BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1167| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 1167 Author: Leyva (D) Amended: 5/31/16 Vote: 21 SENATE LABOR & IND. REL. COMMITTEE: 4-1, 4/6/16 AYES: Mendoza, Jackson, Leno, Mitchell NOES: Stone SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/27/16 AYES: Lara, Beall, Hill, McGuire, Mendoza NOES: Bates, Nielsen SUBJECT: Employment safety: indoor workers: heat regulations SOURCE: California Labor Federation, AFL-CIO Northern California District Council of the International Longshore & Warehouse Union DIGEST: This bill requires the Division of Occupational Safety and Health to propose for review and adoption a standard that minimizes heat-related illness and injury among indoor workers by July 1, 2018. In the creation and adoption of this standard, this bill authorizes the division to limit the application of high heat provisions to certain industry sectors. ANALYSIS: Existing law: SB 1167 Page 2 1)Provides a framework for a safe and healthy workplace through the Division of Occupational Safety and Health (DOSH, also known as Cal/OSHA) and the Occupational Safety and Health Standards Board (Standards Board) in the adoption and enforcement of standards. 2)Requires all employers to provide a safe and healthy workplace, and empowers DOSH to issue citations if evidence is found of employee exposure to workplace hazards in violation of a DOSH standard. 3)Requires employers, with some exceptions, to establish, implement and maintain an effective Injury and Illness Prevention Program (IIPP) that includes, among other things, the following (Labor Code §6401.7): a) A system for identifying workplace hazards, including scheduled periodic inspections to identify unsafe conditions and practices - as well as methods and procedures for correcting them; b) A training program designed to instruct employees in general safe and healthy work practices; and c) A system for communicating with employees, including provisions that encourage employees to inform employers of hazards at the worksite without fear of reprisal. 4)Requires, under the DOSH Heat Illness Prevention regulations, all employers with outdoor worksites to take the following steps to protect their employees from heat illnesses: a) Provide heat illness prevention training to all employees; b) Provide enough fresh water free of charge so that each employee can drink at least one quart per hour, or four 8-ounce glasses, for the shift; and SB 1167 Page 3 c) Provide access to shade and encourage employees to take a cool-down rest period in the shade for at least five minutes when an employee believes he or she needs a preventive recovery period. d) Develop and implement written procedures for complying with the heat illness prevention standard. This bill requires that by July 1, 2018, the DOSH propose for review and adoption by the Standards Board, a standard that minimizes heat-related illness and injury among indoor workers. This bill authorizes the DOSH to propose, and the Standards Board to adopt, a standard that limits the application of high heat provisions to certain industry sectors. Background Following a rash of heat-related deaths in the agricultural industry in July of 2005, AB 805 (Chu) was introduced to address heat illness by requiring the Standards Board to adopt an effective occupational safety and health standard for heat illness prevention and response for all employees at risk of heat illness. The bill was held under submission by the Senate Appropriations Committee; however, as a result of this legislative push for regulatory action, the Standards Board promulgated an outdoor heat illness prevention regulation. This regulation requires employers to follow specified guidelines to prevent heat illness in outdoor places of employment, which were detailed above. During the public comment period for the regulation, some stakeholders argued that the regulation failed to protect many at-risk workers who work indoors and are exposed to heat-related illness. The Standards Board's Final Statement of Reasons in support of the regulation responded to these concerns by recognizing that heat illness is not limited to outdoor work environments and committing to reconvene an advisory committee to address the risk of heat illness in indoor work environments. The Standards Board also noted that existing regulations, particularly with respect to Injury and Illness Prevention SB 1167 Page 4 Program, First Aid and Emergency Services, and Provision of Drinking Water still apply to employers with indoor workplaces. In July 2007, the DOSH announced that it would not be seeking an indoor heat illness standard citing a small number of cases of indoor heat investigated since 2006. Due to the low case load, DOSH staff concluded the situation was best handled with more attention to existing worker training regulations as part of the Injury and Illness Prevention Program (IIPP). Additionally, DOSH produced a flyer entitled "Cal/OSHA Heat Illness Prevention for Indoor Working Environments" which focuses on five key areas of prevention, a written IIPP; frequent drinking of water; rest breaks; acclimation and weather monitoring; and emergency preparedness. Need for this bill? A recent Occupational Safety and Health Appeals Board decision affirms the responsibility of employers to ensure indoor heat illness is addressed through their IIPP. The case stemmed from a 2012 serious citation issued to Tri-State Staffing and warehouse operator National Distribution Center for the heat illness suffered by an employee who was working inside a metal freight container with a temperature of over 100 degrees. DOSH penalized both companies for failing to implement an effective IIPP and both companies appealed the citation winning their case before an administrative law judge (ALJ). In March 2015, DOSH appealed that decision to the Occupational Safety and Health Appeals Board stating that the employers had failed to effectively correct the indoor hazard and had not trained employees on indoor heat exposure. In November 2015, the ALJ's decision was overturned by the Appeals Board reinforcing the responsibility that employers have to protect the health and safety of their workers, including those working indoors. While this recent Appeals Board decision helps reinforce the importance of indoor heat preparedness, proponents argue that it is not enough to protect workers. This bill requires the adoption of a standard that minimizes heat-related illness and injury among indoor workers by July 1, 2018. FISCAL EFFECT: Appropriation: No Fiscal SB 1167 Page 5 Com.:YesLocal: Yes According to the Senate Appropriations Committee, DIR indicates that it would incur first-year costs of $232,000 and second-year costs of $224,000 (special funds) to create the indoor heat standard. Enforcement costs are unknown, but could total $1.4 million annually. SUPPORT: (Verified5/27/16) California Labor Federation, AFL-CIO (co-source) Northern California District Council of the International Longshore & Warehouse Union (co-source) California Conference Board of the Amalgamated Transit Union California Professional Firefighters California Rural Legal Assistance Foundation California Teamsters Public Affairs Council Engineers & Scientists of California, IFPTE Local 20, AFL-CIO International Longshore and Warehouse Union National Lawyers Guild - Labor & Employment Committee Professional and Technical Engineers, IFPTE Local 21, AFL-CIO United Farm Workers UNITE-HERE, AFL-CIO Utility Workers Union of America Western Occupational and Environmental Medicine Association WORKSAFE OPPOSITION: (Verified5/27/16) Agricultural Council of California Associated Builders and Contractors of California Associated General Contractors of California CalAsian Chamber of Commerce California Association of Joint Powers Authorities California Attractions and Parks Association SB 1167 Page 6 California Building Industry Association California Chamber of Commerce California Construction and Industrial Materials Association California Cotton Ginners and Growers Association California Farm Bureau Federation California Framing Contractors Association California Fresh Fruit Association California Grocers Association California League of Food Processors California Lodging Industry Association California Manufacturers & Technology Association California Nurseries and Garden Centers California Professional Association of Specialty Contractors California Restaurant Association California Retailers Association California Travel Association Condon-Johnson & Associates, Inc. FarWest Equipment Dealers Association Independent Lodging Industry Association Motion Picture Association of America National Federation of Independent Business Residential Contractor's Association Southwest California Legislative Council Western Agricultural Processors Association Western Steel Council Wine Institute ARGUMENTS IN SUPPORT: According to proponents, every year, an unknown number of workers in California die from heat illness. More are hospitalized, and even far more suffer exposure but fear retaliation and never report symptoms to their employer. They argue that the problem goes beyond just one industry since affected workers range from warehouse workers to laundry workers to restaurant workers where temperatures can quickly reach unsafe and deadly levels without the proper temperature controls or cooling systems. While current law requires employers to address all known hazards as part of their IIPP, proponents argue that many employers fail to maintain an adequate prevention program and thus many workers remain at risk. Furthermore, they argue that SB 1167 Page 7 the IIPP is general in nature and the basic procedures set forth in the outdoor heat illness regulations would better protect employees facing the same hazard in indoor environments. ARGUMENTS IN OPPOSITION: Opponents of this bill argue that this bill is unnecessary since existing regulations already require employers to have written procedures, to conduct worksite evaluations, to identify and correct worksite hazards, and train employees through their IIPP. They argue that the IIPP provides both the guidance as well as the flexibility in designing a prevention, training and response proposal that responsibly balances the health and safety of workers with employer needs. Additionally, they note that Cal/OSHA has prepared an instructive informational piece with recommendations for the prevention of heat illness for indoor working environments. Further, they argue that if in fact indoor heat illness prevention presents a hazard which is not being adequately addressed, Cal/OSHA has other methods with which to effect compliance with current regulations. The Consultation Unit creates educational materials, provides employer workplace consultations and inspections, and provides outreach and educational workshops and forums for employers. They believe that Cal/OSHA has been very effective in developing and implementing special emphasis programs to increase compliance and argue that a collaborative approach can be more effective rather than adopting duplicative regulations. Prepared by:Alma Perez-Schwab / L. & I.R. / (916) 651-1556 5/31/16 22:13:14 **** END **** SB 1167 Page 8