Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2092


Introduced by Assembly Member Rodriguez

February 05, 2020


An act to add Division 2.7 (commencing with Section 1900) to the Health and Safety Section 6414 to the Labor Code, relating to emergency ambulance employees.


LEGISLATIVE COUNSEL'S DIGEST


AB 2092, as amended, Rodriguez. Emergency ambulance employees: protective gear and safety equipment. safety devices and safeguards.
Existing law establishes a statewide system for emergency medical services and establishes the Emergency Medical Services Authority, which is responsible for establishing training, scope of practice, and continuing education for emergency medical technicians and other prehospital personnel. Existing law, the California Occupational Safety and Health Act of 1973, imposes safety responsibilities on employers and employees, including requirements that every employer furnish and use safety devices and safeguards, and adopt and use practices that are reasonably adequate to render the employment and place of employment safe and healthful. Existing law makes a violation of those requirements a crime.
This bill would require an emergency ambulance provider to provide each emergency ambulance employee who drives or rides in the ambulance with protective gear and safety equipment to wear during the employee’s work shift and to make the protective gear and safety equipment readily available for the employee to use when responding to an emergency call. The bill would also require the emergency ambulance employer to provide training to the emergency ambulance employee on the proper fitting and use of the protective gear and safety equipment. inform each emergency ambulance employee, upon initial employment and subsequently on an annual basis, of the employee’s right to request safety devices and safeguards, as defined, at the beginning of the employee’s shift. By creating a new duty for emergency ambulance providers, a violation of which would be a crime, the bill would impose a state-mandated local program. The bill would not apply to the state or a political subdivision thereof. of the state.
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 6414 is added to the Labor Code, to read:

6414.
 (a) An emergency ambulance provider shall inform an emergency ambulance employee, upon initial employment and subsequently on an annual basis, of the employee’s right to request safety devices and safeguards at the beginning of the employee’s shift, as provided by Section 6401.
(b) For purposes of this section , the following definitions apply:
(1) “Emergency ambulance employee” means a person who meets both of the following requirements:
(A) Is an emergency medical technician (EMT), dispatcher, paramedic, or other licensed or certified ambulance transport personnel who contributes to the delivery of ambulance services.
(B) Is employed by an emergency ambulance provider.
(2) “Emergency ambulance provider” means an employer that provides ambulance services, but not including the state, or any political subdivision of the state, in its capacity as the direct employer of a person meeting the description contained in paragraph (1).
(3) “Safety devices and safeguards” includes, but is not limited to, any material or equipment worn by the employee that is intended to provide, but is not limited to, both of the following:
(A) Body protection from ballistic, slash, and stabbing attacks.
(B) Bodily orifice protection from flying particles, sparks, bodily fluids, and biohazard splatter.

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 changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SECTION 1.Division 2.7 (commencing with Section 1900) is added to the Health and Safety Code, to read:
2.7.Emergency Ambulance Employees
1900.

For purposes of this division, the following definitions apply:

(a)“Emergency ambulance employee” means a person who meets both of the following requirements:

(1)Is an emergency medical technician (EMT), dispatcher, paramedic, or other licensed or certified ambulance transport personnel who contributes to the delivery of ambulance services.

(2)Is employed by an emergency ambulance provider.

(b)“Emergency ambulance provider” means an employer that provides ambulance services, but not including the state, or any political subdivision thereof, in its capacity as the direct employer of a person meeting the description contained in paragraph (1) of subdivision (a).

(c)“Protective gear” means any material or equipment worn by the employee that is intended to provide, but is not limited to, both of the following:

(1)Body protection from ballistic, slash, and stabbing attacks.

(2)Eye protection from flying particles, sparks, bodily fluids, and biohazard splatter.

1901.

An emergency ambulance provider shall provide each emergency ambulance employee who drives or rides in the ambulance with protective gear and safety equipment to wear during the employee’s work shift and shall make the protective gear and safety equipment readily available for the employee to use when responding to an emergency call. The emergency ambulance employer shall provide training to the emergency ambulance employee on the proper fitting and use of the protective gear and safety equipment.