BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       SB 1167|
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                                UNFINISHED BUSINESS 


          Bill No:  SB 1167
          Author:   Mendoza (D) 
          Amended:  8/19/16  
          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

           SENATE FLOOR:  25-12, 6/1/16
           AYES:  Allen, Beall, Block, De León, Glazer, Hall, Hancock,  
            Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leno, Leyva,  
            Liu, McGuire, Mendoza, Mitchell, Monning, Pan, Pavley, Roth,  
            Wieckowski, Wolk
           NOES:  Anderson, Bates, Berryhill, Fuller, Gaines, Huff,  
            Moorlach, Morrell, Nguyen, Nielsen, Stone, Vidak
           NO VOTE RECORDED:  Cannella, Galgiani, Runner

           ASSEMBLY FLOOR:  48-28, 8/24/16 - See last page for vote

           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 (DOSH) to propose to the Occupational Safety and  








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          Health Standards Board (Standards Board) for review and  
          adoption, a standard that minimizes heat-related illness and  
          injury among workers working in indoor places of employment by  
          January 1, 2019. 


          Assembly Amendments (1) delay the due date for the standard from  
          July 1, 2018, to January 1, 2019; (2) require the standard to be  
          based on environmental temperatures, work activity levels, and  
          other factors; (3) require DOSH to take into consideration heat  
          stress and heat strain guidelines developed by the American  
          Conference of Governmental Industrial Hygienists; and (4) change  
          the authorship of the bill.  


          ANALYSIS:


          Existing law:
           
           1)Provides a framework for a safe and healthy workplace through  
            DOSH (also known as Cal/OSHA) and the 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  








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               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; 





             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; and


             d)   Develop and implement written procedures for complying  
               with the heat illness prevention standard.


          This bill:
          
          1)Requires that by January 1, 2019, the DOSH propose for review  
            and adoption by the Standards Board, a standard that minimizes  
            heat-related illness and injury among workers working in  
            indoor places of employment.  









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          2)Requires the standard to be based on environmental  
            temperatures, work activity levels, and other factors. 

          3)Requires, in developing the standard, that DOSH take into  
            consideration heat stress and heat strain guidelines in the  
            2016 Threshold Limit Values and Biological Exposure Indices  
            developed by the American Conference of Governmental  
            Industrial Hygienists. 

          4)Specifies that these provisions do not prohibit DOSH from  
            proposing, or the Standards Board from adopting, 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  
          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, as  
          detailed above.

          Need for this bill? 

          A recent Occupational Safety and Health Appeals Board (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  








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          March 2015, DOSH appealed that decision to the 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 January 1, 2019. 
          
          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes


          According to the Assembly Appropriations Committee,  
          administrative costs to the Department of Industrial Relations  
          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.  


          SUPPORT:   (Verified8/24/16)


          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








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          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:   (Verified8/24/16)


          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 Association of Nurseries and Garden Centers 
          California Attractions and Parks Association
          California Building Industry Association 
          California Chamber of Commerce 
          California Construction and Industrial Materials Association
          California Cotton Ginners and Growers Association 
          California Cut Flower Commission 
          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








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          Motion Picture Association of America 
          National Federation of Independent Business
          Residential Contractor's Association
          Southwest California Legislative Council 
          Western Agricultural Processors Association 
          Western Growers 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 affects a wide range of  
          workers, 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  
          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 argue that this bill is  
          unnecessary since existing regulations already require employers  
          to have written procedures, conduct worksite evaluations,  
          identify and correct worksite hazards, and train employees  
          through their IIPPs. They argue that the IIPP provides both the  
          guidance as well as the flexibility in designing a 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. 









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           ASSEMBLY FLOOR:  48-28, 8/24/16
           AYES:  Alejo, Arambula, Atkins, Bloom, Bonilla, Bonta, Brown,  
            Burke, Calderon, Campos, Chau, Chiu, Chu, Cooley, Dababneh,  
            Dodd, Eggman, Cristina Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Roger Hernández, Holden, Irwin, Jones-Sawyer, Levine,  
            Lopez, Low, Maienschein, McCarty, Medina, Mullin, Nazarian,  
            O'Donnell, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Mark Stone, Thurmond, Ting, Weber, Williams, Wood, Rendon
           NOES:  Achadjian, Travis Allen, Baker, Bigelow, Brough, Chang,  
            Chávez, Dahle, Beth Gaines, Gallagher, Gray, Grove, Hadley,  
            Harper, Jones, Kim, Lackey, Linder, Mathis, Mayes, Melendez,  
            Obernolte, Olsen, Patterson, Steinorth, Wagner, Waldron, Wilk
           NO VOTE RECORDED: Cooper, Daly, Frazier, Eduardo Garcia


          Prepared by:Alma Perez-Schwab / L. & I.R. / (916) 651-1556
          8/25/16 17:37:28


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