BILL ANALYSIS
AB 3037
Page 1
Date of Hearing: May 5, 2004
ASSEMBLY COMMITTEE ON INSURANCE
Juan Vargas, Chair
AB 3037 (Yee) - As Amended: May 3, 2004
SUBJECT : Employment: occupational safety and health programs.
SUMMARY : States the intent of the Legislature to require high
hazard industries to include an employer-employee committee or
liaison to work in conjunction with their existing injury and
illness prevention program (IIPP). Specifically, this bill :
1)States the intent of the Legislature to require high hazard
industries to include an employer-employee committee or
liaison to work in conjunction with their existing IIPP.
2)Requires the program to be written and include the following:
a) Identification of the persons responsible for
implementing the program.
b) The employer's system for identifying, evaluating, and
inspecting workplace hazards.
c) The employer's methods for the timely correction of
unsafe or unhealthy conditions.
d) An occupational health and safety training program
designed to instruct employees in general safe and healthy
work practices, including job specific instruction.
e) The employer's system for communicating with employees
on occupational health and safety matters, including
encouragement for employees to inform the employer of
hazards without fear of reprisal.
f) The employer's system for ensuring that employees comply
with safe and healthy work practices, including
disciplinary action.
3)Requires the employer to train all employees when the training
program is first established, all new employees, and all
employees given a new job assignment.
AB 3037
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4)Requires the employer to train all employees whenever new
substances, processes, procedures and equipment are introduced
to the workplace and represent a new hazard, and whenever the
employer receives notification of a new or previously
unrecognized hazard.
COMMENTS
According to the author, work place injuries, illness, and
deaths have caused workers' compensation insurance for
businesses to skyrocket. The author argues that it is possible
to encourage workers and employers in high hazard industries to
work together to reduce injuries, illness and deaths on the job.
Similar Legislation:
Section 11 of SB 16 4x (Alarcon) allows an employer to obtain a
certificate of merit based upon the employer's effective safety
program that would make the employer eligible for a mandatory
premium discount and requires a premium discount for employers
that pay for health insurance for their employees. This bill is
was placed on the suspense file of the Senate Appropriations
Committee on April 19, 2004.
Section 45(l) of SB 899 (Poochigian, Chapter 34, Statutes of
2004) requires workers' compensation insurers to conduct a
review of, and prepare a written report on, the IIPP of each of
its insureds with an experience modification of 2.0 or greater
within six months of the commencement of the initial insurance
policy term. The reviewer shall be or work under the direction
of a licensed California professional engineer, certified safety
professional, or a certified industrial hygienist.
SB 9 4x (Alarcon) specifies that IIPP requirements only apply to
high experience employers and that insurer reviews may be done
by in-house personnel. The bill is set for hearing on May 3,
2004 in the Senate Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION :
Support (As Amended: April 29, 2004)
Asbestos Workers Local 5
California Applicants' Attorneys Association
Communications Workers of America
AB 3037
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Consumer Attorneys of California
Department of Consumer and Business Services, State of Oregon
Environment California
Hoffman Corporation
Hotel Employees & Restaurant Employees, Local 2850
Hotel Employees & Restaurant Employees, Local 309
Hotel Employees & Restaurant Employees, Local 49
International Brotherhood of Electrical Workers
International Brotherhood of Electrical Workers, Local 1245
La Raza Centro Legal, Inc.
Los Angeles County District Attorney's Office
Mendocino County Coalition of Union Members
National Environmental Trust
North Bay Labor Council
Orange County Labor Management Cooperative Trust
Painters & Allied Trades District Council, 36
The Breast Cancer Fund
The Relational Culture Institute
Union of Health Care Professionals
United Nurses Associations of California
Utility Workers Union of America
WORKSAFE!
Several Individual Letters
Opposition (As Amended: April 29, 2004)
Associated Builders and Contractors of California
Association of California Insurance Companies
California Chamber of Commerce
California Manufacturers and Technology Association
Analysis Prepared by : James Anderson / INS. / (916) 319-2086