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