BILL NUMBER: AB 1923	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 24, 2004

INTRODUCED BY   Assembly Member Lowenthal

                        FEBRUARY 10, 2004

   An act to  amend Section 6401.7 of   add
Section 6401.8 to  the Labor Code, relating to occupational
safety and health.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1923, as amended, Lowenthal.  Occupational safety and health
 : emergency response personnel  .
   Existing law requires employers to establish, implement, and
maintain a written injury prevention program that contains certain
mandatory provisions as part of an effort to reduce workplace
injuries.   Existing law further requires that employers
correct unsafe and unhealthy conditions and practices in a timely
manner.    Under existing law, an employer who
knowingly, negligently, or repeatedly violates these provisions is
guilty of a misdemeanor. 
   This bill  would define "unhealthy condition" to include
exposure to a critical incident, as defined, and  would
require  employers or   an employer of 
emergency response personnel  , as defined,  to 
establish, implement, and maintain a critical incident stress program
  make counseling services available to its employees
 for the purpose of relieving stress  suffered by those
employees  generated by exposure to a critical incident  ,
as defined  .  
   This bill would encourage fire departments to seek federal
assistance to aid the departments in making counseling services
available to their employees.
   This bill would additionally provide that an employer of emergency
response personnel that, as of the effective date of this bill,
makes counseling services available to its employees for the purpose
of relieving stress suffered by those employees generated from
exposure to a critical incident, shall be deemed to be in compliance
with the requirements of this bill.
   Because an employer who violates the requirement imposed by this
bill would be guilty of a misdemeanor under existing law, this bill
would impose a state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:   no   yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  
  SECTION 1.  Section 6401.7 of the Labor Code is amended 

  SECTION 1.  Section 6401.8 is added to the Labor Code, to read:
   6401.8.  (a) An employer of emergency response personnel shall
make counseling services available to its employees for the purpose
of relieving stress suffered by those employees generated by exposure
to a critical incident.
   (b) For purposes of this section:
   (1) "Critical incident" means an incident involving mass human
casualties that could adversely affect the psychological and physical
well-being of emergency response personnel.
   (2) "Emergency response personnel" includes workers whose duties
substantially consist of providing emergency response services, but
does not include workers who are occasionally called upon to render
emergency services incidental to their normal duties.
   (c) Fire departments are encouraged to seek federal financial
assistance through the Assistance to Firefighters Grant Program
administered by the United States Office for Domestic Preparedness in
cooperation with the United States Fire Administration to aid the
fire departments in making counseling services available to their
employees, as required by this section.
   (d) An employer of emergency response personnel that, as of the
effective date of this section, makes counseling services available
to its employees for the purpose of relieving stress suffered by
those employees generated by exposure to a critical incident, shall
be deemed to be in compliance with the requirements of this section.

   (e) Compliance with the requirements of this section does not
affect the obligation of an employer of emergency response personnel
to establish, implement, and maintain an effective injury prevention
program, as required by Section 6401.7.   
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.     _____________________________________    All
matter omitted in this version   of the bill appears in the bill   as
introduced in the Assembly,   February 20, 2004 (JR 11)
____________________________________