BILL ANALYSIS
AB 1923
Page 1
ASSEMBLY THIRD READING
AB 1923 (Lowenthal)
As Amended May 24, 2004
Majority vote
LABOR AND EMPLOYMENT 8-0 APPROPRIATIONS 15-5
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|Ayes:|Koretz, Mullin, Chan, |Ayes:|Chu, Berg, Calderon, |
| |Chu, Shirley Horton, | |Corbett, Firebaugh, |
| |Houston, Laird, Leno | |Goldberg, Leno, Nation, |
| | | |Negrete McLeod, Oropeza, |
| | | |Pavley, Ridley-Thomas, |
| | | |Wesson, Wiggins, Yee |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Runner, Bates, Daucher, |
| | | |Haynes, Keene |
| | | | |
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SUMMARY : Requires the development of critical incident stress
programs for emergency response personnel. Specifically, this
bill :
1)Requires employers of emergency response personnel to make
counseling services available to these employees to relieve
stress generated by exposure to a critical incident.
2)Defines "critical incident" as an incident involving mass
human casualties that could adversely affect the psychological
and physical well-being of its emergency response personnel.
3)Defines "emergency response personnel" as including workers
whose duties substantially consist of providing emergency
response services, but does not include workers who are
occasionally called upon to render emergency services that are
only incidental to their normal duties.
4)Encourages fire departments to seek federal financial
assistance, as specified, to aid in the implementation of a
critical incident stress program pursuant to this section.
5)Provides that an employer of emergency response personnel
that, as of the effective date of this bill, has established,
implemented, and continues to maintain a program designed to
AB 1923
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make counseling services available to relieve stress resulting
from the exposure to a critical incident, shall be deemed to
be in compliance with this bill.
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 : According to the Assembly Appropriations
Committee, one-time rulemaking costs in the range of $150,000 in
2004-05 to the Occupational Safety and Health Standards Board
within the Department of Industrial Relations to establish and
adopt a standard for emergency response personnel critical
incident stress programs. Additionally, unknown costs to state
and local public safety departments to develop critical incident
stress programs, and to provide the services prescribed therein.
However, these estimates were provided before recent amendments
in Appropriations Committee.
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 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.
CPF writing in support of this bill argues that fire service
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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."
Analysis Prepared by : Nick Louizos / L. & E. / (916) 319-2091
FN: 0005822