BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1167| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 SB 1167 Page 2 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 SB 1167 Page 3 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. SB 1167 Page 4 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 SB 1167 Page 5 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 SB 1167 Page 6 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 SB 1167 Page 7 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. SB 1167 Page 8 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 **** END ****