Bill Text: CA AB73 | 2021-2022 | Regular Session | Amended
Bill Title: Health emergencies: employment safety: agricultural workers: wildfire smoke.
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Passed) 2021-09-27 - Chaptered by Secretary of State - Chapter 322, Statutes of 2021. [AB73 Detail]
Download: California-2021-AB73-Amended.html
Amended
IN
Senate
August 26, 2021 |
Amended
IN
Senate
July 08, 2021 |
Amended
IN
Senate
June 29, 2021 |
Amended
IN
Senate
June 28, 2021 |
Amended
IN
Assembly
May 24, 2021 |
Amended
IN
Assembly
April 12, 2021 |
Amended
IN
Assembly
March 29, 2021 |
Amended
IN
Assembly
February 02, 2021 |
Introduced by Assembly Members Robert Rivas, Eduardo Garcia, Lorena Gonzalez, and Kalra (Principal coauthor: Senator Caballero) (Coauthors: Assembly Members Aguiar-Curry, Bloom, Cristina Garcia, Luz Rivas, Santiago, Stone, and Wood) |
December 07, 2020 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would, among other things, require the division to designate wildfire smoke strike teams within the appropriate regional offices and authorize the division to deploy the teams to enforce wildfire smoke protection regulations under specified conditions with regard to agricultural workplaces and agricultural employees.
The bill would require the division, by January 1, 2023, to develop and distribute a sample template document providing prescribed air quality training and information, including, but not limited to, how to use N95 respirators safely. The bill would require employers to periodically conduct the training. The bill would, in addition, commencing January 1, 2023, require refresher training during wildfire smoke emergencies and prior to distribution of the respirators. The bill would require the template and training be consistent with regulations adopted by the board.
Digest Key
Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 131021 of the Health and Safety Code is amended to read:131021.
(a) The Legislature finds that having access to a statewide stockpile of personal protective equipment in the event of a pandemic, wildfire smoke event, or other health emergency is vital to the health and safety of its health care and essential workers, as well as the general population, which both relies on this workforce and is susceptible to disease transmission should members of this workforce needlessly be infected with transmissible disease.SEC. 2.
Part 12 (commencing with Section 9110) is added to Division 5 of the Labor Code, to read:PART 12. Agricultural Workers
9110.
(a) For purposes of this section, the following terms have the following meanings:(1)“AQI” means air quality index and refers to the method used by the United States Environmental Protection Agency to report air quality on a real-time basis, utilizing the chart in subdivision (b) of Section 5141.1 of Title 8 of the California Code of Regulations.
(2)
(3)
(4)“PM 2.5” means particulate matter that is 2.5 microns or smaller.
(5)
(b)(1)The division shall designate “wildfire smoke strike teams” within the appropriate regional offices. These teams may be deployed to inspect agricultural workplaces for compliance with Section 5141.1 of Title 8 of the California Code of Regulations when both of the following conditions apply:
(A)The current AQI for PM 2.5 is 151 or greater, regardless of the AQI for other pollutants.
(B)The wildfire conditions in the region are such that it would be reasonable to anticipate that agricultural employees within the region may be exposed to wildfire smoke.
(2)Nothing
in this section directs the division to delay inspections or investigations of hazards, violations, complaints, or accidents that a regional manager or district manager determines would be more likely to cause death or serious physical harm than violations of Section 5141.1 of Title 8 of the California Code of Regulations.
(c)(1)By January 1, 2023, the division shall develop, and shall thereafter distribute, a sample template document providing specific air quality training and information in both English and Spanish on all of the following issues:
(A)What resources employers use to determine unhealthy air quality.
(B)What type of personal protective equipment
agricultural employees are entitled to when working in hazardous air quality conditions.
(C)How to use N95 respirators safely.
(D)Signs and symptoms of illness related to unhealthy air exposure and respirator failure or issues.
(E)The right of an employee to request and obtain medical treatment without fear of reprisal.
(2)The information shall be designed to be easily understood by agricultural employees from a variety of ethnic and cultural backgrounds, and various education levels, including the use of pictograms, as necessary. The information shall be made widely and easily accessible throughout the year, including in physical formats at the
worksite and via the division’s internet website.
(3)The training shall be provided periodically by the employers for agricultural employees and supervisors of agricultural employees. The frequency shall be established by regulations adopted by the board and shall be based upon the regional wildfire risk.
(4)The information provided in the sample template document developed pursuant to this subdivision shall be
consistent with applicable workplace safety regulations adopted by the board.
(d)Commencing January 1, 2023, in addition to the periodic training required in subdivision (c), during a wildfire smoke emergency and prior to distribution of the N95 respirators, an agricultural employer shall conduct refresher training, as developed by regulations adopted by the board, for all agricultural employees and supervisors of agricultural employees, specifically focused on the safe and effective use of the N95 respirators.