SB 686: Domestic workers: occupational safety.
- Session Year: 2023-2024
- House: Senate
- Latest Version Date: 2023-09-25
Current Status:
Failed
(2024-01-25: Stricken from file.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
The bill brings household domestic workers (like nannies, home caregivers, and housecleaners) under California’s workplace safety laws and makes their employers responsible for following those safety rules. It directs Cal/OSHA to issue industry guidance and, if needed, propose new rules, and expands the state outreach program so community groups must create and pay for health and safety materials and meet regularly with enforcement staff, with administrative costs capped at 5 percent.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law establishes within the Department of Industrial Relations the Division of Labor Standards Enforcement and the Division of Occupational Safety and Health, with duties and powers, as prescribed.
Existing law, the California Occupational Safety and Health Act of 1973, requires employers to comply with certain standards ensuring healthy and safe working conditions, as specified. The act charges the Division of Occupational Safety and Health with enforcement of the act, subject to oversight by the Chief of the Division of Occupational Safety and Health. The act excludes household domestic service from the definition of employment. The act requires the chief, or a representative of the chief, to convene an advisory committee for the purposes of creating voluntary guidance and making recommendations to the department and the Legislature on policies the state may adopt to protect the health and safety of privately funded household domestic service employees, except publicly funded household domestic service and family daycare homes, as specified. The act requires the advisory committee to develop voluntary industry-specific occupational health and safety guidance relating to workplace hazards and the prevention or minimization of work-related injuries and illnesses. The act requires the advisory committee to make recommendations, as specified, on additional policies to protect the health and safety of household domestic service employees. Under specified circumstances, a violation of the act is a crime.
Existing law requires the Division of Labor Standards Enforcement, upon appropriation of funding for this purpose, to establish and maintain an outreach and education program for the purpose of promoting awareness of, and compliance with, labor protections that affect the domestic work industry and fair and dignified labor standards in this industry and other low-wage industries. Existing law requires the Division of Labor Standards Enforcement to issue a competitive request to community-based organizations (CBOs) to provide education and outreach services in this connection and prescribes requirements for these organizations. Existing law makes CBOs responsible for developing and consulting with the Division of Labor Standards Enforcement regarding the core education and outreach materials, as specified. Existing law requires the Division of Labor Standards Enforcement and CBOs to meet at least biannually to coordinate efforts around outreach, education, and enforcement, including sharing information, in accordance with applicable privacy and confidentiality laws, that will shape and inform the overall enforcement strategy of the division regarding low-wage industries, including the domestic work industry. Existing law prohibits the Division of Labor Standards Enforcement from expending more than 5% of the budget allocation on the administration of the program.
This bill would make CBOs responsible for developing and consulting with the Division of Occupational Safety and Health regarding the core education and outreach materials regarding health and safety standards, retaliation, and the divisions workplace safety complaint and retaliation process, including specific issues that affect the domestic work industry differently. The bill would make CBOs responsible for all costs related to the development, printing, advertising, or distribution of the education and outreach materials. The bill would require the chief, representatives of the consultation services and enforcement branches of the Division of Occupational Safety and Health, and CBOs to meet periodically, as specified, to coordinate efforts around outreach, education, and enforcement. The bill would prohibit the Division of Labor Standards Enforcement and the Division of Occupational Safety and Health from expending more than 5% of the budget allocation on the administration of the program.
This bill, for purposes of the California Occupational Safety and Health Act of 1973, commencing January 1, 2025, would narrow the exclusion of household domestic service from the definition of employment to exclude only publicly funded household domestic service and family daycare homes, as specified. The bill would require the Division of Occupational Safety and Health, by January 1, 2025, to adopt industry guidance to assist household domestic service employers on their legal obligations under existing occupational safety and health laws and regulations that apply to the work activity of household domestic service employees. The bill would require the guidance to be consistent with the voluntary industry guidelines established by the advisory committee. The bill would require a household domestic services employer, by January 1, 2025, to comply with, and adhere to, all applicable occupational safety and health regulations. The bill would require the Division of Occupational Safety and Health, if the division determines that additional industry-specific regulations are necessary, to propose those regulations to the standards board for its review, and would require the standards board to adopt regulations by January 1, 2026.
By expanding the application of criminal penalties under the act to household domestic service employers, this bill would impose a state-mandated local program.
The bill would make related legislative findings and declarations.
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 establishes within the Department of Industrial Relations the Division of Labor Standards Enforcement and the Division of Occupational Safety and Health, with duties and powers, as prescribed.
Existing law, the California Occupational Safety and Health Act of 1973, requires employers to comply with certain standards ensuring healthy and safe working conditions, as specified. The act charges the Division of Occupational Safety and Health with enforcement of the act, subject to oversight by the Chief of the Division of Occupational Safety and Health. The act excludes household domestic service from the definition of employment. The act requires the chief, or a representative of the chief, to convene an advisory committee for the purposes of creating voluntary guidance and making recommendations to the department and the Legislature on policies the state may adopt to protect the health and safety of privately funded household domestic service employees, except publicly funded household domestic service and family daycare homes, as specified. The act requires the advisory committee to develop voluntary industry-specific occupational health and safety guidance relating to workplace hazards and the prevention or minimization of work-related injuries and illnesses. The act requires the advisory committee to make recommendations, as specified, on additional policies to protect the health and safety of household domestic service employees. Under specified circumstances, a violation of the act is a crime.
Existing law requires the Division of Labor Standards Enforcement, upon appropriation of funding for this purpose, to establish and maintain an outreach and education program for the purpose of promoting awareness of, and compliance with, labor protections that affect the domestic work industry and fair and dignified labor standards in this industry and other low-wage industries. Existing law requires the Division of Labor Standards Enforcement to issue a competitive request to community-based organizations (CBOs) to provide education and outreach services in this connection and prescribes requirements for these organizations. Existing law makes CBOs responsible for developing and consulting with the Division of Labor Standards Enforcement regarding the core education and outreach materials, as specified. Existing law requires the Division of Labor Standards Enforcement and CBOs to meet at least biannually to coordinate efforts around outreach, education, and enforcement, including sharing information, in accordance with applicable privacy and confidentiality laws, that will shape and inform the overall enforcement strategy of the division regarding low-wage industries, including the domestic work industry. Existing law prohibits the Division of Labor Standards Enforcement from expending more than 5% of the budget allocation on the administration of the program.
This bill would make CBOs responsible for developing and consulting with the Division of Occupational Safety and Health regarding the core education and outreach materials regarding health and safety standards, retaliation, and the divisions workplace safety complaint and retaliation process, including specific issues that affect the domestic work industry differently. The bill would make CBOs responsible for all costs related to the development, printing, advertising, or distribution of the education and outreach materials. The bill, on and after July 1, 2024, bill would require the chief, representatives of the consultation services and enforcement branches of the Division of Occupational Safety and Health, and CBOs to meet periodically, as specified, to coordinate efforts around outreach, education, and enforcement. The bill would prohibit the Division of Labor Standards Enforcement and the Division of Occupational Safety and Health from expending more than 5% of the budget allocation on the administration of the program.
This bill, for purposes of the California Occupational Safety and Health Act of 1973, commencing January 1, 2025, would narrow the exclusion of household domestic service from the definition of employment to exclude only publicly funded household domestic service and family daycare homes, as specified. The bill would require the Division of Occupational Safety and Health, by July 1, 2024, January 1, 2025, to adopt industry guidance to assist household domestic service employers on their legal obligations under existing occupational safety and health laws and regulations that apply to the work activity of household domestic service employees. The bill would require the guidance to be consistent with the voluntary industry guidelines established by the advisory committee. The bill would require a household domestic services employer, by January 1, 2025, to comply with, and adhere to, all applicable occupational safety and health regulations. The bill would require the Division of Occupational Safety and Health, if the division determines that additional industry-specific regulations are necessary, to propose those regulations to the standards board for its review, and would require the standards board to adopt regulations by January 1, 2026.
By expanding the application of criminal penalties under the act to household domestic service employers, this bill would impose a state-mandated local program.
The bill would make related legislative findings and declarations.
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 establishes within the Department of Industrial Relations the Division of Labor Standards Enforcement and the Division of Occupational Safety and Health, with duties and powers, as prescribed.
Existing law, the California Occupational Safety and Health Act of 1973, requires employers to comply with certain standards ensuring healthy and safe working conditions, as specified. The act charges the Division of Occupational Safety and Health with enforcement of the act, subject to oversight by the Chief of the Division of Occupational Safety and Health. The act excludes household domestic service from the definition of employment. The act requires the chief, or a representative of the chief, to convene an advisory committee for the purposes of creating voluntary guidance and making recommendations to the department and the Legislature on policies the state may adopt to protect the health and safety of privately funded household domestic service employees, except publicly funded household domestic service and family daycare homes, as specified. The act requires the advisory committee to develop voluntary industry-specific occupational health and safety guidance relating to workplace hazards and the prevention or minimization of work-related injuries and illnesses. The act requires the advisory committee to make recommendations, as specified, on additional policies to protect the health and safety of household domestic service employees. Under specified circumstances, a violation of the act is a crime.
Existing law, until July 1, 2024, law requires the Division of Labor Standards Enforcement, upon appropriation of funding for this purpose, to establish and maintain an outreach and education program for the purpose of promoting awareness of, and compliance with, labor protections that affect the domestic work industry and fair and dignified labor standards in this industry and other low-wage industries. Existing law requires the Division of Labor Standards Enforcement to issue a competitive request to community-based organizations (CBOs) to provide education and outreach services in this connection and prescribes requirements for these organizations. Existing law makes CBOs responsible for developing and consulting with the Division of Labor Standards Enforcement regarding the core education and outreach materials, as specified. Existing law requires the Division of Labor Standards Enforcement and CBOs to meet at least biannually to coordinate efforts around outreach, education, and enforcement, including sharing information, in accordance with applicable privacy and confidentiality laws, that will shape and inform the overall enforcement strategy of the division regarding low-wage industries, including the domestic work industry. Existing law prohibits the Division of Labor Standards Enforcement from expending more than 5% of the budget allocation on the administration of the program.
This bill would make CBOs responsible for developing and consulting with the Division of Occupational Safety and Health regarding the core education and outreach materials regarding health and safety standards, retaliation, and the divisions workplace safety complaint and retaliation process, including specific issues that affect the domestic work industry differently. The bill would make CBOs responsible for all costs related to the development, printing, advertising, or distribution of the education and outreach materials. The bill, on and after July 1, 2024, would require the chief, representatives of the consultation services and enforcement branches of the Division of Occupational Safety and Health, and CBOs to meet periodically, as specified, to coordinate efforts around outreach, education, and enforcement. The bill would prohibit the Division of Labor Standards Enforcement and the Division of Occupational Safety and Health from expending more than 5% of the budget allocation on the administration of the program. The bill would remove the repeal date, thereby making these provisions operative indefinitely.
This bill, for purposes of the California Occupational Safety and Health Act of 1973, would narrow the exclusion of household domestic service from the definition of employment to exclude only publicly funded household domestic service and family daycare homes, as specified. The bill would require the Division of Occupational Safety and Health, by July 1, 2024, to adopt industry guidance to assist household domestic service employers on their legal obligations under existing occupational safety and health laws and regulations that apply to the work activity of household domestic service employees. The bill would require the guidance to be consistent with the voluntary industry guidelines established by the advisory committee. The bill would require a household domestic services employer, by January 1, 2025, to comply with, and adhere to, all applicable occupational safety and health regulations. The bill would require the Division of Occupational Safety and Health, if the division determines that additional industry-specific regulations are necessary, to propose those regulations to the standards board for its review, and would require the standards board to adopt regulations by January 1, 2026.
The bill would require the Division of Occupational Safety and Health, upon appropriation of funds by the Legislature to the division for the specified purpose, to establish and administer the Household Domestic Services Employment Safety and Technical Assistance Program for the purpose of providing one-time grants and technical assistance to household domestic service employers, as prescribed. The bill would prohibit the Division of Occupational Safety and Health from expending more than 5% of the budget allocation on the administration of the program. The bill would require the program to commence by July 1, 2024, and continue until July 1, 2029, with an opportunity to expand or renew contingent on the additional allocation of state funds or identification of other revenue sources.By expanding the application of criminal penalties under the act to household domestic service employers, this bill would impose a state-mandated local program.
The bill would make related legislative findings and declarations.
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 establishes within the Department of Industrial Relations the Division of Labor Standards Enforcement and the Division of Occupational Safety and Health, with duties and powers, as prescribed.
Existing law, the California Occupational Safety and Health Act of 1973, requires employers to comply with certain standards ensuring healthy and safe working conditions, as specified. The act charges the Division of Occupational Safety and Health with enforcement of the act, subject to oversight by the Chief of the Division of Occupational Safety and Health. The act excludes household domestic service from the definition of employment. The act requires the chief, or a representative of the chief, to convene an advisory committee for the purposes of creating voluntary guidance and making recommendations to the department and the Legislature on policies the state may adopt to protect the health and safety of privately funded household domestic service employees, except publicly funded household domestic service and family daycare homes, as specified. The act requires the advisory committee to develop voluntary industry-specific occupational health and safety guidance relating to workplace hazards and the prevention or minimization of work-related injuries and illnesses. The act requires the advisory committee to make recommendations, as specified, on additional policies to protect the health and safety of household domestic service employees. Under specified circumstances, a violation of the act is a crime.
Existing law, until July 1, 2024, requires the Division of Labor Standards Enforcement, upon appropriation of funding for this purpose, to establish and maintain an outreach and education program for the purpose of promoting awareness of, and compliance with, labor protections that affect the domestic work industry and fair and dignified labor standards in this industry and other low-wage industries. Existing law requires the Division of Labor Standards Enforcement to issue a competitive request to community-based organizations (CBOs) to provide education and outreach services in this connection and prescribes requirements for these organizations. Existing law makes CBOs responsible for developing and consulting with the Division of Labor Standards Enforcement regarding the core education and outreach materials, as specified. Existing law requires the Division of Labor Standards Enforcement and CBOs to meet at least biannually to coordinate efforts around outreach, education, and enforcement, including sharing information, in accordance with applicable privacy and confidentiality laws, that will shape and inform the overall enforcement strategy of the division regarding low-wage industries, including the domestic work industry. Existing law prohibits the Division of Labor Standards Enforcement from expending more than 5% of the budget allocation on the administration of the program.
This bill would make CBOs responsible for developing and consulting with the Division of Occupational Safety and Health regarding the core education and outreach materials regarding health and safety standards, retaliation, and the divisions workplace safety complaint and retaliation process, including specific issues that affect the domestic work industry differently. The bill would make CBOs responsible for all costs related to the development, printing, advertising, or distribution of the education and outreach materials. The bill, on and after July 1, 2024, would require the chief, representatives of the consultation services and enforcement branches of the Division of Occupational Safety and Health, and CBOs to meet periodically, as specified, to coordinate efforts around outreach, education, and enforcement. The bill would prohibit the Division of Labor Standards Enforcement and the Division of Occupational Safety and Health from expending more than 5% of the budget allocation on the administration of the program. The bill would remove the repeal date, thereby making these provisions operative indefinitely.
This bill, for purposes of the California Occupational Safety and Health Act of 1973, would narrow the exclusion of household domestic service from the definition of employment to exclude only publicly funded household domestic service and family daycare homes, as specified. The bill would require the Division of Occupational Safety and Health, by July 1, 2024, to adopt industry guidance to assist household domestic service employers on their legal obligations under existing occupational safety and health laws and regulations that apply to the work activity of household domestic service employees. The bill would require the guidance to be consistent with the voluntary industry guidelines established by the advisory committee. The bill would require a household domestic services employer, by January 1, 2025, to comply with, and adhere to, all applicable occupational safety and health regulations. The bill would require the Division of Occupational Safety and Health, if the division determines that additional industry-specific regulations are necessary, to propose those regulations to the standards board for its review, and would require the standards board to adopt regulations by January 1, 2026.
The bill would require the Division of Occupational Safety and Health, upon appropriation of funds by the Legislature to the division for the specified purpose, to establish and administer the Household Domestic Services Employment Safety and Technical Assistance Program for the purpose of providing one-time grants and technical assistance to household domestic service employers, as prescribed. The bill would prohibit the Division of Occupational Safety and Health from expending more than 5% of the budget allocation on the administration of the program. The bill would require the program to commence by July 1, 2024, and continue until July 1, 2029, with an opportunity to expand or renew contingent on the additional allocation of state funds or identification of other revenue sources.
By expanding the application of criminal penalties under the act to household domestic service employers, this bill would impose a state-mandated local program.
The bill would make related legislative findings and declarations.
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.
The Legislature finds and declares all of the following:
(a)As recognized by Part 1 (commencing with Section 6300) of Division 5 of the Labor Code, it is the policy of the State of California to ensure that every place of employment is safe and healthful for the employees therein.
(b)Domestic work has become a core part of Californians lives. 2,000,000 households in California rely on domestic workers to provide care for children, housecleaning, and support for seniors and people with disabilities. The vast majority of domestic workers are women of color and immigrants and are particularly vulnerable to unsafe or unhealthy working conditions.
(c)Domestic workers health and safety have been put at severe risk during the recent disasters that have struck California. Domestic workers acted as frontline workers during the COVID-19 global pandemic. One year into the pandemic, domestic workers were three times more likely to have contracted COVID-19 than the general population in California.
(d)Climate-accelerated disasters have magnified the vulnerability and dangers that domestic workers and day laborers face on a daily basis because they are excluded from Californias occupational health and safety protections. The growing frequency and intensity of wildfires and other natural disasters requires that legislators take immediate legislative action to protect the health and safety of these workers.
(e)A June, 2020, report from the University of California, Los Angeles, Labor Occupational Safety and Health Program found that 85 percent of domestic workers surveyed experience musculoskeletal injuries that are associated with chronic pain. Many respondents, 94 percent of whom were Latinx and Asian, reported continuing to work through their injuries for fear of job or financial loss. Those injuries could be prevented by appropriate health and safety guidance and subsequent enforcement.
(f)Because domestic workers care for the most important elements of their employers lives, families, and homes, it is in the interest of employees, employers, and the people of the State of California to ensure that the health and safety of domestic workers are protected.
(g)On September 27, 2021, Governor Gavin Newsom signed into law Senate Bill 321 (Durazo, Chapter 332 of the Statutes of 2021), creating an advisory committee composed of members of the public and experts to discuss and develop recommendations, ensuring the health and safety of domestic workers in the home setting.
(h)The purpose of the advisory committee is to provide policy recommendations to the Department of Industrial Relations and the Legislature on policies the state may adopt to protect the health and safety of privately funded household domestic service employees, along with drafting voluntary industry-specific guidelines for the purpose of educating household domestic service employers and workers.
(i)In January of 2023, the advisory committee published recommendations based on discussions at advisory committee meetings, review of literature, review of existing policies, and input from experts in the field, workers, employers, and the public.
(j)As part of these recommendations, the advisory committee recommends that the Legislature remove the household domestic services exclusion from the definition of employment in Part 1 (commencing with Section 6300) of Division 5 of the Labor Code.
(k)Accordingly, it is the intent of the Legislature, upon recommendation by the advisory committee, to establish legal responsibilities and methods for promoting compliance by employers for the protection of the health and safety of domestic workers and day laborers by removing the household domestic services exclusion from the California Labor Code.
(l)Further, the advisory committee recommends partnering with trusted community organizations on enforcement and educational efforts through an expansion of the existing Domestic Worker and Employer Outreach and Education Program (DWEOP).
(m)Given the unique structure of the industry and the barriers to rights enforcement and access to information experienced by both domestic work employees and employers, DWEOP has proven to be a successful model for outreach and education.
(n)Since the creation of DWEOP, over 60 different domestic worker rights and employer responsibilities materials have been created in the industrys most common languages. Over the course of two years, over 127,000 outreach contacts with workers and nearly 15,000 outreach contacts with employers were made. More than 280 trainings were conducted in just 18 months and more than 8,400 workers received training on core worker rights topics, as well as information about how to assert and defend those rights at the workplace.
(o)DWEOP has also proven successful in educating employers of their legal responsibilities. Over 22 trainings have been conducted by trusted employer partners, with specialized workshops for home attendant, nanny, and housecleaner employers.
(p)Across the state, more than 580 individual consultations were conducted with workers who had concerns about their workplace conditions; with nearly one-third reporting wage theft, one-third specifically reporting sick leave, rest break, or overtime violations, and many others reporting health and safety, workers compensation, and harassment issues. So far, the project team has resolved nearly 50 cases, resulting in more than $236,000 in owed wages recuperated back into the hands of workers.
(q)DWEOP has worked together with the office of the Labor Commissioner to host a community forum that provided a deeper understanding of the domestic work industry for office of the Labor Commissioner staff.
(r)DWEOP also convened dozens of legal advocates to learn from domestic worker leaders and organizers about the history and trends of the domestic work industry and to uplift lessons and current models for collaborations between legal advocates and community-based organizations.
(s)Accordingly, it is the intent of the Legislature, upon recommendation by the advisory committee, to expand DWEOP as it exists to include health and safety outreach and education.
(t)Additionally, the advisory committee recommends supporting employers to be able to provide healthy and safe conditions by establishing a financial assistance program for low-resourced employers and providing educational resources and technical assistance for employers to facilitate compliance.
SEC. 2.Section 1455 of the Labor Code is amended to read:1455.(a)(1)The Division of Labor Standards Enforcement, upon appropriation of funds to the division for purposes of this section, shall establish and maintain an outreach and education program. The purpose of the program shall be to promote awareness of, and compliance with, labor protections that affect the domestic work industry and to promote fair and dignified labor standards in this industry and other low-wage industries.
(2)As used in this section, CBO means a community-based organization.
(b)The program duration shall continue with an opportunity to expand or renew contingent on allocation of state funds or identification of other revenue sources.
(c)The Division of Labor Standards Enforcement shall issue a competitive request to CBOs to provide education and outreach services primarily focused on, but not limited to, domestic work employees and employers. CBOs shall have demonstrated experience in carrying out outreach and education directed at these populations, including knowledge of, and demonstrated familiarity with, issues facing the domestic work industry.
(d)CBOs shall be responsible for developing, and consulting with the Division of Labor Standards Enforcement regarding, the core education and outreach materials regarding minimum wage, overtime, sick leave, recordkeeping, retaliation, and the division wage adjudication and retaliation process, including specific issues that affect certain industries, such as the domestic work industry, differently. CBOs shall be responsible for all costs related to the development, printing, advertising, or distribution of the education and outreach materials. The materials shall be translated into non-English languages as may be appropriate, as determined by the applicable CBO in consultation with the Division of Labor Standards Enforcement. At the discretion of the Division of Labor Standards Enforcement, the Division of Labor Standards Enforcement shall have final approval over the education and outreach materials.
(e)The Division of Labor Standards Enforcement and CBOs shall meet biannually, or more frequently at the discretion of the division, to coordinate efforts around outreach, education, and enforcement, including sharing information, in accordance with applicable privacy and confidentiality laws, that will shape and inform the overall enforcement, education, and outreach strategies of the division regarding the domestic work industry.
(f)CBOs shall be responsible for developing and consulting with the Division of Occupational Safety and Health regarding the core education and outreach materials regarding health and safety standards, retaliation, and the divisions workplace safety complaint and retaliation process, including specific issues that affect the domestic work industry differently. CBOs shall be responsible for all costs related to the development, printing, advertising, or distribution of the education and outreach materials. The materials shall be translated into non-English languages as may be appropriate, as determined by the applicable CBO in consultation with the Division of Occupational Safety and Health.
(g)The Chief of the Division of Occupational Safety and Health, representatives of the consultation services and enforcement branches of the Division of Occupational Safety and Health, and CBOs shall meet quarterly, or more frequently at the discretion of the Division of Occupational Safety and Health, to coordinate efforts around outreach, education, and enforcement, including sharing information, in accordance with applicable privacy and confidentiality laws, that will shape and inform the overall enforcement, education, and outreach strategies of the Division of Occupational Safety and Health regarding the domestic work industry.
(h)The Division of Labor Standards Enforcement and the Division of Occupational Safety and Health shall not expend more than 5 percent of the budget allocation on the administration of the program.
SEC. 3.Section 6303 of the Labor Code is amended to read:6303.(a)Place of employment means any place, and the premises appurtenant thereto, where employment is carried on, except a place where the health and safety jurisdiction is vested by law in, and actively exercised by, any state or federal agency other than the division.
(b)(1)(A)Employment includes the carrying on of any trade, enterprise, project, industry, business, occupation, or work, including all excavation, demolition, and construction work, or any process or operation in any way related thereto, in which any person is engaged or permitted to work for hire, except household domestic service.
(B)This paragraph shall become inoperative on January 1, 2025.
(2)(A)Employment, except as provided in subparagraph (B), includes the carrying on of any trade, enterprise, project, industry, business, occupation, or work, including all excavation, demolition, and construction work, or any process or operation in any way related thereto, in which any person is engaged or permitted to work for hire.
(B)Employment does not include either of the following:
(i)Household domestic service that is publicly funded, including publicly funded household domestic service provided to a recipient, client, or beneficiary with a share of cost in that service, unless subject to Section 3342 or 5199 of Title 8 of the California Code of Regulations.
(ii)Family daycare homes, as defined in subdivision (a) of Section 1596.78 of the Health and Safety Code and subdivisions (d) and (f) of Section 1596.792 of the Health and Safety Code.
(C)This paragraph shall become operative on January 1, 2025.
(c)Employment, for purposes of this division only, also includes volunteer firefighting when covered by Division 4 (commencing with Section 3200) pursuant to Section 3361.
(d)Subdivision (c) shall become operative on January 1, 2004.
SEC. 4.Section 6714 is added to the Labor Code, to read:6714.(a)By January 1, 2025, the division shall adopt industry guidance to assist household domestic service employers on their legal obligations under existing occupational safety and health laws and regulations that apply to the work activity of household domestic service employees. The guidance shall be consistent with the voluntary industry guidelines established by the Household Domestic Services Employment Safety Committee convened pursuant to Section 6305.1.
(b)By January 1, 2025, a household domestic services employer shall comply with, and adhere to, all applicable occupational safety and health regulations.
(c)If the division determines that additional industry-specific regulations are necessary, the division shall propose those regulations to the standards board for its review and the standards board shall adopt regulations by January 1, 2026.
SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
The Legislature finds and declares all of the following:
(a)As recognized by Part 1 (commencing with Section 6300) of Division 5 of the Labor Code, it is the policy of the State of California to ensure that every place of employment is safe and healthful for the employees therein.
(b)Domestic work has become a core part of Californians lives. 2,000,000 households in California rely on domestic workers to provide care for children, housecleaning, and support for seniors and people with disabilities. The vast majority of domestic workers are women of color and immigrants and are particularly vulnerable to unsafe or unhealthy working conditions.
(c)Domestic workers health and safety have been put at severe risk during the recent disasters that have struck California. Domestic workers acted as frontline workers during the COVID-19 global pandemic. One year into the pandemic, domestic workers were three times more likely to have contracted COVID-19 than the general population in California.
(d)Climate-accelerated disasters have magnified the vulnerability and dangers that domestic workers and day laborers face on a daily basis because they are excluded from Californias occupational health and safety protections. The growing frequency and intensity of wildfires and other natural disasters requires that legislators take immediate legislative action to protect the health and safety of these workers.
(e)A June, 2020, report from the University of California, Los Angeles, Labor Occupational Safety and Health Program found that 85 percent of domestic workers surveyed experience musculoskeletal injuries that are associated with chronic pain. Many respondents, 94 percent of whom were Latinx and Asian, reported continuing to work through their injuries for fear of job or financial loss. Those injuries could be prevented by appropriate health and safety guidance and subsequent enforcement.
(f)Because domestic workers care for the most important elements of their employers lives, families, and homes, it is in the interest of employees, employers, and the people of the State of California to ensure that the health and safety of domestic workers are protected.
(g)On September 27, 2021, Governor Gavin Newsom signed into law Senate Bill 321 (Durazo, Chapter 332 of the Statutes of 2021), creating an advisory committee composed of members of the public and experts to discuss and develop recommendations, ensuring the health and safety of domestic workers in the home setting.
(h)The purpose of the advisory committee is to provide policy recommendations to the Department of Industrial Relations and the Legislature on policies the state may adopt to protect the health and safety of privately funded household domestic service employees, along with drafting voluntary industry-specific guidelines for the purpose of educating household domestic service employers and workers.
(i)In January of 2023, the advisory committee published recommendations based on discussions at advisory committee meetings, review of literature, review of existing policies, and input from experts in the field, workers, employers, and the public.
(j)As part of these recommendations, the advisory committee recommends that the Legislature remove the household domestic services exclusion from the definition of employment in Part 1 (commencing with Section 6300) of Division 5 of the Labor Code.
(k)Accordingly, it is the intent of the Legislature, upon recommendation by the advisory committee, to establish legal responsibilities and methods for promoting compliance by employers for the protection of the health and safety of domestic workers and day laborers by removing the household domestic services exclusion from the California Labor Code.
(l)Further, the advisory committee recommends partnering with trusted community organizations on enforcement and educational efforts through an expansion of the existing Domestic Worker and Employer Outreach and Education Program (DWEOP).
(m)Given the unique structure of the industry and the barriers to rights enforcement and access to information experienced by both domestic work employees and employers, DWEOP has proven to be a successful model for outreach and education.
(n)Since the creation of DWEOP, over 60 different domestic worker rights and employer responsibilities materials have been created in the industrys most common languages. Over the course of two years, over 127,000 outreach contacts with workers and nearly 15,000 outreach contacts with employers were made. More than 280 trainings were conducted in just 18 months and more than 8,400 workers received training on core worker rights topics, as well as information about how to assert and defend those rights at the workplace.
(o)DWEOP has also proven successful in educating employers of their legal responsibilities. Over 22 trainings have been conducted by trusted employer partners, with specialized workshops for home attendant, nanny, and housecleaner employers.
(p)Across the state, more than 580 individual consultations were conducted with workers who had concerns about their workplace conditions; with nearly one-third reporting wage theft, one-third specifically reporting sick leave, rest break, or overtime violations, and many others reporting health and safety, workers compensation, and harassment issues. So far, the project team has resolved nearly 50 cases, resulting in more than $236,000 in owed wages recuperated back into the hands of workers.
(q)DWEOP has worked together with the office of the Labor Commissioner to host a community forum that provided a deeper understanding of the domestic work industry for office of the Labor Commissioner staff.
(r)DWEOP also convened dozens of legal advocates to learn from domestic worker leaders and organizers about the history and trends of the domestic work industry and to uplift lessons and current models for collaborations between legal advocates and community-based organizations.
(s)Accordingly, it is the intent of the Legislature, upon recommendation by the advisory committee, to expand DWEOP as it exists to include health and safety outreach and education.
(t)Additionally, the advisory committee recommends supporting employers to be able to provide healthy and safe conditions by establishing a financial assistance program for low-resourced employers and providing educational resources and technical assistance for employers to facilitate compliance.
(u)Accordingly, it is the intent of the Legislature, upon recommendation by the advisory committee, to establish a Household Domestic Services Employment Safety Financial and Technical Assistance Program for the purpose of providing one-time grants and technical assistance to household domestic service employers.SEC. 2.Section 1455 of the Labor Code is amended to read:1455.(a)(1)The Division of Labor Standards Enforcement, upon appropriation of funds to the division for purposes of this section, shall establish and maintain an outreach and education program. The purpose of the program shall be to promote awareness of, and compliance with, labor protections that affect the domestic work industry and to promote fair and dignified labor standards in this industry and other low-wage industries.
(2)As used in this section, CBO means a community-based organization.
(b)The program duration shall continue with an opportunity to expand or renew contingent on allocation of state funds or identification of other revenue sources.
(c)The Division of Labor Standards Enforcement shall issue a competitive request to CBOs to provide education and outreach services primarily focused on, but not limited to, domestic work employees and employers. CBOs shall have demonstrated experience in carrying out outreach and education directed at these populations, including knowledge of, and demonstrated familiarity with, issues facing the domestic work industry.
(d)CBOs shall be responsible for developing, and consulting with the Division of Labor Standards Enforcement regarding, the core education and outreach materials regarding minimum wage, overtime, sick leave, recordkeeping, retaliation, and the division wage adjudication and retaliation process, including specific issues that affect certain industries, such as the domestic work industry, differently. CBOs shall be responsible for all costs related to the development, printing, advertising, or distribution of the education and outreach materials. The materials shall be translated into non-English languages as may be appropriate, as determined by the applicable CBO in consultation with the Division of Labor Standards Enforcement. At the discretion of the Division of Labor Standards Enforcement, the Division of Labor Standards Enforcement shall have final approval over the education and outreach materials.
(e)The Division of Labor Standards Enforcement and CBOs shall meet biannually, or more frequently at the discretion of the division, to coordinate efforts around outreach, education, and enforcement, including sharing information, in accordance with applicable privacy and confidentiality laws, that will shape and inform the overall enforcement, education, and outreach strategies of the division regarding the domestic work industry.
(f)CBOs shall be responsible for developing and consulting with the Division of Occupational Safety and Health regarding the core education and outreach materials regarding health and safety standards, retaliation, and the divisions workplace safety complaint and retaliation process, including specific issues that affect the domestic work industry differently. CBOs shall be responsible for all costs related to the development, printing, advertising, or distribution of the education and outreach materials. The materials shall be translated into non-English languages as may be appropriate, as determined by the applicable CBO in consultation with the Division of Occupational Safety and Health.
(g)On and after July 1, 2024, the The Chief of the Division of Occupational Safety and Health, representatives of the consultation services and enforcement branches of the Division of Occupational Safety and Health, and CBOs shall meet quarterly, or more frequently at the discretion of the Division of Occupational Safety and Health, to coordinate efforts around outreach, education, and enforcement, including sharing information, in accordance with applicable privacy and confidentiality laws, that will shape and inform the overall enforcement, education, and outreach strategies of the Division of Occupational Safety and Health regarding the domestic work industry.
(h)The Division of Labor Standards Enforcement and the Division of Occupational Safety and Health shall not expend more than 5 percent of the budget allocation on the administration of the program.
SEC. 3.Section 6303 of the Labor Code is amended to read:6303.(a)Place of employment means any place, and the premises appurtenant thereto, where employment is carried on, except a place where the health and safety jurisdiction is vested by law in, and actively exercised by, any state or federal agency other than the division.
(b)(1)(A)Employment includes the carrying on of any trade, enterprise, project, industry, business, occupation, or work, including all excavation, demolition, and construction work, or any process or operation in any way related thereto, in which any person is engaged or permitted to work for hire, except household domestic service.
(B)This paragraph shall become inoperative on January 1, 2025.
(b)(1)(2)(A)Employment, except as provided in paragraph (2), subparagraph (B), includes the carrying on of any trade, enterprise, project, industry, business, occupation, or work, including all excavation, demolition, and construction work, or any process or operation in any way related thereto, in which any person is engaged or permitted to work for hire.
(2)(B)Employment does not include either of the following:
(A)(i)Household domestic service that is publicly funded, including publicly funded household domestic service provided to a recipient, client, or beneficiary with a share of cost in that service, unless subject to Section 3342 or 5199 of Title 8 of the California Code of Regulations.
(B)(ii)Family daycare homes, as defined in subdivision (a) of Section 1596.78 of the Health and Safety Code and subdivisions (d) and (f) of Section 1596.792 of the Health and Safety Code.
(C)This paragraph shall become operative on January 1, 2025.
(c)Employment, for purposes of this division only, also includes volunteer firefighting when covered by Division 4 (commencing with Section 3200) pursuant to Section 3361.
(d)Subdivision (c) shall become operative on January 1, 2004.
SEC. 4.Section 6714 is added to the Labor Code, to read:6714.(a)By July 1, 2024, January 1, 2025, the division shall adopt industry guidance to assist household domestic service employers on their legal obligations under existing occupational safety and health laws and regulations that apply to the work activity of household domestic service employees. The guidance shall be consistent with the voluntary industry guidelines established by the Household Domestic Services Employment Safety Committee convened pursuant to Section 6305.1.
(b)By January 1, 2025, a household domestic services employer shall comply with, and adhere to, all applicable occupational safety and health regulations.
(c)If the division determines that additional industry-specific regulations are necessary, the division shall propose those regulations to the standards board for its review and the standards board shall adopt regulations by January 1, 2026.
SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
The Legislature finds and declares all of the following:
(a)As recognized by Part 1 (commencing with Section 6300) of Division 5 of the Labor Code, it is the policy of the State of California to ensure that every place of employment is safe and healthful for the employees therein.
(b)Domestic work has become a core part of Californians lives. 2,000,000 households in California rely on domestic workers to provide care for children, housecleaning, and support for seniors and people with disabilities. The vast majority of domestic workers are women of color and immigrants and are particularly vulnerable to unsafe or unhealthy working conditions.
(c)Domestic workers health and safety have been put at severe risk during the recent disasters that have struck California. Domestic workers acted as frontline workers during the COVID-19 global pandemic. One year into the pandemic, domestic workers were three times more likely to have contracted COVID-19 than the general population in California.
(d)Climate-accelerated disasters have magnified the vulnerability and dangers that domestic workers and day laborers face on a daily basis because they are excluded from Californias occupational health and safety protections. The growing frequency and intensity of wildfires and other natural disasters requires that legislators take immediate legislative action to protect the health and safety of these workers.
(e)A June, 2020, report from the University of California, Los Angeles, Labor Occupational Safety and Health Program found that 85 percent of domestic workers surveyed experience musculoskeletal injuries that are associated with chronic pain. Many respondents, 94 percent of whom were Latinx and Asian, reported continuing to work through their injuries for fear of job or financial loss. Those injuries could be prevented by appropriate health and safety guidance and subsequent enforcement.
(f)Because domestic workers care for the most important elements of their employers lives, families, and homes, it is in the interest of employees, employers, and the people of the State of California to ensure that the health and safety of domestic workers are protected.
(g)On September 27, 2021, Governor Gavin Newsom signed into law Senate Bill 321 (Durazo, Chapter 332 of the Statutes of 2021), creating an advisory committee composed of members of the public and experts to discuss and develop recommendations, ensuring the health and safety of domestic workers in the home setting.
(h)The purpose of the advisory committee is to provide policy recommendations to the Department of Industrial Relations and the Legislature on policies the state may adopt to protect the health and safety of privately funded household domestic service employees, along with drafting voluntary industry-specific guidelines for the purpose of educating household domestic service employers and workers.
(i)In January of 2023, the advisory committee published recommendations based on discussions at advisory committee meetings, review of literature, review of existing policies, and input from experts in the field, workers, employers, and the public.
(j)As part of these recommendations, the advisory committee recommends that the Legislature remove the household domestic services exclusion from the definition of employment in Part 1 (commencing with Section 6300) of Division 5 of the Labor Code.
(k)Accordingly, it is the intent of the Legislature, upon recommendation by the advisory committee, to establish legal responsibilities and methods for promoting compliance by employers for the protection of the health and safety of domestic workers and day laborers by removing the household domestic services exclusion from the California Labor Code.
(l)Further, the advisory committee recommends partnering with trusted community organizations on enforcement and educational efforts through an expansion of the existing Domestic Worker and Employer Outreach and Education Program (DWEOP).
(m)Given the unique structure of the industry and the barriers to rights enforcement and access to information experienced by both domestic work employees and employers, DWEOP has proven to be a successful model for outreach and education.
(n)Since the creation of DWEOP, over 60 different domestic worker rights and employer responsibilities materials have been created in the industrys most common languages. Over the course of two years, over 127,000 outreach contacts with workers and nearly 15,000 outreach contacts with employers were made. More than 280 trainings were conducted in just 18 months and more than 8,400 workers received training on core worker rights topics, as well as information about how to assert and defend those rights at the workplace.
(o)DWEOP has also proven successful in educating employers of their legal responsibilities. Over 22 trainings have been conducted by trusted employer partners, with specialized workshops for home attendant, nanny, and housecleaner employers.
(p)Across the state, more than 580 individual consultations were conducted with workers who had concerns about their workplace conditions; with nearly one-third reporting wage theft, one-third specifically reporting sick leave, rest break, or overtime violations, and many others reporting health and safety, workers compensation, and harassment issues. So far, the project team has resolved nearly 50 cases, resulting in more than $236,000 in owed wages recuperated back into the hands of workers.
(q)DWEOP has worked together with the office of the Labor Commissioner to host a community forum that provided a deeper understanding of the domestic work industry for office of the Labor Commissioner staff.
(r)DWEOP also convened dozens of legal advocates to learn from domestic worker leaders and organizers about the history and trends of the domestic work industry and to uplift lessons and current models for collaborations between legal advocates and community-based organizations.
(s)Accordingly, it is the intent of the Legislature, upon recommendation by the advisory committee, to expand DWEOP as it exists to include health and safety outreach and education.
(t)Additionally, the advisory committee recommends supporting employers to be able to provide healthy and safe conditions by establishing a financial assistance program for low-resourced employers and providing educational resources and technical assistance for employers to facilitate compliance.
(u)Accordingly, it is the intent of the Legislature, upon recommendation by the advisory committee, to establish a Household Domestic Services Employment Safety Financial and Technical Assistance Program for the purpose of providing one-time grants and technical assistance to household domestic service employers.
SEC. 2.Section 1455 of the Labor Code is amended to read:1455.(a)(1)The Division of Labor Standards Enforcement, upon appropriation of funds to the division for purposes of this section, shall establish and maintain an outreach and education program. The purpose of the program shall be to promote awareness of, and compliance with, labor protections that affect the domestic work industry and to promote fair and dignified labor standards in this industry and other low-wage industries.(2)As used in this section, CBO means a community-based organization.(b)The program duration shall continue with an opportunity to expand or renew contingent on allocation of state funds or identification of other revenue sources.(c)The Division of Labor Standards Enforcement shall issue a competitive request to CBOs to provide education and outreach services primarily focused on, but not limited to, domestic work employees and employers. CBOs shall have demonstrated experience in carrying out outreach and education directed at these populations, including knowledge of, and demonstrated familiarity with, issues facing the domestic work industry.(d)CBOs shall be responsible for developing, and consulting with the Division of Labor Standards Enforcement regarding, the core education and outreach materials regarding minimum wage, overtime, sick leave, recordkeeping retaliation, and the division wage adjudication and retaliation process, including specific issues that affect certain industries, such as the domestic work industry, differently. CBOs shall be responsible for all costs related to the development, printing, advertising, or distribution of the education and outreach materials. The materials shall be translated into non-English languages as may be appropriate, as determined by the applicable CBO in consultation with the Division of Labor Standards Enforcement. At the discretion of the Division of Labor Standards Enforcement, the Division of Labor Standards Enforcement shall have final approval over the education and outreach materials.(e)The Division of Labor Standards Enforcement and CBOs shall meet biannually, or more frequently at the discretion of the division, to coordinate efforts around outreach, education, and enforcement, including sharing information, in accordance with applicable privacy and confidentiality laws, that will shape and inform the overall enforcement, education, and outreach strategies of the division regarding the domestic work industry.(f)CBOs shall be responsible for developing and consulting with the Division of Occupational Safety and Health regarding the core education and outreach materials regarding health and safety standards, retaliation, and the divisions workplace safety complaint and retaliation process, including specific issues that affect the domestic work industry differently. CBOs shall be responsible for all costs related to the development, printing, advertising, or distribution of the education and outreach materials. The materials shall be translated into non-English languages as may be appropriate, as determined by the applicable CBO in consultation with the Division of Occupational Safety and Health.(g)On and after July 1, 2024, the Chief of the Division of Occupational Safety and Health, representatives of the consultation services and enforcement branches of the Division of Occupational Safety and Health, and CBOs shall meet quarterly, or more frequently at the discretion of the Division of Occupational Safety and Health, to coordinate efforts around outreach, education, and enforcement, including sharing information, in accordance with applicable privacy and confidentiality laws, that will shape and inform the overall enforcement, education, and outreach strategies of the Division of Occupational Safety and Health regarding the domestic work industry. (h)The Division of Labor Standards Enforcement and the Division of Occupational Safety and Health shall not expend more than 5 percent of the budget allocation on the administration of the program.SEC. 2.Section 1455 of the Labor Code is amended to read:1455.(a)(1)The Division of Labor Standards Enforcement, upon appropriation of funds to the division for purposes of this section, shall establish and maintain an outreach and education program. The purpose of the program shall be to promote awareness of, and compliance with, labor protections that affect the domestic work industry and to promote fair and dignified labor standards in this industry and other low-wage industries.
(2)For purposes of this section:(A)CBO means community-based organization.(B)Division means the Division of Labor Standards Enforcement.(2)As used in this section, CBO means a community-based organization.
(b)The program duration shall continue with an opportunity to expand or renew contingent on allocation of state funds or identification of other revenue sources.
(c)The division Division of Labor Standards Enforcement shall issue a competitive request to CBOs to provide education and outreach services primarily focused on, but not limited to, domestic work employees and employers. CBOs shall have demonstrated experience in carrying out outreach and education directed at these populations, including knowledge of, and demonstrated familiarity with, issues facing the domestic work industry.
(d)CBOs shall be responsible for developing, and consulting with the division Division of Labor Standards Enforcement regarding, the core education and outreach materials regarding minimum wage, overtime, sick leave, record-keeping, recordkeeping, retaliation, and the division wage adjudication and retaliation process, including specific issues that affect certain industries, such as the domestic work industry, differently. CBOs shall be responsible for all costs related to the development, printing, advertising, or distribution of the education and outreach materials. The materials shall be translated into non-English languages as may be appropriate, as determined by the applicable CBO in consultation with the division. Division of Labor Standards Enforcement. At the discretion of the division, Division of Labor Standards Enforcement, the division Division of Labor Standards Enforcement shall have final approval over the education and outreach materials.
(e)The division Division of Labor Standards Enforcement and CBOs shall meet biannually, or more frequently at the discretion of the division, to coordinate efforts around outreach, education, and enforcement, including sharing information, in accordance with applicable privacy and confidentiality laws, that will shape and inform the overall enforcement strategy enforcement, education, and outreach strategies of the division regarding low-wage industries, including the domestic work industry.
(f)CBOs shall be responsible for developing and consulting with the Division of Occupational Safety and Health regarding the core education and outreach materials regarding health and safety standards, retaliation, and the divisions workplace safety complaint and retaliation process, including specific issues that affect the domestic work industry differently. CBOs shall be responsible for all costs related to the development, printing, advertising, or distribution of the education and outreach materials. The materials shall be translated into non-English languages as may be appropriate, as determined by the applicable CBO in consultation with the Division of Occupational Safety and Health.
(g)On and after July 1, 2024, the Chief of the Division of Occupational Safety and Health, representatives of the consultation services and enforcement branches of the Division of Occupational Safety and Health, and CBOs shall meet quarterly, or more frequently at the discretion of the Division of Occupational Safety and Health, to coordinate efforts around outreach, education, and enforcement, including sharing information, in accordance with applicable privacy and confidentiality laws, that will shape and inform the overall enforcement, education, and outreach strategies of the Division of Occupational Safety and Health regarding the domestic work industry.
(f)(h)The division Division of Labor Standards Enforcement and the Division of Occupational Safety and Health shall not expend more than 5 percent of the budget allocation on the administration of the program.
SEC. 3.Section 6303 of the Labor Code is amended to read:6303.(a)Place of employment means any place, and the premises appurtenant thereto, where employment is carried on, except a place where the health and safety jurisdiction is vested by law in, and actively exercised by, any state or federal agency other than the division.
(b)(1)Employment, except as provided in paragraph (2), includes the carrying on of any trade, enterprise, project, industry, business, occupation, or work, including all excavation, demolition, and construction work, or any process or operation in any way related thereto, in which any person is engaged or permitted to work for hire.
(2)Employment does not include either of the following:
(A)Household domestic service that is publicly funded, including publicly funded household domestic service provided to a recipient, client, or beneficiary with a share of cost in that service, unless subject to Section 3342 or 5199 of Title 8 of the California Code of Regulations.
(B)Family daycare homes, as defined in subdivision (a) of Section 1596.78 of the Health and Safety Code and subdivisions (d) and (f) of Section 1596.792 of the Health and Safety Code.
(c)Employment, for purposes of this division only, also includes volunteer firefighting when covered by Division 4 (commencing with Section 3200) pursuant to Section 3361.
(d)Subdivision (c) shall become operative on January 1, 2004.
SEC. 4.Section 6714 is added to the Labor Code, to read:6714.(a)By July 1, 2024, the division shall adopt industry guidance to assist household domestic service employers on their legal obligations under existing occupational safety and health laws and regulations that apply to the work activity of household domestic service employees. The guidance shall be consistent with the voluntary industry guidelines established by the Household Domestic Services Employment Safety Committee convened pursuant to Section 6305.1.
(b)By January 1, 2025, a household domestic services employer shall comply with, and adhere to, all applicable occupational safety and health regulations.
(c)If the division determines that additional industry-specific regulations are necessary, the division shall propose those regulations to the standards board for its review and the standards board shall adopt regulations by January 1, 2026.
SEC. 5.Section 6714.1 is added to the Labor Code, to read:6714.1.(a)The division, upon appropriation of funds by the Legislature to the division for purposes of this section, shall establish and administer the Household Domestic Services Employment Safety and Technical Assistance Program for the purpose of providing one-time grants and technical assistance to household domestic service employers.(b)Financial assistance under this program shall be available to household domestic service employers that have demonstrated financial hardship in ensuring a safe working environment for household domestic service employees. The funds shall be used for tools, supplies, equipment, or physical alteration of the home to promote and protect the health and safety of household domestic service employees.(c)Technical assistance may be provided directly by division staff or through a contracted community-based organization.(d)The division shall not expend more than 5 percent of the budget allocation on the administration of the program.(e)The program shall commence by July 1, 2024, and continue until July 1, 2029, with an opportunity to expand or renew contingent on the additional allocation of state funds or identification of other revenue sources.(f)As used in this section, program means the Household Domestic Services Employment Safety and Technical Assistance Program established pursuant to subdivision (a).SEC. 6.SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
The Legislature finds and declares all of the following:
(a)As recognized by Part 1 (commencing with Section 6300) of Division 5 of the Labor Code, it is the policy of the State of California to ensure that every place of employment is safe and healthful for the employees therein.
(b)Domestic work has become a core part of Californians lives. 2,000,000 households in California rely on domestic workers to provide care for children, housecleaning, and support for seniors and people with disabilities. The vast majority of domestic workers are women of color and immigrants and are particularly vulnerable to unsafe or unhealthy working conditions.
(c)Domestic workers health and safety have been put at severe risk during the recent disasters that have struck California. Domestic workers acted as frontline workers during the COVID-19 global pandemic. One year into the pandemic, domestic workers were three times more likely to have contracted COVID-19 than the general population in California.
(d)Climate-accelerated disasters have magnified the vulnerability and dangers that domestic workers and day laborers face on a daily basis because they are excluded from Californias occupational health and safety protections. The growing frequency and intensity of wildfires and other natural disasters requires that legislators take immediate legislative action to protect the health and safety of these workers.
(e)A June, 2020, report from the University of California, Los Angeles, Labor Occupational Safety and Health Program found that 85 percent of domestic workers surveyed experience musculoskeletal injuries that are associated with chronic pain. Many respondents, 94 percent of whom were Latinx and Asian, reported continuing to work through their injuries for fear of job or financial loss. Those injuries could be prevented by appropriate health and safety guidance and subsequent enforcement.
(f)Because domestic workers care for the most important elements of their employers lives, families, and homes, it is in the interest of employees, employers, and the people of the State of California to ensure that the health and safety of domestic workers are protected.
(g)On September 27, 2021, Governor Gavin Newsom signed into law Senate Bill 321 (Durazo, Chapter 332 of the Statutes of 2021), creating an advisory committee composed of members of the public and experts to discuss and develop recommendations, ensuring the health and safety of domestic workers in the home setting.
(h)The purpose of the advisory committee is to provide policy recommendations to the Department of Industrial Relations and the Legislature on policies the state may adopt to protect the health and safety of privately funded household domestic service employees, along with drafting voluntary industry-specific guidelines for the purpose of educating household domestic service employers and workers.
(i)In January of 2023, the advisory committee published recommendations based on discussions at advisory committee meetings, review of literature, review of existing policies, and input from experts in the field, workers, employers, and the public.
(j)As part of these recommendations, the advisory committee recommends that the Legislature remove the household domestic services exclusion from the definition of employment in Part 1 (commencing with Section 6300) of Division 5 of the Labor Code.
(k)Accordingly, it is the intent of the Legislature, upon recommendation by the advisory committee, to establish legal responsibilities and methods for promoting compliance by employers for the protection of the health and safety of domestic workers and day laborers by removing the household domestic services exclusion from the California Labor Code.
(l)Further, the advisory committee recommends partnering with trusted community organizations on enforcement and educational efforts through an expansion of the existing Domestic Worker and Employer Outreach and Education Program (DWEOP).
(m)Given the unique structure of the industry and the barriers to rights enforcement and access to information experienced by both domestic work employees and employers, DWEOP has proven to be a successful model for outreach and education.
(n)Since the creation of DWEOP, over 60 different domestic worker rights and employer responsibilities materials have been created in the industrys most common languages. Over the course of two years, over 127,000 outreach contacts with workers and nearly 15,000 outreach contacts with employers were made. More than 280 trainings were conducted in just 18 months and more than 8,400 workers received training on core worker rights topics, as well as information about how to assert and defend those rights at the workplace.
(o)DWEOP has also proven successful in educating employers of their legal responsibilities. Over 22 trainings have been conducted by trusted employer partners, with specialized workshops for home attendant, nanny, and housecleaner employers.
(p)Across the state, more than 580 individual consultations were conducted with workers who had concerns about their workplace conditions; with nearly one-third reporting wage theft, one-third specifically reporting sick leave, rest break, or overtime violations, and many others reporting health and safety, workers compensation, and harassment issues. So far, the project team has resolved nearly 50 cases, resulting in more than $236,000 in owed wages recuperated back into the hands of workers.
(q)DWEOP has worked together with the office of the Labor Commissioner to host a community forum that provided a deeper understanding of the domestic work industry for office of the Labor Commissioner staff.
(r)DWEOP also convened dozens of legal advocates to learn from domestic worker leaders and organizers about the history and trends of the domestic work industry and to uplift lessons and current models for collaborations between legal advocates and community-based organizations.
(s)Accordingly, it is the intent of the Legislature, upon recommendation by the advisory committee, to expand DWEOP as it exists to include health and safety outreach and education.
(t)Additionally, the advisory committee recommends supporting employers to be able to provide healthy and safe conditions by establishing a financial assistance program for low-resourced employers and providing educational resources and technical assistance for employers to facilitate compliance.
(u)Accordingly, it is the intent of the Legislature, upon recommendation by the advisory committee, to establish a Household Domestic Services Employment Safety Financial and Technical Assistance Program for the purpose of providing one-time grants and technical assistance to household domestic service employers.
SEC. 2.Section 1455 of the Labor Code is amended to read:1455.(a)(1)The Division of Labor Standards Enforcement, upon appropriation of funds to the division for purposes of this section, shall establish and maintain an outreach and education program. The purpose of the program shall be to promote awareness of, and compliance with, labor protections that affect the domestic work industry and to promote fair and dignified labor standards in this industry and other low-wage industries.
(2)For purposes of this section:(A)CBO means community-based organization.(B)Division means the Division of Labor Standards Enforcement.(2)As used in this section, CBO means a community-based organization.
(b)The program duration shall continue until June 30, 2024, with an opportunity to expand or renew contingent on allocation of state funds or identification of other revenue sources.
(c)The division Division of Labor Standards Enforcement shall issue a competitive request to CBOs to provide education and outreach services primarily focused on, but not limited to, domestic work employees and employers. CBOs shall have demonstrated experience in carrying out outreach and education directed at these populations, including knowledge of, and demonstrated familiarity with, issues facing the domestic work industry.
(d)CBOs shall be responsible for developing, and consulting with the division Division of Labor Standards Enforcement regarding, the core education and outreach materials regarding minimum wage, overtime, sick leave, record-keeping, recordkeeping retaliation, and the division wage adjudication and retaliation process, including specific issues that affect certain industries, such as the domestic work industry, differently. CBOs shall be responsible for all costs related to the development, printing, advertising, or distribution of the education and outreach materials. The materials shall be translated into non-English languages as may be appropriate, as determined by the applicable CBO in consultation with the division. Division of Labor Standards Enforcement. At the discretion of the division, Division of Labor Standards Enforcement, the division Division of Labor Standards Enforcement shall have final approval over the education and outreach materials.
(e)The division Division of Labor Standards Enforcement and CBOs shall meet biannually, or more frequently at the discretion of the division, to coordinate efforts around outreach, education, and enforcement, including sharing information, in accordance with applicable privacy and confidentiality laws, that will shape and inform the overall enforcement strategy enforcement, education, and outreach strategies of the division regarding low-wage industries, including the domestic work industry.
(f)CBOs shall be responsible for developing and consulting with the Division of Occupational Safety and Health regarding the core education and outreach materials regarding health and safety standards, retaliation, and the divisions workplace safety complaint and retaliation process, including specific issues that affect the domestic work industry differently. CBOs shall be responsible for all costs related to the development, printing, advertising, or distribution of the education and outreach materials. The materials shall be translated into non-English languages as may be appropriate, as determined by the applicable CBO in consultation with the Division of Occupational Safety and Health.
(g)On and after July 1, 2024, the Chief of the Division of Occupational Safety and Health, representatives of the consultation services and enforcement branches of the Division of Occupational Safety and Health, and CBOs shall meet quarterly, or more frequently at the discretion of the Division of Occupational Safety and Health, to coordinate efforts around outreach, education, and enforcement, including sharing information, in accordance with applicable privacy and confidentiality laws, that will shape and inform the overall enforcement, education, and outreach strategies of the Division of Occupational Safety and Health regarding the domestic work industry.
(f)(h)The division Division of Labor Standards Enforcement and the Division of Occupational Safety and Health shall not expend more than 5 percent of the budget allocation on the administration of the program.
(g)This section shall become inoperative on July 1, 2024, and, as of January 1, 2025, is repealed.SEC. 3.Section 6303 of the Labor Code is amended to read:6303.(a)Place of employment means any place, and the premises appurtenant thereto, where employment is carried on, except a place where the health and safety jurisdiction is vested by law in, and actively exercised by, any state or federal agency other than the division.
(b)Employment (1)Employment, except as provided in paragraph (2), includes the carrying on of any trade, enterprise, project, industry, business, occupation, or work, including all excavation, demolition, and construction work, or any process or operation in any way related thereto, in which any person is engaged or permitted to work for hire, except household domestic service. hire.
(2)Employment does not include either of the following:
(A)Household domestic service that is publicly funded, including publicly funded household domestic service provided to a recipient, client, or beneficiary with a share of cost in that service, unless subject to Section 3342 or 5199 of Title 8 of the California Code of Regulations.
(B)Family daycare homes, as defined in subdivision (a) of Section 1596.78 of the Health and Safety Code and subdivisions (d) and (f) of Section 1596.792 of the Health and Safety Code.
(c)Employment, for purposes of this division only, also includes volunteer firefighting when covered by Division 4 (commencing with Section 3200) pursuant to Section 3361.
(d)Subdivision (c) shall become operative on January 1, 2004.
SEC. 4.Section 6714 is added to the Labor Code, to read:6714.(a)By July 1, 2024, the division shall adopt industry guidance to assist household domestic service employers on their legal obligations under existing occupational safety and health laws and regulations that apply to the work activity of household domestic service employees. The guidance shall be consistent with the voluntary industry guidelines established by the Household Domestic Services Employment Safety Committee convened pursuant to Section 6305.1.
(b)By January 1, 2025, a household domestic services employer shall comply with, and adhere to, all applicable occupational safety and health regulations.
(c)If the division determines that additional industry-specific regulations are necessary, the division shall propose those regulations to the standards board for its review and the standards board shall adopt regulations by January 1, 2026.
SEC. 5.Section 6714.1 is added to the Labor Code, to read:6714.1.(a)The division, upon appropriation of funds by the Legislature to the division for purposes of this section, shall establish and administer the Household Domestic Services Employment Safety and Technical Assistance Program for the purpose of providing one-time grants and technical assistance to household domestic service employers.
(b)Financial assistance under this program shall be available to household domestic service employers that have demonstrated financial hardship in ensuring a safe working environment for household domestic service employees. The funds shall be used for tools, supplies, equipment, or physical alteration of the home to promote and protect the health and safety of household domestic service employees.
(c)Technical assistance may be provided directly by division staff or through a contracted community-based organization.
(d)The division shall not expend more than 5 percent of the budget allocation on the administration of the program.
(e)The program shall commence by July 1, 2024, and continue until July 1, 2029, with an opportunity to expand or renew contingent on the additional allocation of state funds or identification of other revenue sources.
(f)As used in this section, program means the Household Domestic Services Employment Safety and Technical Assistance Program established pursuant to subdivision (a).
SEC. 6.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
|
Date
|
Status
|
|---|---|
| Jan 25, 2024 | Veto sustained. |
| Jan 25, 2024 | Stricken from file. |
| Sep 30, 2023 | In Senate. Consideration of Governor's veto pending. |
| Sep 30, 2023 | Vetoed by the Governor. |
| Sep 26, 2023 | Enrolled and presented to the Governor at 2:30 p.m. |
| Sep 14, 2023 | Assembly amendments concurred in. (Ayes 27. Noes 8. Page 2848.) Ordered to engrossing and enrolling. |
| Sep 13, 2023 | In Senate. Concurrence in Assembly amendments pending. |
| Sep 13, 2023 | Read third time. Passed. (Ayes 65. Noes 2. Page 3465.) Ordered to the Senate. |
| Sep 8, 2023 | Read third time and amended. |
| Sep 8, 2023 | Ordered to third reading. |
| Sep 5, 2023 | Read second time. Ordered to third reading. |
| Sep 1, 2023 | Read second time and amended. Ordered to second reading. |
| Sep 1, 2023 | From committee: Do pass as amended. (Ayes 11. Noes 4.) (September 1). |
| Aug 23, 2023 | August 23 set for first hearing. Placed on suspense file. |
| Jun 29, 2023 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 28). Re-referred to Com. on APPR. |
| Jun 8, 2023 | Referred to Com. on L. & E. |
| May 26, 2023 | In Assembly. Read first time. Held at Desk. |
| May 26, 2023 | Read third time. Passed. (Ayes 24. Noes 8. Page 1327.) Ordered to the Assembly. |
| May 18, 2023 | Read second time. Ordered to third reading. |
| May 18, 2023 | From committee: Do pass. (Ayes 5. Noes 2. Page 1179.) (May 18). |
| May 12, 2023 | Set for hearing May 18. |
| May 8, 2023 | May 8 hearing: Placed on APPR suspense file. |
| May 1, 2023 | Set for hearing May 8. |
| Apr 26, 2023 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 898.) (April 26). Re-referred to Com. on APPR. |
| Apr 13, 2023 | Set for hearing April 26. |
| Mar 1, 2023 | Referred to Com. on L., P.E. & R. |
| Feb 17, 2023 | From printer. May be acted upon on or after March 19. |
| Feb 16, 2023 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 14, 2023 | Unfinished Business SB686 Durazo et al. Concurrence | Senate Floor |
Passed |
|
| Sep 13, 2023 | SB 686 Durazo Senate Third Reading By Wendy Carrillo | Assembly Floor |
Passed |
|
| Sep 1, 2023 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 28, 2023 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Labor and Employment |
Passed |
|
| May 26, 2023 | Senate 3rd Reading SB686 Durazo et al. | Senate Floor |
Passed |
|
| May 18, 2023 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| May 8, 2023 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 26, 2023 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Labor, Public Employment and Retirement |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| AAPIs for Civic Empowerment Education Fund | ** Support | |
| All Home | ** Support | |
| Asian Americans for Community Involvement | ** Support | |
| Asian Pacific Environmental Network | ** Support | |
| Bay Rising | ** Support | |
| Berkeley Labor and Occupational Health Program | ** Support | |
| Bet Tzedek Legal Services | ** Support | |
| black women for wellness | ** Support | |
| Breast Cancer Prevention Partners | ** Support | |
| California Association For Health Services At Home | ** Support | |
| California Coalition For Worker Power | * Support | Jun 28, 2023 |
| California Commission on Aging | ** Support | |
| California Domestic Workers Coalition | ** Support | |
| California Employment Lawyers Association | ** Support | |
| California Green New Deal Coalition | * Support | Apr 26, 2023 |
| California Immigrant Policy Center | ** Support | |
| California Labor Federation, Afl-Cio | ** Support | |
| California League of United Latin American Citizens | ** Support | |
| California Legislative Women's Caucus | ** Support | |
| California Rural Legal Assistance Foundation | ** Support | |
| California Work & Family Coalition | ** Support | |
| Californians for a Healthy & Green Economy | ** Support | |
| Caminante Cultural Foundation | ** Support | |
| Caring Across Generations | ** Support | |
| Catalyst Project | ** Support | |
| Change Californians for A Healthy and Green Economy | ** Support | |
| Chinese for Affirmative Action | ** Support | |
| Chinese Progressive Association | ** Support | |
| City & County of San Francisco | * Support | Apr 26, 2023 |
| CLEAN Carwash Worker Center | ** Support | |
| Coalition for Humane Immigrant Rights | ** Support | |
| Day Worker Center of Mountain View | ** Support | |
| Disability Rights California | ** Support | |
| Dolores Street Community Services | ** Support | |
| El Centro Cultural De Mexico, Santa Ana | ** Support | |
| El/la Para Trans Latinas | ** Support | |
| Empowering Pacific Islander Communities | ** Support | |
| Equal Rights Advocates | ** Support | |
| Filipino Advocates for Justice | ** Support | |
| Filipino Association of Workers and Immigrants | * Support | Apr 26, 2023 |
| Filipino Association of Workers and Immigrants | * Support | Apr 26, 2023 |
| Filipino Association of Workers and Immigrants | * Support | Apr 26, 2023 |
| Filipino Association of Workers and Immigrants | * Support | Apr 26, 2023 |
| Filipino Community Center | ** Support | |
| Filipino Migrant Center | ** Support | |
| Filipino Migrant Center in Long Beach | * Support | Jun 28, 2023 |
| Filipino Workers Center | * Support | Apr 26, 2023 |
| First Mennonite Church of San Francisco | ** Support | |
| Gabriela Oakland | ** Support | |
| GABRIELA Oakland | * Support | Apr 26, 2023 |
| GRACE End Child Poverty Institute | ** Support | |
| GRACE Institute - End Child Poverty in California | ** Support | |
| Hand in Hand: Domestic Workers and Employers Network | ** Support | |
| Hand in Hand: The Domestic Employers Network | ** Support | |
| Impact Sport Philanthropy | ** Support | |
| Institute for Families and Nannies in San Francisco | * Support | Apr 26, 2023 |
| Institute of Popular Education of Southern California | ** Support | |
| Instituto de Educacion Popular del Sur de California | ** Support | |
| Jobs with Justice San Francisco | ** Support | |
| La Colectiva de Mujeres | * Support | Apr 26, 2023 |
| La Colectiva de Mujeres, Dolores Street Community Services | ** Support | |
| La Collectiva de Mujeres | * Support | Apr 26, 2023 |
| Labor Occupational Health Program, UC Berkeley | ** Support | |
| Legal Aid At Work | * Support | Jun 28, 2023 |
| Motivating Our Students Through Experience | ** Support | |
| Mujeres en Accion | * Support | Apr 26, 2023 |
| Mujeres Unidas Y Activas | ** Support | |
| Multicultural Institute | ** Support | |
| Napa Valley | * Support | Apr 26, 2023 |
| National Domestic Workers Alliance | ** Support | |
| National Employment Law Project | ** Support | |
| National Union Of Healthcare Workers | ** Support | |
| NATIONAL WOMENS POLITICAL CAUCUS OF CALIFORNIA | ** Support | |
| North Bay Jobs with Justice | ** Support | |
| North Bay Labor Council | ** Support | |
| Nuestras Manos | ** Support | |
| Numerous individuals | ** Support | |
| Or Shalom Jewish Community | ** Support | |
| Philippine Workers Center | * Support | Apr 26, 2023 |
| Physicians for Social Responsibility - Los Angeles | ** Support | |
| Pilipino Association for Workers and Immigrants - South Bay | ** Support | |
| Pilipino Association of Workers and Immigrants | ** Support | |
| pilipino workers center | ** Support | |
| Pomona Economic Opportunity Center | ** Support | |
| Raizes Collective | ** Support | |
| Region Six Western States | * Support | Apr 26, 2023 |
| Restaurant Opportunities Center of Los Angeles | ** Support | |
| San Francisco Living Wage Coalition | ** Support | |
| San Francisco Women's Collective | * Support | Apr 26, 2023 |
| Santa Clara Wage Theft Coalition | * Support | Apr 26, 2023 |
| SEIU California | ** Support | |
| Senior & Disability Action | ** Support | |
| Showing Up For Racial Justice, Bay Area | ** Support | |
| Southern California Coalition for Occupational Safety and Health | ** Support | |
| The Restaurant Opportunities Center of Los Angeles | ** Support | |
| Trabajadores Unidos Workers United | ** Support | |
| UCLA Labor Center | ** Support | |
| UCLA Labor Occupational Safety & Health Program | ** Support | |
| US Academy for Training & Job Placement for Immigrant Community Services | ** Support | |
| US Academy for Training and Job Placement for Immigrant Community Services Center | ** Support | |
| Vision y Compromiso | ** Support | |
| Voices for Progress | ** Support | |
| Warehouse Worker Resource Center | ** Support | |
| Western Center On Law And Poverty Inc | * Support | Jun 28, 2023 |
| Women'S Foundation California | ** Support | |
| Women's Voices for the Earth | ** Support | |
| Workers Health and Safety at the Institute for Popular Education of Southern California | * Support | Jun 28, 2023 |
| Working Partnerships USA | ** Support | |
| Worksafe | ** Support |
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 686 |
VETO
Bill No: SB 686
Author: Durazo (D), et al.
Amended: 9/8/23
Vote: 27
SENATE LABOR, PUB. EMP. & RET. COMMITTEE: 4-1, 4/26/23
AYES: Cortese, Durazo, Laird, Smallwood-Cuevas
NOES: Wilk
SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/18/23
AYES: Portantino, Ashby, Bradford, Wahab, Wiener
NOES: Jones, Seyarto
SENATE FLOOR: 24-8, 5/26/23
AYES: Allen, Archuleta, Ashby, Atkins, Becker, Bradford, Cortese, Durazo, Eggman, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Newman, Padilla, Portantino, Roth, Skinner, Smallwood-Cuevas, Umberg, Wahab, Wiener
NOES: Dahle, Jones, Min, Nguyen, Niello, Ochoa Bogh, Seyarto, Wilk
NO VOTE RECORDED: Alvarado-Gil, Blakespear, Caballero, Dodd, Glazer, Grove, Rubio, Stern
SENATE FLOOR: 27-8, 9/14/23
AYES: Allen, Archuleta, Ashby, Atkins, Becker, Bradford, Caballero, Cortese, Durazo, Eggman, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener
NOES: Dahle, Grove, Jones, Nguyen, Niello, Ochoa Bogh, Seyarto, Wilk
NO VOTE RECORDED: Alvarado-Gil, Blakespear, Dodd, Glazer, Min
ASSEMBLY FLOOR: 65-2, 9/13/23 - See last page for vote
SUBJECT: Domestic workers: occupational safety
SOURCE: California Domestic Workers Coalition
California Employment Lawyers Association
California Immigrant Policy Center
Equal Rights Advocates
National Union of Healthcare Workers
Worksafe
DIGEST:
This bill makes specified changes to occupational safety law as it pertains to domestic workers including removing the “household domestic service” exemption from the Occupational Safety and Health Act definition of employment; requiring the Division of Occupational Safety and Health (Cal/OSHA) to adopt industry guidance to assist household domestic service employers understand their legal obligations that would now apply to them; and requiring all household domestic services employers to comply with, and adhere to, all applicable occupational safety and health regulations by January 1, 2025.
ANALYSIS:
Existing law:
- Assures, under the California Occupational Safety and Health Act (OSHA), 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)
- Establishes the Cal/OSHA within the Department of Industrial Relations (DIR) to propose, administer, and enforce safety and health standards.(Labor Code §6300 et seq.)
- Establishes within DIR, the Division of Fair Labor Standards Enforcement (DLSE) lead by the Labor Commissioner, tasked with administering and enforcing labor code provisions. (Labor Code §56)
- Establishes the Occupational Safety and Health Standards Board, within DIR, to promote, adopt, and maintain reasonable and enforceable standards that will ensure a safe and healthful workplace for workers. (Labor Code §140-147.6)
- Requires employers to establish, implement and maintain an effective Injury and Illness Prevention Program (IIPP) that is written and includes, among other things, the following elements (Labor Code §6401.7):
- A system for identifying and evaluating workplace hazards.
- Methods and procedures for correcting unsafe or unhealthy conditions.
- A training program, as specified.
- A system for communicating on occupational health and safety matters, including provisions to encourage employees to inform the employer of hazards at the worksite without fear of reprisal.
- Requires that employers file a report with Cal/OSHA of every occupational injury or illness to each employee, as specified.(Labor Code §6409.1)
- Defines, for purposes of OSHA, “employment” to include the carrying on of any trade, enterprise, project, industry, business, occupation, or work, including all excavation, demolition, and construction work, or any process or operation in any way related thereto, in which any person is engaged or permitted to work for hire, except household domestic service. (Labor Code §6303)
- Defines “domestic work” as services related to the care of persons in private households or maintenance of private households or their premises. Domestic work occupations include childcare providers, caregivers of people with disabilities, sick, convalescing, or elderly persons, house cleaners, housekeepers, maids and other household occupations. (Labor Code §1451)
- Regulates, under the Domestic Worker Bill of Rights, the hours of work of certain domestic work employees by requiring overtime compensation for any hours worked over nine in one day or over 45 hours in a workweek, as specified. (Labor Code §1450-1454)
- Requires the chief of Cal/OSHA to convene an advisory committee for the purposes of creating voluntary guidance and making recommendations to DIR and the Legislature on policies the state may adopt to protect the health and safety of private household domestic service employees. (Labor Code §6305.1)
- States that in making these recommendations, the advisory group shall consider, among other things, how to protect the privacy of individuals who employ domestic workers in their private residences in the context of future potential enforcement of health and safety standards, orders, and regulations, including applicability to household domestic service employers of the existing civil monetary penalty structure for violations and consider the need to develop industry-specific requirements. (Labor Code §6305.1)
- Requires the DLSE, upon appropriation, to establish and maintain an outreach and education program to promote awareness of, and compliance with, labor protections that affect the domestic work industry. (Labor Code §1455)
This bill:
- Makes findings and declarations highlighting, among other things, the challenges faced by domestic workers and the need to remove the household domestic services exclusion from the definition of employment.
- Amends, beginning January 1, 2025, the definition of “employment” under existing law to, except as specified, remove the household domestic service exception, thereby applying all OSHA provisions to domestic workers and their employers and include the carrying on of any trade, enterprise, project, industry, business, occupation, or work, including all excavation, demolition, and construction work, or any process or operation in any way related thereto, in which any person is engaged or permitted to work for hire, except household domestic service.
- Specifies that “employment” does not include either of the following:
- Household domestic service that is publicly funded, including service provided to a recipient, client, or beneficiary with a share of cost in that service, unless subject to Section 3342 or 5199 of Title 8 of the California Code of Regulations.
- Family daycare homes, as defined.
- Requires that Cal/OSHA, by January 1, 2025, adopt industry guidance to assist household domestic service employers on their legal obligations under existing occupational safety and health laws and regulations that will apply to them.
- Requires household domestic services employers to comply with, and adhere to, all applicable occupational safety and health regulations by January 1, 2025.
- Authorizes Cal/OSHA, if the division determines that additional industry-specific regulations are necessary, to propose those to the standards board for its review and the standards board shall adopt regulations by January 1, 2026.
- Modifies the existing domestic worker outreach and education provisions to:
- Specify that CBOs will be responsible for developing and consulting with Cal/OSHA regarding the core education and outreach materials on health and safety standards, retaliation, and the division’s workplace safety complaint and retaliation process, including specific issues that affect the domestic work industry differently.
- Specify that CBOs will be responsible for all costs related to the development, printing, advertising, or distribution of the materials.
- Require the materials to be translated into non-English languages, specified.
- Require the Chief of Cal/OSHA, representatives of the consultation services and enforcement branches and CBOs to meet quarterly, as specified, to coordinate efforts around outreach, education, and enforcement that will shape and inform the overall strategies.
- Specify that both the DLSE and Cal/OSHA shall not expend more than 5 percent of the budget allocation on the administration of the program.
Background
The concept of removing the domestic worker exclusion from the definition of “employment” for OSHA purposes has been the subject of several bills dating back to AB 889 (Ammiano, 2011). The first successful change to the industry was in 2013, when AB 241 (Ammiano, Chapter 374, Statutes of 2013) enacted the Domestic Worker Bill of Rights to regulate the hours of work of certain domestic work employees and provide an overtime compensation rate for these workers who were not previously entitled to overtime compensation. More recently, in 2019, SB 83 (Committee on Budget and Fiscal Review, Chapter 24, Statutes of 2019) established the domestic worker outreach and education program within DLSE to, until July 1, 2024, promote awareness of, and compliance with, labor protections that affect the domestic work industry. In 2021, SB 321 (Durazo, Chapter 332, Statutes of 2021) required that Cal/OSHA convene an advisory committee to provide voluntary guidance and make recommendations on policies the state may adopt to protect the health and safety of privately funded household domestic service employees.
This year, AB 130 (Committee on Budget, Chapter 39, Statutes of 2023) deleted the sunset date on the outreach and education program thereby making those provisions permanent.
[NOTE: Please see the Senate Labor, Public Employment and Retirement Committee analysis on this bill for more background information on the history of the issue and prior legislation.]
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to Assembly Appropriations Committee:
- Costs of approximately $44 million in the first year and $42 million annually thereafter to Cal/OSHA to adopt industry guidance, propose and adopt additional regulations if necessary, and provide enforcement of applicable regulations, although the amount of resources to be allocated to each duty is unclear. The Department of Finance’s analysis of this bill notes Cal/OSHA-related activities are traditionally funded from employer assessments, but “Because of the inability to assess a fee on private homeowners employing domestic service employees, it is assumed enforcement costs as a result of this bill will be borne by the General Fund.”
- Ongoing cost pressures of an unknown, but likely minor, amount to Cal/OSHA by expanding the scope of the Education Program to require Cal/OSHA to consult and meet quarterly with CBOs regarding core materials and enforcement strategies. The Budget Act of 2023 appropriates $35 million to Cal/OSHA to administer existing provisions of the Education Program, which is available for encumbrance and expenditure until June 30, 2029 (Labor and Workforce Development Fund).
- Ongoing cost pressures of an unknown, but likely significant, amount to Cal/OSHA to provide one-time grants to employers under the TA Program (General Fund). Establishment of the TA Program is contingent on an appropriation, but funding for this purpose was not included in the Budget Act of 2023.
SUPPORT: (Verified 10/10/23)
California Domestic Workers Coalition (co-source)
California Employment Lawyers Association (co-source)
California Immigrant Policy Center (co-source)
Equal Rights Advocates (co-source)
National Union of Healthcare Workers (co-source)
Worksafe (co-source)
AAPIs for Civic Empowerment Education Fund
All Home
Asian Americans for Community Involvement
Asian Pacific Environmental Network
Bay Rising
Berkeley Labor and Occupational Health Program
Bet Tzedek Legal Services
Black Women for Wellness
Breast Cancer Prevention Partners
California Commission on Aging
California Labor Federation, AFL-CIO
California League of United Latin American Citizens
California Legislative Women's Caucus
California for a Healthy & Green Economy
California Rural Legal Assistance Foundation
California Work & Family Coalition
Caminante Cultural Foundation
Caring Across Generations
Catalyst Project
Change Californians for a Healthy and Green Economy
Chinese for Affirmative Action
Chinese Progressive Association
Clean Carwash Worker Center
Coalition for Humane Immigrant Rights
Day Worker Center of Mountain View
Disability Rights California
Dolores Street Community Services
El Centro Cultural De Mexico, Santa Ana
El/la Para Trans Latinas
Empowering Pacific Islander Communities
Filipino Advocates for Justice
Filipino Community Center
Filipino Migrant Center
First Mennonite Church of San Francisco
Gabriela Oakland
Grace End Child Poverty Institute
Grace Institute - End Child Poverty in California
Hand in Hand: the Domestic Employers Network
Impact Sport Philanthropy
Instituto De Educacion Popular Del Sur De California
Jobs with Justice San Francisco
La Colectiva de Mujeres, Dolores Street Community Services
Motivating Our Students Through Experience
Mujeres Unidas Y Activas
Multicultural Institute
National Domestic Workers Alliance
National Employment Law Project
National Women’s Political Caucus of California
North Bay Jobs with Justice
North Bay Labor Council
Nuestras Manos
Or Shalom Jewish Community
Physicians for Social Responsibility - Los Angeles
Pilipino Association for Workers and Immigrants - South Bay
Pilipino Workers Center
Pomona Economic Opportunity Center
Raizes Collective
Restaurant Opportunities Center of Los Angeles
San Francisco Living Wage Coalition
SEIU California
Senior & Disability Action
Showing Up for Racial Justice Bay Area
Southern California Coalition for Occupational Safety and Health
The Restaurant Opportunities Center of Los Angeles
Trabajadores Unidos Workers United
UCLA Labor Center
UCLA Labor Occupational Safety & Health Program
US Academy for Training & Job Placement for Immigrant Community Services
Vision Y Compromiso
Voices for Progress
Warehouse Worker Resource Center
Women’s Foundation California
Women's Voices for the Earth
Working Partnerships USA
Worksafe
34 individuals
OPPOSITION: (Verified 10/10/23)
None received
ARGUMENTS IN SUPPORT: According to the California Immigrant Policy Center, one of the co-sponsors of this bill, “In California, there are over 300,000 domestic workers, 75 percent of whom are immigrant women of color, who have been historically excluded from the most basic labor protections.” They argue that, “Climate accelerated disasters have also magnified the vulnerability and dangers that domestic workers and day laborers face on a daily basis. During the wildfires that devastated California, domestic workers and other household workers were asked to stay behind to fight fires, guard homes or pets, work in smoky conditions, and clean up toxic ash. Workers were further put at risk when employers failed to tell them that the homes they work in were under mandatory evacuation. The growing frequency and intensity of wildfires, flooding, and other extreme weather events make it imperative that legislators take immediate legislative action to protect the health and safety of these workers.
GOVERNOR'S VETO MESSAGE:
This bill, among other provisions, would require all household domestic service employers to comply with and adhere to all applicable occupational safety and health regulations by January 1, 2025, and remove the exemption of domestic workers from safety and health laws, with the exception of services that are publicly funded.
While I commend the author for the commitment to the wellbeing of workers in our state and share the spirit behind the legislation, new laws in this area must recognize that private households and families cannot be regulated in the exact same manner as traditional businesses.
SB 686 as written would make private household employers immediately subject to the full set of existing workplace safety and health regulations governing businesses in the state, starting January 1, 2025. These obligations range from the requirement to establish an effective Injury and Illness Prevention Program to providing an eyewash station if household workers use chemicals like bleach, to implementing a Hazard Communication Program. Additionally, the current penalty scheme was meant for businesses and not private individuals. For a domestic employer covered by SB 686, these penalties could be up to $15,000 per violation depending on the circumstances.
That said, my Administration is committed to the wellbeing of domestic workers. I just signed a budget that includes $35 million in funding for grants to community-based organizations for domestic worker education and outreach. And two years ago, I signed SB 321, which established an advisory committee to make recommendations on how to protect the health and safety of domestic service employees. The committee discussed the importance of allowing employers the opportunity to learn about their obligations and correct any violations voluntarily before formal enforcement occurs. Unfortunately, SB 686 does not identify which specific standards domestic employers would be required to follow, nor does it outline an industry-specific system for investigation or enforcement as discussed and recommended by the Advisory Committee.
The households that employ domestic workers include middle- and low-income families and older Californians who require daily assistance, ranging from personal care to home cleaning to childcare. I am particularly concerned given that approximately 44% of the households that employ domestic workers are low-income themselves, that this bill creates severe cost burdens and penalties for many people who cannot afford them.
ASSEMBLY FLOOR: 65-2, 9/13/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Davies, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Holden, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NOES: Mathis, Sanchez
NO VOTE RECORDED: Bauer-Kahan, Chen, Megan Dahle, Dixon, Essayli, Flora, Vince Fong, Gallagher, Hoover, Jim Patterson, Joe Patterson, Luz Rivas, Ta
Prepared by: Alma Perez-Schwab / L., P.E. & R. / (916) 651-1556
10/19/23 11:12:59
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 686 |
UNFINISHED BUSINESS
Bill No: SB 686
Author: Durazo (D), et al.
Amended: 9/8/23
Vote: 21
SENATE LABOR, PUB. EMP. & RET. COMMITTEE: 4-1, 4/26/23
AYES: Cortese, Durazo, Laird, Smallwood-Cuevas
NOES: Wilk
SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/18/23
AYES: Portantino, Ashby, Bradford, Wahab, Wiener
NOES: Jones, Seyarto
SENATE FLOOR: 24-8, 5/26/23
AYES: Allen, Archuleta, Ashby, Atkins, Becker, Bradford, Cortese, Durazo, Eggman, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Newman, Padilla, Portantino, Roth, Skinner, Smallwood-Cuevas, Umberg, Wahab, Wiener
NOES: Dahle, Jones, Min, Nguyen, Niello, Ochoa Bogh, Seyarto, Wilk
NO VOTE RECORDED: Alvarado-Gil, Blakespear, Caballero, Dodd, Glazer, Grove, Rubio, Stern
ASSEMBLY FLOOR: 65-2, 9/13/23 - See last page for vote
SUBJECT: Domestic workers: occupational safety
SOURCE: California Domestic Workers Coalition
California Employment Lawyers Association
California Immigrant Policy Center
Equal Rights Advocates
Worksafe
DIGEST:
This bill makes specified changes to occupational safety law as it pertains to domestic workers including removing the “household domestic service” exemption from the Occupational Safety and Health Act definition of employment; requiring the Division of Occupational Safety and Health (Cal/OSHA) to adopt industry guidance to assist household domestic service employers understand their legal obligations that would now apply to them; and requiring all household domestic services employers to comply with, and adhere to, all applicable occupational safety and health regulations by January 1, 2025.
Assembly Amendments
strike Legislative findings and provisions that would have appropriated funds to establish a Household Domestic Services Employment Safety and Technical Assistance program to provide one-time grants and technical assistance to household domestic service employers, as specified, and make the effective date of the bill’s provisions January 1, 2025.
ANALYSIS:
Existing law:
- Assures, under the California Occupational Safety and Health Act (OSHA), 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)
- Establishes the Cal/OSHA within the Department of Industrial Relations (DIR) to propose, administer, and enforce safety and health standards.(Labor Code §6300 et seq.)
- Establishes within DIR, the Division of Fair Labor Standards Enforcement (DLSE) lead by the Labor Commissioner, tasked with administering and enforcing labor code provisions. (Labor Code §56)
- Establishes the Occupational Safety and Health Standards Board, within DIR, to promote, adopt, and maintain reasonable and enforceable standards that will ensure a safe and healthful workplace for workers. (Labor Code §140-147.6)
- Requires employers to establish, implement and maintain an effective Injury and Illness Prevention Program (IIPP) that is written and includes, among other things, the following elements (Labor Code §6401.7):
- A system for identifying and evaluating workplace hazards.
- Methods and procedures for correcting unsafe or unhealthy conditions.
- A training program, as specified.
- A system for communicating on occupational health and safety matters, including provisions to encourage employees to inform the employer of hazards at the worksite without fear of reprisal.
- Requires that employers file a report with Cal/OSHA of every occupational injury or illness to each employee, as specified.(Labor Code §6409.1)
- Defines, for purposes of OSHA, “employment” to include the carrying on of any trade, enterprise, project, industry, business, occupation, or work, including all excavation, demolition, and construction work, or any process or operation in any way related thereto, in which any person is engaged or permitted to work for hire, except household domestic service. (Labor Code §6303)
- Defines “domestic work” as services related to the care of persons in private households or maintenance of private households or their premises. Domestic work occupations include childcare providers, caregivers of people with disabilities, sick, convalescing, or elderly persons, house cleaners, housekeepers, maids and other household occupations. (Labor Code §1451)
- Regulates, under the Domestic Worker Bill of Rights, the hours of work of certain domestic work employees by requiring overtime compensation for any hours worked over nine in one day or over 45 hours in a workweek, as specified. (Labor Code §1450-1454)
- Requires the chief of Cal/OSHA to convene an advisory committee for the purposes of creating voluntary guidance and making recommendations to DIR and the Legislature on policies the state may adopt to protect the health and safety of private household domestic service employees. (Labor Code §6305.1)
- States that in making these recommendations, the advisory group shall consider, among other things, how to protect the privacy of individuals who employ domestic workers in their private residences in the context of future potential enforcement of health and safety standards, orders, and regulations, including applicability to household domestic service employers of the existing civil monetary penalty structure for violations and consider the need to develop industry-specific requirements. (Labor Code §6305.1)
- Requires the DLSE, upon appropriation, to establish and maintain an outreach and education program to promote awareness of, and compliance with, labor protections that affect the domestic work industry. (Labor Code §1455)
This bill:
- Makes findings and declarations highlighting, among other things, the challenges faced by domestic workers and the need to remove the household domestic services exclusion from the definition of employment.
- Amends, beginning January 1, 2025, the definition of “employment” under existing law to, except as specified, remove the household domestic service exception, thereby applying all OSHA provisions to domestic workers and their employers and include the carrying on of any trade, enterprise, project, industry, business, occupation, or work, including all excavation, demolition, and construction work, or any process or operation in any way related thereto, in which any person is engaged or permitted to work for hire, except household domestic service.
- Specifies that “employment” does not include either of the following:
- Household domestic service that is publicly funded, including service provided to a recipient, client, or beneficiary with a share of cost in that service, unless subject to Section 3342 or 5199 of Title 8 of the California Code of Regulations.
- Family daycare homes, as defined.
- Requires that Cal/OSHA, by January 1, 2025, adopt industry guidance to assist household domestic service employers on their legal obligations under existing occupational safety and health laws and regulations that will apply to them.
- Requires household domestic services employers to comply with, and adhere to, all applicable occupational safety and health regulations by January 1, 2025.
- Authorizes Cal/OSHA, if the division determines that additional industry-specific regulations are necessary, to propose those to the standards board for its review and the standards board shall adopt regulations by January 1, 2026.
- Modifies the existing domestic worker outreach and education provisions to:
- Specify that CBOs will be responsible for developing and consulting with Cal/OSHA regarding the core education and outreach materials on health and safety standards, retaliation, and the division’s workplace safety complaint and retaliation process, including specific issues that affect the domestic work industry differently.
- Specify that CBOs will be responsible for all costs related to the development, printing, advertising, or distribution of the materials.
- Require the materials to be translated into non-English languages, specified.
- Require the Chief of Cal/OSHA, representatives of the consultation services and enforcement branches and CBOs to meet quarterly, as specified, to coordinate efforts around outreach, education, and enforcement that will shape and inform the overall strategies.
- Specify that both the DLSE and Cal/OSHA shall not expend more than 5 percent of the budget allocation on the administration of the program.
Background
The concept of removing the domestic worker exclusion from the definition of “employment” for OSHA purposes has been the subject of several bills dating back to AB 889 (Ammiano, 2011). The first successful change to the industry was in 2013, when AB 241 (Ammiano, Chapter 374, Statutes of 2013) enacted the Domestic Worker Bill of Rights to regulate the hours of work of certain domestic work employees and provide an overtime compensation rate for these workers who were not previously entitled to overtime compensation. More recently, in 2019, SB 83 (Committee on Budget and Fiscal Review, Chapter 24, Statutes of 2019) established the domestic worker outreach and education program within DLSE to, until July 1, 2024, promote awareness of, and compliance with, labor protections that affect the domestic work industry. In 2021, SB 321 (Durazo, Chapter 332, Statutes of 2021) required that Cal/OSHA convene an advisory committee to provide voluntary guidance and make recommendations on policies the state may adopt to protect the health and safety of privately funded household domestic service employees.
This year, AB 130 (Committee on Budget, Chapter 39, Statutes of 2023) deleted the sunset date on the outreach and education program thereby making those provisions permanent.
[NOTE: Please see the Senate Labor, Public Employment and Retirement Committee analysis on this bill for more background information on the history of the issue and prior legislation.]
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to Assembly Appropriations Committee:
- Costs of approximately $44 million in the first year and $42 million annually thereafter to Cal/OSHA to adopt industry guidance, propose and adopt additional regulations if necessary, and provide enforcement of applicable regulations, although the amount of resources to be allocated to each duty is unclear. The Department of Finance’s analysis of this bill notes Cal/OSHA-related activities are traditionally funded from employer assessments, but “Because of the inability to assess a fee on private homeowners employing domestic service employees, it is assumed enforcement costs as a result of this bill will be borne by the General Fund.”
- Ongoing cost pressures of an unknown, but likely minor, amount to Cal/OSHA by expanding the scope of the Education Program to require Cal/OSHA to consult and meet quarterly with CBOs regarding core materials and enforcement strategies. The Budget Act of 2023 appropriates $35 million to Cal/OSHA to administer existing provisions of the Education Program, which is available for encumbrance and expenditure until June 30, 2029 (Labor and Workforce Development Fund).
- Ongoing cost pressures of an unknown, but likely significant, amount to Cal/OSHA to provide one-time grants to employers under the TA Program (General Fund). Establishment of the TA Program is contingent on an appropriation, but funding for this purpose was not included in the Budget Act of 2023.
SUPPORT: (Verified 9/11/23)
California Domestic Workers Coalition (co-source)
California Employment Lawyers Association (co-source)
California Immigrant Policy Center (co-source)
Equal Rights Advocates (co-source)
National Union of Healthcare Workers (co-source)
Worksafe (co-source)
AAPIs for Civic Empowerment Education Fund
All Home
Asian Pacific Environmental Network
Bay Rising
Berkeley Labor and Occupational Health Program
Bet Tzedek Legal Services
Black Women for Wellness
Breast Cancer Prevention Partners
California Commission on Aging
California Labor Federation, AFL-CIO
California League of United Latin American Citizens
California Legislative Women's Caucus
California for a Healthy & Green Economy
California Rural Legal Assistance Foundation
California Work & Family Coalition
Caminante Cultural Foundation
Caring Across Generations
Catalyst Project
Change Californians for a Healthy and Green Economy
Chinese for Affirmative Action
Chinese Progressive Association
Clean Carwash Worker Center
Coalition for Humane Immigrant Rights
Day Worker Center of Mountain View
Disability Rights California
Dolores Street Community Services
El Centro Cultural De Mexico, Santa Ana
El/la Para Trans Latinas
Empowering Pacific Islander Communities
Filipino Advocates for Justice
Filipino Community Center
Filipino Migrant Center
First Mennonite Church of San Francisco
Gabriela Oakland
Grace End Child Poverty Institute
Grace Institute - End Child Poverty in California
Hand in Hand: the Domestic Employers Network
Impact Sport Philanthropy
Instituto De Educacion Popular Del Sur De California
Jobs with Justice San Francisco
La Colectiva de Mujeres, Dolores Street Community Services
Motivating Our Students Through Experience
Mujeres Unidas Y Activas
Multicultural Institute
National Domestic Workers Alliance
National Employment Law Project
National Women’s Political Caucus of California
North Bay Jobs with Justice
North Bay Labor Council
Nuestras Manos
Or Shalom Jewish Community
Physicians for Social Responsibility - Los Angeles
Pilipino Association for Workers and Immigrants - South Bay
Pilipino Workers Center
Pomona Economic Opportunity Center
Raizes Collective
Restaurant Opportunities Center of Los Angeles
San Francisco Living Wage Coalition
SEIU California
Senior & Disability Action
Showing Up for Racial Justice Bay Area
Southern California Coalition for Occupational Safety and Health
The Restaurant Opportunities Center of Los Angeles
Trabajadores Unidos Workers United
UCLA Labor Center
UCLA Labor Occupational Safety & Health Program
US Academy for Training & Job Placement for Immigrant Community Services
Vision Y Compromiso
Voices for Progress
Warehouse Worker Resource Center
Women’s Foundation California
Women's Voices for The Earth
Working Partnerships USA
Worksafe
34 individuals
OPPOSITION: (Verified 9/11/23)
None received
ARGUMENTS IN SUPPORT: According to the California Immigrant Policy Center, one of the co-sponsors of this bill, “In California, there are over 300,000 domestic workers, 75 percent of whom are immigrant women of color, who have been historically excluded from the most basic labor protections.” They argue that, “Climate accelerated disasters have also magnified the vulnerability and dangers that domestic workers and day laborers face on a daily basis. During the wildfires that devastated California, domestic workers and other household workers were asked to stay behind to fight fires, guard homes or pets, work in smoky conditions, and clean up toxic ash. Workers were further put at risk when employers failed to tell them that the homes they work in were under mandatory evacuation. The growing frequency and intensity of wildfires, flooding, and other extreme weather events make it imperative that legislators take immediate legislative action to protect the health and safety of these workers.
ASSEMBLY FLOOR: 65-2, 9/13/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Davies, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Holden, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NOES: Mathis, Sanchez
NO VOTE RECORDED: Bauer-Kahan, Chen, Megan Dahle, Dixon, Essayli, Flora, Vince Fong, Gallagher, Hoover, Jim Patterson, Joe Patterson, Luz Rivas, Ta
Prepared by: Alma Perez-Schwab / L., P.E. & R. / (916) 651-1556
9/14/23 11:38:36
**** END ****
SENATE THIRD READING
STR Bill Id:SB 686
Author:(Durazo)
As Amended Ver:September 8, 2023
Majority vote
SUMMARY
Removes, effective January 1, 2025, the "household domestic service" exemption from the California Occupational Safety and Health Act (Act) so as to apply it to most domestic workers, requires the Division of Occupational Safety and Health (Cal/OSHA) to adopt industry guidance on employer legal obligations under occupational safety and health laws, and requires household domestic services employers to comply with all applicable occupational safety and health regulations by January 1, 2025.
Major Provisions
- Removes, effective January 1, 2025, the "household domestic service" exemption from the Act's definition of employment, thereby extending the Act's health and safety protections to most domestic workers. Household domestic service that is publicly funded and family day care homes, as specified, are not included in the definition of employment.
- States that community-based organizations (CBOs) shall be responsible for developing and consulting with Cal/OSHA regarding core education and outreach materials covering health and safety standards, retaliation, and Cal/OSHA's workplace safety complaint and retaliation process, including specific issues that affect the domestic work industry differently. The materials shall be translated into non-English languages as may be appropriate, as specified.
- Requires the Chief of Cal/OSHA, representatives of the consultation services and enforcement branches of Cal/OSHA, and CBOs to meet quarterly, or more frequently at the discretion of Cal/OSHA, to coordinate efforts around outreach, education, and enforcement, including sharing information, in accordance with applicable privacy and confidentiality laws, that will shape and inform the overall enforcement, education, and outreach strategies of Cal/OSHA for the domestic work industry.
- States that the Division of Labor Standards Enforcement (DLSE) and Cal/OSHA shall not expend more than five percent of the budget allocation on the administration of the education and outreach program.
- Requires, by January 1, 2025, Cal/OSHA to adopt industry guidance to assist household domestic service employers on their legal obligations under existing occupational safety and health laws and regulations that apply to household domestic service employees. The guidance shall be consistent with the voluntary industry guidelines established by the Household Domestic Services Employment Safety Committee.
- Requires, by January 1, 2025, a household domestic services employer to comply with, and adhere to, all applicable occupational safety and health regulations.
- Provides that if Cal/OSHA determines that additional industry-specific regulations are necessary, Cal/OSHA shall propose those regulations to the standards board for its review and the standards board shall adopt regulations by January 1, 2026.
COMMENTS
In the United States, domestic workers, largely women and persons of color, have been historically excluded from the most basic labor protections. Some of our key federal labor laws--the National Labor Relations Act, the Fair Labor Standards Act, and OSHA-- have at some point, if not currently, excluded these workers. The law's failure to recognize domestic work as real work has left these workers particularly vulnerable to workplace injuries and illness, with little recourse. A June 2020 report from the University of California, Los Angeles (UCLA) Labor and Occupational Safety and Health Program found that 85% of domestic workers surveyed experience musculoskeletal injuries that are associated with chronic pain.[1] Many respondents reported continuing to work through their injuries for fear of job or financial loss.[2] Such injuries could be prevented by appropriate health and safety guidance and subsequent legal compliance as provided by this measure.
The scope and process of the SB 321 Advisory Committee
It's worth noting that the SB 321 Advisory Committee on household employment safety was extensive both in its' scope and level of engagement. The Committee was made up of a diverse group of stakeholders, including employers, workers, non-profit advocates, and health and safety experts. The Committee met for nine months during 2022 and heard presentations from labor researchers, the largest day laborer organization in the state, and the National Domestic Workers Alliance. In addition, the Committee's process was informed by presentations from the California Domestic Workers Coalition (CDWC) on the findings from a series of listening sessions that engaged 17 organizations with approximately 600 participants: 325 domestic workers, 245 day laborers, and 30 employers.
The instructive policy recommendations released by the Committee are grouped into four categories: legal responsibilities and enforcement, support for employer compliance, outreach and education, and partnerships with community organizations. Of the many recommendations falling under the first category regarding enforcement, a key one relates to balancing the privacy concerns of household employers with protecting workers' health. With this goal in mind, the Committee recommended a more informal approach to legal enforcement. It suggested that Cal/OSHA begin any domestic workplace inspection offsite by employing such strategies as letters or phone calls as a first warning and then referring employers to a mediation program to encourage compliance without issuing a citation. This recommendation reflects an informed response to some domestic employers' sensitivity to home inspections.
According to the Author
"For too long, the workers we entrust to care for our loved ones and our homes have been marginalized and dehumanized by intentional exclusion from our work place health and safety laws. Yet these workers are regularly exposed to health and safety threats, like toxic cleaning products, extreme heat, wildfire smoke, and lifting injuries in the home workplace.
In 2021, the Governor signed my SB 321, which created an advisory committee composed of domestic workers, employers and occupational health and safety experts to develop voluntary industry-specific health and safety guidelines and make policy recommendations to the Legislature to strengthen the workplace health and safety of household domestic services employees.
The advisory committee met throughout 2022 and earlier this year released their report with voluntary guidance for household domestic service employers and the advisory committee's policy recommendations. The Advisory Committee's top recommendation was to remove the household domestic services exclusions from Cal/OSHA. SB 686 does just that and additionally, the bill establishes a financial assistance program to help low income employers make their homes safer work places and expands the existing Domestic Worker and Employer Outreach and Education Program to cover workplace safety issues.
Employers played a critical role in developing the Advisory Committee's recommendations and SB 686 takes the next step to provide resources and tools to support them in ensuring health and safety protections for the workers they hire."
The author further states that the bill promotes equity because "domestic workers, who in California are largely low wage immigrant women of color, have been historically excluded from not just health and safety laws but, until recently, from most basic labor law protections. The intersection of race, gender, and class resulted in a devaluation of domestic labor that continues to reverberate today. While other workers gained labor protection at the turn of the twentieth century, domestic workers – by the 1930s numbering as many as those in "the railroads, coal mines, and automobile industry combined" – were categorically excluded, from the Fair Labor Standards Act, the National Labor Relations Act, the Social Security, and the Occupational Safety and Health Act. In the past decade, domestic workers have created a robust worker movement and sustained organizing to remove these historical exclusions and to have their work seen as "real work" and to be protected equally by labor laws that govern all other workers/employers."
Arguments in Support
The California Domestic Workers Coalition, sponsor of this bill, states, "SB 686 would advance key policy recommendations made by the SB 321 Advisory Committee to the California Legislature on steps that it should take to protect the health and safety of domestic workers. SB 686 would eliminate the exclusion of privately paid "household domestic service" employees from California's Occupational Safety and Health Act (Cal/OSHA). Additionally, SB 686 would support domestic service employers to be able to provide healthy and safe conditions by establishing a financial and technical assistance program, and would expand the existing Domestic Worker and Employer Education and Outreach Program to include health and safety outreach and education."
The California Association for Health Services at Home (CAHSAH) has a support if amended position and states, "While we appreciate the public safety intent of this bill, an employer has no authority to grant free access to a residence for the Division. An employer is not the homeowner and licensed home care aides fall under the definition of domestic services employees and are employees of licensed home care aide organizations. It is therefore imperative that consideration be made to ensure the Division has access to a private residence without requiring that an employer grant entrance to a specific private residence.
For the above reasons, CAHSAH respectfully requests that SB 686 be amended to account for the fact that domestic services employees are also employed by licensed home care aide organizations and those organizations have no legal authority to enter private homes or grant access to them."
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Assembly Appropriations Committee:
- Costs of approximately $44 million in the first year and $42 million annually thereafter to Cal/OSHA to adopt industry guidance, propose and adopt additional regulations if necessary, and provide enforcement of applicable regulations, although the amount of resources to be allocated to each duty is unclear. The Department of Finance's analysis of this bill notes Cal/OSHA-related activities are traditionally funded from employer assessments, but "Because of the inability to assess a fee on private homeowners employing domestic service employees, it is assumed enforcement costs as a result of this bill will be borne by the General Fund."
- Ongoing cost pressures of an unknown, but likely minor, amount to Cal/OSHA by expanding the scope of the Education Program to require Cal/OSHA to consult and meet quarterly with CBOs regarding core materials and enforcement strategies. The Budget Act of 2023 appropriates $35 million to Cal/OSHA to administer existing provisions of the Education Program, which is available for encumbrance and expenditure until June 30, 2029 (Labor and Workforce Development Fund).
VOTES
SENATE FLOOR: 24-8-8
YES: Allen, Archuleta, Ashby, Atkins, Becker, Bradford, Cortese, Durazo, Eggman, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Newman, Padilla, Portantino, Roth, Skinner, Smallwood-Cuevas, Umberg, Wahab, Wiener
NO: Dahle, Jones, Min, Nguyen, Niello, Ochoa Bogh, Seyarto, Wilk
ABS, ABST OR NV: Alvarado-Gil, Blakespear, Caballero, Dodd, Glazer, Grove, Rubio, Stern
ASM LABOR AND EMPLOYMENT: 7-0-0
YES: Kalra, Flora, Chen, Haney, Ortega, Reyes, Ward
ASM APPROPRIATIONS: 11-4-1
YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Weber, Wilson
NO: Megan Dahle, Dixon, Mathis, Sanchez
ABS, ABST OR NV: Soria
UPDATED
VERSION: September 8, 2023
CONSULTANT: Megan Lane / L. & E. / (916) 319-2091 FN: 0002147
SENATE THIRD READING
STR Bill Id:SB 686
Author:(Durazo)
As Amended Ver:September 1, 2023
Majority vote
SUMMARY
Removes the "household domestic service" exemption from the California Occupational Safety and Health Act (Act) so as to apply it to most domestic workers, requires the Division of Occupational Safety and Health (Cal/OSHA) to adopt industry guidance on employer legal obligations under occupational safety and health laws, and requires household domestic services employers to comply with all applicable occupational safety and health regulations by January 1, 2025.
Major Provisions
- Removes the "household domestic service" exemption from the Act's definition of employment, thereby extending the Act's health and safety protections to most domestic workers. Household domestic service that is publicly funded and family day care homes, as specified, are not included in the definition of employment.
- States that community-based organizations (CBOs) shall be responsible for developing and consulting with Cal/OSHA regarding core education and outreach materials covering health and safety standards, retaliation, and Cal/OSHA's workplace safety complaint and retaliation process, including specific issues that affect the domestic work industry differently. The materials shall be translated into non-English languages as may be appropriate, as specified.
- Requires, on and after July 1, 2024, the Chief of Cal/OSHA, representatives of the consultation services and enforcement branches of Cal/OSHA, and CBOs to meet quarterly, or more frequently at the discretion of Cal/OSHA, to coordinate efforts around outreach, education, and enforcement, including sharing information, in accordance with applicable privacy and confidentiality laws, that will shape and inform the overall enforcement, education, and outreach strategies of Cal/OSHA for the domestic work industry.
- States that the Division of Labor Standards Enforcement (DLSE) and Cal/OSHA shall not expend more than five percent of the budget allocation on the administration of the education and outreach program.
- Requires, by July 1, 2024, Cal/OSHA to adopt industry guidance to assist household domestic service employers on their legal obligations under existing occupational safety and health laws and regulations that apply to household domestic service employees. The guidance shall be consistent with the voluntary industry guidelines established by the Household Domestic Services Employment Safety Committee.
- Requires, by January 1, 2025, a household domestic services employer to comply with, and adhere to, all applicable occupational safety and health regulations.
- Provides that if Cal/OSHA determines that additional industry-specific regulations are necessary, Cal/OSHA shall propose those regulations to the standards board for its review and the standards board shall adopt regulations by January 1, 2026.
COMMENTS
In the United States, domestic workers, largely women and persons of color, have been historically excluded from the most basic labor protections. Some of our key federal labor laws--the National Labor Relations Act, the Fair Labor Standards Act, and OSHA-- have at some point, if not currently, excluded these workers. The law's failure to recognize domestic work as real work has left these workers particularly vulnerable to workplace injuries and illness, with little recourse. A June 2020 report from the University of California, Los Angeles (UCLA) Labor and Occupational Safety and Health Program found that 85% of domestic workers surveyed experience musculoskeletal injuries that are associated with chronic pain.[1] Many respondents reported continuing to work through their injuries for fear of job or financial loss.[2] Such injuries could be prevented by appropriate health and safety guidance and subsequent legal compliance as provided by this measure.
The scope and process of the SB 321 Advisory Committee
It's worth noting that the SB 321 Advisory Committee on household employment safety was extensive both in its' scope and level of engagement. The Committee was made up of a diverse group of stakeholders, including employers, workers, non-profit advocates, and health and safety experts. The Committee met for nine months during 2022 and heard presentations from labor researchers, the largest day laborer organization in the state, and the National Domestic Workers Alliance. In addition, the Committee's process was informed by presentations from the California Domestic Workers Coalition (CDWC) on the findings from a series of listening sessions that engaged 17 organizations with approximately 600 participants: 325 domestic workers, 245 day laborers, and 30 employers.
The instructive policy recommendations released by the Committee are grouped into four categories: legal responsibilities and enforcement, support for employer compliance, outreach and education, and partnerships with community organizations. Of the many recommendations falling under the first category regarding enforcement, a key one relates to balancing the privacy concerns of household employers with protecting workers' health. With this goal in mind, the Committee recommended a more informal approach to legal enforcement. It suggested that Cal/OSHA begin any domestic workplace inspection offsite by employing such strategies as letters or phone calls as a first warning and then referring employers to a mediation program to encourage compliance without issuing a citation. This recommendation reflects an informed response to some domestic employers' sensitivity to home inspections.
According to the Author
"For too long, the workers we entrust to care for our loved ones and our homes have been marginalized and dehumanized by intentional exclusion from our work place health and safety laws. Yet these workers are regularly exposed to health and safety threats, like toxic cleaning products, extreme heat, wildfire smoke, and lifting injuries in the home workplace.
In 2021, the Governor signed my SB 321, which created an advisory committee composed of domestic workers, employers and occupational health and safety experts to develop voluntary industry-specific health and safety guidelines and make policy recommendations to the Legislature to strengthen the workplace health and safety of household domestic services employees.
The advisory committee met throughout 2022 and earlier this year released their report with voluntary guidance for household domestic service employers and the advisory committee's policy recommendations. The Advisory Committee's top recommendation was to remove the household domestic services exclusions from Cal/OSHA. SB 686 does just that and additionally, the bill establishes a financial assistance program to help low income employers make their homes safer work places and expands the existing Domestic Worker and Employer Outreach and Education Program to cover workplace safety issues.
Employers played a critical role in developing the Advisory Committee's recommendations and SB 686 takes the next step to provide resources and tools to support them in ensuring health and safety protections for the workers they hire."
The author further states that the bill promotes equity because "domestic workers, who in California are largely low wage immigrant women of color, have been historically excluded from not just health and safety laws but, until recently, from most basic labor law protections. The intersection of race, gender, and class resulted in a devaluation of domestic labor that continues to reverberate today. While other workers gained labor protection at the turn of the twentieth century, domestic workers – by the 1930s numbering as many as those in "the railroads, coal mines, and automobile industry combined" – were categorically excluded, from the Fair Labor Standards Act, the National Labor Relations Act, the Social Security, and the Occupational Safety and Health Act. In the past decade, domestic workers have created a robust worker movement and sustained organizing to remove these historical exclusions and to have their work seen as "real work" and to be protected equally by labor laws that govern all other workers/employers."
Arguments in Support
The California Domestic Workers Coalition, sponsor of this bill, states, "SB 686 would advance key policy recommendations made by the SB 321 Advisory Committee to the California Legislature on steps that it should take to protect the health and safety of domestic workers. SB 686 would eliminate the exclusion of privately paid "household domestic service" employees from California's Occupational Safety and Health Act (Cal/OSHA). Additionally, SB 686 would support domestic service employers to be able to provide healthy and safe conditions by establishing a financial and technical assistance program, and would expand the existing Domestic Worker and Employer Education and Outreach Program to include health and safety outreach and education."
The California Association for Health Services at Home (CAHSAH) has a support if amended position and states, "While we appreciate the public safety intent of this bill, an employer has no authority to grant free access to a residence for the Division. An employer is not the homeowner and licensed home care aides fall under the definition of domestic services employees and are employees of licensed home care aide organizations. It is therefore imperative that consideration be made to ensure the Division has access to a private residence without requiring that an employer grant entrance to a specific private residence.
For the above reasons, CAHSAH respectfully requests that SB 686 be amended to account for the fact that domestic services employees are also employed by licensed home care aide organizations and those organizations have no legal authority to enter private homes or grant access to them."
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Assembly Appropriations Committee:
- Costs of approximately $44 million in the first year and $42 million annually thereafter to Cal/OSHA to adopt industry guidance, propose and adopt additional regulations if necessary, and provide enforcement of applicable regulations, although the amount of resources to be allocated to each duty is unclear. The Department of Finance's analysis of this bill notes Cal/OSHA-related activities are traditionally funded from employer assessments, but "Because of the inability to assess a fee on private homeowners employing domestic service employees, it is assumed enforcement costs as a result of this bill will be borne by the General Fund."
- Ongoing cost pressures of an unknown, but likely minor, amount to Cal/OSHA by expanding the scope of the Education Program to require Cal/OSHA to consult and meet quarterly with CBOs regarding core materials and enforcement strategies. The Budget Act of 2023 appropriates $35 million to Cal/OSHA to administer existing provisions of the Education Program, which is available for encumbrance and expenditure until June 30, 2029 (Labor and Workforce Development Fund).
VOTES
SENATE FLOOR: 24-8-8
YES: Allen, Archuleta, Ashby, Atkins, Becker, Bradford, Cortese, Durazo, Eggman, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Newman, Padilla, Portantino, Roth, Skinner, Smallwood-Cuevas, Umberg, Wahab, Wiener
NO: Dahle, Jones, Min, Nguyen, Niello, Ochoa Bogh, Seyarto, Wilk
ABS, ABST OR NV: Alvarado-Gil, Blakespear, Caballero, Dodd, Glazer, Grove, Rubio, Stern
ASM LABOR AND EMPLOYMENT: 7-0-0
YES: Kalra, Flora, Chen, Haney, Ortega, Reyes, Ward
ASM APPROPRIATIONS: 11-4-1
YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Weber, Wilson
NO: Megan Dahle, Dixon, Mathis, Sanchez
ABS, ABST OR NV: Soria
UPDATED
VERSION: September 1, 2023
CONSULTANT: Megan Lane / L. & E. / (916) 319-2091 FN: 0001546
Date of Hearing: August 23, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
SBPCA Bill Id:SB 686
Author:(Durazo) – As Introduced Ver:February 16, 2023
Policy Committee: | Labor and Employment | Vote: | 7 - 0 |
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Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill revises the definition of employment under the California Occupational Safety and Health Act (Act) to include household domestic service.
Specifically, this bill:
- Repeals the general exemption of “household domestic service” from the definition of employment under the Act and limits the exemption to publicly funded household domestic service and family daycare homes.
- Requires, by July 1, 2024, the Division of Occupational Safety and Health (Cal/OSHA) to adopt industry guidance to assist household domestic service employers on their legal obligations under now-applicable occupational safety and health laws. Such guidance must be consistent with the voluntary industry guidelines established by the Household Domestic Services Employment Safety Committee (Advisory Committee). If Cal/OSHA determines additional industry-specific regulations are necessary, Cal/OSHA must propose those regulations to the Occupational Safety and Health Standards Board for review and adoption by January 1, 2026.
- Requires, by January 1, 2025, a household domestic services employer to comply with all applicable occupational safety and health regulations.
- Requires, as part of the existing Domestic Worker Rights Education and Outreach Program (Education Program) administered, upon appropriation, by the Division of Labor Standards Enforcement (DLSE), community-based organizations (CBOs) be responsible for developing and consulting with Cal/OSHA regarding core education and outreach materials for the domestic work industry regarding health and safety standards, CAL/OSHA’s complaint and retaliation processes, and other industry-specific issues. Beginning July 1, 2024, Cal/OSHA and CBOs must meet at least quarterly to coordinate outreach, education, and enforcement efforts that will shape such strategies by Cal/OSHA regarding the domestic work industry.
- Requires, upon appropriation, between July 1, 2024, and July 1, 2029, Cal/OSHA to establish and administer the Household Domestic Services Employment Safety and Technical Assistance Program (TA Program) to provide one-time grants and technical assistance to household domestic service employers that have demonstrated financial hardship in ensuring a safe working environment for employees.
FISCAL EFFECT:
- Costs of approximately $44 million in the first year and $42 million annually thereafter to Cal/OSHA to adopt industry guidance, propose and adopt additional regulations if necessary, and provide enforcement of applicable regulations, although the amount of resources to be allocated to each duty is unclear. The Department of Finance’s analysis of this bill notes Cal/OSHA-related activities are traditionally funded from employer assessments, but “Because of the inability to assess a fee on private homeowners employing domestic service employees, it is assumed enforcement costs as a result of this bill will be borne by the General Fund.”
- Ongoing cost pressures of an unknown, but likely minor, amount to Cal/OSHA by expanding the scope of the Education Program to require Cal/OSHA to consult and meet quarterly with CBOs regarding core materials and enforcement strategies. The Budget Act of 2023 appropriates $35 million to Cal/OSHA to administer existing provisions of the Education Program, which is available for encumbrance and expenditure until June 30, 2029 (Labor and Workforce Development Fund).
- Ongoing cost pressures of an unknown, but likely significant, amount to Cal/OSHA to provide one-time grants to employers under the TA Program (General Fund). Establishment of the TA Program is contingent on an appropriation, but funding for this purpose was not included in the Budget Act of 2023.
COMMENTS:
- Purpose. According to the author:
For too long, the workers we entrust to care for our loved ones and our homes have been marginalized and dehumanized by intentional exclusion from our work place health and safety laws. Yet these workers are regularly exposed to health and safety threats, like toxic cleaning products, extreme heat, wildfire smoke, and lifting injuries in the home workplace.
In 2021, the Governor signed my SB 321, which created an advisory committee composed of domestic workers, employers and occupational health and safety experts…The Advisory Committee’s top recommendation was to remove the household domestic services exclusions from Cal/OSHA.
This bill is co-sponsored by the California Domestic Workers Coalition, California Employment Lawyers Association, California Immigrant Policy Center, Equal Rights Advocates, and Worksafe. This bill is also supported by a large coalition of civil rights and workers’ rights groups.
- Background.
Advisory Committee. SB 321, Chapter 332, Statutes of 2021, required Cal/OSHA to convene an Advisory Committee to make policy recommendations and create voluntary guidance to protect the health and safety of privately funded household domestic service employees, such as house cleaners, nannies, gardeners and handypersons. The Advisory Committee was comprised of employers, workers, non-profit advocates, and health and safety experts and met over the course of nine months in 2022. The final policy recommendations were grouped into four categories: (a) legal responsibilities and enforcement, including removal of the household domestic services exclusion from the Labor Code, (b) support for employer compliance, (c) outreach and education, and (d) partnerships with community organizations. Additionally, the Advisory Committee published voluntary guidelines to describe how employers can make the home a safe workplace to protect workers from injury and illness on the job. This bill begins to implement the Advisory Committee’s recommendations.
Enforcement Strategies. The California Association for Health Services at Home supports this bill if “amended to account for the fact that domestic services employees are also employed by licensed home care aide organizations and those organizations have no legal authority to enter private homes or grant access to them.” This concern stems from how Cal/OSHA enforcement and investigations may be conducted in a private home, as there is generally no expectation of privacy in other employment settings. With privacy considerations in mind, the Advisory Committee recommended a more informal approach to legal enforcement, suggesting Cal/OSHA begin any domestic workplace inspection offsite by utilizing letters or phone calls as a first warning and referring employers to a mediation program. Ultimately, this bill tasks Cal/OSHA with developing education and enforcement strategies in consultation with CBOs. And, while this bill acknowledges employer challenges by requiring Cal/OSHA to establish a TA Program, funding for such a program was not included in this year’s state budget.
- Prior Legislation. SB 1257 (Durazo), of the 2019-20 Legislative Session, would have ended the exemption of household domestic services from Cal/OSHA jurisdiction, set a procedure for workplace complaints to be filed and investigated, and established an advisory committee to develop industry-specific regulations. SB 1257 was vetoed by Governor Newsom, who stated “new laws in this area must recognize that the places where people live cannot be treated in the exact same manner as a traditional workplace or worksite from a regulatory perspective” and that “Many individuals to whom this law would apply to lack the expertise to comply with these regulations.”
Analysis Prepared by: Irene Ho / APPR. / (916) 319-2081
Date of Hearing: June 28, 2023
ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
Ash Kalra, Chair
SBPCA Bill Id:SB 686
Author:(Durazo) – As Introduced Ver:February 16, 2023
SENATE VOTE: 24-8
SUBJECT: Domestic workers: occupational safety
SUMMARY: Removes the "household domestic service" exemption from the California Occupational Safety and Health Act (Act) so as to apply it to most domestic workers, requires the Division of Occupational Safety and Health (Cal/OSHA) to adopt industry guidance on employer legal obligations under occupational safety and health laws, and requires household domestic services employers to comply with all applicable occupational safety and health regulations by January 1, 2025. Specifically, this bill:
- Makes findings and declarations regarding the importance of removing the household domestic service exemption from state health and safety law.
- Removes the "household domestic service" exemption from the Act’s definition of employment, thereby extending the Act's health and safety protections to most domestic workers. Household domestic service that is publicly funded and family day care homes, as specified, are not included in the definition of employment.
- States that community-based organizations (CBOs) shall be responsible for developing and consulting with Cal/OSHA regarding core education and outreach materials covering health and safety standards, retaliation, and Cal/OSHA’s workplace safety complaint and retaliation process, including specific issues that affect the domestic work industry differently. The materials shall be translated into non-English languages as may be appropriate, as specified.
- Requires, on and after July 1, 2024, the Chief of Cal/OSHA, representatives of the consultation services and enforcement branches of Cal/OSHA, and CBOs to meet quarterly, or more frequently at the discretion of Cal/OSHA, to coordinate efforts around outreach, education, and enforcement, including sharing information, in accordance with applicable privacy and confidentiality laws, that will shape and inform the overall enforcement, education, and outreach strategies of Cal/OSHA for the domestic work industry.
- States that Cal/OSHA shall not expend more than five percent of the budget allocation on the administration of the education and outreach program.
- Removes the January 1, 2025, repeal date for provisions related to the domestic worker and employer education and outreach program established by the Department of Labor Standards and Enforcement (LC).
- Requires, by July 1, 2024, Cal/OSHA to adopt industry guidance to assist household domestic service employers on their legal obligations under existing occupational safety and health laws and regulations that apply to household domestic service employees. The guidance shall be consistent with the voluntary industry guidelines established by the Household Domestic Services Employment Safety Committee.
- Requires, by January 1, 2025, a household domestic services employer to comply with, and adhere to, all applicable occupational safety and health regulations.
- Provides that if Cal/OSHA determines that additional industry-specific regulations are necessary, Cal/OSHA shall propose those regulations to the standards board for its review and the standards board shall adopt regulations by January 1, 2026.
- Requires Cal/OSHA, upon appropriation of funds by the Legislature, to establish and administer the Household Domestic Services Employment Safety and Technical Assistance Program (Program) for the purpose of providing one-time grants and technical assistance to household domestic service employers.
- Requires financial assistance under this Program to be available to household domestic service employers that have demonstrated financial hardship in ensuring a safe working environment for household domestic service employees. The funds shall be used for tools, supplies, equipment, or physical alteration of the home to promote and protect the health and safety of household domestic service employees.
- States that Cal/OSHA shall not expend more than 5 percent of the budget allocation on the administration of the program.
- Provides that the Program shall commence by July 1, 2024, and continue until July 1, 2029, with an opportunity to expand or renew contingent on the additional allocation of state funds or identification of other revenue sources.
EXISTING LAW:
- Creates the Act to assure the 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 education, training, and enforcement in the field of occupational safety and health. Labor Code §6300.
- Establishes Cal/OSHA within the Department of Industrial Relations (DIR) to, among other things, propose, administer, and enforce occupational safety and health standards. Labor Code §6308.
- Defines, for purposes of the Act, “employment” to include the carrying on of any trade, enterprise, project, industry, business, occupation, or work, including all excavation, demolition, and construction work, or any process or operation in any way related thereto, in which any person is engaged or permitted to work for hire, except household domestic service. Labor Code §6303(b).
- Defines “domestic work” as services related to the care of persons in private households or maintenance of private households or their premises. Domestic work occupations include childcare providers, caregivers of people with disabilities, sick, convalescing, or elderly persons, house cleaners, housekeepers, maids and other household occupations. Labor Code §1451(a)(1).
- Requires the Chief of Cal/OSHA, or a representative of the Chief, to convene an advisory committee for the purposes of creating voluntary guidance and making recommendations to the DIR and the Legislature on policies the state may adopt to protect the health and safety of privately funded household domestic service employees, except publicly funded household domestic service and family daycare homes, as specified. Labor Code §6305.1(a)(1).
- Requires the advisory committee to develop voluntary industry-specific occupational health and safety guidance for the purpose of the following:
- Educating household domestic service employees on how, to the extent possible, they may identify and evaluate workplace hazards and prevent or minimize work-related injuries and illnesses.
- Educating household domestic service employers on how they may create safer workplaces by identifying and evaluating workplace hazards and how to prevent or minimize work-related injuries and illnesses for their employees. Labor Code §6305.1(f).
- Requires the advisory committee, in consultation with various state entities, to make recommendations on what additional policies may be adopted by the DIR or the Legislature to protect the health and safety of household domestic service employees. Labor Code §6305.1(g).
- Requires the LC, upon appropriation, to establish and maintain an outreach and education program. The purpose of the program shall be to promote awareness of, and compliance with, labor protections that affect the domestic work industry and to promote fair and dignified labor standards in this industry and other low-wage industries. Labor Code §1455(a)(1).
- Provides that the outreach and education program shall continue until June 30, 2024, with an opportunity to expand or renew contingent on allocation of state funds or identification of other revenue sources. Labor Code §1455(b).
- Requires the LC to issue a competitive request to qualified CBOs, as specified, to provide education and outreach services primarily focused on, but not limited to, domestic work employees and employers. Labor Code §1455(c).
- States that CBOs are responsible for developing, and consulting with the LC regarding, the core education and outreach materials regarding minimum wage, overtime, sick leave, record-keeping, retaliation, and the LC’s wage adjudication and retaliation process, including specific issues that affect certain industries, such as the domestic work industry, differently. The materials shall be translated into non-English languages as may be appropriate, as specified. Labor Code §1455(d).
- Requires the LC and the CBOs to meet at least biannually to coordinate efforts around outreach, education, and enforcement, including sharing information, in accordance with applicable privacy and confidentiality laws, that will shape and inform the overall enforcement strategy of the LC regarding low-wage industries, including the domestic work industry. Labor Code §1455(e).
- Repeals, as of January 1, 2025, the provisions related to the outreach and education program. Labor Code §1455(g).
FISCAL EFFECT: According to the Senate Committee on Appropriations, administrative costs to the Department of Industrial Relations (DIR) have yet to be determined. However, total costs resulting from the bill would likely be, at a minimum, in the millions of dollars annually, potentially reaching the tens of millions of dollars (special fund).
Additionally, the bill would result in a cost pressure to appropriate funds for the Household Domestic Services Employment Safety and Technical Assistance Program for the purpose of providing one-time grants and technical assistance to household domestic service employers. The amount is unknown, but also likely in the millions of dollars on a one-time basis.
COMMENTS: In the United States, domestic workers, largely women and persons of color, have been historically excluded from the most basic labor protections. Some of our key federal labor laws--the National Labor Relations Act, the Fair Labor Standards Act, and OSHA-- have at some point, if not currently, excluded these workers. The law’s failure to recognize domestic work as real work has left these workers particularly vulnerable to workplace injuries and illness, with little recourse. A June 2020 report from the UCLA Labor and Occupational Safety and Health Program found that 85% of domestic workers surveyed experience musculoskeletal injuries that are associated with chronic pain.[1] Many respondents reported continuing to work through their injuries for fear of job or financial loss.[2] Such injuries could be prevented by appropriate health and safety guidance and subsequent legal compliance as provided by this measure.
The scope and process of the SB 321 Advisory Committee
It’s worth noting that the SB 321 Advisory Committee on household employment safety was extensive both in its’ scope and level of engagement. The Committee was made up of a diverse group of stakeholders, including employers, workers, non-profit advocates, and health and safety experts. The Committee met for nine months during 2022 and heard presentations from labor researchers, the largest day laborer organization in the state, and the National Domestic Workers Alliance. In addition, the Committee’s process was informed by presentations from the California Domestic Workers Coalition (CDWC) on the findings from a series of listening sessions that engaged 17 organizations with approximately 600 participants: 325 domestic workers, 245 day laborers, and 30 employers.
The instructive policy recommendations released by the Committee are grouped into four categories: legal responsibilities and enforcement, support for employer compliance, outreach and education, and partnerships with community organizations. Of the many recommendations falling under the first category regarding enforcement, a key one relates to balancing the privacy concerns of household employers with protecting workers’ health. With this goal in mind, the Committee recommended a more informal approach to legal enforcement. It suggested that Cal/OSHA begin any domestic workplace inspection offsite by employing such strategies as letters or phone calls as a first warning and then referring employers to a mediation program to encourage compliance without issuing a citation. This recommendation reflects an informed response to some domestic employers’ sensitivity to home inspections.
According to the author, “For too long, the workers we entrust to care for our loved ones and our homes have been marginalized and dehumanized by intentional exclusion from our work place health and safety laws. Yet these workers are regularly exposed to health and safety threats, like toxic cleaning products, extreme heat, wildfire smoke, and lifting injuries in the home workplace.
In 2021, the Governor signed my SB 321, which created an advisory committee composed of domestic workers, employers and occupational health and safety experts to develop voluntary industry-specific health and safety guidelines and make policy recommendations to the Legislature to strengthen the workplace health and safety of household domestic services employees.
The advisory committee met throughout 2022 and earlier this year released their report with voluntary guidance for household domestic service employers and the advisory committee’s policy recommendations. The Advisory Committee’s top recommendation was to remove the household domestic services exclusions from Cal/OSHA. SB 686 does just that and additionally, the bill establishes a financial assistance program to help low income employers make their homes safer work places and expands the existing Domestic Worker and Employer Outreach and Education Program to cover workplace safety issues.
Employers played a critical role in developing the Advisory Committee’s recommendations and SB 686 takes the next step to provide resources and tools to support them in ensuring health and safety protections for the workers they hire.”
The author further states that the bill promotes equity because “domestic workers, who in California are largely low wage immigrant women of color, have been historically excluded from not just health and safety laws but, until recently, from most basic labor law protections. The intersection of race, gender, and class resulted in a devaluation of domestic labor that continues to reverberate today. While other workers gained labor protection at the turn of the twentieth century, domestic workers—by the 1930s numbering as many as those in “the railroads, coal mines, and automobile industry combined”—were categorically excluded, from the Fair Labor Standards Act, the National Labor Relations Act, the Social Security, and the Occupational Safety and Health Act. In the past decade, domestic workers have created a robust worker movement and sustained organizing to remove these historical exclusions and to have their work seen as “real work” and to be protected equally by labor laws that govern all other workers/employers.”
Arguments in Support
The California Domestic Workers Coalition, sponsor of the bill, states, “SB 686 would advance key policy recommendations made by the SB 321 Advisory Committee to the California Legislature on steps that it should take to protect the health and safety of domestic workers. SB 686 would eliminate the exclusion of privately paid “household domestic service” employees from California’s Occupational Safety and Health Act (Cal/OSHA). Additionally, SB 686 would support domestic service employers to be able to provide healthy and safe conditions by establishing a financial and technical assistance program, and would expand the existing Domestic Worker and Employer Education and Outreach Program to include health and safety outreach and education.”
The California Association for Health Services at Home (CAHSAH) has a support if amended position and states, “While we appreciate the public safety intent of this bill, an employer has no authority to grant free access to a residence for the Division. An employer is not the homeowner and licensed home care aides fall under the definition of domestic services employees and are employees of licensed home care aide organizations. It is therefore imperative that consideration be made to ensure the Division has access to a private residence without requiring that an employer grant entrance to a specific private residence.
For the above reasons, CAHSAH respectfully requests that SB 686 be amended to account for the fact that domestic services employees are also employed by licensed home care aide organizations and those organizations have no legal authority to enter private homes or grant access to them.”
Arguments in Opposition
None on file.
Prior Legislation
SB 321 (Durazo) Chapter 332, Statutes of 2021, required the Division of Occupational Safety and Health (Cal/OSHA) to convene an advisory committee for the purposes of creating voluntary guidance and making recommendations on policies the state my adopt to protect the health and safety of privately funded household domestic service employees and to make the guidance publicly available no later than January 1, 2023.
SB 1257 (Durazo) of 2020 would have removed the household domestic service exemption from California's Occupational Safety and Health Act to cover most domestic workers except those workers who are publicly funded unless they are subject to specified general industry safety orders. In addition, convenes an advisory committee to recommend for adoption regulations related to household domestic service by the Occupational Safety and Health Standards Board (OSHSB). The bill was vetoed by Governor Newsom.
AB 2658 (Burke) Chapter 288, Statutes of 2020, makes it a crime for a person, after receiving notice to evacuate or leave, to willfully and knowingly direct an employee to remain in, or enter, an area closed under prescribed provisions of law due to a menace to the public health or safety. The bill defined “employee” for this purpose to include a person receiving employment for household domestic service.
SB 1015 (Leyva) Chapter 315, Statutes of 2016, deleted the January 1, 2017, repeal date for the provisions under the Domestic Worker Bill of Rights, thereby making the requirement permanent.
AB 241 (Ammiano) Chapter 374, Statutes of 2013, enacted the “Domestic Worker Bill of Rights” to provide overtime compensation to domestic work employees who are personal attendants, but included a 1/1/17 sunset date.
AB 889 (Ammiano) of 2012 would have required, no later than January 1, 2014, the DIR to adopt regulations governing the working conditions of domestic work employees, as defined. The bill was vetoed by Governor Brown.
REGISTERED SUPPORT / OPPOSITION:
Support
California Domestic Workers Coalition (Co-Sponsor)
California Employment Lawyers Association (Co-Sponsor)
California Immigrant Policy Center (Co-Sponsor)
Equal Rights Advocates (Co-Sponsor)
Worksafe (Co-Sponsor)
Aapis for Civic Empowerment Education Fund
Asian Pacific Environmental Network
Bay Rising
Berkeley Labor and Occupational Health Program
Black Women for Wellness
Breast Cancer Prevention Partners
CA Work & Family Coalition
California Commission on Aging
California Labor Federation
California Legislative Women's Caucus
California Rural Legal Assistance Foundation
Caminante Cultural Foundation
Caring Across Generations
Catalyst Project
Change Californians for A Healthy and Green Economy
Chinese for Affirmative Action
Chinese Progressive Association
Clean Carwash Worker Center
Coalition for Humane Immigrant Rights
Day Worker Center of Mountain View
Disability Rights California
Dolores Street Community Services
El Centro Cultural De Mexico, Santa Ana
El/La Para Trans Latinas
Empowering Pacific Islander Communities
Filipino Advocates for Justice
Filipino Community Center
Filipino Migrant Center
First Mennonite Church of San Francisco
Gabriela Oakland
Grace - End Child Poverty in California
Grace Institute - End Child Poverty in Ca
Hand in Hand: Domestic Workers and Employers Network
Impact Sport Philanthropy
Institute of Popular Education of Southern California
Labor Occupational Health Program, UC Berkeley
Motivating Our Students Through Experience
Mujeres Unidas Y Activas
Multicultural Institute
National Domestic Workers Alliance
National Employment Law Project
National Women's Political Caucus of California
North Bay Jobs With Justice
Numerous Individuals
Or Shalom Jewish Community
Physicians for Social Responsibility - Los Angeles
Pilipino Association of Workers and Immigrants
Pilipino Workers Center
Pomona Economic Opportunity Center
Raizes Collective
Restaurant Opportunities Center of Los Angeles
San Francisco Living Wage Coalition
SEIU California
Senior & Disability Action
Showing Up for Racial Justice - Bay Area
Southern California Coalition for Occupational Safety and Health
The Restaurant Opportunities Center of Los Angeles
Trabajadores Unidos Workers United
UCLA Labor Center
UCLA Labor Occupational Safety & Health Program
US Academy for Training and Job Placement for Immigrant Community Services Center
Vision Y Compromiso
Warehouse Worker Resource Center
Women's Voices for The Earth
Working Partnerships USA
Support If Amended
California Association for Health Services At Home
Opposition
None on file.
Analysis Prepared by: Megan Lane / L. & E. / , Megan Lane / L. & E. /
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 686 |
THIRD READING
Bill No: SB 686
Author: Durazo (D), et al.
Introduced: 2/16/23
Vote: 21
SENATE LABOR, PUB. EMP. & RET. COMMITTEE: 4-1, 4/26/23
AYES: Cortese, Durazo, Laird, Smallwood-Cuevas
NOES: Wilk
SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/18/23
AYES: Portantino, Ashby, Bradford, Wahab, Wiener
NOES: Jones, Seyarto
SUBJECT: Domestic workers: occupational safety
SOURCE: California Domestic Workers Coalition
California Employment Lawyers Association
California Immigrant Policy Center
Equal Rights Advocates
Worksafe
DIGEST:
This bill makes specified changes to occupational safety law as it pertains to domestic workers including (1) removing the “household domestic service” exemption from the Occupational Safety and Health Act definition of employment; (2) requiring the Division of Occupational Safety and Health (Cal/OSHA) to adopt industry guidance to assist household domestic service employers understand their legal obligations that would now apply to them; (3) requiring all household domestic services employers to comply with, and adhere to, all applicable occupational safety and health regulations by January 1, 2025; and (4) appropriating funds to establish a Household Domestic Services Employment Safety and Technical Assistance program to provide one-time grants and technical assistance to household domestic service employers, as specified.
ANALYSIS:
Existing law:
- Assures, under the California Occupational Safety and Health Act (OSHA), 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)
- 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.)
- Establishes within DIR, the Division of Fair Labor Standards Enforcement (DLSE) lead by the Labor Commissioner, tasked with administering and enforcing labor code provisions concerning wages, hours and working conditions. (Labor Code §56)
- Establishes the Occupational Safety and Health Standards Board, within DIR, to promote, adopt, and maintain reasonable and enforceable standards that will ensure a safe and healthful workplace for workers. (Labor Code §140-147.6)
- Requires employers to establish, implement and maintain an effective Injury and Illness Prevention Program (IIPP) that is written and includes, among other things, the following elements (Labor Code §6401.7):
- A system for identifying and evaluating workplace hazards.
- Methods and procedures for correcting unsafe or unhealthy conditions.
- A training program instructing employees in general safe and healthy work practices and hazards specific to each job assignment.
- A system for communicating on occupational health and safety matters, including provisions to encourage employees to inform the employer of hazards at the worksite without fear of reprisal.
- 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. (Labor Code §6409.1)
- Defines, for purposes of OSHA, “employment” to include the carrying on of any trade, enterprise, project, industry, business, occupation, or work, including all excavation, demolition, and construction work, or any process or operation in any way related thereto, in which any person is engaged or permitted to work for hire, except household domestic service. (Labor Code §6303)
- Defines “domestic work” as services related to the care of persons in private households or maintenance of private households or their premises. Domestic work occupations include childcare providers, caregivers of people with disabilities, sick, convalescing, or elderly persons, house cleaners, housekeepers, maids and other household occupations. (Labor Code §1451)
- Regulates, under the Domestic Worker Bill of Rights, the hours of work of certain domestic work employees and provides an overtime compensation rate for those employees. Specifically, requires overtime compensation for any hours worked over nine in one day or over 45 hours in a workweek, paid at the rate of one and one-half times the employee's regular rate of pay for all hours worked over nine in a day and 45 in a workweek. (Labor Code §1450-1454)
- Requires the chief of Cal/OSHA to convene an advisory committee for the purposes of creating voluntary guidance and making recommendations to DIR and the Legislature on policies the state may adopt to protect the health and safety of privately funded household domestic service employees. (Labor Code §6305.1)
- States that in making these recommendations, the advisory group shall consider:
- How to protect the privacy of individuals who employ domestic workers in their private residences in the context of future potential enforcement of health and safety standards, orders, and regulations, including applicability to household domestic service employers of the existing civil monetary penalty structure for violations.
- Identifying and evaluating common hazards specific to the industry.
- The scope and applicability of existing regulations to the industry.
- The need to develop industry-specific requirements.
- How to conduct training and outreach to employers(ees) in the industry. (Labor Code §6305.1)
- Requires the DLSE, upon appropriation and until June 30, 2024, to establish and maintain an outreach and education program to promote awareness of, and compliance with, labor protections that affect the domestic work industry and to promote fair and dignified labor standards in this industry and other low-wage industries. (Labor Code §1455)
This bill:
- Makes findings and declarations highlighting, among other things, the challenges faced by domestic workers and the need to remove the household domestic services exclusion from the definition of employment.
- Amends the definition of “employment” under existing law to, except as specified, remove the household domestic service exception, thereby applying all Occupational Safety and Health Act provisions to domestic workers and their employers.
- Specifies that “employment” does not include either of the following:
- Household domestic service that is publicly funded, including service provided to a recipient, client, or beneficiary with a share of cost in that service, unless subject to Section 3342 or 5199 of Title 8 of the California Code of Regulations.
- Family daycare homes, as defined.
- Requires that Cal/OSHA, by July 1, 2024, adopt industry guidance, consistent with the existing voluntary guidelines, to assist household domestic service employers on their legal obligations under existing occupational safety and health laws and regulations that will apply to them.
- Requires household domestic services employers to comply with, and adhere to, all applicable occupational safety and health regulations by January 1, 2025.
- Authorizes Cal/OSHA, if the division determines that additional industry-specific regulations are necessary, to propose those to the standards board for its review and the standards board shall adopt regulations by January 1, 2026.
- Modifies the existing domestic worker outreach and education provisions to:
- Eliminate the July 1, 2024 inoperative and January 1, 2025 repeal date on the provisions, thereby making the program permanent.
- Specify that CBOs will be responsible for developing and consulting with Cal/OSHA regarding the core education and outreach materials on health and safety standards, retaliation, and the division’s workplace safety complaint and retaliation process, including specific issues that affect the domestic work industry differently.
- Specify that CBOs will be responsible for all costs related to the development, printing, advertising, or distribution of the materials.
- Require the materials to be translated into non-English languages, specified.
- On and after July 1, 2024, require the Chief of Cal/OSHA, representatives of the consultation services and enforcement branches and CBOs to meet quarterly, as specified, to coordinate efforts around outreach, education, and enforcement that will shape and inform the overall strategies.
- Specify that both the DLSE and Cal/OSHA shall not expend more than 5 percent of the budget allocation on the administration of the program.
- Requires Cal/OSHA to establish and administer, upon appropriation of funds by the Legislature, the Household Domestic Services Employment Safety and Technical Assistance Program for the purpose of providing one-time grants and technical assistance to household domestic service employers. Specifically, the assistance program would:
- Provide financial assistance to household domestic service employers that have demonstrated financial hardship in ensuring a safe working environment for household domestic service employees.
- Authorize funds to be used for tools, supplies, equipment, or physical alteration of the home to promote and protect the health and safety of domestic workers.
- Authorize technical assistance to be provided directly by division staff or through a contracted community-based organization.
- Prohibit Cal/OSHA from expending more than 5 percent of the budget allocation on the administration of the program.
- Commence by July 1, 2024, and continue until July 1, 2029, with an opportunity to expand or renew contingent on additional fund allocations or identification of other revenue sources.
Background
The concept of removing the domestic worker exclusion from the definition of “employment” for OSHA purposes has been the subject of several bills dating back to AB 889 (Ammiano) in 2011. The first successful change to the industry was in 2013, when AB 241 (Ammiano, Chapter 374) enacted the Domestic Worker Bill of Rights to regulate the hours of work of certain domestic work employees and provide an overtime compensation rate for these workers who were not previously entitled to overtime compensation. More recently, in 2019, SB 83 (Committee on Budget and Fiscal Review, Chapter 24) established the domestic worker outreach and education program within DLSE to promote awareness of, and compliance with, labor protections that affect the domestic work industry. In 2021, SB 321 (Durazo, Chapter 332) required that Cal/OSHA convene an advisory committee to provide voluntary guidance and make recommendations on policies the state may adopt to protect the health and safety of privately funded household domestic service employees.
SB 321 Committee Policy Recommendations to Protect the Health and Safety of Household Domestic Services Employees: Per the above-mentioned bill, both the guidelines and report on recommendations have been released by DIR. This bill takes some of the recommendations by the advisory committee including the removal of the household domestic services exclusion from the Labor Code.
[NOTE: Please see the Senate Labor, Public Employment and Retirement Committee analysis on this bill for more background information on the history of the issue and prior legislation.]
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee, administrative costs to the Department of Industrial Relations (DIR) have yet to be determined. However, total costs resulting from the bill would likely be, at a minimum, in the millions of dollars annually, potentially reaching the tens of millions of dollars (special fund). Additionally, this bill would result in a cost pressure to appropriate funds for the Household Domestic Services Employment Safety and Technical Assistance Program for the purpose of providing one-time grants and technical assistance to household domestic service employers. The amount is unknown, but also likely in the millions of dollars on a one-time basis.
SUPPORT: (Verified 5/18/23)
California Domestic Workers Coalition (co-source)
California Employment Lawyers Association (co-source)
California Immigrant Policy Center (co-source)
Equal Rights Advocates (co-source)
Worksafe (co-source)
AAPIs for Civic Empowerment Education Fund
Asian Pacific Environmental Network
Bay Rising
Berkeley Labor and Occupational Health Program
Black Women for Wellness
Breast Cancer Prevention Partners
California Commission on Aging
California Legislative Women's Caucus
California Rural Legal Assistance Foundation
Caminante Cultural Foundation
Caring Across Generations
Catalyst Project
Change Californians for a Healthy and Green Economy
Chinese for Affirmative Action
Chinese Progressive Association
Clean Carwash Worker Center
Coalition for Humane Immigrant Rights
Day Worker Center of Mountain View
Disability Rights California
Dolores Street Community Services
El Centro Cultural De Mexico, Santa Ana
El/la Para Trans Latinas
Filipino Advocates for Justice
Filipino Community Center
Filipino Migrant Center
First Mennonite Church of San Francisco
Gabriela Oakland
Grace End Child Poverty Institute
Grace Institute - End Child Poverty in California
Hand in Hand: the Domestic Employers Network
Instituto De Educacion Popular Del Sur De California
Motivating Our Students Through Experience
Mujeres Unidas Y Activas
National Domestic Workers Alliance
National Employment Law Project
National Women’s Political Caucus of California
Or Shalom Jewish Community
Physicians for Social Responsibility - Los Angeles
Pilipino Association for Workers and Immigrants - South Bay
Pilipino Workers Center
Pomona Economic Opportunity Center
Raizes Collective
San Francisco Living Wage Coalition
SEIU California
Senior Disability Action
Showing Up for Racial Justice Bay Area
Southern California Coalition for Occupational Safety and Health
The Restaurant Opportunities Center of Los Angeles
Trabajadores Unidos Workers United
UCLA Labor Occupational Safety & Health Program
US Academy for Training & Job Placement for Immigrant Community Services
Vision Y Compromiso
Warehouse Worker Resource Center
Women's Voices for The Earth
Working Partnerships USA
34 individuals
OPPOSITION: (Verified 5/18/23)
None received
ARGUMENTS IN SUPPORT: According to the California Immigrant Policy Center, one of the co-sponsors of this bill, “In California, there are over 300,000 domestic workers, 75 percent of whom are immigrant women of color, who have been historically excluded from the most basic labor protections.” They argue that, “Climate accelerated disasters have also magnified the vulnerability and dangers that domestic workers and day laborers face on a daily basis. During the wildfires that devastated California, domestic workers and other household workers were asked to stay behind to fight fires, guard homes or pets, work in smoky conditions, and clean up toxic ash. Workers were further put at risk when employers failed to tell them that the homes they work in were under mandatory evacuation. The growing frequency and intensity of wildfires, flooding, and other extreme weather events make it imperative that legislators take immediate legislative action to protect the health and safety of these workers.”
Prepared by: Alma Perez-Schwab / L., P.E. & R. / (916) 651-1556
5/20/23 13:05:25
**** END ****
SENATE COMMITTEE ON
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
SB 686 (Durazo) - Domestic workers: occupational safety
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
SB 686 would make specified changes to occupational safety law as it pertains to domestic workers. Specifically, it would do the following:
- Remove the “household domestic service” exemption from the Occupational Safety and Health Act definition of employment, thereby applying all of its requirements and obligations on household domestic service employers.
- Require the Division of Occupational Safety and Health (Cal/OSHA) to adopt industry guidance to assist household domestic service employers understand their legal obligations under existing occupational safety and health laws and regulations that would now apply to them.
- Require all household domestic services employers to comply with, and adhere to, all applicable occupational safety and health regulations by January 1, 2025.
- Appropriate funds to establish a Household Domestic Services Employment Safety and Technical Assistance program for the purpose of providing one-time grants and technical assistance to household domestic service employers demonstrating financial hardship in ensuring a safe working environment for their employees
Fiscal Impact:
Administrative costs to the Department of Industrial Relations (DIR) have yet to be determined. However, total costs resulting from the bill would likely be, at a minimum, in the millions of dollars annually, potentially reaching the tens of millions of dollars (special fund).
Additionally, the bill would result in a cost pressure to appropriate funds for the Household Domestic Services Employment Safety and Technical Assistance Program for the purpose of providing one-time grants and technical assistance to household domestic service employers. The amount is unknown, but also likely in the millions of dollars on a one-time basis.
Background:
Under current law, employers must have a written Injury and Illness Prevention Program that must be developed and implemented effectively by employers. Additionally, Cal/OSHA has a duty and authority to investigate workplaces for the safety and welfare of employees, either on its own motion or upon complaints. Additionally, Cal/OSHA is required to compile each year data pertaining to complaints received and citations issued and post it on its website. Historically, domestic workers have been excluded from occupational safety and health laws as well as other worker protections.
In 2021, SB 321 (Durazo) required Cal/OSHA to convene an Advisory Committee to provide voluntary guidance and make recommendations on policies the state may adopt to protect the health and safety of privately funded household domestic service employees. This bill also required Cal/OSHA to release and publicly post a report of the Advisory Committee on its internet website and submit a copy to the Legislature by January 1, 2023.
The report to DIR and the Legislature was released in December 2022 with recommendations that are grouped into four categories: (1) Legal Responsibilities and Enforcement, (2) Support for Employer Compliance, (3) Outreach and Education, and (4) Partnerships with Community Organizations
Among its recommendations for advancing the Advisory Committee’s view of the fundamental need for employers to have legal responsibility for the working conditions of domestic workers, the committee recommended removing the household domestic services exclusion from the California Labor Code.
Proposed Law:
This bill would, among other things, do the following:
- Amend the definition of “employment” under existing law to, except as specified, remove the household domestic service exception, thereby applying all Occupational Safety and Health Act provisions to domestic workers and their employers.
- Specify that “employment” does not include either of the following: (1) household domestic service that is publicly funded, including service provided to a recipient, client, or beneficiary with a share of cost in that service, unless subject to Section 3342 or 5199 of Title 8 of the California Code of Regulations, or (2) family daycare homes, as defined.
- Require that Cal/OSHA, by July 1, 2024, adopt industry guidance, consistent with the voluntary guidelines established by the Household Domestic Services Employment Safety Committee, to assist household domestic service employers on their legal obligations under existing occupational safety and health laws and regulations that apply to the work activity of household domestic service employees.
- Require household domestic services employers to comply with, and adhere to, all applicable occupational safety and health regulations by January 1, 2025.
- If Cal/OSHA determines that additional industry-specific regulations are necessary, authorize it to propose those regulations to the standards board for its review and the standards board shall adopt regulations by January 1, 2026.
- Modify the domestic worker outreach and education provisions in existing law to do the following:
- Eliminate the July 1, 2024 inoperative and January 1, 2025 repeal date on the provisions, thereby making the program permanent.
- Specify that CBOs will be responsible for developing and consulting with Cal/OSHA regarding the core education and outreach materials on health and safety standards, retaliation, and the division’s workplace safety complaint and retaliation process, including specific issues that affect the domestic work industry differently.
- Specify that CBOs will be responsible for all costs related to the development, printing, advertising, or distribution of the education and outreach materials.
- Require the materials to be translated into non-English languages as may be appropriate, as determined by the applicable CBO in consultation with Cal/OSHA.
- On and after July 1, 2024, require the Chief of Cal/OSHA, representatives of the consultation services and enforcement branches and CBOs to meet quarterly, as specified, to coordinate efforts around outreach, education, and enforcement, including sharing information, in accordance with applicable privacy and confidentiality laws, that will shape and inform the overall enforcement, education, and outreach strategies of Cal/OSHA regarding the domestic work industry.
- Specify that both the DLSE and Cal/OSHA shall not expend more than 5 percent of the budget allocation on the administration of the program.
- Require Cal/OSHA to establish and administer, upon appropriation of funds by the Legislature, the Household Domestic Services Employment Safety and Technical Assistance Program for the purpose of providing one-time grants and technical assistance to household domestic service employers. Specifically, the assistance program would:
- Provide financial assistance to household domestic service employers that have demonstrated financial hardship in ensuring a safe working environment for household domestic service employees.
- Authorize funds to be used for tools, supplies, equipment, or physical alteration of the home to promote and protect the health and safety of domestic workers.
- Authorize technical assistance to be provided directly by division staff or through a contracted community-based organization.
- Prohibit Cal/OSHA from expending more than 5 percent of the budget allocation on the administration of the program.
- Commence by July 1, 2024, and continue until July 1, 2029, with an opportunity to expand or renew contingent on the additional allocation of state funds or identification of other revenue sources.
Related Legislation:
- SB 321 (Durazo, Chapter 332, Statutes of 2021) requires Cal/OSHA to convene an advisory committee to provide voluntary guidance and make recommendations on policies the state may adopt to protect the health and safety of privately funded household domestic service employees. This bill also requires Cal/OSHA to release and publicly post a report of the advisory committee on its internet website and submit a copy to the Legislature by January 1, 2023.
- SB 1257 (Durazo, 2020), as enrolled, was identical to SB 321 as it left the Senate except implementation dates, which were a year earlier in SB 1257 and the exemption of family daycares. The bill was vetoed by the Governor.
- AB 2658 (Burke, Chapter 288, Statutes of 2020) made it a crime for a person, after receiving notice to evacuate or leave, to willfully and knowingly direct an employee to remain in, or enter, an area closed under prescribed provisions of law due to a menace to the public health or safety. The bill defined “employee” for this purpose to include a person receiving employment for household domestic service.
- SB 83 (Committee on Budget and Fiscal Review, Chapter 24, Statutes of 2019), among other things, established the domestic worker outreach and education program within DLSE to promote awareness of, and compliance with, labor protections that affect the domestic work industry and to promote fair and dignified labor standards in this industry.
- AB 241 (Ammiano, Chapter 374, Statutes of 2013) enacted the Domestic Worker Bill of Rights to regulate the hours of work of certain domestic work employees and provide an overtime compensation rate for those employees, with a January 1, 2017 sunset date. SB 1015 (Leyva, Chapter 315, Statutes of 2016) deleted the January 1, 2017 repeal date for the provisions under the Domestic Worker Bill of Rights, thereby making the requirement permanent.
-- END --
SENATE COMMITTEE ON LABOR, PUBLIC EMPLOYMENT AND RETIREMENT
Senator Dave Cortese, Chair
2023 - 2024 Regular
Bill No: SB 686 Hearing Date: April 26, 2023
Author: | Durazo | ||
Version: | February 16, 2023 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Alma Perez-Schwab | ||
SUBJECT: Domestic workers: occupational safety
KEY ISSUES
Should the Legislature remove the “household domestic service” exemption from the Occupational Safety and Health Act definition of employment, thereby applying all of its requirements and obligations on household domestic service employers?
Should the Division of Occupational Safety and Health (Cal/OSHA) be required to adopt industry guidance to assist household domestic service employers understand their legal obligations under existing occupational safety and health laws and regulations that would now apply to them?
Should all household domestic services employers be required to comply with, and adhere to, all applicable occupational safety and health regulations by January 1, 2025?
Should the Legislature appropriate funds to establish a Household Domestic Services Employment Safety and Technical Assistance program for the purpose of providing one-time grants and technical assistance to household domestic service employers demonstrating financial hardship in ensuring a safe working environment for their employees?
ANALYSIS
Existing law:
- Under the California Occupational Safety and Health Act (OSHA), 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)
- 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.)
- Defines a place of employment as “any place, and the premises appurtenant thereto, where employment is carried on, except a place where the health and safety jurisdiction is vested by law in, and actively exercised by, any state or federal agency other than the division. (Labor Code §6303(a)).
- Establishes that the jurisdictional reach of Cal/OSHA’s enforcement extends to “every employment and place of employment in this state, which is necessary adequately to enforce and administer all laws and lawful standards and orders, or special orders requiring such employment and place of employment to be safe, and requiring the protection of the life, safety, and health of every employee in such employment or place of employment.” (Labor Code §6307).
- 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):
- A system for identifying and evaluating workplace hazards, including scheduled periodic inspections to identify unsafe conditions and work practices.
- The employer’s methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner.
- 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.
- 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.
- 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)
- Requires Cal/OSHA, if the division learns or has reason to believe that an employment or place of employment is not safe or is injurious to the welfare of an employee, it may, on its own motion, or upon complaint, summarily investigate the employment or place of employment, with or without notice or hearings. Certain timeframes exist if a complaint is deemed to allege a serious violation. (Labor Code §6309)
- Defines, for purposes of OSHA, “employment” to include the carrying on of any trade, enterprise, project, industry, business, occupation, or work, including all excavation, demolition, and construction work, or any process or operation in any way related thereto, in which any person is engaged or permitted to work for hire, except household domestic service. (Labor Code §6303)
- Defines “domestic work” as services related to the care of persons in private households or maintenance of private households or their premises. Domestic work occupations include childcare providers, caregivers of people with disabilities, sick, convalescing, or elderly persons, house cleaners, housekeepers, maids and other household occupations. (Labor Code §1451)
- Establishes within DIR, the Division of Fair Labor Standards Enforcement (DLSE) lead by the Labor Commissioner, tasked with administering and enforcing labor code provisions concerning wages, hours and working conditions. (Labor Code §56)
- Establishes the Occupational Safety and Health Standards Board, within DIR, to promote, adopt, and maintain reasonable and enforceable standards that will ensure a safe and healthful workplace for workers. (Labor Code §140-147.6)
- Under the Domestic Worker Bill of Rights, regulates the hours of work of certain domestic work employees and provides an overtime compensation rate for those employees. Specifically, the law provides that a domestic work employee who is a personal attendant shall not be employed more than nine hours in any workday or more than 45 hours in any workweek unless the employee receives one and one-half times the employee's regular rate of pay for all hours worked over nine in a day and 45 in a workweek. (Labor Code §1450-1454)
- Requires the chief of Cal/OSHA, or a representative, to convene an advisory committee (since named Domestic Services Employment Safety Committee) for the purposes of creating voluntary guidance and making recommendations to the Department of Industrial Relations and the Legislature on policies the state may adopt to protect the health and safety of privately funded household domestic service employees. Requires the advisory committee to develop voluntary industry-specific occupational health and safety guidance for the purpose of the following:
- Educating household domestic service employees on how, to the extent possible, they may identify and evaluate workplace hazards and prevent or minimize work-related injuries and illnesses.
- Educating household domestic service employers on how they may create safer workplaces by identifying and evaluating workplace hazards and how to prevent or minimize work-related injuries and illnesses for their employees.
(Labor Code §6305.1)
- In making these recommendations, the advisory group shall consider the following:
- How to protect the privacy of individuals who employ domestic workers in their private residences in the context of future potential enforcement of health and safety standards, orders, and regulations, including applicability to household domestic service employers of the existing civil monetary penalty structure for violations.
- Identifying and evaluating common workplace hazards specific to the industry.
- The scope and applicability of existing regulations to the industry.
- The need to develop industry-specific requirements.
- How to conduct training and outreach to employers and employees in the industry.
(Labor Code §6305.1)
- Requires the Division of Labor Standards Enforcement, upon appropriation and until June 30, 2024, to establish and maintain an outreach and education program to promote awareness of, and compliance with, labor protections that affect the domestic work industry and to promote fair and dignified labor standards in this industry and other low-wage industries. As part of the program, authorizes:
- Cal/OSHA to issue competitive request to Community Based Organizations (CBOs) to provide education and outreach services, as specified.
- CBOs to be responsible for developing, and consulting with CalOSHA on, the core education and outreach materials regarding minimum wage, overtime, sick leave, record-keeping, retaliation, and the division wage adjudication and retaliation process, including specific issues that affect certain industries, such as the domestic work industry, differently.
- CBOs to be responsible for all costs related to the development, printing, advertising, or distribution of the education and outreach materials. The materials shall be translated into non-English languages as may be appropriate, as determined by the applicable CBO in consultation with the division. At the discretion of the division, the division shall have final approval over the education and outreach materials
(Labor Code §1455)
This bill:
- Makes findings and declarations highlighting, among other things, the challenges faced by domestic workers and the need to remove the household domestic services exclusion from the definition of employment.
- Amends the definition of “employment” under existing law to, except as specified, remove the household domestic service exception, thereby applying all Occupational Safety and Health Act provisions to domestic workers and their employers.
- Specifies that “employment” does not include either of the following:
- Household domestic service that is publicly funded, including service provided to a recipient, client, or beneficiary with a share of cost in that service, unless subject to Section 3342 or 5199 of Title 8 of the California Code of Regulations.
- Family daycare homes, as defined.
- Requires that Cal/OSHA, by July 1, 2024, adopt industry guidance, consistent with the voluntary guidelines established by the Household Domestic Services Employment Safety Committee, to assist household domestic service employers on their legal obligations under existing occupational safety and health laws and regulations that apply to the work activity of household domestic service employees.
- Requires household domestic services employers to comply with, and adhere to, all applicable occupational safety and health regulations by January 1, 2025.
- If the division determines that additional industry-specific regulations are necessary, authorizes Cal/OSHA to propose those regulations to the standards board for its review and the standards board shall adopt regulations by January 1, 2026.
- Modifies the domestic worker outreach and education provisions in existing law to:
- Eliminate the July 1, 2024 inoperative and January 1, 2025 repeal date on the provisions, thereby making the program permanent.
- Specify that CBOs will be responsible for developing and consulting with Cal/OSHA regarding the core education and outreach materials on health and safety standards, retaliation, and the division’s workplace safety complaint and retaliation process, including specific issues that affect the domestic work industry differently.
- Specify that CBOs will be responsible for all costs related to the development, printing, advertising, or distribution of the education and outreach materials.
- Require the materials to be translated into non-English languages as may be appropriate, as determined by the applicable CBO in consultation with Cal/OSHA.
- On and after July 1, 2024, require the Chief of Cal/OSHA, representatives of the consultation services and enforcement branches and CBOs to meet quarterly, as specified, to coordinate efforts around outreach, education, and enforcement, including sharing information, in accordance with applicable privacy and confidentiality laws, that will shape and inform the overall enforcement, education, and outreach strategies of Cal/OSHA regarding the domestic work industry.
- Specifies that both the DLSE and Cal/OSHA shall not expend more than 5 percent of the budget allocation on the administration of the program.
- Requires Cal/OSHA to establish and administer, upon appropriation of funds by the Legislature, the Household Domestic Services Employment Safety and Technical Assistance Program for the purpose of providing one-time grants and technical assistance to household domestic service employers. Specifically, the assistance program would:
- Provide financial assistance to household domestic service employers that have demonstrated financial hardship in ensuring a safe working environment for household domestic service employees.
- Authorizes funds to be used for tools, supplies, equipment, or physical alteration of the home to promote and protect the health and safety of domestic workers.
- Authorize technical assistance to be provided directly by division staff or through a contracted community-based organization.
- Prohibit Cal/OSHA from expending more than 5 percent of the budget allocation on the administration of the program.
- Commence by July 1, 2024, and continue until July 1, 2029, with an opportunity to expand or renew contingent on the additional allocation of state funds or identification of other revenue sources.
COMMENTS
1. Background: Domestic Worker Exclusion from Certain Employment Protections
In California, every employer has a legal obligation to provide and maintain a safe and healthful workplace for their employees. Under existing law, employers must have a written Injury and Illness Prevention Program that must be developed and implemented effectively by employers. Additionally, Cal/OSHA has a duty and authority to investigate workplaces for the safety and welfare of employees, either on its own motion or upon complaints. Additionally, Cal/OSHA is required to compile each year data pertaining to complaints received and citations issued and post it on its website.
Historically domestic workers have been excluded from occupational safety and health laws as well as many other worker protections. The reasons are related to the nature of the work, who performs the work, and a long history of treating these workers as an extension of the “household.” Domestic workers are amongst one of the most vulnerable and unprotected categories of workers. Many domestic workers may lack decent working conditions compounded with the fact that the sector often encompasses disadvantaged groups, including immigrants where language barriers pose additional challenges. A June 2020 report from the UCLA Labor and Occupational Safety and Health Program found that 85% of domestic workers surveyed experience musculoskeletal injuries that are associated with chronic pain. Many respondents reported continuing to work through their injuries for fear of job or financial loss.[1] Many of these injuries could be prevented by appropriate health and safety guidance that specifically targets this industry, both the domestic worker and the domestic worker employers.
The concept of removing the domestic worker exclusion from the definition of “employment” for OSHA purposes has been the subject of several bills dating back to AB 889 (Ammiano) in 2011. The first successful change to the industry was in 2013, when AB 241 (Ammiano) enacted the Domestic Worker Bill of Rights to regulate the hours of work of certain domestic work employees and provide an overtime compensation rate for these workers who were not previously entitled to overtime compensation. AB 241 included a January 1, 2017 sunset date on its provisions that was later removed by SB 1015 (Leyva) in 2016, making the overtime requirements permanent.
More recently, in 2019, SB 83 (Committee on Budget and Fiscal Review) established the domestic worker outreach and education program within DLSE to promote awareness of, and compliance with, labor protections that affect the domestic work industry. In 2021, SB 321 (Durazo) required that Cal/OSHA convene an advisory committee to provide voluntary guidance and make recommendations on policies the state may adopt to protect the health and safety of privately funded household domestic service employees. This bill also required Cal/OSHA to release and publicly post a report of the advisory committee on its internet website and submit a copy to the Legislature by January 1, 2023.
2. SB 321 Committee Policy Recommendations to Protect the Health and Safety of Household Domestic Services Employees:
As noted above, in 2021, Governor Gavin Newsom signed into law SB 321 (Durazo) which required the Chief of Cal/OSHA to convene an advisory committee composed of key stakeholders in this industry. The purpose of the advisory committee was to provide policy recommendations to the Department of Industrial Relations (DIR) and the California Legislature on policies the state may adopt to protect the health and safety of privately-funded household domestic service employees, along with drafting voluntary industry-specific guidelines for the purpose of educating household domestic service employers and workers.
The SB 321 Advisory Committee was made up of individuals who represent key stakeholders, including employers, workers, non-profit advocates, and health and safety experts. The outputs of their meetings are the policy recommendations and industry guidelines put forth by the Advisory Committee based on their discussions, literature reviews, review of existing policies, and input from experts in the field, workers, employers, and the public. Both the guidelines (Voluntary Industry Guidelines to Protect the Health and Safety of Domestic Workers and Day Laborers[2]) and report (SB 321 Committee Policy Recommendation to Protect the Health and Safety of Household Domestic Services Employees[3]) on recommendations have been released by DIR and made available on their website.
The report to DIR and the Legislature was released in December 2022 with recommendations that are grouped into four categories:
- Legal Responsibilities and Enforcement
- Support for Employer Compliance
- Outreach and Education
- Partnerships with Community Organizations
Among its recommendations for advancing the Advisory Committee’s view of the fundamental need for employers to have legal responsibility for the working conditions of domestic workers, the committee recommended:
- Remove the household domestic services exclusion from the California Labor Code.
- Once removed, DIR and Cal/OSHA shall enforce health and safety regulations.
- Implement an industry-specific system for investigation and enforcement.
- Develop and fund a pilot mediation program.
- Maintain the existing civil monetary penalty structure for health and safety violations.
- Create a liaison position within Cal/OSHA and train Cal/OSHA staff.
- Uphold robust anti-retaliation protections for workers who speak out.
3. Need for this bill?
According to the author, “Domestic workers are often put at severe risk of injury or illness, especially when public health emergencies and natural disasters strike. These workers provide front-line care to California’s most vulnerable, like seniors and people with compromised immune systems, yet they often remain without any health and safety protections. One year into the pandemic, domestic workers were three times more likely to have contracted COVID-19 than the general population in California, putting their lives at risk as well as their families and communities.
Senate Bill 686 will establish health and safety protections for domestic workers under California’s Occupational Safety and Health Act (Cal/OSHA). Additionally, the bill will provide for health and safety outreach and education for domestic service employees and employers and establish a financial and technical assistance program for domestic service employers.”
4. Proponent Arguments:
According to the California Immigrant Policy Center, one of the co-sponsors of the measure, “In California, there are over 300,000 domestic workers, 75 percent of whom are immigrant women of color, who have been historically excluded from the most basic labor protections. Some of our key federal labor laws – the National Labor Relations Act, the Fair Labor Standards Act, and the Occupational Safety and Health Act – have at some point, if not currently, excluded these workers, as a result of the ongoing legacy of slavery and historical discrimination against black women workers. In addition, our federal and state laws’ failure to recognize domestic work as real work has left domestic service workers particularly vulnerable to workplace injuries and illness, with little recourse.
Climate accelerated disasters have also magnified the vulnerability and dangers that domestic workers and day laborers face on a daily basis. During the wildfires that devastated California, domestic workers and other household workers were asked to stay behind to fight fires, guard homes or pets, work in smoky conditions, and clean up toxic ash. Workers were further put at risk when employers failed to tell them that the homes they work in were under mandatory evacuation. The growing frequency and intensity of wildfires, flooding, and other extreme weather events make it imperative that legislators take immediate legislative action to protect the health and safety of these workers.”
5. Opponent Arguments:
None received
6. Staff Comments:
Enforcing all existing occupational safety and health requirements on a domestic worker employer, a private household, presents challenges. The Legislature and the Governor recognized these challenges when signing SB 321 directing Cal/OSHA to convene the Advisory Committee to study the issue and develop voluntary industry-specific occupational safety and health guidance to educate employees and employers in the industry. Those guidelines are out and available for employers to use on a voluntary basis. This bill proposes to apply all existing OSHA requirements to this previously unregulated industry.
Using the voluntary guidelines as a starting point for Cal/OSHA to consider as they develop formal guidelines for what will be a new mandatorily regulated industry makes sense. As these conversations continue, committee staff offers the following for consideration:
As the Advisory Committee notes in their report on recommendations to the Legislature, “It is important also to consider privacy and safety concerns related to health, medical
records or disability, as well as immigration status, and to obtain feedback from
employers in protected classes, such as people with disabilities.” If we are bringing domestic worker employers into compliance with occupational safety and health laws, how do we also educate these household employers on other responsibilities they may be liable for? For example, ensuring they are aware of their duties involving the legal hiring of individuals, classifying workers as employees and independent contractors correctly, payment of payroll taxes for purposes of Unemployment Insurance, and securing workers' compensation insurance for their workers? How do we find a balance so as to not further send this industry into the underground economy?
The Advisory Committee report also notes, “Employers should have the opportunity to become educated and reach compliance before intervention or citation by Cal/OSHA.” The provisions of this bill do not address how these new employers will be penalized for occupational safety and health law violations. The report notes the need to implement an industry-specific system for investigation and enforcement including a tiered system of warnings with the opportunity to correct hazards. The Advisory Committee also noted that Cal/OSHA should maintain the existing penalty structure, which they argue, acts as a deterrent to violations. However, the report also included the view of one employer representative who disagreed with this recommendation, “stating that the diversity of domestic employers should be recognized (given the widely varying income levels and a mix of agencies and individuals) and that there needed to be a penalty structure more appropriate for this population, with consideration of low-income attendant employers.”
Should domestic household employers be liable under the same penalty scheme as other more established employers? Should a homeowner be cited and imposed a penalty for OSHA violations under the same amount as a storefront, grocery store or restaurant?
7. Prior Legislation:
SB 321 (Durazo, Chapter 332, Statutes of 2021) requires the Division of Occupational Safety and Health (Cal/OSHA) to convene an advisory committee to provide voluntary guidance and make recommendations on policies the state may adopt to protect the health and safety of privately funded household domestic service employees. This bill also requires Cal/OSHA to release and publicly post a report of the advisory committee on its internet website and submit a copy to the Legislature by January 1, 2023.
SB 1257 (Durazo, 2020), as enrolled, was identical to SB 321 as it left the Senate except implementation dates, which were a year earlier in SB 1257 and the exemption of family daycares. SB 1257 was vetoed by the Governor.
AB 2658 (Burke, Chapter 288, Statutes of 2020) made it a crime for a person, after receiving notice to evacuate or leave, to willfully and knowingly direct an employee to remain in, or enter, an area closed under prescribed provisions of law due to a menace to the public health or safety. The bill defined “employee” for this purpose to include a person receiving employment for household domestic service.
SB 83 (Committee on Budget and Fiscal Review, Chapter 24, Statutes of 2019), among other things, established the domestic worker outreach and education program within DLSE to promote awareness of, and compliance with, labor protections that affect the domestic work industry and to promote fair and dignified labor standards in this industry
SB 1015 (Leyva, Chapter 315, Statutes of 2016) deleted the January 1, 2017 repeal date for the provisions under the Domestic Worker Bill of Rights, thereby making the requirement permanent.
AB 241 (Ammiano, Chapter 374, Statutes of 2013) enacted the Domestic Worker Bill of Rights to regulate the hours of work of certain domestic work employees and provide an overtime compensation rate for those employees, with a January 1, 2017 sunset date.
SUPPORT
California Domestic Workers Coalition (Co-Sponsor)
California Employment Lawyers Association (Co-Sponsor)
California Immigrant Policy Center (Co-Sponsor)
Equal Rights Advocates (Co-Sponsor)
Worksafe (Co-Sponsor)
AAPIs for Civic Empowerment Education Fund
Asian Pacific Environmental Network (APEN)
Bay Rising
Berkeley Labor and Occupational Health Program
Black Women for Wellness
Breast Cancer Prevention Partners
California Commission on Aging
California Legislative Women's Caucus
California Rural Legal Assistance Foundation (CRLA Foundation)
Caminante Cultural Foundation
Caring Across Generations
Catalyst Project
Change Californians for A Healthy and Green Economy
Chinese for Affirmative Action
Chinese Progressive Association
Clean Carwash Worker Center
Coalition for Humane Immigrant Rights (CHIRLA)
Day Worker Center of Mountain View
Disability Rights California
Dolores Street Community Services
El Centro Cultural De Mexico, Santa Ana
El/la Para Trans Latinas
Filipino Advocates for Justice
Filipino Community Center
Filipino Migrant Center
First Mennonite Church of San Francisco
Gabriela Oakland
Grace End Child Poverty Institute
Grace Institute - End Child Poverty in Ca
Hand in Hand
Hand in Hand: the Domestic Employers Network
Institute of Popular Education of Southern California (IDEPSCA)
Instituto De Educacion Popular Del Sur De California (IDEPSCA)
Motivating Our Students Through Experience
Mujeres Unidas Y Activas
National Employment Law Project
National Domestic Workers Alliance
Or Shalom Jewish Community
Physicians for Social Responsibility - Los Angeles
Pilipino Association for Workers and Immigrants - South Bay
Pilipino Workers Center
Pomona Economic Opportunity Center
Raizes Collective
San Francisco Living Wage Coalition
SEIU California
Senior Disability Action
Showing Up for Racial Justice (SURJ) Bay Area
Southern California Coalition for Occupational Safety and Health (SOCALCOSH)
The Restaurant Opportunities Center of Los Angeles
Trabajadores Unidos Workers United
UCLA Labor Occupational Safety & Health Program
US Academy for Training and Job Placement for Immigrant Community Services Center
Vision Y Compromiso
Warehouse Worker Resource Center
Women's Voices for The Earth
Working Partnerships USA
Individual Support letters: 34
OPPOSITION
None received
-- END --
UCLA Labor and Occupational Safety and Health Program, “Hidden Work, Hidden Pain: Injury Experience of Domestic Workers in California,” June 2020. ↑
SB 321 Advisory Committee Voluntary Industry Guidelines. https://www.dir.ca.gov/dosh/documents/Voluntary-Industry-Guidelines-SB-321.pdf ↑
SB321 Committee Policy Recommendations Report – December 2022. https://www.dir.ca.gov/dosh/documents/Policy-Recommendations-SB-321.pdf ↑
Discussed in Hearing
4MIN
Senate Floor
2MIN
Assembly Floor
57SEC
Assembly Floor
26MIN
Assembly Standing Committee on Labor and Employment
10MIN
Senate Floor
51MIN
Senate Standing Committee on Labor, Public Employment and Retirement
Bill Author
