Existing law, the California Occupational Safety and Health Act of 1973, establishes certain safety and other responsibilities of employers and employees. Violations of the act under certain circumstances are a crime. Under existing law, the Division of Occupational Safety and Health enforces and administers the acts provisions. The act requires the division to issue a citation to an employer for specified violations of the acts provisions, as provided.

Existing law requires every employer to establish, implement, and maintain an effective injury prevention program. Existing law requires the program to be written, except as specified, and to include certain elements. Existing law requires the employer to identify a person responsible for implementing the program and to correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard.

This bill would require an employer who receives a written request for a paper or electronic copy of the written injury prevention program from a current employee, or his or her authorized representative, to comply with the request as soon as practicable, but no later than 10 business days from the date the employer receives the request. The bill would require the employer to provide the copy of the written injury prevention program free of charge. The bill would authorize the employer to take reasonable steps to verify the identity of a current employee or his or her authorized representative and to designate the person to whom a request is to be made. The bill would authorize the assertion of impossibility of performance, as specified, as an affirmative defense by an employer in any complaint alleging a violation of these new provisions.

Because a violation of these provisions would be a crime under certain circumstances, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law, the California Occupational Safety and Health Act of 1973, establishes certain safety and other responsibilities of employers and employees. Violations of the act under certain circumstances are a crime. Under existing law, the Division of Occupational Safety and Health enforces and administers the acts provisions. The act requires the division to issue a citation to an employer for specified violations of the acts provisions, as provided.

Existing law requires every employer to establish, implement, and maintain an effective injury prevention program. Existing law requires the program to be written, except as specified, and to include certain elements. Existing law requires the employer to identify a person responsible for implementing the program and to correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard.

This bill would require an employer who receives a written request for a paper or electronic copy of the written injury prevention program from a current employee, or his or her authorized representative, to comply with the request as soon as practicable, but no later than 10 business days from the date the employer receives the request. The bill would require the employer to provide the copy of the written injury prevention program free of charge. The bill would authorize the employer to take reasonable steps to verify the identity of a current employee or his or her authorized representative and to designate the person to whom a request is to be made. The bill would authorize the assertion of impossibility of performance, as specified, as an affirmative defense by an employer in any complaint alleging a violation of these new provisions.

Because a violation of these provisions would be a crime under certain circumstances, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law, the California Occupational Safety and Health Act of 1973, establishes certain safety and other responsibilities of employers and employees. Violations of the act under certain circumstances are a crime. Under existing law, the Division of Occupational Safety and Health enforces and administers the acts provisions. The act requires the division to issue a citation to an employer for specified violations of the acts provisions, as provided.

Existing law requires every employer to establish, implement, and maintain an effective injury prevention program. Existing law requires the program to be written, except as specified, and to include certain elements. Existing law requires the employer to identify a person responsible for implementing the program and to correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard.

This bill would require an employer who receives a written request for a paper or electronic copy of the written injury prevention program from a current employee, or his or her authorized representative, to comply with the request as soon as practicable, but no later than 10 business days from the date the employer receives the request. The bill would require the employer to provide the copy of the written injury prevention program free of charge. The bill would authorize the employer to take reasonable steps to verify the identity of a current employee or his or her authorized representative and to designate the person to whom a request is to be made. The bill would authorize the assertion of impossibility of performance, as specified, as an affirmative defense by an employer in any complaint alleging a violation of these new provisions.

Because a violation of these provisions would be a crime under certain circumstances, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law, the California Occupational Safety and Health Act of 1973, establishes certain safety and other responsibilities of employers and employees. Violations of the act under certain circumstances are a crime. Under existing law, the Division of Occupational Safety and Health enforces and administers the acts provisions. The act requires the division to issue a citation to an employer for specified violations of the acts provisions, as provided.

Existing law requires every employer to establish, implement, and maintain an effective injury prevention program. Existing law requires the program to be written, except as specified, and to include certain elements. Existing law requires the employer to identify a person responsible for implementing the program and to correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard.

This bill would require an employer who receives a written request for a paper or electronic copy of the written injury prevention program from a current employee, or his or her authorized representative, to comply with the request as soon as practicable, but no later than 5 10 business days from the date the employer receives the request. The bill would require the employer to provide the copy of the written injury prevention program free of charge. The bill would authorize the employer to take reasonable steps to verify the identity of a current employee or his or her authorized representative and to designate the person to whom a request is to be made. The bill would authorize the assertion of impossibility of performance, as specified, as an affirmative defense by an employer in any complaint alleging a violation of these provisions.

Because a violation of these provisions would be a crime under certain circumstances, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law, the California Occupational Safety and Health Act of 1973, establishes certain safety and other responsibilities of employers and employees. Violations of the act under certain circumstances are a crime. Under existing law, the Division of Occupational Safety and Health enforces and administers the acts provisions. The act requires the division to issue a citation to an employer for specified violations of the acts provisions, as provided.

Existing law requires every employer to establish, implement, and maintain an effective injury prevention program. Existing law requires the program to be written, except as specified, and to include certain elements. Existing law requires the employer to identify a person responsible for implementing the program and to correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard.

This bill would require an employer who receives a written request for a paper or electronic copy of the written injury prevention program from a current employee, or his or her authorized representative, to comply with the request as soon as practicable, but no later than 5 business days from the date the employer receives the request. The bill would require the employer to provide the copy of the written injury prevention program free of charge.

Because a violation of these provisions would be a crime under certain circumstances, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

GOVERNOR'S VETO

GV Bill Id:AB 978

Author:(Limón)

As Enrolled Ver:September 13, 2017

2/3 vote

Original Committee Reference: L. & E.

SUMMARY: Provides for employee access to written injury and illness prevention programs (IIPPs), as specified. Specifically, this bill:

1. Requires an employer who receives a written request for a complete copy of the written IIPP from a current employee, or his or her authorized representative, to comply with the request as soon as practicable, but no later than five business days from the date a request is received.
2. Requires the employer to provide either a paper or electronic copy of the written IIPP to the current employee or to his or her authorized representative, at no cost.

The Senate amendments are technical and clarifying in nature.

EXISTING LAW:

1. Requires all employers to provide a safe and healthy workplace, and empowers the Division of Occupational Safety and Health (DOSH, also known as Cal/OSHA) to issue citations if employees are exposed to workplace hazards, as specified.
2. Requires employers to establish, implement, and maintain an effective IIPP.
3. Provides that the program shall be written, except as specified, and shall include, but not be limited to, the following elements:
   1. Identification of the person or persons responsible for implementing the program.
   2. The employer's system for identifying and evaluating workplace hazards, including scheduled periodic inspections to identify unsafe conditions and work practices.
   3. The employer's methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner.
   4. An occupational health and safety training program designed to instruct employees in general safe and healthy work practices and to provide specific instruction with respect to hazards specific to each employee's job assignment.
   5. The employer's system for communicating with employees on occupational health and safety matters, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal.
   6. The employer's system for ensuring that employees comply with safe and healthy work practices, which may include disciplinary action.

FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

GOVERNOR'S VETO MESSAGE:

This bill would require employers to provide their employees, or their representative, access to an employer's written injury and illness prevention program within ten business days upon request.

I support policies that promote access and transparency in order to prevent injuries and improve health and safety. This bill, however, is unnecessary and duplicative of an existing regulatory proposal that is already underway at the Occupational Safety and Health Standards Board. The Standards Board advisory committee process is better suited to determine how to properly implement requirements of this kind.

Analysis Prepared by: Jennifer Richard / L. & E. / (916) 319-2091 FN: 0002466

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 978

Author:(Limón)

As Amended Ver:August 28, 2017

Majority vote

Original Committee Reference: L. & E.

SUMMARY: Provides for employee access to written injury and illness prevention programs (IIPPs), as specified. Specifically, this bill:

1. Requires an employer who receives a written request for a complete copy of the written IIPP from a current employee, or his or her authorized representative, to comply with the request as soon as practicable, but no later than five business days from the date a request is received.
2. Requires the employer to provide either a paper or electronic copy of the written IIPP to the current employee or to his or her authorized representative, at no cost.

The Senate amendments are technical and clarifying in nature.

EXISTING LAW:

1. Requires all employers to provide a safe and healthy workplace, and empowers the Division of Occupational Safety and Health (DOSH, also known as Cal/OSHA) to issue citations if employees are exposed to workplace hazards, as specified.
2. Requires employers to establish, implement, and maintain an effective IIPP.
3. Provides that the program shall be written, except as specified, and shall include, but not be limited to, the following elements:
   1. Identification of the person or persons responsible for implementing the program.
   2. The employer's system for identifying and evaluating workplace hazards, including scheduled periodic inspections to identify unsafe conditions and work practices.
   3. The employer's methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner.
   4. An occupational health and safety training program designed to instruct employees in general safe and healthy work practices and to provide specific instruction with respect to hazards specific to each employee's job assignment.
   5. The employer's system for communicating with employees on occupational health and safety matters, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal.
   6. The employer's system for ensuring that employees comply with safe and healthy work practices, which may include disciplinary action.

FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

Analysis Prepared by: Jennifer Richard / L. & E. / (916) 319-2091 FN: 0001519

 THIRD READING  

Bill No: AB 978

Author:

:

Vote:

SENATE LABOR & IND. REL. COMMITTEE: 3-1, 6/28/17

AYES: Bradford, Atkins, Jackson

NOES: Stone

NO VOTE RECORDED: Mitchell

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 46-26, 5/31/17 - See last page for vote

SUBJECT:

SOURCE: California Rural Legal Assistance Foundation

DIGEST:

This bill requires an employer who receives a written request for a complete paper copy, or an electronic copy, of the written Injury and Illness Prevention Plan (IIPP) from a current employee, or his or her authorized representative, as specified, to comply with the request as soon as practicable, but no later than 10 business days from the date a request is received.

Senate Floor Amendments of 8/28/17 specify that a request for a “complete” copy of an employer’s IIPP means an entire up-to-date copy of the IIPP and does not include any additional attachments.

ANALYSIS:

Existing law:

1. Requires all employers to provide a safe and healthy workplace, and empowers the Division of Occupational Safety and Health [DOSH, also known as Cal/OSHA, within the Department of Industrial Relations (DIR)] to issue citations if employees are exposed to workplace hazards.
2. Requires employers, with some exceptions, to establish, implement and maintain an effective Injury and Illness Prevention Program (IIPP).
3. Provides that the IIPP shall be written, except as specified, and shall include, among other things, the following elements (Labor Code §6401.7):
   1. Identification of the person or persons responsible for implementing the program.
   2. A system for identifying and evaluating workplace hazards, including scheduled periodic inspections to identify unsafe conditions and work practices.
   3. The employer’s methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner.
   4. An occupational health and safety training program designed to instruct employees in general safe and healthy work practices and to provide specific instruction with respect to hazards specific to each employee’s job assignment.
   5. The employer’s system for communicating with employees on occupational health and safety matters, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal.
   6. The employer’s system for ensuring that employees comply with safe and healthy work practices, which may include disciplinary action.
4. Requires employers to keep appropriate records of steps taken to implement and maintain the IIPP. (Labor Code §6401.7)
5. Requires employers to correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard. (Labor Code §6401.7)
6. Specifies that any employer who violates an occupational safety and health standard, order, or special order, or Section 25910 of the Health and Safety Code, if it is a serious violation, shall be assessed a civil penalty, as specified. (Labor Code §6427 and 6428)
7. Provides that an employer’s injury prevention program shall be deemed to be operative for the purposes of Section 6427 and 6428 if it meets the criteria for substantial compliance established by the standards board pursuant to Section 6401.7. (Labor Code §6428.5)

This bill:

1. Requires an employer who receives a written request for a paper copy, or an electronic copy, of the written Injury and Illness Prevention Plan from a current employee, or his or her authorized representative, as specified, to comply with the request as soon as practicable, but no later than 10 business days from the date a request is received.
2. Defines the term "authorized representative" to mean an attorney, health and safety professional, nonprofit organization advocate, or immediate family member who has been asked for assistance by a current employee, and who has been authorized in writing by a current employee to request and receive a copy of the written IIPP.
3. Specifies that a recognized or certified collective bargaining agent shall be treated automatically as an authorized representative of current employees for the purpose of access to the complete written IIPP.
4. Requires the employer to provide either a paper or electronic copy of the complete, up-to-date, written IIPP to the employee or to his or her authorized representative, at no cost.
5. Authorizes the employer to take reasonable steps to verify the identity of a current employee or his or her authorized representative and to designate the person to whom a request for access to the IIPP is to be made.
6. Authorizes the assertion of impossibility of performance, not caused by or resulting from a violation of law, as an affirmative defense by an employer in any complaint alleging a violation of these provisions.
7. Specifies that nothing in these provisions shall be construed to limit access to an employer’s IIPP by any individual that is otherwise authorized under law or a collective bargaining agreement.

Background

Injury and Illness Prevention Programs: As of 1991, a written IIPP is required for every California employer. An IIPP is a written workplace safety program that must be developed and implemented effectively by employers. The specific elements of a written IIPP are set forth in the Labor Code and the Cal/OSHA regulations. Please see the Senate Labor and Industrial Relations Committee analysis for more information.

AB 2895 (Hernandez) of 2016 and Pending Petition before the Occupational Safety and Health Standards Board: In 2016, AB 2895 (Hernandez) was introduced to address the same issue of employee access to IIPPs. AB 2895 was a much broader measure that would have required an employer to keep a complete, updated copy of the written IIPP at each worksite with three or more employees and make it available for inspection by any employee, or his/her authorized representative, or by Cal/OSHA upon oral request. The IIPP would be required to be in English and the language spoken by the majority of the employees. Additionally, AB 2895 required that an employer that receives a written request for a copy of the IIPP must comply within a minimum of five days or entitle the employee to injunctive relief. AB 2895 was placed on the Senate inactive file at the request of the author.

The Occupational Safety & Health Standards Board (Standards Board), also within DIR, is charged with the responsibility of promoting, adopting, and maintaining reasonable and enforceable standards. On January 27, 2017, the Standards Board received a petition requesting amendments to existing IIPP regulations seeking to allow employee access to the IIPPs. Please see the Senate Labor and Industrial Relations Committee analysis for more information.

The petition was conditionally granted and, among other things, the Standards Board decision states the following:

“Petition 562 is conditionally GRANTED to the limited extent that Board staff is directed to initiate rulemaking development, and convene an advisory committee, with the objective of bringing before the Board a proposal to amend Title 8, Section 3203, specifying reasonably required means of employee access, upon request, to his or her employers' written IIPP. In developing the rulemaking proposal, issues to be considered should include the following:

• The extent to which an access request procedure should be specified;
• The extent to which the access request of an employee representative must be honored;
• The required or permissible form or forms in which a copy of the IIPP is to be provided;
• The reasonable timeframe within which a requested IIPP copy is to be provided;
• Any extent to which a larger employer, with multiple distinctly separate and different operations, may limit the scope of the provided IIPP.”

The rulemaking process that has been approved has many steps to go before a final product is returned to the Standards Board for a vote. Of note, once a standard is developed, with assistance from the advisory committee, it must then go back to the Standards Board for further hearings, financial analyses, comment periods and revisions. The process is lengthy, potentially taking years to complete.

Need for this bill? A March 2017 report by the CA Department of Public Health, Occupational Health Branch, titled, “California Occupational Health Indicators: Annual measures of worker health and safety for years 2008-2013,” found that while overall rates of work-related fatalities and injuries have continued to decrease in California over the past six years, there clearly is much more work to be done to reduce the burden and cost to workers, their families, and communities. Among other things, the report found that:

• Annually, more than 100,000 California workers lose work time after being injured at work, and about 20,000 are hospitalized.
• In 2013, 396 workers died from injuries sustained on the job, and Hispanic workers accounted for 49% of the deaths. Many of these deaths are preventable through improvements in workplace safety programs.

IIPPs have been proven to help businesses improve their compliance with existing laws and regulations, decrease the incidence of workplace injuries and illnesses, reduce costs (including reductions in workers’ compensation premiums) and enhance their overall business operations. According to the author, effective communication with workers has been documented to be critical to successful illness and injury prevention in the workplace. In an effort address the proven benefit of employee involvement in the success of IIPP implementation, this bill would require employers to provide employees, or their authorized representative, with access to the written IIPP.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 8/25/17)

California Rural Legal Assistance Foundation (source)

Asian Americans Advancing Justice - California

California Conference Board of the Amalgamated Transit Union

California Conference of Machinists

California Labor Federation, AFL-CIO

California Professional Firefighters

California Teamsters Public Affairs Council

Engineers and Scientists of CA, IFPTE Local 20, AFL-CIO

International Longshore & Warehouse Union

Los Angeles County Professional Peace Officers Association

National Employment Law Project

Organization of SMUD Employees

Professional and Technical Engineers, IFPTE Local 21, AFL-CIO

Service Employees International Union

San Diego County Court Employees Association

San Luis Obispo County Employees Association

UNITE-HERE, AFL-CIO

United Public Employees

Utility Workers of America

WORKSAFE

OPPOSITION: (Verified 8/25/17)

Almond Alliance of California

Associated General Contractors

Associated General Contractors – San Diego Chapter

Association of California Egg Farmers

BizFed Los Angeles County Business Federation

California Association of Wheat Growers

California Chamber of Commerce

California Construction and Industrial Materials Association

California Farm Bureau Federation

California Feed & Grain Association

California Framing Contractors Association

California Grain & Feed Association

California Hotel & Lodging Association

California League of Food Processors

California Manufacturers and Technology Association

California Pear Growers Association

California Professional Association of Specialty Contractors

California Restaurant Association

California Retailers Association

California Seed Association

California State Floral Association

California Travel Association

California Warehouse Association

Camarillo Chamber of Commerce

Clovis Chamber of Commerce

Culver City Chamber

Engineering Contractors’ Association

Family Business Association of California

Fountain Valley Chamber of Commerce

Greater Riverside Chamber of Commerce

National Federation of Independent Business

Oxnard Chamber of Commerce

Pacific Egg and Poultry Association

Rancho Cordova Chamber of Commerce

Residential Contractor’s Association

San Gabriel Valley Economic Partnership

Southwest California Legislative Council

The Chamber of the Santa Barbara Region

Torrance Area Chamber of Commerce

Tulare Chamber of Commerce

Western Growers

Western Steel Council

Yuba-Sutter Chamber of Commerce

ARGUMENTS IN SUPPORT: According to proponents, when IIPPs are done properly, the risk of injury declines dramatically. Unfortunately, they argue, many employers don’t have an IIPP and never intend to write one. They argue that the risk of ignoring IIPP’s goes far beyond a simple citation, as the vast majority of injuries and even fatalities could have been preventable had the IIPP requirements been taken more seriously. They argue that the main reason so many employers ignore this duty is because Cal/OSHA will almost certainly never find out. Roughly 215 inspectors for 18 million workers means that without a serious accident or worker complaint, Cal/OSHA will not come out on their own.

Proponents argue that this bill upgrades California’s basic workplace safety program by giving workers the right to receive a physical or electronic copy of the employer’s IIPP for free within a reasonable period of time. Additionally, proponents note that this bill is patterned after two existing ‘right to know’ statutes that give workers rights to receive copies of their itemized pay stubs and their personnel records (Labor Code Sections 226 and 1198.5, respectively). The more recent of these enactments—LC Section 1198.5— also extends that right to receive a copy to an authorized representative of a current or former employee.

ARGUMENTS IN OPPOSITION: A coalition of employers, including the

California Chamber of Commerce, are opposed to this measure because it allows unlimited organizations and individuals with no affiliation with the employer or employee (other than being designated as such) to access the employer’s internal documents. They argue that while the language allows the employer to take reasonable steps to verify the identity of the employee or representative, no requirement for a response from the requester is required, leaving the employer to wonder if in fact the individual making the request is a current employee. This, they argue, leaves the door open to harassment by multiple representatives.

Furthermore, opponents argue that the Cal/OSHA Standards Board is currently moving forward with a process to establish in regulation a process for employees to access their employer’s IIPP. They argue that this bill pre-empts this appropriate regulatory process.

ASSEMBLY FLOOR: 46-26, 5/31/17

AYES: Aguiar-Curry, Berman, Bloom, Bocanegra, Bonta, Burke, Caballero, Calderon, Chau, Chiu, Chu, Daly, Frazier, Friedman, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Grayson, Holden, Jones-Sawyer, Kalra, Levine, Limón, Low, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Santiago, Mark Stone, Thurmond, Ting, Weber, Wood, Rendon

NOES: Acosta, Travis Allen, Arambula, Baker, Bigelow, Brough, Chávez, Chen, Cunningham, Dababneh, Dahle, Fong, Gallagher, Harper, Irwin, Kiley, Lackey, Maienschein, Mathis, Mayes, Obernolte, Patterson, Salas, Steinorth, Voepel, Waldron

NO VOTE RECORDED: Cervantes, Choi, Cooley, Cooper, Eggman, Flora, Gray, Melendez

Prepared by:

8/29/17 15:04:19

**** END ****

 THIRD READING  

Bill No: AB 978

Author:

:

Vote:

SENATE LABOR & IND. REL. COMMITTEE: 3-1, 6/28/17

AYES: Bradford, Atkins, Jackson

NOES: Stone

NO VOTE RECORDED: Mitchell

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 46-26, 5/31/17 - See last page for vote

SUBJECT:

SOURCE: California Rural Legal Assistance Foundation

DIGEST:

This bill requires an employer who receives a written request for a paper copy, or an electronic copy, of the written Injury and Illness Prevention Plan from a current employee, or his or her authorized representative, as specified, to comply with the request as soon as practicable, but no later than 10 business days from the date a request is received.

ANALYSIS:

Existing law:

1. Requires all employers to provide a safe and healthy workplace, and empowers the Division of Occupational Safety and Health [DOSH, also known as Cal/OSHA, within the Department of Industrial Relations (DIR)] to issue citations if employees are exposed to workplace hazards.
2. Requires employers, with some exceptions, to establish, implement and maintain an effective Injury and Illness Prevention Program (IIPP).
3. Provides that the IIPP shall be written, except as specified, and shall include, among other things, the following elements (Labor Code §6401.7):
   1. Identification of the person or persons responsible for implementing the program.
   2. A system for identifying and evaluating workplace hazards, including scheduled periodic inspections to identify unsafe conditions and work practices.
   3. The employer’s methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner.
   4. An occupational health and safety training program designed to instruct employees in general safe and healthy work practices and to provide specific instruction with respect to hazards specific to each employee’s job assignment.
   5. The employer’s system for communicating with employees on occupational health and safety matters, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal.
   6. The employer’s system for ensuring that employees comply with safe and healthy work practices, which may include disciplinary action.
4. Requires employers to keep appropriate records of steps taken to implement and maintain the IIPP. (Labor Code §6401.7)
5. Requires employers to correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard. (Labor Code §6401.7)
6. Specifies that any employer who violates an occupational safety and health standard, order, or special order, or Section 25910 of the Health and Safety Code, if it is a serious violation, shall be assessed a civil penalty, as specified. (Labor Code §6427 and 6428)
7. Provides that an employer’s injury prevention program shall be deemed to be operative for the purposes of Section 6427 and 6428 if it meets the criteria for substantial compliance established by the standards board pursuant to Section 6401.7. (Labor Code §6428.5)

This bill:

1. Requires an employer who receives a written request for a paper copy, or an electronic copy, of the written Injury and Illness Prevention Plan from a current employee, or his or her authorized representative, as specified, to comply with the request as soon as practicable, but no later than 10 business days from the date a request is received.
2. Defines the term "authorized representative" to mean an attorney, health and safety professional, nonprofit organization advocate, or immediate family member who has been asked for assistance by a current employee, and who has been authorized in writing by a current employee to request and receive a copy of the written IIPP.
3. Specifies that a recognized or certified collective bargaining agent shall be treated automatically as an authorized representative of current employees for the purpose of access to the complete written IIPP.
4. Requires the employer to provide either a paper or electronic copy of the complete, up-to-date, written IIPP to the employee or to his or her authorized representative, at no cost.
5. Authorizes the employer to take reasonable steps to verify the identity of a current employee or his or her authorized representative and to designate the person to whom a request for access to the IIPP is to be made.
6. Authorizes the assertion of impossibility of performance, not caused by or resulting from a violation of law, as an affirmative defense by an employer in any complaint alleging a violation of these provisions.
7. Specifies that nothing in these provisions shall be construed to limit access to an employer’s IIPP by any individual that is otherwise authorized under law or a collective bargaining agreement.

Background

Injury and Illness Prevention Programs: As of 1991, a written IIPP is required for every California employer. An IIPP is a written workplace safety program that must be developed and implemented effectively by employers. The specific elements of a written IIPP are set forth in the Labor Code and the Cal/OSHA regulations. Please see the Senate Labor and Industrial Relations Committee analysis for more information.

AB 2895 (Hernandez) of 2016 and Pending Petition before the Occupational Safety and Health Standards Board: In 2016, AB 2895 (Hernandez) was introduced to address the same issue of employee access to IIPPs. Sponsored by the same organization, the California Rural Legal Assistance Foundation, AB 2895 was a much broader measure that would have required an employer to keep a complete, updated copy of the written IIPP at each worksite with three or more employees and make it available for inspection by any employee, or his/her authorized representative, or by Cal/OSHA upon oral request. The IIPP would be required to be in English and the language spoken by the majority of the employees. AB 2895 would have also required an employer to inform each employee and each new hire of the availability of, and of the employee’s rights with respect to inspecting and receiving, a copy of the written IIPP, as specified. Additionally, AB 2895 required that an employer that receives a written request for a copy of the IIPP must comply within a minimum of five days or entitle the employee to injunctive relief. AB 2895 was placed on the Senate inactive file at the request of the author.

The Occupational Safety & Health Standards Board (Standards Board), also within DIR, is charged with the responsibility of promoting, adopting, and maintaining reasonable and enforceable standards. On January 27, 2017, the Standards Board received a petition requesting amendments to existing IIPP regulations seeking to allow employee access to the IIPPs. Please see the Senate Labor and Industrial Relations Committee analysis for more information.

The petition was conditionally granted during the Standards Board meeting on June 15, 2017. Among other things, the Standards Board decision states the following:

“Petition 562 is conditionally GRANTED to the limited extent that Board staff is directed to initiate rulemaking development, and convene an advisory committee, with the objective of bringing before the Board a proposal to amend Title 8, Section 3203, specifying reasonably required means of employee access, upon request, to his or her employers' written IIPP. In developing the rulemaking proposal, issues to be considered should include the following:

• The extent to which an access request procedure should be specified;
• The extent to which the access request of an employee representative must be honored;
• The required or permissible form or forms in which a copy of the IIPP is to be provided;
• The reasonable timeframe within which a requested IIPP copy is to be provided;
• Any extent to which a larger employer, with multiple distinctly separate and different operations, may limit the scope of the provided IIPP.”

The rulemaking process that has been approved has many steps to go before a final product is returned to the Standards Board for a vote. Of note, once a standard is developed, with assistance from the advisory committee, it must then go back to the Standards Board for further hearings, financial analyses, comment periods and revisions. The process is lengthy, potentially taking years to complete.

Need for this bill? A March 2017 report by the CA Department of Public Health, Occupational Health Branch, titled, “California Occupational Health Indicators: Annual measures of worker health and safety for years 2008-2013,” found that while overall rates of work-related fatalities and injuries have continued to decrease in California over the past six years, there clearly is much more work to be done to reduce the burden and cost to workers, their families, and communities. Among other things, the report found that:

• Annually, more than 100,000 California workers lose work time after being injured at work, and about 20,000 are hospitalized.
• In 2013, 396 workers died from injuries sustained on the job, and Hispanic workers accounted for 49% of the deaths. Many of these deaths are preventable through improvements in workplace safety programs.
• Over 1.7 million California workers are employed in high-risk occupations where the rate of work-related injuries is more than twice the overall rate for U.S. industries.

IIPPs have been proven to help businesses improve their compliance with existing laws and regulations, decrease the incidence of workplace injuries and illnesses, reduce costs (including reductions in workers’ compensation premiums) and enhance their overall business operations. According to the author, effective communication with workers has been documented to be critical to successful illness and injury prevention in the workplace. In an effort address the proven benefit of employee involvement in the success of IIPP implementation, this bill would require employers to provide employees, or their authorized representative, with access to the written IIPP.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 7/11/17)

California Rural Legal Assistance Foundation (source)

Asian Americans Advancing Justice - California

California Conference Board of the Amalgamated Transit Union

California Conference of Machinists

California Labor Federation, AFL-CIO

California Professional Firefighters

California Teamsters Public Affairs Council

Engineers and Scientists of CA, IFPTE Local 20, AFL-CIO

International Longshore & Warehouse Union

Los Angeles County Professional Peace Officers Association

National Employment Law Project

Organization of SMUD Employees

Professional and Technical Engineers, IFPTE Local 21, AFL-CIO

Service Employees International Union

San Diego County Court Employees Association

San Luis Obispo County Employees Association

UNITE-HERE, AFL-CIO

Utility Workers of America

WORKSAFE

OPPOSITION: (Verified 7/11/17)

Almond Alliance of California

Associated General Contractors

Associated General Contractors – San Diego Chapter

Association of California Egg Farmers

California Association of Wheat Growers

California Chamber of Commerce

California Construction and Industrial Materials Association

California Farm Bureau Federation

California Feed & Grain Association

California Framing Contractors Association

California Grain & Feed Association

California Hotel & Lodging Association

California League of Food Processors

California Manufacturers and Technology Association

California Pear Growers Association

California Professional Association of Specialty Contractors

California Restaurant Association

California Retailers Association

California Seed Association

California State Floral Association

California Travel Association

California Warehouse Association

Camarillo Chamber of Commerce

Clovis Chamber of Commerce

Culver City Chamber

Family Business Association of California

Fountain Valley Chamber of Commerce

Greater Riverside Chamber of Commerce

National Federation of Independent Business

Oxnard Chamber of Commerce

Pacific Egg and Poultry Association

Rancho Cordova Chamber of Commerce

Residential Contractor’s Association

San Gabriel Valley Economic Partnership

Southwest California Legislative Council

The Chamber of the Santa Barbara Region

Torrance Area Chamber of Commerce

Tulare Chamber of Commerce

Western Growers

Western Steel Council

Yuba-Sutter Chamber of Commerce

ARGUMENTS IN SUPPORT: According to proponents, when IIPPs are done properly, the risk of injury declines dramatically. Unfortunately, they argue, too many employers do not adequately prioritize this responsibility. Many do not even have one and never intend to write one. They argue that the risk of ignoring IIPP’s goes far beyond a simple citation, as the vast majority of injuries and even fatalities could have been preventable had prevention and the IIPP requirements been taken more seriously. They argue that the main reason so many employers ignore this duty is because Cal/OSHA will almost certainly never find out. Roughly 215 inspectors for 18 million workers means that without a serious accident or worker complaint, Cal/OSHA will not come out on their own.

Proponents argue that this bill upgrades California’s basic workplace safety program by giving workers the right to receive a physical or electronic copy of the employer’s IIPP for free within a reasonable period of time. Additionally, proponents note that this bill is patterned after two existing ‘right to know’ statutes that give workers rights to receive copies of their itemized pay stubs and their personnel records (Labor Code Sections 226 and 1198.5, respectively). The more recent of these enactments—LC Section 1198.5— also extends that right to receive a copy to an authorized representative of a current or former employee.

ARGUMENTS IN OPPOSITION: A coalition of employers, including the

California Chamber of Commerce, are opposed to this measure because it allows unlimited organizations and individuals with no affiliation with the employer or employee (other than being designated as such) to access the employer’s internal documents. They argue that while the language allows the employer to take reasonable steps to verify the identity of the employee or representative, no requirement for a response from the requester is required, leaving the employer to wonder if in fact the individual making the request is a current employee. This, they argue, leaves the door open to harassment by multiple representatives.

Additionally, opponents argue that the scope of the requested documents is too broad as employers would be required to provide “all required attachments” of an IIPP. They argue that currently, these records are exclusively available to either Cal/OSHA in an enforcement action or to plaintiffs in a legal action. Furthermore, opponents argue that the Cal/OSHA Standards Board is currently moving forward with a process to establish in regulation a process for employees to access their employer’s IIPP. They argue that this bill pre-empts this appropriate regulatory process.

ASSEMBLY FLOOR: 46-26, 5/31/17

AYES: Aguiar-Curry, Berman, Bloom, Bocanegra, Bonta, Burke, Caballero, Calderon, Chau, Chiu, Chu, Daly, Frazier, Friedman, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Grayson, Holden, Jones-Sawyer, Kalra, Levine, Limón, Low, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Santiago, Mark Stone, Thurmond, Ting, Weber, Wood, Rendon

NOES: Acosta, Travis Allen, Arambula, Baker, Bigelow, Brough, Chávez, Chen, Cunningham, Dababneh, Dahle, Fong, Gallagher, Harper, Irwin, Kiley, Lackey, Maienschein, Mathis, Mayes, Obernolte, Patterson, Salas, Steinorth, Voepel, Waldron

NO VOTE RECORDED: Cervantes, Choi, Cooley, Cooper, Eggman, Flora, Gray, Melendez

Prepared by:

7/12/17 11:12:06

**** END ****

SENATE COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS

Senator Steven Bradford, Chair

2017 - 2018 Regular

Bill No: AB 978 Hearing Date: June 28, 2017

Subject: Employment safety: injury and illness prevention program

KEY ISSUES

Should the Legislature require employers to provide a current employee, or his or her authorized representative, with access to the company written Injury and Illness Prevention Program (IIPP)?

Should the Legislature require the employer to provide either a paper or electronic copy of the written IIPP to the employee, or to his or her authorized representative, free of charge?

ANALYSIS

Existing law:

1. Requires all employers to provide a safe and healthy workplace, and empowers the Division of Occupational Safety and Health [DOSH, also known as Cal/OSHA, within the Department of Industrial Relations (DIR)] to issue citations if employees are exposed to workplace hazards, as specified.
2. Requires employers, with some exceptions, to establish, implement and maintain an effective Injury and Illness Prevention Program (IIPP).
3. Provides that the IIPP shall be written, except as specified, and shall include, among other things, the following elements (Labor Code §6401.7):
   1. Identification of the person or persons responsible for implementing the program.
   2. A system for identifying and evaluating workplace hazards, including scheduled periodic inspections to identify unsafe conditions and work practices.
   3. The employer’s methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner.
   4. An occupational health and safety training program designed to instruct employees in general safe and healthy work practices and to provide specific instruction with respect to hazards specific to each employee’s job assignment.
   5. The employer’s system for communicating with employees on occupational health and safety matters, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal.
   6. The employer’s system for ensuring that employees comply with safe and healthy work practices, which may include disciplinary action.
4. Requires employers to keep appropriate records of steps taken to implement and maintain the Injury and Illness Prevention Program. (Labor Code §6401.7)
5. Requires the employer to correct unsafe and unhealthy conditions and work practices in a timely manner based on the severity of the hazard. (Labor Code §6401.7)
6. Specifies that any employer who violates an occupational safety and health standard, order, or special order, or Section 25910 of the Health and Safety Code, if it is a serious violation, shall be assessed a civil penalty, as specified. (Labor Code §6427 and 6428)
7. Provides that an employer’s injury prevention program shall be deemed to be operative for the purposes of Section 6427 and 6428 if it meets the criteria for substantial compliance established by the standards board pursuant to Section 6401.7.

(Labor Code §6428.5)

This Bill:

1. Requires an employer who receives a written request for a paper copy, or an electronic copy, of the written Injury and Illness Prevention Plan from a current employee, or his or her authorized representative, as specified, to comply with the request as soon as practicable, but no later than 10 business days from the date a request is received.
2. Defines the term "authorized representative" to mean an attorney, health and safety professional, nonprofit organization advocate, or immediate family member who has been asked for assistance by a current employee, and who has been authorized in writing by a current employee to request and receive a copy of the written IIPP.
3. Specifies that a recognized or certified collective bargaining agent shall be treated automatically as an authorized representative of current employees for the purpose of access to the complete written IIPP.
4. Requires the employer to provide either a paper or electronic copy of the complete, up-to-date, written IIPP to the employee or to his or her authorized representative, at no cost.
5. Authorizes the employer to take reasonable steps to verify the identity of a current employee or his or her authorized representative and to designate the person to whom a request for access to the IIPP is to be made.
6. Authorizes the assertion of impossibility of performance, not caused by or resulting from a violation of law, as an affirmative defense by an employer in any complaint alleging a violation of these provisions.
7. Specifies that nothing in these provisions shall be construed to limit access to an employer’s IIPP by any individual that is otherwise authorized under law or a collective bargaining agreement.

COMMENTS

1. Background on Injury and Illness Prevention Programs:

In California, every employer has a legal obligation to provide and maintain a safe and healthful workplace for their employees. As of 1991, a written Injury and Illness Prevention Program (IIPP) is required for every California employer. An IIPP is a written workplace safety program that must be developed and implemented effectively by employers. The specific elements of a written IIPP are set forth in the Labor Code and the Cal/OSHA regulations and include the following:

• Management commitment/assignment of responsibilities;
• Safety communications system with employees;
• System for assuring employee compliance with safe work practices;
• Scheduled inspections/evaluation system;
• Accident investigation;
• Procedures for correcting unsafe/ unhealthy conditions;
• Safety and health training and instruction; and
• Recordkeeping and documentation.

According to Cal/OSHA, in order to be effective, an IIPP must fully involve all employees, supervisors, and management, identify the specific workplace hazards employees are exposed to, correct identified hazards in an appropriate and timely manner, and provide effective training. Additionally, employers must regularly review and update the IIPP in order for it to remain effective.

According to a 2012 Occupational Safety and Health Administration white paper on IIPPs, “Gallagher (2001) concludes that management commitment and employee involvement are the keys to program success: “[R]ecurring findings across these studies were the critical role played by senior managers in successful health and safety management systems, and the importance of effective communication, employee involvement and consultation.” (IIPPs, OSHA, U.S. Department of Labor, 2012 White Paper, Page 7)

2. AB 2895 (Hernandez) of 2016 and Pending Petition before the Occupational Safety and Health Standards Board:

In 2016, AB 2895 (Hernandez) was introduced to address the same issue of employee access to IIPPs. Sponsored by the same organization, the California Rural Legal Assistance Foundation, AB 2895 was a much broader measure that would have required an employer to keep a complete, updated copy of the written IIPP at each worksite with three or more employees and make it available for inspection by any employee, or his/her authorized representative, or by Cal/OSHA upon oral request. The IIPP would be required to be in English and the language spoken by the majority of the employees. AB 2895 would have also required an employer to inform each employee and each new hire of the availability of, and of the employee’s rights with respect to inspecting and receiving, a copy of the written IIPP, as specified. Additionally, AB 2895 required that an employer that receives a written request for a copy of the IIPP must comply within a minimum of five days or entitle the employee to injunctive relief. AB 2895 was placed on the Senate inactive file at the request of the author.

The Occupational Safety & Health Standards Board (Standards Board), also within DIR, is charged with the responsibility of promoting, adopting, and maintaining reasonable and enforceable standards that will ensure a safe and healthful workplace for California workers. The Standards Board is required to hold open public meetings at least monthly and to permit any person to speak on any matters of occupational safety or health or to propose new or revised standards. Petitions for standard changes are evaluated by Cal/OSHA. The Standards Board must report its decision no later than six months following receipt of a petition.

On January 27, 2017, the Standards Board received a petition requesting amendments to Title 8, General Industry Safety Order, Section 3202, Injury and Illness Prevention Program from Dan Leacox, a government affairs consultant, seeking the following changes:

“3203(a) Effective July 1, 1991, every employer shall establish, implement and maintain and allow employee access to an effective Injury and Illness Prevention Program (Program) The Program shall be in writing and, shall, at a minimum:

3203(a)(3) … Substantial compliance with this provision includes meetings, training programs, posting, written communications, a system of anonymous notification by employees about hazards, labor/management safety and health committees, means of access to the program, or any other means that ensures communication with employees.”

The petition (Petition File No.562) was reviewed by Standards Board staff who noted, “Board staff concurs with Petitioner that amending Section 3203, to more expressly specify an employee's right to receive a copy of his or her employer's IIPP, would contribute to occupational health and safety. However, Board staff is of the professional opinion that the minimal amendments to Section 3203, specified within the petition, would not be adequate to achieve that purpose.”

The petition was conditionally granted during the Standards Board meeting on June 15, 2017. Among other things, the Standards Board decision states the following:

“Petition 562 is conditionally GRANTED to the limited extent that Board staff is directed to initiate rulemaking development, and convene an advisory committee, with the objective of bringing before the Board a proposal to amend Title 8, Section 3203, specifying reasonably required means of employee access, upon request, to his or her employers' written IIPP. In developing the rulemaking proposal, issues to be considered should include the following:

• The extent to which an access request procedure should be specified;
• The extent to which the access request of an employee representative must be honored;
• The required or permissible form or forms in which a copy of the IIPP is to be provided;
• The reasonable timeframe within which a requested IIPP copy is to be provided;
• Any extent to which a larger employer, with multiple distinctly separate and different operations, may limit the scope of the provided IIPP.”

The rulemaking process that has been approved has many steps to go before a final product is returned to the Standards Board for a vote. Please reference the Senate Labor Committee analysis of SB 772 (Leyva) from this year for a complete description of the rulemaking process. Of note, once a standard is developed, with assistance from the advisory committee, it must then go back to the Standards Board for further hearings, financial analyses, comment periods and revisions. The process is lengthy, potentially taking years to complete.

3. Need for this bill?

A March 2017 report by the CA Department of Public Health, Occupational Health Branch, titled, “California Occupational Health Indicators: Annual measures of worker health and safety for years 2008-2013,” found that while overall rates of work-related fatalities and injuries have continued to decrease in California over the past six years, there clearly is much more work to be done to reduce the burden and cost to workers, their families, and communities. Among other things, the report found that:

• Annually, more than 100,000 California workers lose work time after being injured at work, and about 20,000 are hospitalized.
• In 2013, 396 workers died from injuries sustained on the job, and Hispanic workers accounted for 49% of the deaths. Many of these deaths are preventable through improvements in workplace safety programs.
• Over 1.7 million California workers are employed in high-risk occupations where the rate of work-related injuries is more than twice the overall rate for U.S. industries.

Injury and Illness Prevention Programs have been proven to help businesses improve their compliance with existing laws and regulations, decrease the incidence of workplace injuries and illnesses, reduce costs (including reductions in workers’ compensation premiums) and enhance their overall business operations. According to the author, effective communication with workers has been documented to be critical to successful illness and injury prevention in the workplace. In an effort address the proven benefit of employee involvement in the success of IIPP implementation, this bill would require employers to provide employees, or their authorized representative, with access to the written IIPP.

4. Proponent Arguments:

According to proponents, when IIPPs are done properly, the risk of injury declines dramatically. Unfortunately, they argue, too many employers do not adequately prioritize this responsibility. Many do not even have one and never intend to write one. They argue that the risk of ignoring IIPP’s goes far beyond a simple citation, as the vast majority of injuries and even fatalities could have been preventable had prevention and the IIPP requirements been taken more seriously. They argue that the main reason so many employers ignore this duty is because Cal/OSHA will almost certainly never find out. Roughly 215 inspectors for 18 million workers means that without a serious accident or worker complaint, Cal/OSHA will not come out on their own.

The sponsors of the measure note that in recent years it has become clear that the single greatest number of citations issued by Cal/OSHA is for violations of the IIPP requirements, despite the fact that the IIPP statute and regulations went into effect more than 25 years ago. Proponents reference a 2015 Cal-OSHA Reporter (June 19th, 2015; Vol. 42 No. 24; p. 00-11199 ) article: “IIPP violations—alleged, that is—continue to be the most cited Title 8 safety orders, according to statistics released by the Division of Occupational Safety and Health.” In fact, they argue, when the number of IIPP citations (1,723) is added to the total number of citations issued for violations of the Construction Injury and Illness Prevention program (1,050), they “accounted for 2,733 citations last year.”

Proponents argue that this bill upgrades California’s basic workplace safety program by giving workers the right to receive a physical or electronic copy of the employer’s IIPP for free within a reasonable period of time. Additionally, proponents note that this bill is patterned after two existing ‘right to know’ statutes that give workers rights to receive copies of their itemized pay stubs and their personnel records (Labor Code Sections 226 and 1198.5, respectively). The more recent of these enactments—LC Section 1198.5— also extends that right to receive a copy to an authorized representative of a current or former employee.

5. Opponent Arguments:

A coalition of employers, including the California Chamber of Commerce, are opposed to this measure because it allows unlimited organizations and individuals with no affiliation with the employer or employee (other than being designated as such) to access the employer’s internal documents. They argue that while the language allows the employer to take reasonable steps to verify the identity of the employee or representative, no requirement for a response from the requester is required, leaving the employer to wonder if in fact the individual making the request is a current employee. This, they argue, leaves the door open to harassment of employers by multiple representatives making requests.

Additionally, opponents argue that the scope of the requested documents is too broad as employers would be required to provide “all required attachments” of an IIPP. They argue that currently, these records are exclusively available to either Cal/OSHA in an enforcement action or to plaintiffs in a legal action. They believe it is concerning that an outside advocacy organization would be allowed to request and receive more employer internal operational documents and records where no violation or legal proceedings are involved than an attorney in legal proceedings and more than Cal/OSHA is entitled to in an investigation.

Furthermore, opponents argue that the Cal/OSHA Standards Board is currently moving forward with a process to establish in regulation a process for employees to access their employer’s IIPP. They argue that this bill pre-empts this appropriate regulatory process. Opponents are also concerned with the provision of an affirmative defense for the employer of “impossibility of performance.” They argue that the employer is being asked to provide a potentially unlimited supply of internal documents by a potentially un-named employee and unlimited number of “representatives” that could be significantly disruptive to the business operations. “Impossibility” does not seem to have an end and they believe the employer could be subject to a complaint that performance has never been attained.

6. Prior Legislation:

AB 2895 (Hernández) of 2016, Placed on Senate Inactive File: discussed above.

SUPPORT

California Rural Legal Assistance Foundation (Sponsor)

Asian Americans Advancing Justice - California

California Conference Board of the Amalgamated Transit Union

California Conference of Machinists

California Labor Federation, AFL-CIO

California Professional Firefighters

California Teamsters Public Affairs Council

Engineers and Scientists of CA, IFPTE Local 20, AFL-CIO

International Longshore & Warehouse Union

Los Angeles County Professional Peace Officers Association

National Employment Law Project

Organization of SMUD Employees

Professional and Technical Engineers, IFPTE Local 21, AFL-CIO

Service Employees International Union

San Diego County Court Employees Association

San Luis Obispo County Employees Association

UNITE-HERE, AFL-CIO

Utility Workers of America

WORKSAFE

OPPOSITION

Almond Alliance of California

Associated General Contractors

Associated General Contractors – San Diego Chapter

Association of California Egg Farmers

California Association of Wheat Growers

California Chamber of Commerce

California Construction and Industrial Materials Association

California Farm Bureau Federation

California Feed & Grain Association

California Framing Contractors Association

California Grain & Feed Association

California Hotel & Lodging Association

California League of Food Processors

California Manufacturers and Technology Association

California Pear Growers Association;

California Professional Association of Specialty Contractors

California Restaurant Association

California Retailers Association

California Seed Association;

California State Floral Association

California Travel Association;

California Warehouse Association

Camarillo Chamber of Commerce;

Clovis Chamber of Commerce

Culver City Chamber;

Family Business Association of California

Fountain Valley Chamber of Commerce

Greater Riverside Chamber of Commerce

National Federation of Independent Business;

Oxnard Chamber of Commerce

Pacific Egg and Poultry Association;

Rancho Cordova Chamber of Commerce

Residential Contractor’s Association;

San Gabriel Valley Economic Partnership

Southwest California Legislative Council

The Chamber of the Santa Barbara Region

Torrance Area Chamber of Commerce;

Tulare Chamber of Commerce

Western Growers

Western Steel Council

Yuba-Sutter Chamber of Commerce

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 978

Author:(Limón)

As Amended Ver:May 26, 2017

Majority vote

SUMMARY: Provides for employee access to written injury and illness prevention programs (IIPPs), as specified. Specifically, this bill:

1. Requires an employer who receives a written request for a complete copy of the written IIPP from a current employee, or his or her authorized representative, as specified, to comply with the request as soon as practicable, but no later than 10 business days from the date a request is received.
2. Defines the term "authorized representative" to mean an attorney, health and safety professional, nonprofit organization advocate, or immediate family member; who has been asked for assistance by a current employee, and who has been authorized in writing by a current employee to request and receive a copy of the written injury prevention program.
3. Ensures that a recognized or certified collective bargaining agent shall be treated automatically as an authorized representative of current employees for the purpose of access to the complete written injury prevention program.
4. Requires the employer to provide either a paper or electronic copy of the written IIPP to the current employee or to his or her authorized representative, at no cost.
5. Authorizes the employer to take reasonable steps to verify the identity of a current employee or his or her authorized representative and to designate the person to whom a request is to be made.
6. Authorizes the assertion of impossibility of performance, as specified, as an affirmative defense by an employer in any complaint alleging a violation of these provisions.

EXISTING LAW:

1. Requires all employers to provide a safe and healthy workplace, and empowers the Division of Occupational Safety and Health (DOSH, also known as Cal/OSHA) to issue citations if employees are exposed to workplace hazards, as specified.
2. Requires employers to establish, implement, and maintain an effective IIPP.
3. Provides that the program shall be written, except as specified, and shall include, but not be limited to, the following elements:
   1. Identification of the person or persons responsible for implementing the program.
   2. The employer's system for identifying and evaluating workplace hazards, including scheduled periodic inspections to identify unsafe conditions and work practices.
   3. The employer's methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner.
   4. An occupational health and safety training program designed to instruct employees in general safe and healthy work practices and to provide specific instruction with respect to hazards specific to each employee's job assignment.
   5. The employer's system for communicating with employees on occupational health and safety matters, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal.
   6. The employer's system for ensuring that employees comply with safe and healthy work practices, which may include disciplinary action.

FISCAL EFFECT: According to the Assembly Appropriations Committee, minor and absorbable costs for the DOSH and Occupational Safety and Standards Board.

COMMENTS: According to Cal/OSHA, in order to be effective, an IIPP must fully involve all employees, supervisors, and management, identify the specific workplace hazards employees are exposed to, correct identified hazards in an appropriate and timely manner, and provide effective training. Additionally, employers must regularly review and update the IIPP in order for it to remain effective.

Proponents argue IIPPs are proven to help businesses improve their compliance with existing laws and regulations, decrease the incidence of workplace injuries and illnesses, reduce costs (including reductions in workers' compensation premiums) and enhance their overall business operations.

While noting the importance of communicating about the IIPP, opponents are concerned about expanding the authorized representative beyond a union representative and they are concerned with the potential for expanded employer liability.

Analysis Prepared by: Jennifer Richard / L. & E. / (916) 319-2091 FN: 0000520

ASSEMBLY THIRD READING

ATR Bill Id:AB 978

Author:(Limón)

As Introduced Ver:February 16, 2017

Majority vote

SUMMARY: Provides for employee access to written injury and illness prevention programs (IIPPs), as specified. Specifically, this bill:

1. Requires an employer who receives a written request for a complete copy of the written IIPP from a current employee, or his or her authorized representative, to comply with the request as soon as practicable, but no later than five business days from the date a request is received.
2. Requires the employer to provide either a paper or electronic copy of the written IIPP to the current employee or to his or her authorized representative, at no cost.

EXISTING LAW:

1. Requires all employers to provide a safe and healthy workplace, and empowers the Division of Occupational Safety and Health (DOSH, also known as Cal/OSHA) to issue citations if employees are exposed to workplace hazards, as specified.
2. Requires employers to establish, implement, and maintain an effective IIPP.
3. Provides that the program shall be written, except as specified, and shall include, but not be limited to, the following elements (Labor Code Section 6401.7):
   1. Identification of the person or persons responsible for implementing the program.
   2. The employer's system for identifying and evaluating workplace hazards, including scheduled periodic inspections to identify unsafe conditions and work practices.
   3. The employer's methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner.
   4. An occupational health and safety training program designed to instruct employees in general safe and healthy work practices and to provide specific instruction with respect to hazards specific to each employee’s job assignment.
   5. The employer's system for communicating with employees on occupational health and safety matters, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal.
   6. The employer's system for ensuring that employees comply with safe and healthy work practices, which may include disciplinary action.

FISCAL EFFECT: According to the Assembly Appropriations Committee, minor and absorbable costs for the DOSH and Occupational Safety and Standards Board.

COMMENTS: An IIPP is a basic written workplace safety program. California law requires every employer to develop and implement an effective IIPP. The specific elements of a written IIPP are set forth in the Labor Code and the Cal/OSHA regulations and include the following:

1. Responsibility
2. Compliance
3. Communication
4. Hazard Assessment
5. Accident/Exposure Investigation
6. Hazard Correction
7. Training and Instruction
8. Recordkeeping

According to Cal/OSHA, in order to be effective, an IIPP must fully involve all employees, supervisors, and management, identify the specific workplace hazards employees are exposed to, correct identified hazards in an appropriate and timely manner, and provide effective training. Additionally, employers must regularly review and update the IIPP in order for it to remain effective.

According to a 2012 United States Department of Labor Occupational Safety and Health Administration white paper titled Injury and Illness Prevention Programs, "The literature on injury and illness prevention programs also includes numerous studies that attempt to identify the critical success features associated with superior health and safety performance. Gallagher (2001) concludes that management commitment and employee involvement are the keys to program success: '[R]ecurring findings across these studies were the critical role played by senior managers in successful health and safety management systems, and the importance of effective communication, employee involvement and consultation.'"

In November 2015, the Assembly Committee on Labor and Employment conducted an informational hearing entitled, "Latino Worker Health and Safety Issues: Exploring Causes and Potential Solutions." Among other things, the hearing sought to explore some of the challenges experienced by Latino workers in greater detail, and to identify policy and other recommendations to address these concerns and improve workplace health and safety for workers. Several witnesses at the hearing testified that many Latino workers, particularly immigrants, lack a basic understanding of workplace health and safety issues and particular hazards at their place of employment.

Proponents argue IIPPs are proven to help businesses improve their compliance with existing laws and regulations, decrease the incidence of workplace injuries and illnesses, reduce costs (including reductions in workers' compensation premiums) and enhance their overall business operations.

The California Chamber of Commerce and the California Manufacturers and Technology Association submitted a letter noting their concerns. While noting the importance of communicating about the IIPP they are concerned about the potential for expanded employer liability under the bill.

Analysis Prepared by: Jennifer Richard / L. & E. / (916) 319-2091 FN: 0000165

Date of Hearing: April 26, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 978

Author:(Limón) – As Introduced Ver:February 16, 2017

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill requires an employer who receives a written request for a paper or electronic copy of a written injury and illness prevention program (IIPP), from an employee or an employee’s authorized representative, to comply within five days of receiving the request. The copy must be provided at no cost.

FISCAL EFFECT:

Minor and absorbable costs for the Division of Occupational Safety and Health (DOSH) and Occupational Safety and Standards Board.

COMMENTS:

1. Purpose. According to supporters, AB 978 will help decrease the incidence of workplace injuries and illnesses. This bill is in response to issues discussed in a 2015 Committee on Labor and Employment informational hearing on Latino worker health and safety. That hearing highlighted that many Latino workers and immigrant workers lacked a basic understanding of workplace health and safety issues.
2. Background. An IIPP is a basic written workplace safety program. California law requires every employer to develop and implement an effective IIPP. DOSH has developed model programs that employers may use. To incentivize use, non-high hazard employers that adopt, post, and implement a model program in good faith, are not subject to assessment of a civil penalty for a first violation of the requirement to maintain an IIPP.
3. Previous legislation. AB 978 is a follow-up to AB 2895 (Hernandez), 2016, which died on the Senate inactive file. That bill had more extensive requirements for employers, including that they provide a copy of the IIPP in the language spoken by a majority of employees and that employees are entitled to injunctive relief if employers have not complied with the request for a copy of the IIPP.

Analysis Prepared by: Luke Reidenbach / APPR. / (916) 319-2081

Date of Hearing: March 29, 2017

ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT

Tony Thurmond, Chair

ABPCA Bill Id:AB 978 (

Author:Limón) – As Introduced Ver:February 16, 2017

SUBJECT: Employment safety: injury and illness prevention program

SUMMARY: Provides for employee access to written injury and illness prevention programs (IIPPs), as specified. Specifically, this bill:

1. Requires an employer who receives a written request for a complete copy of the written IIPP from a current employee, or his or her authorized representative, to comply with the request as soon as practicable, but no later than five business days from the date a request is received.
2. Requires the employer to provide either a paper or electronic copy of the written IIPP to the current employee or to his or her authorized representative, at no cost.

EXISTING LAW:

1. Requires all employers to provide a safe and healthy workplace, and empowers the Division of Occupational Safety and Health (DOSH, also known as Cal/OSHA) to issue citations if employees are exposed to workplace hazards, as specified.
2. Requires employers to establish, implement, and maintain an effective IIPP.
3. Provides that the program shall be written, except as specified, and shall include, but not be limited to, the following elements (Labor Code section 6401.7):
   1. Identification of the person or persons responsible for implementing the program.
   2. The employer’s system for identifying and evaluating workplace hazards, including scheduled periodic inspections to identify unsafe conditions and work practices.
   3. The employer’s methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner.
   4. An occupational health and safety training program designed to instruct employees in general safe and healthy work practices and to provide specific instruction with respect to hazards specific to each employee’s job assignment.
   5. The employer’s system for communicating with employees on occupational health and safety matters, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal.
   6. The employer’s system for ensuring that employees comply with safe and healthy work practices, which may include disciplinary action.

FISCAL EFFECT: Unknown

COMMENTS: An IIPP is a basic written workplace safety program. California law requires every employer to develop and implement an effective IIPP. The specific elements of a written IIPP are set forth in the Labor Code and the Cal/OSHA regulations and include the following:

• Responsibility
• Compliance
• Communication
• Hazard Assessment
• Accident/Exposure Investigation
• Hazard Correction
• Training and Instruction
• Recordkeeping

According to Cal/OSHA, in order to be effective, an IIPP must fully involve all employees, supervisors, and management, identify the specific workplace hazards employees are exposed to, correct identified hazards in an appropriate and timely manner, and provide effective training. Additionally, employers must regularly review and update the IIPP in order for it to remain effective.

According to a 2012 United States Department of Labor Occupational Safety and Health Administration white paper titled Injury and Illness Prevention Programs, “The literature on injury and illness prevention programs also includes numerous studies that attempt to identify the critical success features associated with superior health and safety performance. Gallagher (2001) concludes that management commitment and employee involvement are the keys to program success: “[R]ecurring findings across these studies were the critical role played by senior managers in successful health and safety management systems, and the importance of effective communication, employee involvement and consultation.”

In November 2015, the Assembly Committee on Labor and Employment conducted an informational hearing entitled, "Latino Worker Health and Safety Issues: Exploring Causes and Potential Solutions." Among other things, the hearing sought to explore some of the challenges experienced by Latino workers in greater detail, and to identify policy and other recommendations to address these concerns and improve workplace health and safety for workers. Several witnesses at the hearing testified that many Latino workers, particularly immigrants, lack a basic understanding of workplace health and safety issues and particular hazards at their place of employment.

Proponents argue IIPPs are proven to help businesses improve their compliance with existing laws and regulations, decrease the incidence of workplace injuries and illnesses, reduce costs (including reductions in workers’ compensation premiums) and enhance their overall business operations.

The California Chamber of Commerce and the California Manufacturers and Technology Association submitted a letter noting their concerns. While noting the importance of communicating about the IIPP they are concerned about the potential for expanded employer liability under the bill.

Prior Related Legislation

AB 2895 (Hernández) of 2016, would have required an employer to keep a complete, updated copy of the currently required written injury prevention program at each worksite with three or more employees and to make it available for inspection by any employee or by the Division of Occupational Safety and Health upon oral request. AB 2895 bill would have also required an employer to inform each employee and each new hire of the availability of, and of the employee’s rights with respect to inspecting and receiving, a copy of the written injury prevention program, as specified. Additionally, AB 2895 required that an employer that receives a written request for a copy of the IIPP must comply within a minimum of five days. The measure died on the Senate Floor inactive file.

REGISTERED SUPPORT / OPPOSITION:

Support

CA Conference Board of the Amalgamated Transit Union

CA Conference of Machinists

California Labor Federation, AFL-CIO

California Rural Legal Assistance Foundation (sponsor)

California Teamsters Public Affairs Council

Engineers and Scientists of CA, Local 20

International Longshore & Warehouse Union

Los Angeles County Professional Peace Officers Association

National Employment Law Project

Organization of SMUD Employees

Professional and Technical Engineers, Local 21

San Diego County Court Employees Association

San Luis Obispo County Employees Association

United Public Employees

UNITE-HERE

Utility Workers of America

Worksafe

Concerns

California Chamber of Commerce

California Manufacturers and Technology Association

Opposition

None on file.

Analysis Prepared by: Jennifer Richard / L. & E. /