Bill Text: CA AB1651 | 2021-2022 | Regular Session | Amended
Bill Title: Worker rights: Workplace Technology Accountability Act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-04-21 - From committee: Do pass and re-refer to Com. on P. & C.P. (Ayes 5. Noes 2.) (April 20). Re-referred to Com. on P. & C.P. [AB1651 Detail]
Download: California-2021-AB1651-Amended.html
Amended
IN
Assembly
April 18, 2022 |
Introduced by Assembly Member Kalra |
January 13, 2022 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law requires the Department of Industrial Relations to complete and publish an annual report containing statistics on state work injuries and occupational diseases and fatalities by industry classifications by December 31 of the following calendar year.
This bill would require the report to include within industry classifications subcategories separated by the ethnicity, race, and gender of affected individuals.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 12930 of the Government Code is amended to read:12930.
The department shall have the following functions, duties, and powers:SEC. 2.
Section 14203 of the Government Code is amended to read:14203.
Each state agency shall evaluate its telecommutingSEC. 3.
Section 90.5 of the Labor Code is amended to read:90.5.
(a) It is the policy of this state to vigorously enforce minimum labor standards in order to ensure employees are not required or permitted to work under substandard unlawful conditions or for employers that have not secured the payment of compensation, and to protect employers who comply with the law from those who attempt to gain a competitive advantage at the expense of their workers by failing to comply with minimum labor standards.SEC. 4.
Part 5.6 (commencing with Section 1520) is added to Division 2 of the Labor Code, to read:PART 5.6. Workplace Technology Accountability Act
CHAPTER 1. General Provisions
1520.
This part shall be known and may be cited as the Workplace Technology Accountability Act.1521.
The Legislature finds and declares the following:1522.
For purposes of this part, the following shall apply:CHAPTER 2. Worker Data Rights
1530.
(a) An employer that controls the collection of worker data shall, at or before the point of collection, inform the workers as to all of the following:1531.
(a) An employer, or a vendor acting on behalf of an employer, that collects, stores, analyzes, interprets, disseminates, or otherwise uses worker data shall provide the following information to the worker, in an accessible manner, upon receipt of a verifiable request:1532.
(a) An employer shall ensure that worker data is accurate and, where relevant, kept up to date.1533.
(a) An employer or vendor acting on behalf of an employer shall not collect, store, analyze, or interpret worker data unless the data is strictly necessary to accomplish any of the following purposes:1534.
(a) An employer that collects, stores, analyzes, interprets, disseminates, or otherwise uses worker data shall undertake its best efforts to implement, maintain, and keep up-to-date security protections that are appropriate to the nature of the data, and to protect the data from unauthorized access, destruction, use, modification, or disclosure. The security program shall include administrative, technical, and physical safeguards.1535.
(a) A vendor that collects, stores, analyzes, interprets, disseminates, or otherwise uses worker data on behalf of an employer shall comply with the requirements of this chapter, and employers are jointly and severally liable if the vendor fails to do so.CHAPTER 3. Accountability in Electronic Monitoring
1540.
(a) An employer or vendor acting on behalf of an employer that is planning to electronically monitor a worker shall provide a worker with notice that electronic monitoring will occur prior to conducting each specific form of electronic monitoring. Notice shall include, at a minimum, the following elements:1541.
An employer shall provide additional notice to workers when a significant update or change is made to the electronic monitoring or in how the employer is using it.1542.
(a) An employer shall maintain an updated list of electronic monitoring systems currently in use.1543.
(a) An employer or vendor acting on behalf of an employer shall not electronically monitor a worker unless all of the following conditions are met:1544.
(a) An employer or vendor acting on behalf of an employer shall use worker data collected through electronic monitoring only to accomplish its specified allowable purpose.1545.
(a) A vendor that collects, stores, analyzes, interprets, disseminates, or otherwise uses worker data on behalf of an employer shall comply with the requirements of this chapter. An employer is jointly and severally liability if the vendor fails to comply.CHAPTER 4. Algorithms
1550.
(a) An employer or a vendor acting on behalf of any employer shall provide sufficient notice to workers prior to adopting an ADS. An employer with an existing ADS at the time this part takes effect shall provide notice pursuant to this section within 30 day after this part takes effect.1551.
An employer or vendor acting on behalf of an employer shall provide additional notice to workers when any significant updates or changes are made to the ADS or in how the employer is using the ADS.1552.
(a) An employer or vendor acting on behalf of an employer shall maintain an updated listed of automated decision systems currently in use.1553.
(a) An employer or vendor acting on behalf of an employer shall not use an ADS to make employment-related decisions in any of the following ways:1554.
(a) An employer or vendor acting on behalf of an employer shall not use ADS outputs regarding a worker’s health as a basis for any employment-related decision.1555.
(a) A vendor that uses an ADS on behalf of an employer shall comply with the requirements of this chapter. An employer is jointly and severally liable for a vendor’s failure to comply.CHAPTER 5. Impact Assessments
1560.
(a) An employer that develops, procures, uses, or otherwise implements an ADS to make or assist an employment-related decision shall complete an Algorithmic Impact Assessment (AIA) prior to using the system, and retroactively for any ADS that is in place at the time this part takes effect, for each separate position for which the ADS will be used to make an employment-related decision. When an employer procures an ADS from a vendor, the employer may submit an AIA conducted by the vendor if it meets all of the requirements set forth in this chapter.1561.
(a) An employer that develops, procures, uses, or otherwise implements a Worker Information System (WIS) shall complete a Data Protection Impact Assessment prior to using the system, or retroactively for a WIS in place prior to the effective date of this part. When an employer procures a WIS from a vendor, the employer may submit an impact assessment conducted by the vendor, if it meets all of the requirements set forth in this section.1562.
(a) The AIA or DPIA shall be conducted by an independent assessor with relevant experience.1563.
(a) At any point after an employer has submitted an AIA or DPIA to the labor agency, a worker may anonymously dispute the AIA or DPIA and request that the labor agency conduct an investigation of the employer. The following are bases for challenging an AIA or DPIA:1564.
(a) A vendor that develops, procures, uses, or otherwise implements an ADS or WIS on behalf of an employer shall comply with the requirements of this chapter. An employer shall be jointly and severally liable for a vendor’s failure to comply.CHAPTER 6. Enforcement
1570.
(a) A worker may bring a civil action for injunctive relief and recover civil penalties against the employer in an amount equal to the penalties provided in this chapter. A plaintiff who brings a successful civil action for violation of these provisions is entitled to recover reasonable attorney’s fees and costs.1571.
(a) The labor agency shall have the authority to enforce and assess penalties under this part and to adopt regulations relating to the procedures for an employee to make a complaint alleging a violation of this part.1572.
(a) An employer or vendor acting on behalf of an employer who fails to comply with Chapter 2 (commencing with Section 1530) is subject to the following penalties:The department shall complete and publish an annual report containing statistics on California work injuries and occupational diseases and fatalities by industry classification, with subcategories separated by the ethnicity, race, and gender of affected individuals, no later than December 31 of the following calendar year. All of the reports and statistics shall be available to the public.