BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1167  


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          Date of Hearing:  August 3, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          SB 1167  
          (Leyva) - As Amended May 31, 2016


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          No


          SUMMARY:


          This bill requires, by July 1, 2018, the Division of  
          Occupational Safety and Health (DOSH), to propose to the  
          Occupational Safety and Health Standards Board (standards board)  
          for its review and adoption a standard that minimizes  
          heat-related illness and injury among indoor workers. Specifies  
          DOSH is not prohibited from proposing, or the standards board  
          from adopting, a standard that limits the application of high  
          heat provisions to certain industry sectors.


          FISCAL EFFECT:








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          Administrative costs to the Department of Industrial Relations  
          (DIR) of approximately $232,000 (special funds) in the first  
          year of implementation and $224,000 (special funds) in the  
          second year, to create the indoor heat standard. 





          Enforcement costs are unknown and difficult to predict. DOSH  
          currently utilizes six safety engineers to enforce outdoor heat  
          requirements at a cost of $1.4 million annually. Cost estimates  
          related to enforcement of this bill could be in the $1.4 million  
          range if DOSH needs the same resources to enforce a new indoor  
          heat standard.  





          COMMENTS:


          1)Background. All employers are required to provide a safe and  
            healthy workplace environment, and DOSH is authorized to issue  
            citations if there is evidence that an employee was exposed to  
            a workplace hazard in violation of a DOSH requirement. 


            Currently, DOSH's Heat Illness Prevention standard  
            requirements apply only to outdoor environments. When the  
            standards board considered regulations for heat illness  
            prevention, stakeholders expressed concern that the regulation  
            failed to protect indoor workers. The standards board  
            committed to reconvene an advisory committee to address the  
            risk of heat illness in indoor work environments. The Board  
            also noted that existing regulations, particularly with  








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            respect to Injury and Illness Prevention Program (IIPP), First  
            Aid and Emergency Services, and Provision of Drinking Water  
            apply to employers with indoor workplaces. 





            In July of 2007, DOSH decided not to seek 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 IIPP.  
            Additionally, DOSH produced a flyer that focuses on five key  
            areas of prevention: a written IIPP; frequent drinking of  
            water; rest breaks; acclimation and weather monitoring; and  
            emergency preparedness. 





          2)Purpose. This bill is sponsored by the California Labor  
            Federation, AFL-CIO and the Northern CA District Council of  
            the International Longshore & Warehouse Union.



            While current law requires employers to address all known  
            hazards as part of their IIPP, proponents state that many  
            employers fail to maintain an adequate prevention program and  
            thus many workers remain at risk.  Furthermore, they state  
            that the IIPP is general in nature. They believe basic  
            procedures set forth in the outdoor heat illness regulations  
            would better protect employees facing the same hazard in  
            indoor environments. Supporters note 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  








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            without the proper temperature controls or cooling systems.  





          3)Opposition. Several business groups, including the Chamber of  
            Commerce, are opposed to this bill. The opposition states this  
            bill is unnecessary since existing regulations require  
            employers to have written procedures, to conduct worksite  
            evaluations, to identify and correct worksite hazards, and  
            train employees through their IIPP.  Additionally, they note  
            that DOSH has prepared an instructive informational piece with  
            recommendations for the prevention of heat illness for indoor  
            working environments.  They believe that DOSH has been  
            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.
          Analysis Prepared by:Misty Feusahrens / APPR. / (916)  
          319-2081