BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:             SB 1420            
           ----------------------------------------------------------------- 
          |Author:    |Mendoza                                              |
          |-----------+-----------------------------------------------------|
          |Version:   |March 28, 2016                          Hearing      |
          |           |Date:    April 6, 2016                               |
           ----------------------------------------------------------------- 
           ----------------------------------------------------------------- 
          |Urgency:   |No                     |Fiscal:    |Yes              |
           ----------------------------------------------------------------- 
           ----------------------------------------------------------------- 
          |Consultant:|Lenin Del Castillo                                   |
          |           |                                                     |
           ----------------------------------------------------------------- 
          
          NOTE:     This bill has been referred to the Committees on  
                    Education and Health.  A "do pass" motion should  
                    include referral to the Committee on Health.
          
          Subject:  Child care and development:  occupational health and  
          safety training


            SUMMARY
          
          This bill requires all licensed caregivers for children to  
          complete a one-time training on occupational health and safety  
          risks specific to the child care profession and on how to  
          identify and avoid those risks.  The bill also requires State  
          Department of Education (SDE) to develop the curriculum for the  
          training in consultation with the State Department of Public  
          Health and also compensate a caregiver for attending the  
          training.  

            BACKGROUND
          
          Existing law establishes the Child Care and Development Services  
          Act to provide child care and development services as part of a  
          coordinated, comprehensive, and cost-effective system serving  
          children from birth to 13 years old and their parents, including  
          a full range of supervision, health, and other support services  
          through full- and part-time programs.  (Education Code § 8200,  
          et seq.) 

          Existing law also stablishes the California Child Day Care  







          SB 1420 (Mendoza)                                       Page 2  
          of ?
          
          
          Facilities Act provides for the licensure and regulation of  
          family day care homes by the Department of Social Services and  
          encourages the development of licensing staff with knowledge and  
          understanding of children and child care needs.  (Health and  
          Safety Code § 1596.73) 

            ANALYSIS
          
          This bill:

             1)   Provides various legislative findings and declarations,  
               including the following:

                  a)        Improving occupational health and safety in  
                    all lines of work is a priority for the State of  
                    California, and that focus should extend to child care  
                    caregivers.

                  b)        Child care caregivers are at risk for  
                    occupational health and safety risks on the job,  
                    including from toxic chemicals, illness, stress, and  
                    physical hazards such as lifting and bending.   
                    According to the Bureau of Labor Statistics, child  
                    care workers have musculoskeletal injury rates  
                    comparable to those of industrial truck and tractor  
                    operators and construction equipment operators.  

             1)   Makes the following definitions:

                  a)        Caregivers means licensed caregivers and  
                    license-exempt caregivers.

                  b)        Department means the State Department of  
                    Education (SDE).

                  c)        Licensed caregiver means a person who works  
                    directly with children and is a child care provider,  
                    an administrator, or an employee of a licensed child  
                    day care facility.

                  d)        Licensed-exempt caregiver means a person who  
                    works directly with children under a publicly funded  
                    child care program, and is a child care provider who  
                    is exempt from licensing requirements pursuant to  








          SB 1420 (Mendoza)                                       Page 3  
          of ?
          
          
                    Section 1596.792 of the Health and Safety Code, or the  
                    employee of such a child care provider, but excludes  
                    caregivers who are the relatives of the children they  
                    care for.

                  e)        Publicly funded child care program means a  
                    program administered by the SDE, the State Department  
                    of Social Services, or another department, agency, or  
                    political subdivision of the state, including, but not  
                    limited to, child care voucher programs, the  
                    California State Preschool Program, child care center  
                    contracts and programs established subsequent to the  
                    passage of this article, to subsidize early learning  
                    and care for children, but not including the public  
                    education system.  

             1)   Requires a caregiver to attend a one-time, two-hour  
               training on occupational health and safety risks specific  
               to the child care profession, and on how to identify and  
               avoid those risks.  

             2)   Requires a caregiver to complete this training within  
               two years of when the training is first offered pursuant to  
               this act, or within three months of the caregiver beginning  
               to care for children in a licensed child day care facility,  
               whichever occurs later.

             3)   Requires the training to include all of the following:

                  a)        A discussing of all of the following risks and  
                    how the risks can be identified and minimized in a  
                    child care setting:  chemical and biological hazards;  
                    infectious disease; and physical hazards and stress.

                  b)        Small-group and large-group discussion. 

                  c)        An opportunity for a caregiver to learn from  
                    current child care professionals. 

                  d)        Presentations by associations or organizations  
                    of child care caregivers about their professional  
                    development offerings for caregivers, upon approval by  
                    the State Department of Education (SDE). 









          SB 1420 (Mendoza)                                       Page 4  
          of ?
          
          
                  e)        An opportunity for a caregiver to give  
                    feedback on the training he or she has received.

             1)   Requires the SDE, in consultation with the State  
               Department of Public Health and child care caregivers, to  
               develop the curriculum for the training.

             2)   Requires the SDE to compensate a caregiver for his or  
               her time for attending the training.

             3)   Requires the SDE to contract with an entity to provide  
               the occupational health and safety training.  Based on a  
               competitive process, the SDE shall select an entity that  
               meets all of the following requirements:

                  a)        Has experience providing occupational health  
                    and safety training, as specified, to caregivers.

                  b)        Trains caregivers to give the required  
                    training to other caregivers.

                  c)        Will provide periodic updates on health and  
                    safety matters to caregivers who have completed the  
                    training.

             1)   Requires the SDE, on a monthly basis, to provide lists  
               of the caregivers who have attended the training and of  
               those who are required to attend the training, but have not  
               yet attended, and their contact information, to the entity  
               selected to provide the training, to enable the entity to  
               provide periodic updates to affected caregivers on health  
               and safety issues and other educational information.  

             2)   Requires the SDE and the entity it selects to provide  
               the training to comply with the Dymally-Alatorre Bilingual  
               Services Act, as specified, which includes, among  
               alternative communication options, providing the same type  
               of training materials in any non-English language spoken by  
               a substantial number of members of the public whom the SDE  
               serves.

             3)   Provides that the provisions of this bill take effect  
               July 1, 2017.









          SB 1420 (Mendoza)                                       Page 5  
          of ?
          
          
          STAFF COMMENTS
               
          1)   Need for the bill.  According to the author's office,  
               "there are limited training options for caregivers, and  
               little instruction is offered in terms of workers' health  
               and safety on the job. This matter is of particular  
               importance for home-based caregivers who are considered  
               independent contractors.  These workers are at high risk of  
               lacking health care and are typically ineligible for  
               worker's compensation if injured while working.  According  
               to the Bureau of Labor Statistics, child care workers  
               accrued over 1,100 musculoskeletal lost-time injuries, with  
               a median of 30 lost days of work, in 2010.  Child care  
               caregivers have musculoskeletal injury rates comparable to  
               industrial truck and tractor operators, construction  
               equipment operators, and shipping and receiving clerks."

               This bill seeks to provide training that will improve the  
               health and safety for caregivers and the children in their  
               care.   

          2)   Child Care and Development Block Grant.  The federal Child  
               Care and Development Block Grant of 2014 (P.L. 113-186)  
               reauthorized the Child Care and Development Block Grant Act  
               of 1990.  This reauthorization included a number of changes  
               intended to address health and safety requirements, quality  
               of care, and consumer and provider education, including a  
               section on training and professional development  
               requirements designed to enable child care providers to  
               promote the social, emotional, physical, and cognitive  
               development of children and to improve the knowledge and  
               skills of the child care workforce.  While there are  
               existing training programs available in the state, this  
               bill requires specific training on occupational health and  
               safety practices and standards.  

               The State Plan for the Child Care Development Block Grant  
               includes a section on training and professional  
               development.  However, it does not specifically make  
               reference to occupational health and safety training for  
               the child care workforce and appears to focus on the health  
               and safety of children.  

          3)   Provider lists.  This bill requires the State Department of  








          SB 1420 (Mendoza)                                       Page 6  
          of ?
          
          
               Education (SDE), to provide a list of the caregivers who  
               have attended the training on a monthly basis along with  
               their contact information, in order to provide this  
               information to the training provider and track compliance.   
               While the existing Alternative Payment Providers currently  
               maintain lists of family child care providers by county,  
               there is no statewide list of family child care providers.   
               Therefore, SDE would need to develop a centralized list of  
               all family child care providers statewide which would  
               likely require additional costs to update their child  
               development management information systems as well as  
               additional state operations to collect and track this  
               information.  

          4)   Funding?  This bill requires the SDE to compensate a  
               caregiver for his or her time for attending the training  
               but makes no clear provision as to the source of funds for  
               this purpose.  Is there an expectation that the Legislature  
               and Governor would appropriate funding for this purpose in  
               the budget?  

          5)   Previous legislation.  This bill is similar to provisions  
               of SB 548 (De Leon, 2015), which among other things,  
               required the SDE to ensure that all family child care  
               providers attend in-person orientation training, as  
               specified, and for SDE and the California Department of  
               Social Services to make information regarding family child  
               care providers available to provider organizations, as  
               specified.  This bill was heard and passed this Committee  
               on April 22, 2015, by a vote of 7-2 and was subsequently  
               vetoed by the Governor, whose message read:

                    "I am returning SB 548 without my signature,  
                    because the bill prematurely anticipates what  
                    will be necessary to comply with the new federal  
                    Child Care and Development Block Grant Act of  
                    2014.
          
                    California will need to be in compliance with an  
                    abundance of new requirements, not all of which  
                    are clear at this juncture. The Department of  
                    Education is currently working with stakeholders  
                    to update our state's plan, to be submitted by  
                    March 1, 2016, after further federal guidance is  








          SB 1420 (Mendoza)                                       Page 7  
          of ?
          
          
                    issued.  Public input will be sought prior to the  
                    finalization of the plan.

                    As part of that work, I will direct the State  
                    Advisory Council on Early Learning and Care to  
                    work with the department and review how the state  
                    can best position itself to meet those  
                    requirements efficiently and effectively,  
                    including the delivery of any training."  
          
            SUPPORT
          
          Service Employees International Union

            OPPOSITION
           
           None received.



                                      -- END --