'right to know'
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. The sponsors argue
that this bill addresses several of the important ways that
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California's IIPP law has failed to keep pace with the changing
realities of the workplace--particularly with respect to
language barriers--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.
Finally, proponents note that the injunctive relief provisions
in the bill are drawn from two existing statutes which provide
for a worker's right to seek injunctive relief to compel
compliance if his/her employer fails to: 1) provide copies of
itemized pay stubs, and 2) provide copies of personnel records.
They note that neither provision has been associated with abuse
by workers.
ARGUMENTS IN OPPOSITION: Opponents, including the California
Chamber of Commerce, are opposed to this this bill because they
believe it creates an unprecedented departure from exclusive
Cal/OSHA enforcement of safety regulations, open ended liability
to employers for a new crime, plus exposure to injunctive action
for a new paperwork violation that presents no risk of injury or
harm to employees. Furthermore, they argue that a need for the
bill has not been demonstrated. Opponents also state that an
electronic or written copy of the program available upon request
should suffice whether or not the copy is in written form at the
location.
According to opponents, the bill creates a new requirement on
employers to inform employees of this new right to inspect the
IIPP that could easily and most appropriately be placed into
existing opportunities to inform new employees regarding the
IIPP. Furthermore, they argue that the program is not required
to be written in multiple languages because its intent is to
provide Cal/OSHA and the employer to review and ascertain
whether or not the program has been properly implemented in the
workplace. They state that its purpose is not to inform the
employee of its content. Programs and training derived from the
IIPP are required to be in languages understood by the
employees.
Furthermore, opponents argue that the provisions of this bill
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are overly burdensome and punitive, particularly in light of the
fact that this information will be of no use to employees
because it consists primarily of the operational and logistical
details of the employer's plan. A failure of the employer to
provide the written copy of the program upon written request
would be subject to Cal/OSHA enforcement and a citation, or
injunctive relief which requires the employer to appear in court
which is unprecedented for enforcement of a Cal/OSHA violation.
According to opponents, creating a new enforcement scheme to
provide employer's documentation to employees and their
representative for a violation that does not create a hazard or
harm to the employee, nor has a demonstrated need sets a public
policy precedent which is unnecessary.
ASSEMBLY FLOOR: 44-30, 6/2/16
AYES: Alejo, Arambula, Atkins, Bloom, Bonilla, Bonta, Brown,
Burke, Calderon, Campos, Chau, Chiu, Chu, Cooper, Dababneh,
Dodd, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez,
Gonzalez, Gordon, Roger Hernández, Holden, Jones-Sawyer,
Levine, Lopez, Low, McCarty, Medina, Mullin, O'Donnell, Quirk,
Ridley-Thomas, Rodriguez, Santiago, Mark Stone, Thurmond,
Ting, Weber, Williams, Wood, Rendon
NOES: Achadjian, Travis Allen, Baker, Bigelow, Brough, Chang,
Chávez, Cooley, Dahle, Frazier, Gallagher, Gray, Grove,
Harper, Irwin, Kim, Lackey, Linder, Maienschein, Mathis,
Mayes, Melendez, Obernolte, Olsen, Patterson, Salas,
Steinorth, Wagner, Waldron, Wilk
NO VOTE RECORDED: Daly, Eggman, Beth Gaines, Hadley, Jones,
Nazarian
Prepared by:Alma Perez-Schwab / L. & I.R. / (916) 651-1556
8/3/16 19:11:10
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