BILL ANALYSIS Ó SENATE COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS Senator Tony Mendoza, Chair 2015 - 2016 Regular Bill No: SB 1100 Hearing Date: April 6, 2016 ----------------------------------------------------------------- |Author: |Monning | |-----------+-----------------------------------------------------| |Version: |February 17, 2016 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Brandon Seto | | | | ----------------------------------------------------------------- Subject: Worker occupational safety and health training and education program KEY ISSUE Should the Legislature rename the Workers' Occupational Safety and Health Education Fund? Should the Legislature require the Department of Public Health and the Division of Occupational Safety and Health to create and oversee an occupational research agenda and health program to augment existing injury and illness prevention programs? ANALYSIS Existing law Maintains a Workers' Occupational Safety and Health Education Fund as a special account in the State Treasury. The proceeds of the fund may be expended, upon appropriation by the Legislature, by the Commission on Health and Safety and Workers' Compensation (Commission) for the purpose of establishing and maintaining a worker occupational safety and health training and education SB 1100 (Monning) Page 2 of ? program (Labor Code §6354.7). Mandates that the Commission establish and maintain a worker safety and health training and education program 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 (Labor Code §6354.7). Requires the Director of the Department of Industrial Relations to levy and collect fees from workers' compensation insurers to fund these purposes (Labor Code §6354.7). Instructs the Department of Industrial Relations to develop a long range program for upgrading and expanding the State's resources in the area of occupational health and medicine. This includes a contractual agreement with the University of California to create occupational health centers affiliated with regional schools of medicine and public health. The centers serve as referral centers for occupational illnesses and engage in research on the causes, diagnosis, and prevention of occupational illnesses (Labor Code §50.8). Requires the centers to inform the Division of Occupational Safety and Health Administration of the Department of Industrial Relations, State Department of Health Services, and the Department of Food and Agriculture of their clinical and research findings (Labor Code §50.8). This Bill Enacts the "The Dr. Julia Quint Program for Research, Prevention, and Treatment of Occupational Injuries and Illnesses." Renames the Workers' Occupational Safety and Health Education Fund as the "Workers' Occupational Safety and Health Injury and Illness Prevention Through Education, SB 1100 (Monning) Page 3 of ? Research, and Treatment Fund." Directs the Commission to 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" whose administrative costs will be paid for out of this fund. Expands the purpose of the fund by requiring 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. COMMENTS 1. Need for this bill? In 1978, Central Valley workers were sterilized after they manufactured a pesticide containing dibromochloropropane. Subsequently, the Legislature created a long-term program to upgrade and expand occupational health resources through university-based training and research (Labor Code §50.8). Then in 2002, the Legislature established the Workers' Occupational Safety and Health Education Fund (Labor Code §6354.7) in order to create an occupational safety and health training and education program. While these efforts are commendable, the author believes that occupational injury and illness continue to take a significant toll in California, both in terms of health impact and costs. Because of this, the author would like to do more to improve occupational health and safety. Currently, the Commission on Health Safety and Workers' Compensation allocates funds to the University of California Berkeley Labor Occupational Health Program and the University California Los Angeles Labor Occupational Safety & Health Program to carry out the worker occupational safety and health training and education program. The main purpose of the program is to train workers and their representatives regarding occupational health and safety. SB 1100 (Monning) Page 4 of ? Along with these approaches, the author seeks to expand the existing worker occupational safety and health training and education program framework to address additional occupational health and safety issues. This would include the development of a California occupational research agenda and a community occupational health program. The California occupational research agenda would focus on identifying and promoting effective ways to prevent workplace hazards, with the intent to reduce the high cost for California workers and businesses of work-related injuries, illnesses and death. Additionally, the occupational health program would link community-based health care programs to occupational health experts who would provide pertinent data and research to treat injured workers seen in those programs and to prevent similar injuries. 2. Proponent Arguments : Proponents believe that SB 1100 increases protections for workers and workplaces by expanding the Worker Occupational Safety and Health Training and Education Program (WOSHTEP). In 2014, the Bureau of Labor Statistics found that nearly half a million California workers had Occupational Safety and Health Administration (OSHA) recordable injuries and illnesses. This rate of occupational injuries and illnesses exceeded the national average and resulted in over 586,000 workers' compensation claims in 2014 alone. Proponents contend that the establishment of a California occupational research agenda (CORA) is critical to fostering long-standing California research efforts to identify and promote effective ways to prevent workplace hazards, thus reducing the high cost of work-related injuries, illnesses, and death for California's workers and businesses. SB 1100 will ensure that occupational research continues to find cost-effective solutions and while fostering new partnerships with worker representatives, employers, and insurance companies to improve workplace safety and health. In addition, proponents argue that California needs an increased capacity for " research to practice (R2P)" activities as an integral part of CORA, to ensure that new research findings are communicated to affected industries and SB 1100 (Monning) Page 5 of ? translated into positive workplace changes. The partnership between the California Department of Public Health and Department of Industrial Relations will be critical in the implementation of a broad and visionary occupational health research agenda. 3. Opponent Arguments : None received. 4. Double Referral: This bill has been double referred and, if approved by this committee, it will be sent to the Senate Health Committee for a hearing. 5. Prior Legislation : AB 749 (Calderon), Chapter 6, Statutes of 2002 - created the Workers' Occupational Safety and Health Education Fund to, among other things, establish and maintain a worker occupational safety and health training and education program. Its goals included promoting awareness of the need for injury and illness prevention education programs, developing and providing these programs for employees and their representatives, and delivering awareness and training programs through a network of providers throughout the state. SUPPORT California Immigrant Policy Center California Labor Federation, AFL-CIO California Occupational Research Agenda Center for Occupational & Environmental Health, University of California Davis Consumer Attorneys of California National Lawyers Guild, Labor & Employment Committee United Steel Workers, LOCAL 5 University of California San Francisco, Occupational & Environmental Health Nursing Program SB 1100 (Monning) Page 6 of ? WORKSAFE 2-individuals OPPOSITION None on file. -- END --