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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          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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             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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