Bill Text: CA AB263 | 2017-2018 | Regular Session | Amended
Bill Title: Emergency medical services workers: rights and working conditions.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2017-09-01 - From committee: Do pass and re-refer to Com. on RLS. (Ayes 9. Noes 1.) (September 1). Re-referred to Com. on RLS. [AB263 Detail]
Download: California-2017-AB263-Amended.html
Amended
IN
Assembly
April 24, 2017 |
Amended
IN
Assembly
March 22, 2017 |
Amended
IN
Assembly
March 08, 2017 |
Amended
IN
Assembly
February 14, 2017 |
Assembly Bill | No. 263 |
Introduced by Assembly Member Rodriguez (Coauthors: Assembly Members Bocanegra |
January 31, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
The
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 1797.123 is added to the Health and Safety Code, to read:1797.123.
(a) An EMS provider shall send to the authority the information that the EMS provider is required to record in its violent incident log pursuant to subdivision (d) of Section 3342 of Title 8 of the California Code of Regulations, as it existed on April 1, 2017.SECTION 1.SEC. 2.
Section 226.9 is added to the Labor Code, to read:226.9.
(a) An employer that provides emergency medical services as part of an emergency medical services system or plan, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, shall authorize and permit its employees engaged in prehospital emergency services to take rest periods, which, to the extent practicable, shall be in the middle of each work period. The duration of the authorized rest period shall be based on the total hours worked daily at the rate of 10 minutes net rest time per four hours or major fraction thereof. However, a rest period need not be authorized for an employee whose total daily work time is less than three and one-half hours. Authorized rest period time shall be counted as hours worked for which there shall be no deduction from wages.SEC. 2.SEC. 3.
Section 226.10 is added to the Labor Code, to read:226.10.
(a) An employer that provides emergency medical services as part of an emergency medical services system or plan, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, shall provide an employee engaged in prehospital emergency services for a work period of more than five hours per day with a meal period of not less than 30 minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee.(a)On or before January 1, 2019, and annually thereafter, the Emergency Medical Services Authority, as established in Article 1 (commencing with Section 1797.100) of the Health and Safety Code, in a manner that protects patient and employee confidentiality, shall post a report on its Internet Web site containing information regarding violent incidents involving EMS providers in the performance of their duties that includes, at a minimum, the following items:
(1)Employer name, site address, employer representative, telephone number, and email address, and the name, representative name, and contact information for any other employer of employees affected by the incident.
(2)Date, time, and specific location of the incident.
(3)A brief description of the incident, including, but not limited to, the type of attacker, the type of physical assault, the type of weapon or object used by the attacker, if any, working conditions at the time of attack, and whether the assaulted employee was alone or isolated immediately prior to the incident.
(4)The number of employees injured and the types of injuries sustained.
(5)Whether security or law enforcement was contacted, and how security or law enforcement assisted an employee.
(6)Whether there is a continuing threat, and if so, what measures are being taken to protect employees including, but not limited to, engineering control modifications and work practice modifications.
(b)For purposes of this section, “EMS provider” means an employer that provides prehospital emergency medical services as part of an emergency medical services system or plan as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, but shall not include the state or any political subdivision thereof, including any city, county, or special district, in its capacity as the direct employer of an EMS employee.