Amended in Assembly August 19, 2016

Amended in Assembly August 16, 2016

Amended in Senate May 31, 2016

Senate BillNo. 1167


Introduced by Senator Mendoza

February 18, 2016


An act to add Section 6720 to the Labor Code, relating to employee safety.

LEGISLATIVE COUNSEL’S DIGEST

SB 1167, as amended, Mendoza. Employment safety: indoor workers: heat regulations.

Under existing law, the California Occupational Safety and Health Act of 1973, the Division of Occupational Safety and Health investigates complaints that a workplace is not safe and may issue orders necessary to ensure employee safety. Under existing law, certain violations of that act or a standard, order, or special order authorized by the act are a crime. Under existing law, the division has adopted regulations establishing a heat illness prevention standard for outdoor workers.

This bill would require the division, bybegin delete July 1, 2018,end deletebegin insert January 1, 2019,end insert to propose to the Occupational Safety and Health Standards Board for the board’s review and adoption, a heat illness and injury prevention standard applicable tobegin delete indoor workers.end deletebegin insert workers working in indoor places of employment.end insert The bill would specify that this requirement does not prohibit the division from proposing, or the standards board from adopting, a standard that limits the application of high heat provisions to certain industry sectors. Because this bill would expand the definition of an existing crime, it would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

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

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

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SECTION 1.  

Section 6720 is added to the Labor Code, to read:

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6720.  

Bybegin delete July 1, 2018,end deletebegin insert January 1, 2019,end insert the division shall
3propose to the standards board for the board’s review and adoption
4a standard that minimizes heat-related illness and injury among
5begin delete indoor workers.end deletebegin insert workers working in indoor places of employment.
6The standard shall be based on environmental temperatures, work
7activity levels, and other factors. In developing the standard, the
8division shall take into consideration heat stress and heat strain
9guidelines in the 2016 Threshold Limit Values and Biological
10Exposure Indices developed by the American Conference of
11Governmental Industrial Hygienists.end insert
This section does not prohibit
12the division from proposing, or the standards board from adopting,
13a standard that limits the application of high heat provisions to
14certain industry sectors.

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SEC. 2.  

No reimbursement is required by this act pursuant to
16Section 6 of Article XIII B of the California Constitution because
17the only costs that may be incurred by a local agency or school
18district will be incurred because this act creates a new crime or
19infraction, eliminates a crime or infraction, or changes the penalty
20for a crime or infraction, within the meaning of Section 17556 of
21the Government Code, or changes the definition of a crime within
22the meaning of Section 6 of Article XIII B of the California
23Constitution.



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