HomeMy WebLinkAboutLegislative Review AB 805 (Chu) - Occupational Safety & HealthCITY OF PALM DESERT
,�. Community Services Division
• Staff Report
REQUEST: CONSIDERATION OF LEGISLATIVE REVIEW COMMITTEE ACTION
ON AB 805 (CHU) AT ITS MEETING OF JUNE 28, 2005
SUBMITTED BY: Patricia Scully, CFEE, Senior Management Analyst
DATE: July 14, 2005
CONTENTS: AB 805 Language
RECOMMENDATION:
By Minute Motion, concur with the action taken by the Legislative Review Committee at Its
Meeting of June 28, 2005, and direct staff to prepare a letter of opposition for the Mayor's
signature with regard to AB 805 (Chu) relative to occupational safety and health.
EXECUTIVE SUMMARY:
If passed, this bill would require the Occupational Safety and Health Standards Board to adopt
an occupational safety and health standard for heat illness prevention for all at -risk employees.
BACKGROUND:
Existing law requires employers to provide safe and healthful working conditions for all
employees, authorizes the enforcement of effective standards, and provides penalties for
employers who fail to comply with the California Occupational Safety and Health Act of 1973.
The Act also provides that a knowing, negligent, or repeated violation of any standard
authorized by the Act that creates a real and apparent hazard to employees is a misdemeanor.
AB 805 would require the Occupational Safety and Health Standards Board to, no later than
December 1, 2007, adopt an occupational safety and health standard proposed by the Division
of Occupational Safety and Health for heat illness prevention for all employees at risk for heat
illness.
CITY COUNCIL STAFF REPORT
RE: AB 850
JULY 14, 2005
The language of this bill seems to be geared towards the agriculture industry, is redundant and
confusing. Employers who operate in desert climate might find that the rules conflict with and
reduce the efficiency of existing and effective heat stress prevention programs. The trigger for
additional action is a "heat wave", which has no relevance in the desert climate and the basic
role humidity plays in heat stress is ignored. The bill's language is not scientifically strong and
would be redundant for a vast majority of employers, including the City of Palm Desert.
Therefore, the Legislative Review Committee recommends that the City Council oppose AB 805,
unless amended, and direct staff to prepare a letter stating that position to appropriate
legislators for the Mayor's signature.
PA`rRICIA SCULLY, CFEE
SENIOR MANAGEMENT ANALYS
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SHEILA R. GILI-10 AN
ACM/COMMUNITY SE
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CARLOS L. ORTE
CITY MANAGER
4
AB 805 Assembly Bill - AMENDED
Page 1 of 4
BILL DUMBER: AB 8C5 AME-LADED
BILL TEXT
AMENDED IN ASSEMBLY MAY 27, 2005
AMENDED IN ASSEMBLY MARCH 29, 2005
IN_ROD'JCED BY Assembly Member Chu
( Coauthors: Assembly Members
Bermudez, Jones, Klehs, Koretz,
Leno, and Levine )
( Coauthor: Senator Alquist
=EBRUARY 18, 2C05
An act to add Section 6713 to the Labor Code, relating to
occupational safety and heal h.
LEGISLATIVE COUNSEL'S DIGEST
AB 805, as amended, Chu. Occupa:iional safety and health: heat
illness prevention and response .
Existing law, the California Occupational Safety and Health Act of
1973, requires employers to provide safe and healthful working
conditions for all employees, authorizes zhe enforcement of effective
standards, and provides penalties for employers who fail to comply
with the act's provisions. Tle act also provides that a knowing,
Negligent, or repeated violation of any standard authorized by the
act that creates a real and apparent !-:azard to employees, is a
misdemeanor.
This bill would require the Occ::paticnal Safety and Health
Standards Board te, no later than December I, 2CJQa
2007 , adopt an occupa:iona_ safety and health standard
proposed by the Division. of Occupational Safety and Health for heat
illness preven.t_on for all
employees at risk of heat illness.
This bi71 vould also require the board to adopt a standard,
no later than December 1, 2006, applicable to :corkers subject to
specified wage orders. This bill would further prescribe
certain requirements for that standard.
Because an employer -' ,` who
repeatedly violates the
standards hereby creating a real and apparent hazard to
employees, would be guilty of a misdemeanor under existing law, this
bill would impose a state -mandated local program.
The California Constitution recsires he state :o reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
-his bill wc•ald provide that no reimbursement is required by this
act fcr a specified reason.
Vote: ma-ority. Appropriation: No. Fiscal committee: yes.
State -mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DC =NAC- AS FOLLOWS:
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AB 805 Assembly Bill - AMENDED
Page 2 of 4
SECTION 1. Section 6713 is added to the Labor Code, to read:
671-3.
(a; The standards board shall, no later than December 1,
2007 , adopt an effective occ•.:pational
safety and health standard proposed by the d_vis_on for heat illness
prevention and response , in accordance with Section 144.6
for all employees at risk of neat illness.
(b) The standards board shall also, no later than, December 1,
2006, adopt a standard for heat illness prevention and response for
all workers subject to Wage Orders 3, 8, 13, and 14
(_) The standard shall recuire—a,•^-f ^^p ^~ *^
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include in their written, Illness and Tnjury Prevention Programs
effective procedures to identify, evaluate, and control :workplace
hazards contributing to heat illness. The effective procedures shall
include, but not be limited to, the following:
(A) Monitoring the temperature at the worksite,
and identifying and evaluating the occurrence of a heat wave.
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(B) Providing access at ail times to potable drinking water as
specified in Sections 3363 and 3457 of Title 8 of the California Code
of Regulations, with two gallons of potable drinking water per
employee supplied for each 8-hour day at the worksite during a heat
%,ave, and encouraging the frequent drinking of o-:ater.
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AB 805 Assembly Bill - AMENDED
Page 3 of 4
(C) Establishing a system of communication so t.^.at employees shall
either not work alone or shall be required to have personal, radio,
or telephone contact with a responsible adult at specified intervals
during work hours if not acclimatized, if wearing protective clothing
that interferes with cooling, or during heat waves.
(D) Providing access during heat waves to a shaded rest area,
which, if feasible, shall be cooled.
(E) Establishing acclimatization procedures.
(F) Providing hourly rest breaks of at least 10 minutes in
duration, during heat waves and in other situations where the hazard
of heat illness is high.
(G) Providing in advance for prompt emergency medical
transoortation and immediate medical attention to cases of suspected
heat exhaustion or heat stroke illness.
(2) The standard shall require
annual training at the beginning of the work season
in a manner and Language understandable by all
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employees, that
addresses the following topics:
(A) The different types of heat illness, recognition of common
symptoms and signs of heat illness, and the effect of '-eat illness on
the body's syszens if symptoms and signs of heat illness are
disregarded.
(B) An explanation to err.ployees of the importance of immediazely
reporting to the employer symptoms or signs of heat illness in
themselves or in coworkers.
(C) Factors contributing to the occurrence of the different types
of heat illness, including , but not limited to, the
ollowir.g:
(i) Environmental conditions, such as heat wave, temperature,
sun, exposure, humidity, and air movement.
(ii) Wo--k conditions, such as the level of physical exertion
' the use of protective clothing,
and inadequate rest
breaks and meal periods.
(iii) Individual conditions that increase susceptibility to the
different types of heat illness, such as inadequate consumption of
water, lack of adequate heat accliratization, and use of alcohol and
both therapeutic and illegal drugs.
l
(3) The standard shall require additional training in the
recognition of heat illness and the administration of first aid for
heat illness, equal to the training provided by the American Red
Cross or the Mining Enforcement and Safety Administration, to be
littp://info.sen.ca.gov/pub/bill/asm/ab_0801-0850/ab_805_bill_20050527_amended_asm.h... 6/29/2005
AB 805 Assembly Bill - AMENDED
Page 4 of 4
provided to supervisors of employees covered by this standard.
(4) The standard s-al_ include a
Non -Mandatory Appendix that recommends peer -reviewed guidelines that
employers may utilize in developing Neat illness prevention and
control programs and acclimatization procedures. Listed guidelines
shall include the National Institute =or Occupational Safety and
Health criteria For a Recommended Standard for Occupational Exposure
to Hot Er.vironments, the American Conference of Government Industrial
Hygienists guidelines for work in heat, and other guidelines as
appropriate.
a — Y
(c) For purposes of this section
the following definitions apply:
(1) "Acclimatization" means a temporary protective adjustment by
the body's systems to heat exposure that develops in most people
within ^ *- ?' 10 to 14 days a_`ter
exposure to at
least two '.-ours per day of working in heat.
GI
ll�-ii6611y «F
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l ( 2 ) "::eat illness" means a
group of medical conditions resulting from the body'sinability to
cope with a particular heat load, and includes '-eat cramps, heat
exhaustion, heat syncope, and heat stroke.
In)
(3) "Heat wave" means a day when daily
maximum dry bulb air temperature exceeds 95 degrees Fa^renheit or
when daily maximum temperature exceeds 90 degrees Fahrenheit and the
temperature on that day is 9 degrees Fahrenheit or more above the
maximum reached on t-e preceding day. Heat waves include, but are not
limited to, days wizen the National Weather Service has forecast a
heat qua—^r _ a U----,- -4ler-' advisory or
excessive heat i,.arning for the Geographic area.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of
Article XIII B 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 chances the definition of a crime w-'thin the meaninc of
Section 6 of Article XIII 3 of the California Constitution.
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