BILL ANALYSIS
AB 1923
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Date of Hearing: March 31, 2004
ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
Paul Koretz, Chair
AB 1923 (Lowenthal) - As Introduced: February 10, 2004
SUBJECT : Occupational safety and health.
SUMMARY : Requires the development of critical incident stress
programs for emergency response personnel. Specifically, this
bill :
1)Defines the existing term "unhealthy condition" to include
exposure to a critical incident, as defined.
2)Requires employers of emergency response personnel to
establish, implement, and maintain a critical incident stress
program for the purpose of relieving stress generated by
exposure to a critical incident.
3)Defines "critical incident" as an incident involving mass
human casualties, maiming, or dismemberment, a large life loss
incident, a fatality involving a child, or a fatality or
injury involving a coworker.
EXISTING LAW
1)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.
2)Requires that employers correct unsafe and unhealthy
conditions and practices in a timely manner.
FISCAL EFFECT : Unknown
COMMENTS :
This bill is co-sponsored by the California Professional
Firefighters (CPF) and the California Firefighters Association.
The author and sponsors are concerned that there is no program
designed to relieve stress generated by exposure to a critical
incident. This bill is intended to establish programs for
emergency response personal to help reduce the stress associated
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with involvement in incidents involving mass casualties, certain
other injuries and fatalities, or a fatality or injury involving
a coworker.
The National Fire Protection Association (NFPA), a nonprofit
organization dedicated to reducing the burden of fire and other
hazards, defines the objective of a critical incident stress
program as lessening the impact of a critical incident, put it
into the proper perspective, and help maintain a healthy
outlook. According to NFPA suggested guidelines, a program
should consist of firefighters, support personnel, and mental
health professionals trained in stress related counseling.
The CPF writing in support of this bill argues that fire service
personal may routinely experience psychological and cognitive
reactions after responding to a traumatic incident on the job.
These reactions can include a loss of concentration, anxiety,
grief, and anger. CPF argues that a stress relief program could
reduce the impacts that traumatic incidents may have on
emergency personal, thereby minimizing the health risks that
such incidents would otherwise impose.
The American Federation of State, County and Municipal
Employees, AFL-CIO, supports this bill because "exposure to a
critical incident can adversely affect the psychological and
physical well-being of a person."
The Construction Employer's Association (CEA) have expressed
concern because "emergency response personnel" is not defined in
this bill. CEA states that after the World Trade Center attacks
in 2001, large construction firms were brought in to assist with
rescue operations and clean up. As such, CEA is seeking
clarification.
REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of State, County, and Municipal Employees
California Applicants' Attorneys Association
California Medical Association
California Nurses Association
California Professional Firefighters (CoSponsor)
Opposition
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Construction Employers' Association
Analysis Prepared by : Nick Louizos / L. & E. / (916) 319-2091