BILL ANALYSIS Ó
SB 1167
Page 1
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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|Policy | Labor |Vote:|5-2 |
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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
SB 1167
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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