BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2676|
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THIRD READING
Bill No: AB 2676
Author: Charles Calderon (D)
Amended: 6/26/12 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-1, 7/3/12
AYES: Hancock, Calderon, Liu, Price, Steinberg
NOES: Anderson
NO VOTE RECORDED: Harman
SENATE APPROPRIATIONS COMMITTEE : 5-2, 8/6/12
AYES: Kehoe, Alquist, Lieu, Price, Steinberg
NOES: Walters, Dutton
ASSEMBLY FLOOR : Not relevant
SUBJECT : Agricultural employee safety
SOURCE : United Farm Workers
DIGEST : This bill makes it a misdemeanor for any person
who directs an agricultural employee to perform, or
supervises an agricultural employee in the performance of,
outdoor work without providing the employee with shade and
potable water, punishable by imprisonment not exceeding six
months in a county jail, by a fine not exceeding $10,000,
or by both the imprisonment and fine, or if that violation
results in injury to an agricultural employee, by
imprisonment not exceeding one year in a county jail, by a
fine not exceeding $25,000, or by both that fine and
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imprisonment.
ANALYSIS : Existing law provides the California
Occupational Safety and Health Act of 1973 for the purpose
of assuring safe and healthful working conditions for all
California working men and women by authorizing the
enforcement of effective standards, assisting and
encouraging employers to maintain safe and healthful
working conditions, and by providing for research,
information, education, training, and enforcement in the
field of occupational safety and health. (Labor (LAB) Code
Section 6300)
Existing law provides that the Division of Occupational
Safety and Health (DOSH) may, among other things, require
the performance of any act which the protection of the life
and safety of the employees in places of employment
reasonably demands. (LAB Code Section 6308)
Existing law provides that knowingly, negligently, or
repeatedly violating an order of the DOSH, or inducing
someone to do so is a misdemeanor that entails the
following penalties:
For knowingly or negligently violating a standard, six
months in prison, a civil penalty of $5,000 to $15,000,
or both;
For repeatedly violating a standard, one year in
prison, a civil penalty of $15,000 to $150,000, or both.
(LAB Code Section 6423)
Existing law provides that any employer that willfully
violates an occupational safety order, that employer can
face:
For a straight violation, a civil penalty of up to
$70,000, but no less than $5,000 for each willful
violation;
If the violation leads to a serious injury or death, a
county jail or state prison sentence of one to three
years and a fine of up to $250,000, or both. If the
defendant is a corporation or limited liability
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corporation (LLC), the fee must range between $500,000
and $2.5 million.
Existing law provides that if the violation leads to a
serious injury or death, for a second violation in seven
years, two to four years and a fine of up to $250,000, or
both. For a corporation or LLC, the fee must range between
$1 million and $3.5 million. (LAB Code Sections 6425 and
6429)
Existing DOSH Regulations applies to all places of outdoor
employment, specifically agricultural, construction,
landscaping, oil and gas extraction, and the movement of
goods. These regulations require:
Employees must have access to potable drinking water.
Where drinking water is not plumbed or otherwise
continuously supplied, it shall be provided in
sufficient quantity at the beginning of the work shift
to provide one quart per employee per hour for drinking
for the entire shift.
Employers may begin the shift with smaller quantities
of water if they have effective procedures for
replenishment during the shift as needed to allow
employees to drink one quart or more per hour. The
frequent drinking of water must be encouraged.
Shade must be present whenever the temperature is 85
degrees or more, and the shade must be sufficient to
accommodate 25 percent of the employees on the shift at
any time, so that they can sit in a normal posture fully
in the shade without having to be in physical contact
with each other. The shaded area shall be located as
close as practicable to the areas where employees are
working;
Employees shall be allowed and encouraged to take a
cool-down rest in the shade for a period of no less than
five minutes at a time when they feel the need to do so
to protect themselves from overheating. Such access to
shade shall be permitted at all times.
The employer shall implement high-heat procedures when
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the temperature equals or exceeds 95 degrees. This
includes improving ways of communicating between
employees and supervisors, requiring observation of
employees for heat illness, and the encouraging of water
consumption.
The employer must provide appropriate training to
agricultural workers on the risk of heat illness and
appropriate emergency response to heat illness when it
occurs.
This bill provides that it is a misdemeanor for any person
who directs or supervises an agricultural employee in the
performance of outdoor work to not supply that employee
with both continuous, ready access to an area of shade
sufficient to allow the body to cool and potable water that
is suitably cool and available in quantities sufficient to
allow the employee to drink one quart of water per hour
throughout the employee's work shift.
This bill provides that a violation of the above
misdemeanor is punishable by imprisonment in the county
jail not exceeding 6 months and/or a fine not exceeding
$10,000.
This bill provides that if a violation of the above
misdemeanor causes injury, it is punishable by up to one
year in the county jail and/or a fine not exceeding
$25,000.
This bill provides that nothing in this section shall
preclude prosecution under any other law.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee, unknown,
potential cost annually to the Occupational Safety and
Health Fund in the Department of Industrial Relations DOSH
if a criminal code statute creates an implied work safety
standard. The Occupational Safety and Health Fund sunsets
July 1, 2013.
SUPPORT : (Verified 8/8/12)
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United Farm Workers (source)
The Humane Society of the United States
OPPOSITION : (Verified 8/8/12)
Agricultural Council of California
Alliance of Western Milk Producers
American Pistachio Growers
CalChamber
California Association of Nurseries and Garden Centers
California Association of Wheat Growers
California Association of Winegrape Growers
California Bean Shippers Association
California Citrus Mutual
California Cotton Ginners Association
California Cotton Growers Association
California Farm Bureau Federation
California Grain and Feed Association
California Grape and Tree Fruit League
California Pear Growers Association
California Seed Association
California State Floral Association
California Tomato Growers Association
California Warehouse Association
Family Winemakers of California
Nisei Farmers League
Pacific Coast Renderers Association
Pacific Egg & Poultry Association
Western Agricultural Processors Association
Western Growers Association
Western United Dairymen
Wine Institute
ARGUMENTS IN SUPPORT : According to the author:
At least 16 farm workers have died since the state
issued an emergency regulation related to heat illness
in 2005. See attached list of deaths.
Since all of these deaths were preventable, it is clear
the regulation and its enforcement are ineffective.
AB 2676 assures that farm workers will receive water
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and shade as required by law. As farm workers continue
to die of heat illness, AB 2676 offers, at a minimum,
similar protections for farm workers as animals in this
state.
ARGUMENTS IN OPPOSITION : The opponents to this bill
state:
California Agriculture supports our state's heat
stress regulations which are the only one of its kind
in the nation. It covers all outdoor employees
because the heat does not discriminate between
industries. California agriculture has made
compliance with these regulations a top priority and
has stepped forward in a serious and sustained manner
that has substantially increased the protection of our
employees and saved lives.
AB 2676 is inconsistent with existing Cal/OSHA
regulations. The bill would create violations for
activities not required. For example, the bill would
require shade at all times; the existing regulations
understand that shade is not needed when temperatures
are moderate. As drafted, AB 2676 will create much
confusion in the industry.
AB 2676 would create new criminal penalties only for
the agricultural industry, unjustifiably singling us
out among the industries with outdoor employees. All
outdoor workers deserve the same protections. Our
industry has a strong record of supporting
legislation, such as AB 1675 (Bonilla), to punish bad
actors. Unfortunately, the language in AB 2676 is
overly broad and inconsistent with existing law.
RJG:d 8/8/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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