BILL ANALYSIS
Senate Committee on Labor and Industrial Relations
Richard Alarcon, Chair
Date of Hearing: June 23, 2004 2003-2004 Regular
Session
Consultant: Patrick W. Henning Fiscal:Yes
Urgency:No
Bill No: AB 1923
Author: Lowenthal
Amended: June 17, 2004
Subject: Occupational safety and health: emergency
response personnel.
Purpose:
To require employers of emergency response personnel to
make specified professional counseling services available
to employees to relieve stress generated by exposure to a
critical incident.
Analysis:
Existing law provides a framework for the occupational
safety and health of employees through the state's Cal-OSHA
program in the Department of Industrial Relations. One of
the key programmatic elements is the Occupational Safety
and Health Standards Board, whose duties include the
adoption of reasonable and enforceable standards at least
as effective as federal OSHA standards. The Division of
Occupational Safety and Health (DOSH) enforces the
standards.
Among other things, employers must have an
industry-specific illness and injury prevention program
that contains certain mandatory provisions as part of an
effort to reduce workplace injuries.
Violating employers are subject to criminal and civil
penalties.
This Bill would require the development of critical
incident stress programs for emergency response personnel
(e.g., firefighters, hospital employees). Specifically,
it:
1) Requires employers of emergency response personnel to
make specified professional counseling services available
to these employees to relieve stress generated by exposure
to a critical incident. Counselors would have to be trained
in critical stress intervention and post traumatic stress
disorder.
2) Defines "critical incident" as an incident involving
human casualties, maiming, or dismemberment, a fatality
involving a child, or serious injury involving a co-worker
that could adversely affect the psychological and physical
wellbeing of its personnel.
3) Defines "emergency response personnel" as 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 job.
4) Encourages fire departments to seek federal financial
assistance to aid in the implementation of a critical
incident stress program.
5) Provides that an employer, which has already implemented
a counseling service program shall be deemed to be in
compliance.
Comments:
1.The sponsors , the California Professional Firefighters
(CPF) and the California Firefighters Association, state
that this measure 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. They are concerned
Hearing Date: June 23, 2004 AB
1923
Consultant: Patrick W. Henning
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Senate Committee on Labor and Industrial Relations
that there is no program designed to relieve stress
generated by exposure to a critical incident
According to the author's office, the National Fire
Protection Association (NFPA), 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.
Proponents state 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. 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.
2. Opposing this measure, the California Manufacturers
and Technology Association CMTA) has concerns relative to
narrowing the measure down to make it clear that the
required counseling services would only apply to
"emergency response personnel." CMTA also recommends the
use of the more common term "mass human fatalities" as it
is used in the Labor Code instead of "human casualties."
There should be some definition of "mass human
fatalities" so that employers will know what it is.
3. Legislative History : This measure passed the Assembly
by a 74 to 3 vote.
Support:
Hearing Date: June 23, 2004 AB
1923
Consultant: Patrick W. Henning
Page 3
Senate Committee on Labor and Industrial Relations
California Professional Firefighters (Co-Sponsor)
California State Firefighters' Association (Co-Sponsor)
California Applicants' Attorneys Association
California Labor Federation, AFL-CIO
California Medical Association
California Nurses Association
California Psychiatric Association
California Psychological Association
California State Firefighters' Association (Co-Sponsor)
Opposition:
California Healthcare Association
California Manufacturers & Technology Association
Construction Employers' Association
* * *
Hearing Date: June 23, 2004 AB
1923
Consultant: Patrick W. Henning
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Senate Committee on Labor and Industrial Relations