BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1100|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
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THIRD READING
Bill No: SB 1100
Author: Monning (D)
Amended: 5/31/16
Vote: 21
SENATE LABOR & IND. REL. COMMITTEE: 5-0, 4/6/16
AYES: Mendoza, Stone, Jackson, Leno, Mitchell
SENATE HEALTH COMMITTEE: 9-0, 4/20/16
AYES: Hernandez, Nguyen, Hall, Mitchell, Monning, Nielsen,
Pan, Roth, Wolk
SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/27/16
AYES: Lara, Beall, Hill, McGuire, Mendoza
NOES: Bates, Nielsen
SUBJECT: Worker occupational safety and health training and
education program
SOURCE: Author
DIGEST: This bill expands the purpose of the worker
occupational safety and health training and education program to
include collaboration with the Occupational Health Branch of the
Department of Public Health (DPH) and the provision of training
through an agreement with the University of California (UC)
occupational health centers with the goal of preventing
occupational injuries.
ANALYSIS:
SB 1100
Page 2
Existing law:
1)Establishes the Commission on Health and Safety and Workers'
Compensation (CHSWC) and requires CHSWC to establish a worker
occupational safety and health training and education program
(WOSHTEP). Levies fees on workers' compensation insurers to
fund this purpose, not to exceed $100 or 0.0286% of paid
workers' compensation indemnity amounts for claims for the
previous calendar year (Labor Code §6354.7).
2)Requires that the CHSWC establish an advisory board for
WOSHTEP in order to guide the development of curricula,
teaching methods, and specific course material about
occupational safety and health (Labor Code §6354.7).
3)Requires that WOSHTEP include the development and provision of
a core curriculum addressing competencies for effective
participation in workplace injury and illness prevention
programs, and to develop additional training programs as
specified (Labor Code §6354.7).
4)Instructs the Department of Industrial Relations (DIR) 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 UC 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).
5)Requires the centers to inform the Division of Occupational
Safety and Health Administration of DIR, State Department of
Health Services, and the Department of Food and Agriculture of
their clinical and research findings (Labor Code §50.8).
This bill:
SB 1100
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1)Enacts the "Dr. Julia Quint Program for Research and
Prevention of Occupational Injuries and Illnesses," to
establish a California occupational research agenda, and
provide training with the goals of preventing occupational
injuries suffered by the most vulnerable workers, including
non-English speakers working in high-risk occupations, and
reducing the consequences and costs of those injuries through
early intervention with appropriate care.
2)Modifies the fees levied on workers' compensation insurers to
fund these purposes, not to exceed $100 or 0.0286% of paid
workers' compensation medical and indemnity amounts for claims
for the previous calendar year.
3)Establishes additional requirements for WOSHTEP to work in
collaboration with the Occupational Health Branch of DPH 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.
4)Mandates, further, that WOSHTEP provide training to
community-based health clinics that serve vulnerable workers,
including non-English speakers who work in high-risk
occupations through an agreement with the UC occupational
health centers.
5)Requires the WOSHTEP advisory board to include employer and
worker representatives and experts in occupational safety and
health.
Comments
Need for this bill? In 1978, Central Valley workers were
sterilized after they manufactured a pesticide containing
dibromochloropropane. Subsequently, the Legislature created a
SB 1100
Page 4
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 CHSWC allocates
funds to the UC Berkeley Labor Occupational Health Program and
the UC Los Angeles Labor Occupational Safety & Health Program to
carry out the WOSHTEP. The main purpose of the program is to
train workers and their representatives regarding occupational
health and safety.
Along with these approaches, the author seeks to expand the
existing WOSHTEP to address additional occupational health and
safety issues.
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 WOSHTEP. 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.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
SB 1100
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According to the Senate Appropriations Committee:
1)DPH would incur unknown, but potentially significant costs
(likely in the hundreds of thousands of dollars) as a result
of the bill.
2)The UC would incur unknown, potentially significant costs to
implement its provisions of this bill.
3)DIR would incur increased costs resulting from the additional
programs specified in this bill. The magnitude is unknown, but
could be offset with an increase to an existing assessment.
SUPPORT: (Verified5/31/16)
California Immigrant Policy Center
California Industrial Hygiene Council
California Labor Federation
California Rural Legal Assistance Foundation
Consumer Attorneys of California
Los Angeles County Professional Peace Officers Association
National Employment Law Project
National Lawyers Guild Labor and Employment Committee
Physicians for Social Responsibility, San Francisco Bay Area
Chapter
State Building and Construction Trades Council, AFL-CIO
United Steelworkers Union Local 5
Worksafe
Several individuals
OPPOSITION: (Verified5/31/16)
None received
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ARGUMENTS IN SUPPORT: This bill is supported by the California
Immigrant Policy Center (CIPC), which states that occupational
injury and illness take a significant toll in California, both
in terms of health impacts and costs. CIPC states that this bill
will provide a cost effective, focused, and modest expansion of
funding for programs that will save both California workers and
their families from the economic ravages of work-related
injuries. The California Labor Federation states that no
comprehensive California-focused research agenda exists to
prevent injury and illnesses, and that when workers are injured,
those who are treated in community clinics may not be linked to
medical providers with specialized expertise in work-related
injuries. The director of the University of California, Davis
Agricultural Ergonomics Research Center states that the
partnership between the DPH and DIR will be critical in the
implementation of a broad and visionary occupational health
research agenda. The Labor and Employment Committee of the
National Lawyers Guild states that this bill can bring together
the existing statewide network of trainers developed by WOSHTEP
and engage them with experts and government to identify
priorities for research and improved treatment. The San
Francisco Bay Area Chapter of Physicians for Social
Responsibility supports an expanded role for DPH in conducting
occupational health surveillance and data analyses, and looks
forward to providing input along with other stakeholders in the
establishment and implementation of a California occupational
research agenda.
Prepared by:Brandon Seto / L. & I.R. / (916) 651-1556
5/31/16 21:31:40
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