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
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          |Author:    |Monning                                              |
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          |Version:   |February 17, 2016                                    |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Brandon Seto                                         |
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            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  








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               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,  







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               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. 







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            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  
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            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







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          WORKSAFE
          2-individuals
          
          OPPOSITION
          None on file.


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