Senate Bill No. 1100

Introduced by Senator Monning

February 17, 2016

An act to amend Section 6354.7 of, and add Section 6354.8 to, the Labor Code, relating to occupational safety and health.

LEGISLATIVE COUNSEL’S DIGEST

SB 1100, as introduced, Monning. Worker occupational safety and health training and education program.

Existing law requires the Commission on Health and Safety and Workers’ Compensation to establish and maintain a worker and occupational safety and health training and education program and requires the Director of Industrial Relations to establish an insurance loss control services coordinator position, to be funded from the Workers’ Occupational Safety and Health Education Fund. Existing law requires the director to levy and collect fees from workers’ compensation insurers for purposes of the program, with the fees to be deposited in the fund. Moneys in the fund are available for expenditure for the above purposes upon appropriation by the Legislature.

This bill would rename that fund the Workers’ Occupational Safety and Health Injury and Illness Prevention Through Education, Research, and Treatment Fund.

The bill would require the Occupational Health Branch of the State Department of Public Health, by interagency agreement with the Division of Occupational Safety and Health, to provide administrative and programmatic oversight for the establishment, implementation, and evaluation of a California occupational research agenda and a community occupational health program.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

This act shall be known, and may be cited, as
“The Dr. Julia Quint Program for Research, Prevention, and
Treatment of Occupational Injuries and Illnesses.”

SEC. 2.  

Section 6354.7 of the Labor Code, as added by Section
15 of Chapter 866 of the Statutes of 2002, is amended to read:

6354.7.  

(a) The Workers’ Occupational Safety and Health
begin delete Education end delete begin insert Injury and Illness Prevention Through Education,
Research, and Treatment end insert Fund is hereby created as a special
account in the State Treasury. Proceeds of the fund may be
expended, upon appropriation by the Legislature, by the
Commission on Health and Safety and Workers’ Compensation
for the purpose of establishing and maintaining begin delete a worker
occupational safety and health training and education program end delete begin insert the
Worker Occupational Safety and Health Training and Education
Program end insert and an insurance loss control services coordinator. The
director shall levy and collect fees to fund these purposes from
insurers subject to Section 6354.5. However, the fee assessed
against any insurer shall not exceed the greater of one hundred
dollars ($100) or 0.0286 percent of paid workers’ compensation
indemnity amounts for claims as reported for the previous calendar
year to the designated rating organization for the analysis required
under subdivisions (b) and (c) of Section 11759.1 of the Insurance
Code. All fees shall be deposited in the fund.

(b) The commission shall establish and maintain a worker
begin insert occupational end insert safety and health training and education begin delete program. end delete
begin insert program, to be referred to as the Worker Occupational Safety and
Health Training and Education Program, or WOSHTEP. end insert The
purpose of the begin delete worker occupational safety and health training and
education program end delete begin insert WOSHTEP end insert shall be to promote awareness of
the need for prevention education programs, to develop and provide
injury and illness prevention education programs for employees
and their representatives, and to deliver those awareness and
training programs through a network of providers throughout the
state. The commission may conduct the begin delete program end delete begin insert WOSHTEP end insert
directly or by means of contracts or interagency agreements.

(c) The commission shall establish an employer and worker
advisory board for the begin delete program. end delete begin insert WOSHTEP. end insert The begin insert WOSHTEP end insert
advisory board shall guide the development of curricula, teaching
methods, and specific course material about occupational safety
and health, and shall assist in providing links to the target audience
and broadening the partnerships with worker-based organizations,
labor studies programs, and others that are able to reach the target
audience.

(d) The begin delete program end delete begin insert WOSHTEP end insert shall include the development and
provision of a needed core curriculum addressing competencies
for effective participation in workplace injury and illness
prevention programs and on joint labor-management health and
safety committees. The core curriculum shall include an overview
of the requirements related to injury and illness prevention
programs and hazard communication.

(e) The begin delete program end delete begin insert WOSHTEP end insert shall include the development and
provision of additional training programs for any or all of the
following categories:

(1) Industries on the high hazard list.

(2) Hazards that result in significant worker injuries, illnesses,
or compensation costs.

(3) Industries or trades in which workers are experiencing
numerous or significant injuries or illnesses.

(4) Occupational groups with special needs, such as those who
do not speak English as their first language, workers with limited
literacy, young workers, and other traditionally underserved
industries or groups of workers. Priority shall be given to training
workers who are able to train other workers and workers who have
significant health and safety responsibilities, such as those workers
serving on a health and safety committee or serving as designated
safety representatives.

(f) The begin delete program end delete begin insert WOSHTEP end insert shall operate one or more libraries
and distribution systems of occupational safety and health training
material, which shall include, but not be limited to, all material
developed by the program pursuant to this section.

(g) The begin insert WOSHTEP end insert advisory board shall annually prepare a
written report evaluating the use and impact of programs
developed.

(h) The payment of administrative costs incurred by the
commission in conducting the begin delete program end delete begin insert WOSHTEP end insert shall be made
from the Workers’ Occupational Safety and Health begin delete Education end delete
begin insert Injury and Illness Prevention Through Education, Research, and
Treatment end insert Fund.

begin insert

(i) As used in this section, “Worker Occupational Safety and
Health Training and Education Program” or “WOSHTEP” means
the program established and maintained pursuant to subdivision
(b).

end insert

SEC. 3.  

Section 6354.8 is added to the Labor Code, to read:

6354.8.  

The Occupational Health Branch of the State
Department of Public Health, by interagency agreement with the
division, shall provide administrative and programmatic oversight
for the establishment, implementation, and evaluation of a
California occupational research agenda and a community
occupational health program.