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 ----------------------------------------------------------------- |Policy | Labor |Vote:|5-2 | |Committee: | | | | | | | | | | | | | | ----------------------------------------------------------------- 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: SB 1167 Page 2 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 Page 3 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 SB 1167 Page 4 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