CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 203

Author:(Salas)

As Amended Ver:September 6, 2019

Majority vote

SUMMARY:

Requires construction employers performing work that disturbs the soil where Valley Fever is highly endemic to provide effective awareness training to employees on the disease.

The Senate Amendments:

1. Limit the training requirement to counties in which Valley Fever is highly endemic, as defined.
2. Provide that the training is not required in the first year that the county is listed by the Department of Public Health as highly endemic, but would be required in subsequent years.
3. Define substantial dust disturbance as visible airborne dust for a total duration of one hour or more on any day.
4. Clarify the application of the bill to employers who engage in the construction, alteration, painting, repairing, construction maintenance, renovation, removal, or wrecking of any fixed structure or its parts.
5. Clarify the topics to be covered in the awareness training.

COMMENTS:

Cal/OSHA, the occupational safety branch of the Department of Industrial Relations, provides outreach, consultation, and training to employers on health and safety standards and practices. They also provide oversight to ensure that employers are promoting a safe workplace. As part of this oversight, Cal/OSHA requires that employers develop and maintain an Injury and Illness Prevention Program (IIPP) that includes, among other things, a communications plan to employees on health and safety matters and an effective training program on general safe work practices and hazards specific to each job assignment, in a language that the employees can understand.

Under this bill, employers in the construction industry will be responsible for the Valley Fever training either as a standalone training or as part of their IIPP. Such training may utilize existing training resources from a federal, state, or local agency. Both Cal/OSHA and the CDPH have extensive online resources regarding Valley Fever.

According to the Author:

"Valley Fever, or coccidioidomycosis, is a fungal, respiratory infection caused by breathing tiny fungal spores found in the soil in dry, dusty areas throughout California and the Southwestern region of the United States. There is currently no vaccine or cure for Valley Fever and because its symptoms are similar to the common cold and flu, it is often misdiagnosed or left untreated. According to the Centers for Disease Control and Prevention (CDC), an estimated 150,000 cases go unreported every year in the United States."

The author also cites a recent uptick in cases in California as "7,534 cases were reported in 2017 and the provisional numbers for 2018 are even higher with 8,187 cases initially reported by the California Department of Public Health (CDPH), a 52 percent increase since 2016."

Arguments in Support:

The California State Council of Laborers states that "Valley Fever can be a very debilitating illness, and our members face an increased risk of contracting it due to their participating in work that causes dust disturbance. It is our hope that the prevention training required by this bill will enable not only our members but all who engage in the construction industry-to recognize the signs and symptoms of Valley Fever so they may seek prompt medical attention."

Also in support, the California Chamber of Commerce states that the bill "creates a common sense approach to alert construction employees about Valley Fever in areas where it is most commonly contracted. AB 203 creates a framework for employers to provide Valley Fever Awareness training to all construction employees in Valley Fever endemic areas of the state."

Arguments in Opposition:

None on file.

FISCAL COMMENTS:

According to the Senate Appropriations Committee the Department of Industrial Relations (DIR) indicates that it would incur first-year costs of $424,000, and annual costs ranging from $112,000 to $237,000 thereafter, to implement the provisions of the bill (Labor Enforcement and Compliance Fund).

VOTES:

ASM LABOR AND EMPLOYMENT: 7-0-0

YES: Kalra, Flora, Carrillo, Diep, Gonzalez, Bonta, Luz Rivas

ASM APPROPRIATIONS: 17-0-1

YES: Gonzalez, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Diep, Eggman, Gabriel, Eduardo Garcia, Maienschein, Obernolte, Petrie-Norris, Quirk, Robert Rivas

ABS, ABST OR NV: Fong

ASSEMBLY FLOOR: 76-0-4

YES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, O'Donnell, Obernolte, Patterson, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

ABS, ABST OR NV: Cooley, Fong, Eduardo Garcia, Kiley

SENATE FLOOR: 40-0-0

YES: Allen, Archuleta, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Chang, Dahle, Dodd, Durazo, Galgiani, Glazer, Lena Gonzalez, Grove, Hertzberg, Hill, Hueso, Hurtado, Jackson, Jones, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Stone, Umberg, Wieckowski, Wiener, Wilk

UPDATED:

VERSION: September 6, 2019

CONSULTANT: Megan Lane / L. & E. / (916) 319-2091 FN: 0002248

 THIRD READING  

Bill No: AB 203

Author: Salas (D), et al.

Amended: 9/6/19 in Senate

Vote: 21

SENATE LABOR, PUB. EMP. & RET. COMMITTEE: 5-0, 6/19/19

AYES: Hill, Morrell, Jackson, Mitchell, Pan

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/30/19

AYES: Portantino, Bates, Bradford, Durazo, Hill, Jones, Wieckowski

ASSEMBLY FLOOR: 76-0, 5/23/19 - See last page for vote

SUBJECT: Occupational safety and health: Valley Fever

SOURCE: Author

DIGEST:

This bill requires construction employers in counties where Valley Fever is highly endemic to provide all employees with training on the dangers of Valley Fever by May 1, 2020, and annually thereafter, and before an employee begins work that causes exposure to substantial dust disturbance. This bill requires the training to cover specified topics regarding Valley Fever and authorizes the training to be included in the employer’s Injury and Illness Prevention Program (IIPP) training or as a standalone training program.

Senate Floor Amendments of 9/6/19, among other things, (1) specify that the bill’s provisions apply to construction employers with employees working at worksites in counties where Valley Fever is highly endemic, and provided a definition for the term; (2) add San Joaquin, Santa Barbara and Ventura to the counties where Valley Fever is currently highly endemic; (3) add a definition for “substantial dust disturbance”; (4) add the wearing of a respirator when exposure to dust cannot be avoided and reporting symptoms to the employer to the training information that must be provided; (5) specify procedures to follow in the event that a county has not been previously identified as being highly endemic; (6) specify that these provisions also apply to construction work of a fixed structure or its parts; and (7) provide additional clarifying and technical fixes.

ANALYSIS:

Existing law:

1. Assures, under the California Occupational Safety and Health Act, safe and healthful working conditions for all California workers 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 Code §6300)
2. Establishes the Division of Occupational Safety and Health (known as Cal/OSHA) within the Department of Industrial Relations (DIR) to, among other things, propose, administer, and enforce occupational safety and health standards. (Labor Code §6300 et seq.)
3. Requires employers to establish, implement and maintain an effective IIPP that is written, except as specified, and shall include, among other things, the following elements:
   1. A system for identifying and evaluating workplace hazards, including scheduled periodic inspections to identify unsafe conditions and work practices.
   2. The employer’s methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner.
   3. 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.
   4. 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. (Labor Code §6401.7)
4. Requires every employer to file a complete report with Cal/OSHA of every occupational injury or occupational illness to each employee which results in lost time beyond the date of the injury or illness, or which requires medical treatment beyond first aid. A report must be filed within five days after the employer obtains knowledge of the injury or illness. In addition to this report, in every case involving a serious injury or illness, or death, the employer is required to make an immediate report to Cal/OSHA by telephone or email. (Labor Code §6409.1)

This bill:

1. Makes findings and declarations regarding the cause and transmission of Valley Fever.
2. Requires construction employers with employees working at worksites in counties where Valley Fever is highly endemic (including, but not limited to, Fresno, Kern, Kings, Madera, Merced, Monterey, San Joaquin, San Luis Obispo, Santa Barbara, Tulare and Ventura) and who are engaged in specific work that disturbs the soil, to provide awareness training on the disease.
3. Requires that the effective awareness training be provided to all employees by May 1, 2020, and annually thereafter, and before an employee begins work that is reasonably anticipated to cause exposure to substantial dust disturbance.
4. Defines “highly endemic” as counties where the annual incidence rate of Valley Fever is greater than 20 cases per 100,000 persons per year.
5. Defines “substantial dust disturbance” as visible airborne dust for a total duration of one hour or more on any day.
6. Requires that the awareness training include certain topics, including but not limited to, the transmission of Valley Fever, prevention methods, early detection and diagnosis, and common treatment and prognosis.
7. Provides that the awareness training may be a standalone program or part of the employer’s IIPP.
8. Provides that the training may utilize existing Valley Fever informational materials developed by federal, state, or local agencies, as specified.
9. Provides that for counties newly classified as being highly endemic of Valley Fever, as determined per the annual report published by the State Department of Public Health, the bill’s provisions would not apply in the initial year of that county’s listing in the report.
10. Specifies that employers in those newly classified counties must begin to provide the training in the year subsequent to the department’s publication that initially identified the county as being highly endemic.
11. Specifies that the bill’s provisions apply to an employer whenever employment exists in connection with the construction, alteration, painting, repairing, construction maintenance, renovation, removal, or wrecking of any fixed structure or its parts.

Background

Valley fever is caused by a microscopic fungus known as Coccidioides immitis (“cocci”) which lives in the top two to 12 inches of soil in many parts of California and the southwestern United States. According to the California Department of Public Health (CDPH), anyone who lives, works, or visits areas where Valley fever has been reported can become infected by breathing in dust that contains the Valley fever fungus. When soil is disturbed by activities such as digging, driving, or high winds, fungal spores can become airborne and potentially be inhaled by workers. More people are likely to be infected in the late summer and fall than other times of the year.

The Valley fever fungus usually infects the lungs and can cause respiratory symptoms including cough, fever, chest pain, and tiredness. In most people, the infection will go away on its own, but some people may develop severe complications which may require hospitalization. In rare cases, the infection can spread beyond the lungs to other parts of the body and infect the brain, joints, bone, skin, or other organs – becoming very serious and even fatal. There is no vaccine to prevent Valley fever and no test available to see if the Valley Fever fungus is growing in the soil.

Populations with more than 20 cases annually of Valley fever per 100,000 people are considered highly endemic. According to the DIR Web site, while the fungal spores are more likely to be present in the soils of the Central Valley, they may also be present in other areas of California. Most cases (over 65%) are reported in people who live in the Central Valley and Central Coast regions with the greatest incidence reported in Fresno, Kern, Kings, Madera, Merced, San Luis Obispo, and Tulare. Since 2000, the number of Valley fever cases has increased from less than a thousand cases to nearly 7,500 cases in 2017, and the numbers continue to grow.

Although it can be difficult to prevent Valley fever, the best way to reduce risk of exposure is to avoid breathing in dirt or dust in areas where Valley fever is common. According to CDPH, state and local health departments are addressing this problem by (1) monitoring the numbers of people who get Valley fever in California; (2) investigating Valley fever outbreaks; and (3) raising awareness of Valley fever among healthcare providers and the public.

Existing Occupational Safety and Health Obligations

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 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.

NOTE: Please see the Policy Committee analysis on this bill for more background information.

Comments

Need for this bill? According to the author, “There is currently no vaccine or cure

for Valley Fever and because its symptoms are similar to the common cold and flu,

it is often misdiagnosed or left untreated. According to the Centers for Disease

control and Prevention (CDC), an estimated 150,000 more cases go unreported

every year in the United States. Cases have continued to increase in California over

recent years. A record high of 7,534 cases were reported in 2017 and the

provisional numbers for 2018 are even higher with 8,261 cases reported as of June

2019 by the California Department of Public Health (CDPH). According the CDC,

cases have gone up 400 percent from 1998-2015.

“Recent research has linked the increase in cases of Valley Fever to both climate change and wildfires. A study conducted by the National Oceanic and Atmospheric Administration (NOAA) noted that the warmer temperatures and drier climate in the Southwest have led to more dust storms which, in turn, leads to more spreading of the fungal spores. Employees that work outdoors, especially those who work around soil, are particularly vulnerable to contracting Valley Fever because they face the greatest rate of dust exposure.”

The author argues that given the well-documented risk to outdoor workers, and the growing infrastructure and housing needs of the state that will result in expansive development and construction, thus potentially leading to even more workers being exposed to infection, combined with the fact that Valley Fever is commonly undiagnosed or misdiagnosed, it is critical that workers in endemic areas have educational training to best help prevent and protect themselves from Valley Fever.

Related/Prior Legislation

AB 1788 (Salas, Chapter 230, Statutes of 2018) authorized the CDPH, for the purpose of reports confirming a case of Valley Fever, to use laboratory criteria for diagnosis, with or without clinical criteria.

AB 1789 (Salas, 2018), held in the Assembly Appropriations Committee, would have required the Occupational Safety and Health Standards Board to adopt standards related to Valley Fever for state public works projects.

AB 1880 (Fong and Salas, 2018), which died in the Assembly Health Committee, would have, among other things, required CDPH to collect data on Valley Fever cases.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Senate Appropriations Committee, the DIR indicates that it would incur first-year costs of $424,000, and annual costs ranging from $112,000 to $237,000 thereafter, to implement the provisions of this bill (Labor Enforcement and Compliance Fund).

SUPPORT: (Verified 9/6/19)

Associated General Contractors

California Building Industry Association

California Chamber of Commerce

California Framing Contractors Association

California Landscape Contractors Association

California Legislative Council of the Plumbing, Heating and Piping Industry

California Professional Association of Specialty Contractors

California State Council of Laborers

National Electrical Contractors Association, California Chapter

Residential Contractors Association

United Contractors

OPPOSITION: (Verified 9/6/19)

None received

ARGUMENTS IN SUPPORT: In support of the bill, the California State Council of Laborers states that “Valley Fever can be a very debilitating illness, and our members face an increased risk of contracting it due to their participating in work that causes dust disturbance. It is our hope that the prevention training required by this bill will enable not only our members but all who engage in the construction industry-to recognize the signs and symptoms of Valley Fever so they may seek prompt medical attention.”

Also in support, the California Chamber of Commerce states that the bill “creates a common sense approach to alert construction employees about Valley Fever in areas where it is most commonly contracted.”

ASSEMBLY FLOOR: 76-0, 5/23/19

AYES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

NO VOTE RECORDED: Cooley, Fong, Eduardo Garcia, Kiley

Prepared by: Alma Perez-Schwab / L., P.E. & R. / (916) 651-1556

9/9/19 18:20:21

**** END ****

 THIRD READING  

Bill No: AB 203

Author: Salas (D), et al.

Amended: 5/16/19 in Assembly

Vote: 21

SENATE LABOR, PUB. EMP. & RET. COMMITTEE: 5-0, 6/19/19

AYES: Hill, Morrell, Jackson, Mitchell, Pan

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/30/19

AYES: Portantino, Bates, Bradford, Durazo, Hill, Jones, Wieckowski

ASSEMBLY FLOOR: 76-0, 5/23/19 - See last page for vote

SUBJECT: Occupational safety and health: Valley Fever

SOURCE: Author

DIGEST:

This bill requires construction employers in counties where Valley Fever is endemic to provide all employees with training on the dangers of Valley Fever by May 1, 2020, and annually thereafter, and before an employee begins work that causes substantial dust disturbance. This bill requires the training to cover specified topics regarding Valley Fever and authorizes the training to be included in the employer’s Injury and Illness Prevention Program (IIPP) training or as a standalone training program.

ANALYSIS:

Existing law:

1. Assures, under the California Occupational Safety and Health Act, safe and healthful working conditions for all California workers 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 Code §6300)
2. Establishes the Division of Occupational Safety and Health (known as Cal/OSHA) within the Department of Industrial Relations (DIR) to, among other things, propose, administer, and enforce occupational safety and health standards. (Labor Code §6300 et seq.)
3. Requires employers to establish, implement and maintain an effective IIPP that is written, except as specified, and shall include, among other things, the following elements:
   1. A system for identifying and evaluating workplace hazards, including scheduled periodic inspections to identify unsafe conditions and work practices.
   2. The employer’s methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner.
   3. 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.
   4. 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. (Labor Code §6401.7)
4. Requires every employer to file a complete report with Cal/OSHA of every occupational injury or occupational illness to each employee which results in lost time beyond the date of the injury or illness, or which requires medical treatment beyond first aid. A report must be filed within five days after the employer obtains knowledge of the injury or illness. In addition to this report, in every case involving a serious injury or illness, or death, the employer is required to make an immediate report to Cal/OSHA by telephone or email. (Labor Code §6409.1)

This bill:

1. Makes findings and declarations regarding the cause and transmission of Valley Fever.
2. Requires construction employers, in counties where Valley Fever is endemic (including, but not limited to, Fresno, Kern, Kings, Madera, Monterey, San Luis Obispo and Tulare) and who are engaged in specific work that disturbs the soil, to provide effective awareness training on the disease.
3. Requires that the awareness training be provided to all employees by May 1, 2020, and annually thereafter, and before an employee begins work that is reasonably anticipated to cause substantial dust disturbance.
4. Requires that the awareness training include certain topics, including but not limited to, the transmission of Valley Fever, prevention methods, early detection and diagnosis, and common treatment and prognosis.
5. Provides that the awareness training may be a standalone program or part of the employer’s IIPP.
6. Provides that the training may utilize existing Valley Fever informational materials developed by federal, state, or local agencies, as specified.

Background

Valley fever is caused by a microscopic fungus known as Coccidioides immitis (“cocci”) which lives in the top two to 12 inches of soil in many parts of California and the southwestern United States. According to the California Department of Public Health (CDPH), anyone who lives, works, or visits areas where Valley fever has been reported can become infected by breathing in dust that contains the Valley fever fungus. When soil is disturbed by activities such as digging, driving, or high winds, fungal spores can become airborne and potentially be inhaled by workers. More people are likely to be infected in the late summer and fall than other times of the year.

The Valley fever fungus usually infects the lungs and can cause respiratory symptoms including cough, fever, chest pain, and tiredness. In most people, the infection will go away on its own, but some people may develop severe complications which may require hospitalization. In rare cases, the infection can spread beyond the lungs to other parts of the body and infect the brain, joints, bone, skin, or other organs – becoming very serious and even fatal. There is no vaccine to prevent Valley fever and no test available to see if the Valley Fever fungus is growing in the soil.

Populations with more than 20 cases annually of Valley fever per 100,000 people are considered highly endemic. According to the DIR Web site, while the fungal spores are more likely to be present in the soils of the Central Valley, they may also be present in other areas of California. Most cases (over 65%) are reported in people who live in the Central Valley and Central Coast regions with the greatest incidence reported in Fresno, Kern, Kings, Madera, Merced, San Luis Obispo, and Tulare. Since 2000, the number of Valley fever cases has increased from less than a thousand cases to nearly 7,500 cases in 2017, and the numbers continue to grow.

Although it can be difficult to prevent Valley fever, the best way to reduce risk of exposure is to avoid breathing in dirt or dust in areas where Valley fever is common. According to CDPH, state and local health departments are addressing this problem by (1) monitoring the numbers of people who get Valley fever in California; (2) investigating Valley fever outbreaks; and (3) raising awareness of Valley fever among healthcare providers and the public.

Existing Occupational Safety and Health Obligations

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 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.

NOTE: Please see the Policy Committee analysis on this bill for more background information.

Comments

Need for this bill? According to the author, “There is currently no vaccine or cure

for Valley Fever and because its symptoms are similar to the common cold and flu,

it is often misdiagnosed or left untreated. According to the Centers for Disease

control and Prevention (CDC), an estimated 150,000 more cases go unreported

every year in the United States. Cases have continued to increase in California over

recent years. A record high of 7,534 cases were reported in 2017 and the

provisional numbers for 2018 are even higher with 8,261 cases reported as of June

2019 by the California Department of Public Health (CDPH). According the CDC,

cases have gone up 400 percent from 1998-2015.

“Recent research has linked the increase in cases of Valley Fever to both climate change and wildfires. A study conducted by the National Oceanic and Atmospheric Administration (NOAA) noted that the warmer temperatures and drier climate in the Southwest have led to more dust storms which, in turn, leads to more spreading of the fungal spores. Employees that work outdoors, especially those who work around soil, are particularly vulnerable to contracting Valley Fever because they face the greatest rate of dust exposure.”

The author argues that given the well-documented risk to outdoor workers, and the growing infrastructure and housing needs of the state that will result in expansive development and construction, thus potentially leading to even more workers being exposed to infection, combined with the fact that Valley Fever is commonly undiagnosed or misdiagnosed, it is critical that workers in endemic areas have educational training to best help prevent and protect themselves from Valley Fever.

Related/Prior Legislation

AB 1788 (Salas, Chapter 230, Statutes of 2018) authorized the CDPH, for the purpose of reports confirming a case of Valley Fever, to use laboratory criteria for diagnosis, with or without clinical criteria.

AB 1789 (Salas, 2018), held in the Assembly Appropriations Committee, would have required the Occupational Safety and Health Standards Board to adopt standards related to Valley Fever for state public works projects.

AB 1880 (Fong and Salas, 2018), which died in the Assembly Health Committee, would have, among other things, required CDPH to collect data on Valley Fever cases.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Senate Appropriations Committee, the DIR indicates that it would incur first-year costs of $424,000, and annual costs ranging from $112,000 to $237,000 thereafter, to implement the provisions of this bill (Labor Enforcement and Compliance Fund).

SUPPORT: (Verified 8/26/19)

Associated General Contractors

California Building Industry Association

California Chamber of Commerce

California Framing Contractors Association

California Landscape Contractors Association

California Legislative Council of the Plumbing, Heating and Piping Industry

California Professional Association of Specialty Contractors

California State Council of Laborers

National Electrical Contractors Association, California Chapter

Residential Contractors Association

United Contractors

OPPOSITION: (Verified 8/26/19)

None received

ARGUMENTS IN SUPPORT: In support of the bill, the California State Council of Laborers states that “Valley Fever can be a very debilitating illness, and our members face an increased risk of contracting it due to their participating in work that causes dust disturbance. It is our hope that the prevention training required by this bill will enable not only our members but all who engage in the construction industry-to recognize the signs and symptoms of Valley Fever so they may seek prompt medical attention.”

Also in support, the California Chamber of Commerce states that the bill “creates a common sense approach to alert construction employees about Valley Fever in areas where it is most commonly contracted.”

ASSEMBLY FLOOR: 76-0, 5/23/19

AYES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

NO VOTE RECORDED: Cooley, Fong, Eduardo Garcia, Kiley

Prepared by: Alma Perez-Schwab / L., P.E. & R. / (916) 651-1556

9/1/19 10:13:56

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2019 - 2020 Regular Session

AB 203 (Salas) - Occupational safety and health: Valley Fever

Bill Summary:

AB 203 would require construction employers performing work that disturbs the soil where Valley Fever is endemic to provide effective awareness training on the disease to all its employees by May 1, 2020 and annually thereafter.

Fiscal Impact:

The Department of Industrial Relations (DIR) indicates that it would incur first-year costs of $424,000, and annual costs ranging from $112,000 to $237,000 thereafter, to implement the provisions of the bill (Labor Enforcement and Compliance Fund).

Background:

Valley Fever is caused by a microscopic fungus prevalent in the top two to 12 inches of soil in many parts of California and the southwestern United States. According to the California Department of Public Health (CDPH), anyone who lives, works, or visits areas where Valley fever has been reported can become infected by breathing in dust that contains the fungus. When soil is disturbed by activities such as digging, driving, or high winds, fungal spores can become airborne and potentially be inhaled by workers. More people are likely to be infected in the late summer and fall than other times of the year.

The fungus usually infects the lungs and can cause respiratory symptoms including cough, fever, chest pain, and tiredness. In most people, the infection will go away on the natural, but some people may develop severe complications which may require hospitalization. In rare cases, the infection can spread beyond the lungs to other parts of the body and infect the brain, joints, bone, skin, or other organs – becoming very serious and even fatal. There is no vaccine to prevent Valley fever and no test available to see if the Valley Fever fungus is growing in the soil.

Populations with more than 20 cases annually of Valley fever per 100,000 people are considered highly endemic. About two-thirds of those cases are reported in people who live in the Central Valley and Central Coast regions. The greatest incidence occurs in Fresno, Kern, Kings, Madera, Merced, San Luis Obispo, and Tula. Since 2000, the number of Valley fever cases has increased from less than a thousand cases to nearly 7,500 cases in 2017.

Although it can be difficult to prevent Valley fever, the best way to reduce risk of exposure is to avoid breathing in dirt or dust in areas where Valley fever is common. According to CDPH, state and local health departments are addressing this problem by 1) monitoring the numbers of people who get Valley fever in California; 2) investigating Valley fever outbreaks; and 3) raising awareness of Valley fever among healthcare providers and the public.

Under current law, every employer is required 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: (1) management commitment/assignment of responsibilities, (2) safety communications system with employees, (3) system for assuring employee compliance with safe work practices, (4) scheduled inspections/evaluation system, (5) accident investigation, (6) procedures for correcting unsafe/ unhealthy conditions, (7) safety and health training and instruction, and (8) recordkeeping and documentation.

Cal/OSHA indicates that in order to be effective, an IIPP must (1) fully involve all employees, supervisors, and management, (2) identify the specific workplace hazards employees are exposed to, (3) correct identified hazards in an appropriate and timely manner, and (4) provide effective training. Additionally, employers must regularly review and update the IIPP in order for it to remain effective.

Proposed Law:

This bill would, among other things, do the following:

• Require construction employers, in counties where Valley Fever is endemic (including, but not limited to, Fresno, Kern, Kings, Madera, Monterey, San Luis Obispo and Tulare) and who are engaged in specific work that disturbs the soil, to provide effective awareness training on the disease.
• Require that the awareness training be provided to all employees by May 1, 2020, and annually thereafter, and before an employee begins work that is reasonably anticipated to cause substantial dust disturbance.
• Require that the awareness training include certain topics, including but not limited to, the transmission of Valley Fever, prevention methods, early detection and diagnosis, and common treatment and prognosis of the disease.
• Provide that the awareness training may be a standalone program or part of the employer’s IIPP.
• Provide that the training may utilize existing Valley Fever informational materials developed by federal, state, or local agencies, as specified.

Related Legislation:

• AB 1788 (Salas, Chapter 230, Statutes of 2018) authorizes CDPH, for the purpose of reports confirming a case of Valley Fever, to use laboratory criteria for diagnosis, with or without clinical criteria.
• AB 1789 (Salas, 2018) would have required the Occupational Safety and Health Standards Board to adopt standards related to Valley Fever for state public works projects. The bill was held under submission on the Suspense File of the Assembly Appropriations Committee.
• AB 1880 (Fong, 2018) would have, among other things, required the CDPH to collect data on Valley Fever cases yearly. The bill failed passage in the Assembly Health Committee.

Staff Comments:

As noted above, this bill would require DIR to develop regulations and train its personnel on the Valley Fever-specific regulation. DIR indicates that additional staff would be required to handle the workload the bill would generate. DIR estimates that implementation costs would be $424,000 for the first year, and between $112,000 and $237,000 thereafter for rulemaking and enforcement.

-- END --

SENATE COMMITTEE ON LABOR, PUBLIC EMPLOYMENT AND RETIREMENT

Senator Jerry Hill, Chair

2019 - 2020 Regular

Bill No: AB 203 Hearing Date: June 19, 2019

SUBJECT: Occupational safety and health: Valley Fever

KEY ISSUE

Should construction employers performing work that disturbs the soil where Valley Fever is endemic be required to provide effective awareness training on the disease to all its employees by May 1, 2020 and annually thereafter?

ANALYSIS

Existing law:

1. Under the California Occupational Safety and Health Act, assures safe and healthful working conditions for all California workers 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 Code §6300)
2. Establishes the Division of Occupational Safety and Health (known as Cal/OSHA) within the Department of Industrial Relations (DIR) to, among other things, propose, administer, and enforce occupational safety and health standards. (Labor Code §6300 et seq.)
3. Requires employers to establish, implement and maintain an effective Injury and Illness Prevention Program (IIPP) that is written, except as specified, and shall include, among other things, the following elements (Labor Code §6401.7):
   1. A system for identifying and evaluating workplace hazards, including scheduled periodic inspections to identify unsafe conditions and work practices.
   2. The employer’s methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner.
   3. 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.
   4. 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.
4. Requires every employer to file a complete report with Cal/OSHA of every occupational injury or occupational illness to each employee which results in lost time beyond the date of the injury or illness, or which requires medical treatment beyond first aid. A report must be filed within five days after the employer obtains knowledge of the injury or illness. In addition to this report, in every case involving a serious injury or illness, or death, the employer is required to make an immediate report to Cal/OSHA by telephone or email. (Labor Code §6409.1)

This bill:

1. Makes findings and declarations as to the cause and transmission of Valley Fever.
2. Requires construction employers, in counties where Valley Fever is endemic (including, but not limited to, Fresno, Kern, Kings, Madera, Monterey, San Luis Obispo and Tulare) and who are engaged in specific work that disturbs the soil, to provide effective awareness training on the disease.
3. Requires that the awareness training be provided to all employees by May 1, 2020, and annually thereafter, and before an employee begins work that is reasonably anticipated to cause substantial dust disturbance.
4. Requires that the awareness training include certain topics, including but not limited to, the transmission of Valley Fever, prevention methods, early detection and diagnosis, and common treatment and prognosis of the disease.
5. Provides that the awareness training may be a standalone program or part of the employer’s Injury and Illness Prevention Program (IIPP).
6. Provides that the training may utilize existing Valley Fever informational materials developed by federal, state, or local agencies, as specified.

COMMENTS

1. Background on Valley Fever:

Valley fever is caused by a microscopic fungus known as Coccidioides immitis (“cocci”) which lives in the top two to 12 inches of soil in many parts of California and the southwestern United States. According to the California Department of Public Health (CDPH), anyone who lives, works, or visits areas where Valley fever has been reported can become infected by breathing in dust that contains the Valley fever fungus. When soil is disturbed by activities such as digging, driving, or high winds, fungal spores can become airborne and potentially be inhaled by workers. More people are likely to be infected in the late summer and fall than other times of the year.

The Valley fever fungus usually infects the lungs and can cause respiratory symptoms including cough, fever, chest pain, and tiredness. In most people, the infection will go away on its own, but some people may develop severe complications which may require hospitalization. In rare cases, the infection can spread beyond the lungs to other parts of the body and infect the brain, joints, bone, skin, or other organs – becoming very serious and even fatal. There is no vaccine to prevent Valley fever and no test available to see if the Valley Fever fungus is growing in the soil.

Populations with more than 20 cases annually of Valley fever per 100,000 people are considered highly endemic. According to the Department of Industrial Relations website, while the fungal spores are more likely to be present in the soils of the Central Valley, they may also be present in other areas of California. Most cases (over 65%) are reported in people who live in the Central Valley and Central Coast regions with the greatest incidence reported in Fresno, Kern, Kings, Madera, Merced, San Luis Obispo, and Tula. Since 2000, the number of Valley fever cases has increased from less than a thousand cases to nearly 7,500 cases in 2017, and the numbers continue to grow.

Although it can be difficult to prevent Valley fever, the best way to reduce risk of exposure is to avoid breathing in dirt or dust in areas where Valley fever is common. According to CDPH, state and local health departments are addressing this problem by 1) monitoring the numbers of people who get Valley fever in California; 2) investigating Valley fever outbreaks; and 3) raising awareness of Valley fever among healthcare providers and the public.

2. Existing Occupational Safety and Health Obligations:

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.

3. Need for this bill?

According to the author, “There is currently no vaccine or cure for Valley Fever and because its symptoms are similar to the common cold and flu, it is often misdiagnosed or left untreated. According to the Centers for Disease Control and Prevention (CDC), an estimated 150,000 more cases go unreported every year in the United States. Cases have continued to increase in California over recent years. A record high of 7,534 cases were reported in 2017 and the provisional numbers for 2018 are even higher with 8,261 cases reported as of June 2019 by the California Department of Public Health (CDPH). According the CDC, cases have gone up 400 percent from 1998-2015.

Recent research has linked the increase in cases of Valley Fever to both climate change and wildfires. A study conducted by the National Oceanic and Atmospheric Administration (NOAA) noted that the warmer temperatures and drier climate in the Southwest have led to more dust storms which, in turn, leads to more spreading of the fungal spores.

Employees that work outdoors, especially those who work around soil, are particularly vulnerable to contracting Valley Fever because they face the greatest rate of dust exposure.”

The author argues that given the well-documented risk to outdoor workers, and the growing infrastructure and housing needs of the state that will result in expansive development and construction, thus potentially leading to even more workers being exposed to infection, combined with the fact that Valley Fever is commonly undiagnosed or misdiagnosed, it is critical that workers in endemic areas have educational training to best help prevent and protect themselves from Valley Fever, and to be aware of the signs and symptoms of the disease so that they can get tested and treated as soon as possible.

This bill will require construction employers in specified counties to provide all employees with training, either as part of the employer’s IIPP training or as a standalone training program, on the dangers of Valley Fever. Both Cal/OSHA and the CDPH have extensive online resources regarding Valley Fever.

4. Staff Comment:

The California State Council of Laborers are in support of the measure and offer the following suggestion to the author, “We respectfully request that you consider that the training materials in this prevention program be made available in multiple languages. This will ensure all workers fully understand the prevention measures available to them.” Existing law, under the Dymally-Alatorre Bilingual Services Act, requires each state agency to conduct a language survey of each of its statewide and local offices every two years to determine, among other things, the number and percentage of non-English-speaking people served by each statewide and local office, broken down by native language, and a list of all written materials that are required to be translated or otherwise made accessible to non- or limited-English-speaking individuals, as specified. (Government Code §7299.4) As part of this requirement, DIR makes various health and safety materials available in Spanish and other languages.

Given the fact that many of the workers who are potentially at higher risk of exposure to Valley Fever may speak a foreign language, the author may wish to amend the bill to require that materials utilized in the awareness training be provided in multiple languages.

5. Proponent Arguments

In support of the bill, the California State Council of Laborers states that “Valley Fever can be a very debilitating illness, and our members face an increased risk of contracting it due to their participating in work that causes dust disturbance. It is our hope that the prevention training required by this bill will enable not only our members but all who engage in the construction industry-to recognize the signs and symptoms of Valley Fever so they may seek prompt medical attention.”

Also in support, the California Chamber of Commerce states that the bill “creates a common sense approach to alert construction employees about Valley Fever in areas where it is most commonly contracted. AB 203 creates a framework for employers to provide Valley Fever Awareness training to all construction employees in Valley Fever endemic areas of the state.”

6. Opponent Arguments:

None received.

7. Prior/Related Legislation:

AB 1788 (Salas) Chapter 230, Statutes of 2018 authorizes the CDPH, for the purpose of reports confirming a case of Valley Fever, to use laboratory criteria for diagnosis, with or without clinical criteria.

AB 1789 (Salas) of 2018, held in Assembly Appropriations Committee, would have required the Occupational Safety and Health Standards Board to adopt standards related to Valley Fever for state public works projects.

AB 1880 (Fong and Salas) of 2018, died in Assembly Health Committee, would have, among other things, required the CDPH to collect data on Valley Fever cases yearly.

SUPPORT

Associated General Contractors

California Building Industry Association

California Chamber of Commerce

California Framing Contractors Association

California Landscape Contractors Association

California Legislative Council of the Plumbing, Heating and Piping Industry

California Professional Association of Specialty Contractors

California State Council of Laborers

National Electrical Contractors Association, California Chapter

Residential Contractors Association

United Contractors

OPPOSITION

None received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 203

Author:(Salas)

As Amended Ver:May 16, 2019

Majority vote

SUMMARY:

Requires construction employers performing work that disturbs the soil where Valley Fever is endemic to provide effective awareness training to employees on the disease.

Major Provisions

1. Requires construction employers, in counties where Valley Fever is endemic and who are engaged in specific work that disturbs the soil, to provide effective awareness training on the disease.
2. Requires that the awareness training be provided to all employees by May 1, 2020, and annually thereafter and prior to an employee beginning work that is reasonably anticipated to cause substantial dust disturbance.
3. Requires that the awareness training include certain topics, including but not limited to, the transmission of Valley Fever, prevention methods, early detection and diagnosis, and common treatment and prognosis of the disease.
4. Provides that the awareness training may be a standalone program or part of the employer's Injury and Illness Prevention Program (IIPP).
5. Provides that the training may utilize existing Valley Fever informational materials developed by federal, state, or local agencies, as specified.

COMMENTS:

Cal/OSHA, the occupational safety branch of the Department of Industrial Relations, provides outreach, consultation, and training to employers on health and safety standards and practices. They also provide oversight to ensure that employers are promoting a safe workplace. As part of this oversight, Cal/OSHA requires that employers develop and maintain an IIPP that includes, among other things, a communications plan to employees on health and safety matters and an effective training program on general safe work practices and hazards specific to each job assignment, in a language that the employees can understand.

Under this bill, employers in the construction industry will be responsible for the Valley Fever training either as a standalone training or as part of their IIPP. Such training may utilize existing training resources from a federal, state, or local agency. Both Cal/OSHA and the CDPH have extensive online resources regarding Valley Fever.

According to the Author:

"Valley Fever, or coccidioidomycosis, is a fungal, respiratory infection caused by breathing tiny fungal spores found in the soil in dry, dusty areas throughout California and the Southwestern region of the United States. There is currently no vaccine or cure for Valley Fever and because its symptoms are similar to the common cold and flu, it is often misdiagnosed or left untreated. According to the Centers for Disease Control and Prevention (CDC), an estimated 150,000 cases go unreported every year in the United States."

The author also cites a recent uptick in cases in California as "7,534 cases were reported in 2017 and the provisional numbers for 2018 are even higher with 8,187 cases initially reported by the California Department of Public Health (CDPH), a 52 percent increase since 2016."

Arguments in Support:

The California State Council of Laborers states that "Valley Fever can be a very debilitating illness, and our members face an increased risk of contracting it due to their participating in work that causes dust disturbance. It is our hope that the prevention training required by this bill will enable not only our members but all who engage in the construction industry-to recognize the signs and symptoms of Valley Fever so they may seek prompt medical attention."

Also in support, the California Chamber of Commerce states that the bill "creates a common sense approach to alert construction employees about Valley Fever in areas where it is most commonly contracted. AB 203 creates a framework for employers to provide Valley Fever Awareness training to all construction employees in Valley Fever endemic areas of the state."

Arguments in Opposition:

No known opposition on file.

FISCAL COMMENTS:

Significant one-time special-fund costs to the Division on Occupational Safety and Health (Cal/OSHA) in the range of $400,000 for the development of regulations and ongoing costs in the range of $100,000 to $150,000 for further rulemaking, if required, and enforcement.

VOTES:

ASM LABOR AND EMPLOYMENT: 7-0-0

YES: Kalra, Flora, Carrillo, Diep, Gonzalez, Bonta, Luz Rivas

ASM APPROPRIATIONS: 17-0-1

YES: Gonzalez, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Diep, Eggman, Gabriel, Eduardo Garcia, Maienschein, Obernolte, Petrie-Norris, Quirk, Robert Rivas

ABS, ABST OR NV: Fong

UPDATED:

VERSION: May 16, 2019

CONSULTANT: Megan Lane / L. & E. / (916) 319-2091 FN: 0000540

Date of Hearing: April 3, 2019

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 203

Author:(Salas) – As Introduced Ver:January 14, 2019

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

SUMMARY:

This bill requires construction employers located in specified counties to provide Valley Fever awareness training. This training, which can be part of an existing injury and illness prevention program (IIPP) training, must be provided to all potentially exposed workers by May 1, 2020, and then once a year thereafter.

FISCAL EFFECT:

Significant one-time special-fund costs to the Division on Occupational Safety and Health (Cal/OSHA) in the range of $400,000 for the development of regulations and ongoing costs in the range of $100,000 to $200,000 for further rulemaking, if required, and enforcement (see comment #4).

COMMENTS:

1. Background and purpose. Valley Fever is a fungal infection that can be contracted by breathing in microscopic spores from the air. While most people who contract the disease do not get sick, some develop flu-like symptoms that can last months. In some rare cases, the disease can be fatal. California’s Valley Fever incidence rates have increased as a result of the recent drought, and there were an estimated 8,187 cases initially reported in 2018.

According to supporters, AB 203 will help workers recognize the signs and symptoms of Valley Fever so they can seek appropriate medical care.

1. What this bill does. This bill adds a new training requirement for certain construction employers located in counties where Valley Fever is endemic, including the counties of Fresno, Kern, Kings, Madera, Merced, Monterey, San Luis Obispo and Tulare. Employers must provide the training if workers engage in activity that “disturbs the soil,” which would expose employees to Valley Fever-causing fungus spores.
2. IIPPs. Cal/OSHA requires each employer develop and maintain an IIPP that includes, among other things, an effective training program on safe work practices and the hazards specific to each job assignment. Some employers may already provide employees information about Valley Fever risks as part of their IIPP. Under this bill, more employers are likely to include such information in order to comply with new training requirements.
3. Staff comments. AB 203 is quite simple and straightforward and is likely to help spread much-needed awareness to construction workers. However, as drafted, this bill generates unnecessary costs for Cal/OSHA and excludes many workers vulnerable to Valley Fever.

First, it is not entirely clear who would be subject to AB 203’s training requirements, which creates uncertainty for Cal/OSHA, employees and employers. The lack of definitions around what constitutes a “potentially exposed employee” and the types of activities that can expose employees to Valley Fever would require costly upfront work from Cal/OSHA that could be avoided if the bill were clearer.

Second, AB 203’s new training standards do not apply to other industries affected by Valley Fever. While construction workers are vulnerable, so are agricultural workers and even other types of workers not normally associated with soil work. For example, in 2014 there were five cases of Valley Fever among crew members filming in Ventura County. These workers also engaged in soil-disruptive work, but they would not have received any training required by this bill.

1. Recent legislation. AB 1789 (Salas), of the 2017-18 Legislative Session, would have required the Occupational Safety and Health Standards Board to adopt standards related to Valley Fever for state public works projects. AB 1789 had significant costs and reached only workers connected to public works projects. It was held on this committee’s Suspense File.

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

Date of Hearing: March 6, 2019

ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT

Ash Kalra, Chair

ABPCA Bill Id:AB 203 (

Author:Salas) – As Introduced Ver:January 14, 2019

SUBJECT: Occupational safety and health: Valley Fever

SUMMARY: Requires construction employers performing work that disturbs the soil where Valley Fever is endemic to provide effective awareness training on the disease. Specifically, this bill:

1. Makes findings and declarations as to the cause and transmission of Valley Fever.
2. Requires construction employers, in counties where Valley Fever is endemic and who are engaged in specific work that disturbs the soil, to provide effective awareness training on the disease.
3. Requires that the awareness training be provided to all potentially exposed employees by May 1, 2020, and annually thereafter and prior to an employee beginning work that is reasonably anticipated to cause substantial dust disturbance.
4. Requires that the awareness training include certain topics, including but not limited to, the transmission of Valley Fever, prevention methods, early detection and diagnosis, and common treatment and prognosis of the disease.
5. Provides that the awareness training may be a standalone program or part of the employer’s Injury and Illness Prevention Program (IIPP).
6. Provides that the training may utilize existing Valley Fever informational materials developed by federal, state, or local agencies, as specified.

EXISTING LAW:

1. Provides the Division of Occupational Safety and Health (Cal/OSHA) within the Department of Industrial Relations jurisdiction over all employment and places of employment necessary to enforce and administer occupational health and safety laws.
2. Establishes safety provisions applicable to certain construction activities.
3. Provides that a violation of occupational health and safety laws under specific circumstances is a crime.

FISCAL EFFECT: Unknown

COMMENTS: According to the author, “Valley Fever, or coccidioidomycosis, is a fungal, respiratory infection caused by breathing tiny fungal spores found in the soil in dry, dusty areas throughout California and the Southwestern region of the United States. There is currently no vaccine or cure for Valley Fever and because its symptoms are similar to the common cold and flu, it is often misdiagnosed or left untreated. According to the Centers for Disease Control and Prevention (CDC), an estimated 150,000 cases go unreported every year in the United States.”

The author also cites a recent uptick in cases in California as “7,534 cases were reported in 2017 and the provisional numbers for 2018 are even higher with 8,187 cases initially reported by the California Department of Public Health (CDPH), a 52 percent increase since 2016.”

In support of the bill, the California State Council of Laborers states that “Valley Fever can be a very debilitating illness, and our members face an increased risk of contracting it due to their participating in work that causes dust disturbance. It is our hope that the prevention training required by this bill will enable not only our members but all who engage in the construction industry-to recognize the signs and symptoms of Valley Fever so they may seek prompt medical attention.”

Also in support, the California Chamber of Commerce states that the bill “creates a common sense approach to alert construction employees about Valley Fever in areas where it is most commonly contracted. AB 203 creates a framework for employers to provide Valley Fever Awareness training to all construction employees in Valley Fever endemic areas of the state.”

The Current Framework for Workplace Health and Safety Training

Cal/OSHA, the occupational safety branch of the Department of Industrial Relations, provides outreach, consultation, and training to employers on health and safety standards and practices. They also provide oversight to ensure that employers are promoting a safe workplace. As part of this oversight, Cal/OSHA requires that employers develop and maintain an IIPP that includes, among other things, a communications plan to employees on health and safety matters and an effective training program on general safe work practices and hazards specific to each job assignment, in a language that the employees can understand.

Under this bill, employers in the construction industry will be responsible for the Valley Fever training either as a standalone training or as part of their IIPP. Such training may utilize existing training resources from a federal, state, or local agency. Both Cal/OSHA and the CDPH have extensive online resources regarding Valley Fever.

Prior Legislation

AB 1788 (Salas) Chapter 230, Statutes of 2018 authorizes the CDPH, for the purpose of reports confirming a case of Valley Fever, to use laboratory criteria for diagnosis, with or without clinical criteria.

AB 1789 (Salas) of 2018 would have required the Occupational Safety and Health Standards Board to adopt standards related to Valley Fever for state public works projects. The measure was held in the Assembly Appropriations Committee.

AB 1880 (Fong and Salas) of 2018 would have required the CDPH to collect data on Valley Fever cases on or before April 1 of each year, among other things. The measure died in the Assembly Health Committee.

AB 1881 (Fong and Salas) of 2018 would have encouraged a medical provider to order, or a city or county public health laboratory to use, two specified blood tests in suspected cases of Valley Fever, but would allow the ordering or use of other types of tests. The measure died in the Assembly Health Committee.

REGISTERED SUPPORT / OPPOSITION:

Support

Associated General Contractors of California
California Chamber of Commerce
California State Council of Laborers

Opposition

None on file.

Analysis Prepared by: Megan Lane / L. & E. /