Bill Text: CA SB1100 | 2015-2016 | Regular Session | Amended
Bill Title: Worker occupational safety and health training and education program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-11-30 - Died on the inactive file. [SB1100 Detail]
Download: California-2015-SB1100-Amended.html
BILL NUMBER: SB 1100 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 31, 2016
AMENDED IN SENATE APRIL 11, 2016
INTRODUCED BY Senator Monning
FEBRUARY 17, 2016
An act to add Section 6354.8 to, and to repeal and amend Section
6354.7 of, the Labor Code, relating to occupational safety and
health.
LEGISLATIVE COUNSEL'S DIGEST
SB 1100, as amended, Monning. Worker occupational safety and
health training and education program.
Existing law requires the Commission on Health and Safety and
Workers' Compensation to establish and maintain a worker and
occupational safety and health training and education program and
requires the Director of Industrial Relations to establish an
insurance loss control services coordinator position, to be funded
from the Workers' Occupational Safety and Health Education Fund.
Existing law requires the director to levy and collect fees from
workers' compensation insurers for purposes of the program, with the
fees to be deposited in the fund. Existing law prohibits the fee
assessed against any insurer from exceeding the greater of $100 or a
specified percentage of paid workers ' compensation
indemnity amounts for claims reported in the previous year, as
specified. Moneys in the fund are available for expenditure for
the above purposes upon appropriation by the Legislature.
This bill would provide that revise the
calculation of the fee described above to also include a specified
percentage of paid workers' compensation medical amounts for claims
reported in the previous year and would deposit those additional
moneys in the Workers' Occupational Safety and Health Education
Fund may be applied to Fund. The bill would
authorize specified collaborative work by the commission in
connection with its training and education program. The bill would
expand the list of purposes of the training and education program,
which would be referred to as the Worker Occupational Safety and
Health Training and Education Program, or WOSHTEP, to increase the
number of, and assure continued capacity of, specified organizations
to train workers and provide services. The bill would require, as
part of WOSHTEP, that the commission collaborate with the
Occupational Health Branch of the State Department of Public Health
and the University of California occupational health centers
affiliated with regional schools of medicine and public health,
centers, as specified. The bill would repeal
duplicative provisions.
This bill would include a change in state statute that would
result in a taxpayer paying a higher tax within the meaning of
Section 3 of Article XIII A of the California Constitution, and thus
would require for passage the approval of 2/3 of the membership of
each house of the Legislature.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known, and may be cited, as "The Dr.
Julia Quint Program for Research and Prevention of Occupational
Injuries and Illnesses." The intent of this act is to establish a
California occupational research agenda, increase
coordination and collaboration between community occupational health
clinics and the centers for occupational and environmental health,
and provide training with the goals of preventing
occupational injuries and illnesses suffered by the most vulnerable
workers, including non-English speakers working in high-risk
occupations, and reducing the consequences and costs of those
injuries and illnesses through early intervention with appropriate
care.
SEC. 2. Section 6354.7 of the Labor Code, as added by Section 84
of Chapter 6 of the Statutes of 2002, is repealed.
SEC. 3. Section 6354.7 of the Labor Code, as added by Section 15
of Chapter 866 of the Statutes of 2002, is amended to read:
6354.7. (a) The Workers' Occupational Safety and Health Education
Fund is hereby created as a special account in the State Treasury.
Proceeds of the fund may be expended, upon appropriation by the
Legislature, by the Commission on Health and Safety and Workers'
Compensation for the purposes specified in this section and Section
6354.8 and for an insurance loss control services coordinator. The
director shall levy and collect fees to fund these purposes from
insurers subject to Section 6354.5. However, the fee assessed against
any insurer shall not exceed the greater of one hundred dollars
($100) or 0.0286 percent of paid workers' compensation medical
and indemnity amounts for claims as reported for the previous
calendar year to the designated rating organization for the analysis
required under subdivisions (b) (a), (b),
and (c) of Section 11759.1 of the Insurance Code. All fees
shall be deposited in the fund.
(b) The commission shall establish and maintain a worker
occupational safety and health training and education program, to be
referred to as the Worker Occupational Safety and Health Training and
Education Program, or WOSHTEP. The purpose of the WOSHTEP shall be
to promote awareness of the need for prevention education programs,
to develop and provide injury and illness prevention education
programs for employees and their representatives, to
increase the number of, and to ensure continued capacity of,
nonprofit provider organizations, including labor-management
cooperation committees, joint labor-management apprentice programs,
labor unions, community or faith-based organizations that focus on
vulnerable workers, and state government-supported postsecondary
educational institutions, to train workers and provide related
services, representatives and to deliver those
awareness and training programs through a network of providers
throughout the state. The commission may conduct the WOSHTEP directly
or by means of contracts or interagency agreements.
(c) The commission shall establish an advisory board for the
WOSHTEP that includes employer and worker representatives and experts
in occupational safety and health. The WOSHTEP advisory board shall
guide the development of curricula, teaching methods, and specific
course material about occupational safety and health, and shall
assist in providing links to the target audience and broadening the
partnerships with worker-based organizations, labor studies programs,
and others that are able to reach the target audience.
(d) The WOSHTEP shall include the development and provision of a
needed core curriculum addressing competencies for effective
participation in workplace injury and illness prevention programs and
on joint labor-management health and safety committees. The core
curriculum shall include an overview of the requirements related to
injury and illness prevention programs and hazard communication.
(e) The WOSHTEP shall include the development and provision of
additional training programs for any or all of the following
categories:
(1) Industries on the high hazard list.
(2) Hazards that result in significant worker injuries, illnesses,
or compensation costs.
(3) Industries or trades in which workers are experiencing
numerous or significant injuries or illnesses.
(4) Occupational groups with special needs, such as those who do
not speak English as their first language, workers with limited
literacy, young workers, and other traditionally underserved
industries or groups of workers. Priority shall be given to training
workers who are able to train other workers and workers who have
significant health and safety responsibilities, such as those workers
serving on a health and safety committee or serving as designated
safety representatives.
(f) The WOSHTEP shall operate one or more libraries and
distribution systems of occupational safety and health training
material, which shall include, but not be limited to, all material
developed by the program pursuant to this section.
(g) The WOSHTEP advisory board shall annually prepare a written
report evaluating the use and impact of programs developed.
(h) The payment of administrative costs incurred by the commission
in conducting the WOSHTEP shall be made from the Workers'
Occupational Safety and Health Education Fund.
SEC. 4. Section 6354.8 is added to the Labor Code, to read:
6354.8. In addition to the duties and functions specified in
Section 6354.7, the Worker Occupational Safety and Health Training
and Education Program shall work in collaboration with:
do both of the following:
(a) The Work in collaboration with the
Occupational Health Branch of the State Department of Public
Health to develop and implement a California occupational research
agenda focused on the prevention of occupational injuries and
illnesses that are most prevalent, serious, and costly for California
employers and employees.
(b) The Through an agreement with the
University of California occupational health centers
affiliated with regional schools of medicine and public health, as
established by Section 50.8, to increase
coordination and collaboration, including providing
provide training to community-based health clinics that serve
vulnerable workers, including non-English speakers, working in
high-risk occupations.
