BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       SB 1167|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
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                                   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:








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           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








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             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  








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          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  








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          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








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          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  








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          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


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