Amended in Senate April 11, 2016

Senate Bill No. 1100

Introduced by Senator Monning

February 17, 2016

An act to begin delete amend Section 6354.7 of, and end delete add Section 6354.8 to, begin insert and to repeal and amend Section 6354.7 of, end insert the Labor Code, relating to occupational safety and health.

LEGISLATIVE COUNSEL’S DIGEST

SB 1100, as amended, 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 begin delete rename that fund the Workers’ Occupational Safety and Health Injury and Illness Prevention Through Education, Research, and Treatment Fund. end delete begin insert provide that moneys in the Workers’ Occupational Safety and Health Education Fund may be applied to specified collaborative work by the commission in connection with its training and education program. The bill would expand the list of purposes of the training and education program, which would be referred to as the Worker Occupational Safety and Health Training and Education Program, or WOSHTEP, to increase the number of, and assure continued capacity of, specified organizations to train workers and provide services. The bill would require, as part of WOSHTEP, that the commission collaborate with the Occupational Health Branch of the State Department of Public Health and the University of California occupational health centers affiliated with regional schools of medicine and public health, as specified. The bill would repeal duplicative provisions. end insert

begin delete

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.

end delete

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 begin delete Research, Prevention, and
Treatment end delete begin insert Research and Prevention end insert of Occupational Injuries and
Illnesses.” begin insert The intent of this act is to establish a California
occupational research agenda, increase coordination and
collaboration between community occupational health clinics and
the centers for occupational and environmental health, and provide
training with the goals of preventing occupational injuries and
illnesses suffered by the most vulnerable workers, including
non-English speakers working in high-risk occupations, and
reducing the consequences and costs of those injuries and illnesses
through early intervention with appropriate care. end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 6354.7 of the end insert begin insert Labor Code end insert begin insert , as added by Section
84 of Chapter 6 of the Statutes of 2002, is repealed. end insert

begin delete

6354.7.  

(a) The Workers’ Occupational Safety and Health
Education 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 a worker occupational safety and
health training and education program and 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 claims as reported for the
previous calendar year to the designated rating organization for
the analysis required under subdivision (b) 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 safety
and health training and education program. The purpose of the
worker occupational safety and health training and education
program 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 program directly or by means of
contracts or interagency agreements.

(c) The commission shall establish an employer and worker
advisory board for the program. The 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 program 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 program 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 where 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 program 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 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 program shall be made from the
Workers’ Occupational Safety and Health Education Fund.

end delete

begin delete SEC. 2. end delete

begin insert SEC. 3. end insert   

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 Injury and Illness Prevention Through Education, Research, and
Treatment end delete begin insert Education 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 begin delete purpose of
establishing and maintaining the Worker Occupational Safety and
Health Training and Education Program and end delete begin insert purposes specified
in this section and Section 6354.8 and for end insert 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
occupational safety and health training and education program, to
be referred to as the Worker Occupational Safety and Health
Training and Education Program, or WOSHTEP. The purpose of
the WOSHTEP 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, begin insert to increase the number of, and to ensure continued
capacity of, nonprofit provider organizations, including
labor-management cooperation committees, joint
labor-management apprentice programs, labor unions, community
or faith-based organizations that focus on vulnerable workers,
and state government end insert begin insert -supported postsecondary educational
institutions, to train workers and provide related services, end insert and to
deliver those awareness and training programs through a network
of providers throughout the state. The commission may conduct
the WOSHTEP directly or by means of contracts or interagency
agreements.

(c) The commission shall establish an begin delete employer and worker end delete
advisory board for the begin delete WOSHTEP. end delete begin insert WOSHTEP end insert begin insert that includes
employer and worker representatives and experts in occupational
safety and health. end insert The WOSHTEP 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 WOSHTEP 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 WOSHTEP 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 WOSHTEP 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 WOSHTEP 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 WOSHTEP shall be made from the
Workers’ Occupational Safety and Health begin delete Injury and Illness
Prevention Through Education, Research, and Treatment end delete begin insert Education end insert
Fund.

begin delete

(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 delete

begin delete SEC. 3. end delete

begin insert SEC. 4. end insert   

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

begin delete

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.

end delete

begin insert

begin insert 6354.8. end insert   

end insert begin insert

In addition to the duties and functions specified in
Section 6354.7, the Worker Occupational Safety and Health
Training and Education Program shall work in collaboration with:

end insert begin insert

(a) The Occupational Health Branch of the State Department
of Public Health to develop and implement a California
occupational research agenda focused on the prevention of
occupational injuries and illnesses that are most prevalent, serious,
and costly for California employers and employees.

end insert begin insert

(b) The University of California occupational health centers
affiliated with regional schools of medicine and public health, as
established by Section 50.8, to increase coordination and
collaboration, including providing training to community-based
health clinics that serve vulnerable workers, including non-English
speakers, working in high-risk occupations.

end insert