California Legislation - ARCHIVE WORKSAFE! TRACKED or SPONSORED the following LEGISLATION during the 2005-2006 Legislative Session:
OCCUPATIONAL SAFETY & HEALTH
BILL & Author:
AB 186 by Assembly Member Russ Bogh (R - Beaumont). Click here to see the page that lists the versions of the bill and actions taken in the Legislature. Click here to see the original version of the bill.
Position:
NEUTRAL
STATUS NOTE: Approved by Governor August 30, 2005.
Description:
AB 186 will establish a refund plan for public police and fire departments that have had all their civil penalities and citations made void and have not been cited for serious violations within two years of the date of the original citation. Funds which have not been applied for within two and a half years of the original violation shall be allocated to the California Firefighter Joint Apprenticeship Program and the Office of Criminal Justice Planning for the purpose of establishing and maintaining effective injury and illness prevention programs
Action:
BILL & Author:
AB 816 by Assembly Member Sally Lieber (D - Mountain View). Click here to see the page that lists the versions of the bill and actions taken in the Legislature. Click here to see the original version of the bill. Click here to see the first amended version of the bill.
Position:
SUPPORT
STATUS NOTE: Vetoed by Governor on Sep 29, 2005. Click here for veto message.
Passed Assembly Environmental Safety & Toxics Materials Committee on Apr 13 2005. Passed Assembly Appropriations Committee on May 12 2005. Passed Assembly on Jun 2 2005. Passed Senate Env Quality Committee on Jun 21, 2005. Passed Senate Appropriations on Aug 16, 2005. Passed Senate on Sep 6, 2005.
Description:
AB 816will require chemical manufacturers, suppliers, distributors, importers and their agents to provide, upon written request from the State Department of Health Services, the names and addresses of their customers who have purchased specified chemicals or commercial products containing those chemcials. The information will be deemed to be a trade secret and will be added to the current respository on toxic materials and harmful agents in use or potentially in use in places of employment. This repository, established by the Department of Industrial Relations and the State Deparment of Health Services, must provide information as well as collect and evaluate data relating to possible hazards to employees.
AB 908 by Assembly Member Judy Chu (D - Monterey Park). Click here to see the page that lists the versions of the bill and actions taken in the Legislature. Click here to see the original version of the bill.
Position:
SUPPORT
STATUS NOTE: The author canceled the hearing for this bill in its policy committee - Assembly Health - and it will not be considered further during the 2005 Legislative year. (This is now a 2-year bill.)
Description:
AB 908 will require the removal of two hazardous chemicals from cosmetic products. These chemicals are phthalates and have been linked to illnesses such as asthma and birth defects in male children. In September 2004 the European Union banned these for the EU. This bill will ban them in the U.S. to protect all consumers.
The bill will also require cosmetics sold on the internet to list ingredients before a purchase is made (so consumers can avoid dangerous chemicals such as phthalates), and create violations of law if the cosmetics are mislabeled.
AB 1500 by Assembly Members Bill Maze (R - Visalia) and Barbara Matthews (D - Tracy). Click here to see the page that lists the versions of the bill and actions taken in the Legislature. Click here to see the original version of the bill.
Position:
UNKNOWN
STATUS NOTE: The author canceled the hearing for this bill in its policy committee - Assembly Labor & Employment - and it will not be considered further during the 2005 Legislative year. (This is now a 2-year bill.)
Description:
AB 1500will allow firms performing construction, maintenance, prepare or service to operate manlifts without permits or certification if the manlifts are already inspected and maintained in accordance with the Elevator Safety Orders.
Action:
BILL & Author:
AB 1514 by Assembly Member Villines ( - ). Click here to see the page that lists the versions of the bill and actions taken in the Legislature. Click here to see the original version of the bill.
Position:
UNKNOWN
STATUS NOTE: The Assembly Labor & Employment Committee canceled the hearing for this bill and it will not be considered further during the 2005 Legislative year. (This is now a 2-year bill.)
Description:
AB 1514will change exisitng law so that that the Division of Occupational Safety and Health will no longer have to enter into an interagency agreement with the State Department of Health Services for quality control, performance evaluation, and analysis of non-routine laboratory samples if the Division already contracts with the private sector for laboratory services.
Action:
BILL & Author:
SB 363 by Senate Member Don Perata (D - Oakland). Click here to see the page that lists the versions of the bill and actions taken in the Legislature. Click here to see the original version of the bill.
Position:
SUPPORT
STATUS NOTE: Vetoed by the Governor on Sep 29, 2005. Click here for veto message.
Description:
SB 363 will require general acute care hospitals to establish a back injury prevention program. Exempted from this are hopsitals licensed by the State as rural general acute care hospitals. The bill also requires that hospitals implement "zero life policy" shifts. Health care workers will be trained on the appropriate use of lift teams, lifting devices and equipment. The bill will also provide that a health care worker who refuses to life a patient will not be disciplined unless that worker has been trained in appropriate patient lifting equipment procedures and has functional lifting devices and equipment available to perform the requested lift.
Action:
BILL & Author:
SB 484 by Senate Member Carole Migden (D - San Francisco). Click here to see the page that lists the versions of the bill and actions taken in the Legislature. Click here to see the original version of the bill.
Position:
SUPPORT
STATUS NOTE: Approved by Governor Oct 7, 2005.
Description:
SB 484 requires cosmetic manufacturers to tell the Department of Health Services what chemicals in their products cause cancer or reproductive harm. It provides authority for the state to protect the public from dangerous exposures to those chemicals for consumers and workers. The FDA requires ingredients to be listed on the label (in descending order of amount) but does NOT test or approve ingredients on labels; they can't "recall" cosmetics containing hazardous chemicals.
There are cosmetics that contain phthalates. Phthalates have been linked to illnesses such as asthma and birth defects in male children. In September 2004 the European Union banned these for the EU. The sponsor of this bill - the National Environmental Trust - said that a national laboratory that tested 72 cosmetics found phthalates in 52 of them; the phthalates were NOT even listed as ingredients. This bill will allow consumers and workers to know if phthalates are in cosmetics. It will protect those who are at GREATEST risk: the beauty salon workers, many of whom are of child-bearing age, and who could suffer reproductive harm from these phthalates.
SB 495 by Senate Member Ed Vincent (D - Inglewood). Click here to see the page that lists the versions of the bill and actions taken in the Legislature. Click here to see the original version of the bill.
Position:
UNKNOWN - probably SUPPORT
STATUS NOTE: The author canceled the hearing for this bill in its policy committee - Senate Labor & Industrial Relations - and it will not be considered further during the 2005 Legislative year. (This is now a 2-year bill.)
Description:
SB 495 will require traveling carnivals operating amusement rides to report certain injuries that have occured to users of amusement rides to the Department of Consumer Affairs. The traveling carnivals must also provide a copy of the report to the injured person. The bill also requires that a traveling carnival operating amusement rides is in compliance with all state and federal laws and regulations.
Action:
BILL & Author:
SB 600 by Senate Member Deborah Ortiz (D - ). Click here to see the page that lists the versions of the bill and actions taken in the Legislature. Click here to see the original version of the bill.
Position:
SUPPORT
STATUS: Vetoed by the Governor on Oct 7, 2005. Click here for veto message.
Description:
SB 600 will establish a state-wide community-based biomonitoring program to identify and monitor the presence and concentration of certain chemicals in Californians. This will study the extent to which individuals and communities are exposed to harmful chemicals. Furthermore, it will mandate the development of public information and education materials as well as protocols and training methods for scientists and health care professionals.
SB 704 by Senate Member Jackie Speier (D - Hillsborough). Click here to see the page that lists the versions of the bill and actions taken in the Legislature. Click here to see the original version of the bill.
Position:
SUPPORT
STATUS: held in Senate Appropriations (suspense file). (This is now a 2-year bill.)
Description:
SB 704 will require that the state, as an employer, provide an allowance or other funds to cover the costs of uniforms, wearing apparel, or other protective clothing for employees that are adequate to screen the employees from the harmful effects of ultraviolet radiation. This is applicable when there is a collective bargaining agreement to which the state is a party. Moreover, starting July 1, 2006, the bill will require all state employees who work outdoors to receive information on the dangers of sun exposure and ways to prevent and detect skin cancer.
Action:
WORKERS' COMPENSATION
BILL & Author:
SB 1023 by Senate Member Joe Dunn (D - Santa Ana). Click here to see the page that lists the versions of the bill and actions taken in the Legislature.
Position:
SUPPORT
STATUS:On August 31, 2005, the State Senate passed SB 1023. The bill now goes to the Governor's desk for signature. Vetoed by Governor Sep 29, 2005. Click here for veto message.
Description:
SB 1023 will provide for additional compensation to workers who must return to court to enforce a final award or order by the Workers' Comp Appeals Board. The additional compensation will be $2000 for the first time you need to return to court and $5000 for each additional time you must return to court on that same claim.
This simple bill is designed to give additional compensation to injured workers who could not get compliance despite following the rules. This penalty will be on top of any other penalties or interest that is owed.
This new law would apply to all specific orders of the court that were ignored for 30 days after the date it was issued. It does not apply to orders that are not specific, such as an award for "reasonable and necessary future medical care" - because there can be valid disputes over what is "reasonable and necessary." However, if a judge ordered a specific pain medication to be provided and the claims administrator did not comply or timely appeal (they have 20 days to appeal) you could proceed after 30 days from the date of the order have elapsed
VIAW needs you to write to the Governor today to urge him to sign the bill and make it law.Click here for a suggested letter to use. Click here for the same letter in MS Word (easier to copy and paste). Have your family members send letters. We need to create the momentum that makes it impossible for Governor Schwartzenegger to veto this important legislation. Be sure to include your full name and address in the letter.
Please, help VIAW & WORKSAFE! get this done! Feel free to send us a copy of your letter or let us know you are helping. Email fcs@kazanlaw.com .
HEALTH CARE FOR WORKING FAMILIES
BILL & Author:
SB 840 by Senate Member Sheila Kuehl (D - ). Click here to see the page that lists the versions of the bill and actions taken in the Legislature. Click here to see the original version of the bill.
Position:
SUPPORT
Description:
SB 840will establish a California Health Insurance System that will cover all California residents with comprehensive health insurance and give them the ability to choose their own physicians. This model is estimated to save $8 billion in statewide health care spending just in the first year alone.
WORKSAFE! TRACKED or SPONSORED the following LEGISLATION during the 2005-2006 Legislative Session: AB 815 - click here for details re AB 815
FACT SHEET - click here for MS Word version - click here for PDF version MODEL LETTER - click here for MS Word version - click here for PDF version WORKSAFE! letter supporting AB 815 - click here for WORKSAFE! letter (MSWord) - click here for WORKSAFE! letter (PDF)
AB 289 - click here for details re AB 289
FACT SHEET
- click here for MS Word version - click here for PDF version MODEL LETTER - click here for MS Word version - click here for PDF version WORKSAFE! letter - click here for
FACT SHEET - click here for Word Perfect version - click here for MS Word version - click here for PDF version MODEL LETTER - click here for Word Perfect version - click here for MS Word version - click here for PDF version WORKSAFE! letter - click here for letter supporting AB 805 (PDF) - click here for updated letter supporting AB 805 (MS Word) - click here for updated letter supporting AB 805 (PDF)
AB 2068 - click here for details re AB 2068
FACT SHEET - click here for MS Word version - click here for PDF version MODEL LETTER - click here for MS Word version - click here for PDF version WORKSAFE! letter - click here for letter
AB 2078 - click here for details re AB 2078
FACT SHEET - click here for MS Word version - click here for PDF version MODEL LETTER - click here for MS Word version - click here for PDF version WORKSAFE! letter - click here for letter
AB 2186 - click here for details re AB 2186
FACT SHEET - click here for MS Word version - click here for PDF version MODEL LETTER - click here for MS Word version - click here for PDF version WORKSAFE! letter - click here for letter
AB 2287 - click here for details re AB 2287
FACT SHEET - click here for MS Word version - click here for PDF version MODEL LETTER - click here for MS Word version - click here for PDF version WORKSAFE! letter - click here for letter
AB 2301 - click here for details re AB 2301 - SUPPORT
FACT SHEET - click here for MS Word version - click here for PDF version MODEL LETTER - click here for MS Word version - click here for PDF version WORKSAFE! letter - click here for letter SUPPORTING AB 2301
AB 2302 - click here for details re AB 2302 - SUPPORT
FACT SHEET - click here for MS Word version - click here for PDF version MODEL LETTER - click here for MS Word version - click here for PDF version WORKSAFE! letter - click here for letter SUPPORTING AB 2302
AB 2334 - click here for details re AB 2334
FACT SHEET - click here for MS Word version - click here for PDF version MODEL LETTER - click here for MS Word version - click here for PDF version WORKSAFE! letter - click here for letter
AB 2385 - click here for details re AB 2385
FACT SHEET - click here for MS Word version - click here for PDF version MODEL LETTER - click here for MS Word version - click here for PDF version WORKSAFE! letter - click here for letter
AB 2428 - click here for details re AB 2428
FACT SHEET - click here for MS Word version - click here for PDF version MODEL LETTER - click here for MS Word version - click here for PDF version WORKSAFE! letter - click here for letter
AB 2536 - click here for details re AB 2536
FACT SHEET - click here for MS Word version - click here for PDF version MODEL LETTER - click here for MS Word version - click here for PDF version WORKSAFE! letter - click here for letter
AB 2555 - click here for details re AB 2555
FACT SHEET - click here for MS Word version - click here for PDF version MODEL LETTER - click here for MS Word version - click here for PDF version WORKSAFE! letter - click here for letter
AB 2679 - click here for details re AB 2679 - OPPOSE
FACT SHEET - click here for MS Word version - click here for PDF version MODEL LETTER - click here for MS Word version - click here for PDF version WORKSAFE! letter - click here for letter OPPOSING AB 2679
AB 2716 - click here for details re AB 2716
FACT SHEET - click here for MS Word version - click here for PDF version MODEL LETTER - click here for MS Word version - click here for PDF version WORKSAFE! letter - click here for letter
AB 2726 - click here for details re AB 2726
FACT SHEET - click here for MS Word version - click here for PDF version MODEL LETTER - click here for MS Word version - click here for PDF version WORKSAFE! letter - click here for letter
AB 2763 - click here for details re AB 2763
FACT SHEET - click here for MS Word version - click here for PDF version MODEL LETTER - click here for MS Word version - click here for PDF version WORKSAFE! letter - click here for letter
AB 2865 - click here for details re AB 2865
FACT SHEET - click here for MS Word version - click here for PDF version MODEL LETTER - click here for MS Word version - click here for PDF version WORKSAFE! letter - click here for letter
AB 2997 - click here for details re AB 2997
FACT SHEET - click here for MS Word version - click here for PDF version MODEL LETTER - click here for MS Word version - click here for PDF version WORKSAFE! letter - click here for letter
AB 3051 - click here for details re AB 3051
FACT SHEET - click here for MS Word version - click here for PDF version MODEL LETTER - click here for MS Word version - click here for PDF version WORKSAFE! letter - click here for letter
AB 3053 - click here for details re AB 3053
FACT SHEET - click here for MS Word version - click here for PDF version MODEL LETTER - click here for MS Word version - click here for PDF version WORKSAFE! letter - click here for letter
SB 46 - click here for details re SB 46
FACT SHEET - click here for MS Word version - click here for PDF version MODEL LETTER - click here for MS Word version - click here for PDF version WORKSAFE! letter - click here for letter
SB 727 - click here for details re SB 727
FACT SHEET - click here for MS Word version - click here for PDF version MODEL LETTER - click here for MS Word version - click here for PDF version WORKSAFE! letter - click here for letter
WORKSAFE! Letter - click here for letter supporting SB 879 (MS Word) - click here for letter supporting SB 879 (PDF)
SB 1204 - click here for details re SB 1204
FACT SHEET - click here for MS Word version - click here for PDF version MODEL LETTER - click here for MS Word version - click here for PDF version WORKSAFE! letter - click here for letter
SB 727 - click here for details re SB 727
FACT SHEET - click here for MS Word version - click here for PDF version MODEL LETTER - click here for MS Word version - click here for PDF version WORKSAFE! letter - click here for letter
SB 1359 - click here for details re SB 1359
FACT SHEET - click here for MS Word version - click here for PDF version MODEL LETTER - click here for MS Word version - click here for PDF version WORKSAFE! letter - click here for letter
SB 1379 - click here for details re SB 1379
FACT SHEET - click here for MS Word version - click here for PDF version MODEL LETTER - click here for MS Word version - click here for PDF version WORKSAFE! letter - click here for letter
SB 1436 - click here for details re SB 1436
FACT SHEET - click here for MS Word version - click here for PDF version MODEL LETTER - click here for MS Word version - click here for PDF version WORKSAFE! letter - click here for letter
SB 1468 - click here for details re SB 1468
FACT SHEET - click here for MS Word version - click here for PDF version MODEL LETTER - click here for MS Word version - click here for PDF version WORKSAFE! letter - click here for letter
SB 1561 - click here for details re SB 1561
FACT SHEET - click here for MS Word version - click here for PDF version MODEL LETTER - click here for MS Word version - click here for PDF version WORKSAFE! letter - click here for letter
SB 1730 - click here for details re SB 1730
FACT SHEET - click here for MS Word version - click here for PDF version MODEL LETTER - click here for MS Word version - click here for PDF version WORKSAFE! letter - click here for letter
SB 1781 - click here for details re SB 1781
FACT SHEET - click here for MS Word version - click here for PDF version MODEL LETTER - click here for MS Word version - click here for PDF version WORKSAFE! letter - click here for letter
SB 1827 - click here for details re SB 1827
FACT SHEET - click here for MS Word version - click here for PDF version MODEL LETTER - click here for MS Word version - click here for PDF version WORKSAFE! letter - click here for letter
WORKSAFE! TRACKED or SPONSORED the following LEGISLATION during the 2003-2004 Legislative Session:
OCCUPATIONAL SAFETY & HEALTH
BILL & Author:
AB 3037 by Assembly Member Leland Yee (D - San Francisco)
Position:
SUPPORT
Description:
AB 3037 will increase occupational safety and health protection through joint labor-management safety and health committees or liaisons. Read the FACT SHEET and learn how you can TAKE ACTION.
Action:
Contact WORKSAFE! for more information about how you can help, Please call, write or e-mail us with stories about your experiences with experiences that illustrate how joint labor-management safety and health committees reduce injuries, illnesses and deaths on the job.
Contact us to be a witness. We need real people to talk about real safety and health concerns and how this legislation will help address those concerns.
SEND a SUPPORT LETTER - click here for a model - to Assembly Member Yee. See also the letter WORKSAFE! sent.
BILL & Author:
SB 1646 by State Senator Sam Aanestad (R - Grass Valley)
Position:
OPPOSE
Description:
SB 1646 will exclude volunteer firefighters performing services for volunteer fire districts in rural areas from the definition of "employment."
Action:
CONTACT the CA Labor Federation for more information about how you can help.
WORKERS' COMPENSATION
BILL & Author:
AB 4X1 by Assembly Member Abel Maldonado (R - Santa Maria)
Position:
OPPOSE
Description:
AB 4X1 will totally change the workers' compensation system in California. Among other things, it will take away the worker's right to be treated by their own doctor; add a new bureaucracy by creating an independent medical review (not subject to ANY appeal) of the medical treatment being offered to the worker by the company doctor, which review will be conducted by an unnamed and unseen doctor (possibly even outside California) with whom the injured worker may not even communicate; etc.
Action:
CONTACT the CA Labor Federation for more information about how you can help, SEND an OPPOSITION LETTER similar to the one WORKSAFE! sent.
BILL & Author:
AB 4X3 by Assembly Member Juan Vargas (D - San Diego)
Position:
OPPOSE
Description:
AB 4X3 was originally sponsored by the Insurance Commissioner as a technical clean-up bill for legislation passed last year (SB 228 by State Senator Richard Alarc?n (D - Sun Valley) and AB 227 by Assembly Member Juan Vargas (D - San Diego)). However, numerous parts of the bill will make significant policy changes that were not included in the previous bills. The bill will further delay the second opinion process for spinal injury; it will also obstruct a worker's right to obtain necessary treatments in other ways; it will also make changes that will eliminate statutory protection under the Fair Employment & Housing Act.
Action:
CONTACT the CA Labor Federation for more information about how you can help.
BILL & Author:
AB 431 by Assembly Member Dennis Mountjoy (R - Monrovia)
Position:
OPPOSE
Description:
AB 431 will severely limit an injured workers' ability to be appropriately compensated for a work-related injury.
Action:
CONTACT the CA Labor Federation for more information about how you can help.
BILL & Author:
AB 2195 by Assembly Member John Campbell (R - Irvine)
Position:
OPPOSE
Description:
AB 2195 will repeal AB 2816 by Assembly Member Shelley, which was passed in 2002 and enacted to require temporary agencies to pay accurate workers' compensation.
Action:
CONTACT the CA Labor Federation for more information about how you can help.
BILL & Author:
AB 2495 by Assembly Member Robert Dutton (R - Rancho Cucamonga)
Position:
OPPOSE
Description:
AB 2495 will require 2 of the voting members of the commission to be physicians and one voting member to be a chiropractor.
Action:
CONTACT the CA Labor Federation for more information about how you can help.
BILL & Author:
SBX4 3 by State Senator Charles Poochigian ( R - Fresno)
Position:
OPPOSE
Description:
SBX4 3 will totally change the workers' compensation system in California. Among other things, it will take away the worker's right to be treated by their own doctor; add a new bureaucracy by creating an independent medical review (not subject to ANY appeal) of the medical treatment being offered to the worker by the company doctor, which review will be conducted by an unnamed and unseen doctor (possibly even outside California) with whom the injured worker may not even communicate; etc.
Action:
CONTACT the CA Labor Federation for more information about how you can help.
BILL & Author:
SBX4 4 by State Senator Ross Johnson (R - Irvine)
Position:
OPPOSE
Description:
SBX4 4 will make drastic changes in eligibility for workers' compensation benefits by requiring that work be the "predominant cause" of all injuries. The workers' compensation system is a no-fault system that guarantees injured workers benefits and medical treatment in return for giving up the right to sue for their injuries. This bill would upset this Constitutional balance by injecting fault into the system.
Action:
CONTACT the CA Labor Federation for more information about how you can help.
BILL & Author:
SBX4 5 by State Senator Ross Johnson (R - Irvine)
Position:
OPPOSE
Description:
SBX4 5 will change the evidentiary standard for proving that a psychiatric injury is predominantly caused by work. Eligibility for psychiatric injuries was severely limited in 1993, even though it was a relatively minor cost item at the time.
Action:
CONTACT the CA Labor Federation for more information about how you can help.
BILL & Author:
SBX4 6 by State Senator Ross Johnson (R - Irvine)
Position:
OPPOSE
Description:
SBX4 6 will take away employee wages by subtracting the employers' workers' compensation costs from their bonus pay. The workers' compensation system was founded on the principle that workers cannot be forced to pay for their own workers' comp benefits. This bill would force employees to forfeit part of their earnings to do just that. It could also serve to incentivize supervisors to discourage workers from filing workers' compensation claims.
Action:
CONTACT the CA Labor Federation for more information about how you can help.
BILL & Author:
SBX4 10 by State Senator Bob Margett (R - Arcadia)
Position:
OPPOSE
Description:
SBX4 10 will drive up the costs of recently regulated prescription drugs in the workers' compensation system by adding administrative fees and increasing payments for the costs of prescription drugs.
Action:
CONTACT the CA Labor Federation for more information about how you can help.
BILL & Author:
SBX1141 by State Senator Ross Johnson ( R - Irvine)
Position:
OPPOSE
Description:
SB 1141 Existing law prohibits an employer from exacting or receiving from any employee any contribution, or making or taking any deduction from the earnings of any employee, either directly or indirectly, to cover any part of the cost of compensation under the workers' compensation program. This bill would provided that the use of workers' compensation costs in the calculation of profits for purposes of an employee bonus program is not a deduction from the earnings of an employee within the meaning of this provision.
Action:
CONTACT the CA Labor Federation for more information about how you can help.
HEALTH CARE for WORKING FAMILIES
BILL & Author:
AB 2985 by Assembly Member Kevin McCarthy ( R - Bakersfield)
Position:
OPPOSE
Description:
AB 2985 will suspend the requirements set by the Health Insurance Act of 2003 (SB 2 by State Senator John Burton) when the Employment Development Department determines that the overall unemployment rate in the state has been at 7% or higher for at least 3 consecutive months. The suspension would remain in effect for a minimum of 2 years. Currently, the Health Insurance Act of 2003 requires employers with over 50 employees to pay a fee to the state or provide health care coverage to workers. Employers with over 200 employees would also be required to provide coverage for the workers' family.
Action:
CONTACT the CA Labor Federation for more information about how you can help.
BUSINESS & PROFESSIONS CODE 17200 et seq (UNFAIR COMPETITION)
BILL & Author:
AB 2369 by Assembly Member Lou Correa ( D - Santa Ana)
Position:
OPPOSE
Description:
AB 2369 will severely limit the use of the Unfair Competition Law. The Unfair Competition Law (UCL) permits a cause of action to be brought if a practice violates any law, including those for which no private right of action exists: state or federal, regulations, criminal or civil. It has allowed worker advocates to supplement the enforcement activities of governmental agencies that have inadequate resources to police scofflaw employers who compete unfairly in the California labor market.
Action:
CONTACT the CA Labor Federation for more information about how you can help. SEND an OPPOSITION LETTER similar to the one the California Labor Federation sent.
BILL & Author:
AB 2604 by Assembly Member Robert Pacheco ( R - Walnut)
Position:
OPPOSE
Description:
AB 2604 will severely limit the use of the Unfair Competition Law (see above).
Action:
CONTACT the CA Labor Federation for more information about how you can help.
PRIVATE ATTORNEYS GENERAL ACT of 2004 (SB 796) This law was passed in 2003 and will allow aggreived workers to recover certain civil liberties from employers who violate the Labor Code. This law is designed to guarantee that, in tough budget times and declining state resources, our labor laws will continue to be enforced.
BILL & Author:
AB 2181 by Assembly Member John Campbell ( R - Irvine)
Position:
OPPOSE
Description:
AB 2181 will eliminate the ability of an employee from bringing an action to recover civil penalties brought against the employer for violating the Labor Code.
Action:
CONTACT the CA Labor Federation for more information about how you can help.
BILL & Author:
AB 2650 by Assembly Member Patricia Bates ( R - Laguna Niguel)
Position:
OPPOSE
Description:
AB 2650 will preclude aggrieved employees from bringing these civil actions against employers who, at the time of a violation, employed fewer than 100 employees within a 75-mile radius.
Action:
CONTACT the CA Labor Federation for more information about how you can help.
BILL & Author:
AB 3002 by Assembly Member Guy Houston ( R - Livermore)
Position:
OPPOSE
Description:
AB 3002 is a spot bill, or vehicle, to make changes to the Labor Code Private Attorneys General Act of 2004.
Action:
CONTACT the CA Labor Federation for more information about how you can help.
BILL & Author:
SB 1861 by State Senator Roy Ashburn ( R - Bakersfield)
Position:
OPPOSE
Description:
SB 1861 will create more procedural hurdles for employees to collect civil penalties for labor law.
Action:
CONTACT the CA Labor Federation for more information about how you can help.
MEDICAL RECORDS PRIVACY
BILL & Author:
AB 2163 by Assembly Member Tim Leslie ( R - Tahoe City)
Position:
OPPOSE
Description:
AB 2163 will sanction the offshoring of medical records processing and transcription by first requiring any person or entity hired by a provider of health care for the purpose of transcribing or processing medical records containing medical information to disclose to the provider of health care all contractors or subcontractors that the person or entity uses to perform that function.
Action:
CONTACT the CA Labor Federation for more information about how you can help.
AB 3037 - WORKSAFE! Fact Sheet
SUPPORT AB 3037 by Assembly Member Leland Yee
AB 3037 will increase occupational safety and health protection through labor-management safety and health committees or liaison teams, which significantly reduce injuries, illnesses and deaths. The bill requires joint labor-management occupational safety and health committees or liaison teams for employers in high hazard industries or for employers who have bad safety records. It sets minimum criteria so the committees or teams function properly, including duties, structure, selection, training, etc. This cooperative approach recognizes government?s limited resources for enforcement and focuses on solving problems at the workplace before calling Cal/OSHA.See TABLE 1.
The bill sets up a reward system for effective safety and health programs incorporating joint labor-management safety and health committees or liaison teams. It provides for a 5% workers? compensation insurance premium rebate. And it establishes a safety presumption for employers who bid on public contracts. The bill adds language to the Public Contract Code so that an employer?s safety and health program is a factor in whether the employer is considered a ?responsible bidder?. See TABLE 2.
The bill will add a definition of ?serious physical harm? to reflect current medical practice and to incorporate the definition used by Federal OSHA. This definition is one criterion by which an employer?s safety record is evaluated. See TABLE 3.
AB 3037 - Take Action Please support AB 3037. Numerous community and labor groups supported WORKSAFE! when it focused on protecting workers who spoke up regarding safety and health and suffered retaliation. We hope this new bill which focuses on another form of self-help through joint labor-management occupational safety and health committees will also merit their support.
AB 3037 was recently endorsed by the WISH (Working Immigrant Safety & Health) Coalition.
Support letters to date include:
Asbestos Workers Local 5 (southern California) California Applicants- Attorneys Association Communications Workers of America Local 9415 (northern California) Consumer Attorneys of California Environmental Action Network of the National Environmental Trust (statewide) Hotel Employees & Restaurant Employees Local 49 (Sacramento area) Hotel Employees & Restaurant Employees Local 309 (Palm Springs area) Hotel Employees & Restaurant Employees Local 2850 (East Bay area) International Brotherhood of Electrical Workers Local 1245 (northern California) International Brotherhood of Electrical Workers Ninth District Iron Workers 377 (northern California) Iron Workers 433 (southern California) J.J. Design & Renovations (general contractor) La Raza Centro Legal Inc Mendocino County Coalition of Union Members North Bay Labor Council, AFL-CIO (northern California) Orange County Labor Management Cooperative Trust (IBEW 441 & NECA Orange Co) Painters & Allied Trades District Council 36 (southern California) The Breast Cancer Fund The Relational Culture Institute (San Joaquin) Union of Health Care Professionals United Nurses Associations of California Utility Workers of America Region V (statewide)
Individual support letters include: Betsy Brown, Suzi Goldmacher, Fred Hirsch, Elizabeth Katz, Joan Lichterman.
Groups supporting WORKSAFE! legislation in the past include, among others: Asbestos Victims of America, Asian Immigrant Women Advocates, Asian Law Caucus, Asian Pacific Environmental Network, Bet Tzedek Legal Services, Breast Cancer Fund, CA Applicants Attorneys Association, CA Independent Public Employees Legislative Council, CA Labor Federation, CA National Organization for Women, CA Professional Firefighters, CA Public Health Association (North), CA School Employees Association, Chinese for Affirmative Action, CWA 9423, Consumer Attorneys Of California, Council for Planning & Conservation, East Bay RSI Support Group, East Palo Alto Community Law Project, Employee Rights Center of San Diego, Garment Worker Center (LA), Health & Environmental Justice Project of Silicon Valley, HERE 2, HERE 2850, Instituto Laboral de la Raza, ILWU Local 6, La Raza Centro Legal, Legal Aid Society-Employment Law Center, National Environmental Trust, National Immigration Law Center, Roofers Union Local 81, San Francisco Labor Council, San Mateo Central Labor Council, So CA Coalition for Occupational Safety & Health, Utility Workers of American Region V, and WORKSAFE! among others. Individuals include: Deborah Alameda, Pamela Dale, Suzi Goldmacher RN OHNP, Sheri Graves, Michael Horowitz CIH, Elizabeth Katz MPH CIH, Chris Kirkham IH, Nan Lashuay RN, Barbara Materna PhD CIH, Jack Oudiz MS CIH, Terry Poplawski, Sabine Schoenbach, Alvina Valencia, 13 individual members of the So CA Coalition for Occupational Safety & Health.
CONTACT US to HELP
Fran Schreiberg for WORKSAFE! c/o Kazan et al. 171 - 12th Street 3d floor Oakland, CA 94607 (510) 302-1071 (direct line) (510) 835-4913 (fax) fschreiberg@kazanlaw.com
Helen Chen, Attorney / Equal Justice Works Fellow Asian Law Caucus 939 Market Street #201 San Francisco, CA 94103 (415) 896-1701 ext 121 (415) 896-1702 (fax) helenc@asianlawcaucus.org
Please write a letter of support. Send / fax the ORIGINAL to Leland Yee as soon as possible (see address and fax in model letter). Our first policy hearing is March 31, 2004, at 1:30 pm in Room 447, before the Assembly Labor & Employment Committee. Our next hearing is likely to be on April 7, 2004, probably at 9:00 a.m. in Room 437. We need your letters as soon as possible and before those dates in order to list your support. Send a COPY to Fran Schreiberg at the address above or fax to Fran at (510) 835-4913. Please alter the model letter as you see fit.
Please call, write or e-mail us with stories about your experiences with experiences that illustrate how joint labor-management safety and health committees reduce injuries, illnesses and deaths on the job.
Contact us to be a witness. We need real people to talk about real safety and health concerns and how this legislation will help address those concerns.
AB 3037 - Model Letter
[date]
Assembly Member Leland Yee State Capitol Room 3173 Sacramento, CA 95814 via fax: (916) 319-2112 Re: Assembly Bill 3037 - Yee - SUPPORT
Dear Assembly Member Yee:
[Your name or organization] submits this letter supporting Assembly Bill 3037 which strengthens occupational safety and health protections for workers by requiring joint labor-management safety and health committees and assuring meaningful remedies to workers who suffer retaliation due to involvement in occupational safety and health matters. We wish to thank you for authoring this legislation.
[Your organization] is . . . .[As an example, you might say:The XYZ union represents over 5000 workers in California. Our members suffer asignificant number of fatalities and serious injuries in the construction trades. We are exposed to falls, burns, and a wide variety of toxic materials.]
AB 3037 will improve protection for workers because it will require labor-management safety and health committees and better protect workers when they speak up about hazards or refuse unsafe work. [INSERT any example you may have of how safety committees have saved lives (and money).] Workplace injuries, illnesses and deaths can be prevented if workers are involved in safety and health and cooperative safety committees are a very effective means of encouraging workers to speak up.
We strongly support AB3037. Thank you for your concern for California?s workers and your continuing commitment to occupational safety and health.
Sincerely,
(your name) (your title)
cc:Fran Schreiberg, WORKSAFE! (via fax at (510) 835-4913)
AB 3037 - WORKSAFE! Letter Supporting
March 30, 2004
Assembly Member Leland Yee State Capitol Room 3173 Sacramento, CA 95814 via fax (916) 319 2112
Re: Assembly Bill 3037 - Yee - SUPPORT
Dear Assembly Member Yee:
WORKSAFE! submits this letter supporting Assembly Bill 3037 which strengthens occupational safety and health protection for workers by requiring a joint labor management safety and health committee or liaison team for employers in highly hazardous industries and for unsafe employers.
It also permits ANY employer to apply for a certificate of merit, whether or not the law requires the employer to have in place a joint labor-management safety and health committee or liaison team. Rewards are NOT automatic, however, contrary to the contention of the Association of California Insurance Companies. ONLY WHEN an employer demonstrates in an application to the Department of Industrial Relations that he or she has a good safety program utilizing a joint labor management committee or liaison team, is the employer entitled to rewards. Thus there is sufficient assurance that employers implement an effective program before an insurance company must provide a rebate.
The certificate of merit entitles the employer 1) to a workers' compensation insurance discount, and 2) if the employer bids on public contracts, also entitles the employer to a presumption with respect to the safety requirements that are part of the definition of what is a responsible bidder.
WORKSAFE! is a coalition of individuals and organizations dedicated to promoting occupational safety and health in the workplace in order to preserve the health of all Californians. The coalition includes individuals and groups throughout California, including occupational safety and health and other professionals, environmentalists, community groups and labor. We sponsored this legislation.
AB 3037 will save lives and prevent injuries and illnesses because a joint labor management safety and health committees, with members trained be effective, is one of the best tools for preventing injuries, illnesses and deaths in the workplace.
International research supports the premise that workforce involvement is essential to effective injury prevention efforts. For example a recent British study (Paci) found that within a sample of manufacturing establishments, organizations with union safety committees have 50% lower injury rates per 1000 than average. Organizations with non union safety committees have 40% lower injury rates. The weakest reducing effects on injury rates are where management deals with health and safety without any form of worker consultation.
A U.S. study (Smitha) published in December, 2001, concluded that safety committee programs, initiated at the state level, had a significant impact in the reduction of occupational injury severity rates. That study noted the "safety committee variable had the highest [impact] compared with the other safety variables...."
The Smitha study looked at numerous previous studies which had evaluated factors impacting occupational injury rates. The impetus for the study was to evaluate workplace safety initiatives to reduce occupational injuries undertaken in the 1980s and 1990s to control a dramatic increase in workers' compensation costs. The authors noted that proper evaluation of workplace safety factors is needed because ineffective regulations can be burdensome to business and to the economy. "This study provides useful information concerning the benefit of safety committee, safety program, and insurance carrier loss control regulations in reducing occupational injuries. This information is important for states considering implementation of additional workplace safety regulations...."
The statistical data showed safety committee regulations significantly reduced injury rates based on an evaluation of data from 42 states, controlling for multiple factors. The study looked at the effect of four common types of mandatory state-level workplace safety regulations on injury severity rates during the period 1992 - 1997 in the manufacturing sector. It looked at safety program regulations, insurance carrier loss control services requirements, and targeting of high hazard industries. The safety program regulations also produced a significant reduction in injuries, although the impact of safety committees was much greater. And there was a positive effect from insurance carrier loss control requirements when the model used was reduced to a smaller group by removing variables that did not have a significant impact on injury reduction.
The types of safety committee laws covered by the study varied, but contained some or all of the concepts proposed in AB 3037. In general, the committees required certain employers to establish workplace safety committees comprised of labor and management representatives. These committees are required to meet at certain intervals to discuss health and safety issues. The safety committees allow employees to voice concerns about safety and health and to make suggestions concerning methods to improve workplace safety. "The safety committee requirement is an action-oriented and communication-centered approach, perhaps more so than the other three safety variables."
California took its first step in 1989 to implement a workplace safety initiative which was evaluated by the study when it enacted legislation requiring every employer to have a written injury and illness prevention program meeting certain requirements. See Labor Code Section 6401.7. California took its second step in 2003 by enacting legislation that regulated workers' compensation insurance carriers by requiring them to provide better "loss control" services. See Labor Code Section 6401.7(l).
However, there is more that can and must be done. Both steps previously taken resulted in improved safety for workers and reduced injuries and illnesses. Despite these efforts, however, workers continue to be injured, taxing the workers' compensation system and wreaking havoc in workers' lives.
Workers' have a right to a safe place to work. The Legislature, in fact the entire State of California, is now focusing on workers' compensation costs. While making changes that may improve the workers' compensation program and/or reduce the generosity of the program, WORKSAFE! asks that the third factor identified by the National Academy of Social Insurance in their 1999 study (NASI) as contributing to a decline in workers' compensation costs between 1992 and 1996, also be addressed: fewer workplace injuries. The NASI study attributed recent declines in workers' compensation costs to three identifiable trends, one of which was fewer workplace injuries.
Studies clearly indicate safety committees are the factor most significantly reducing workplace injuries. Scientific and anecdotal studies of labor-management safety committees or liaison teams from the United States and around the world, where such are required, indicate that safety committees are the most effective means of reducing injuries, illnesses and deaths. AB 3037, requiring joint labor-management safety and health committees or liaison teams, will reduce injuries, illnesses and deaths and will result in reduced workers' compensation costs to employers.
The Association of California Insurance Companies argues there is already in place a mechanism for rewarding employers who have fewer losses. Yet there is no such mechanism in place for small employers who do not pay sufficient premium to qualify for an experience modification rate. Don't they deserve discounts for good safety records? This law will provide it.
Basically, the insurance industry argues "there are limits to the extent to which insurance can create financial safety incentives." However, the studies in Great Britain showed, at a minimum, a reduction of injuries by at least 40%. And in Oregon, the results were a reduction of about 43%. Surely, a 5% rebate for successful programs, where the employer actually demonstrates a good safety record with the use of these committees, is a worthwhile incentive. Surely the insurance industry is not arguing that reducing injuries overall would not reduce the overall costs of workers' compensation.
Finally, the Chamber of Commerce argues that in the opinion of employers, this law violates the National Labor Relations Act. However, the safety committee law in Oregon, upon which AB 3037 is modeled, was upheld as not violating the NLRA. See Oregon Occupational Safety & Health Division v. Overnite Transport Company, Docket No. SH-96336 (1999). Aff'd by Oregon Court of Appeals without opinion. 9 P.3d 161. The Oregon Supreme Court denied review. 2 P.3d 148 (2000). Further since the initial NLRB cases in 1992 and 1993 that raised the potential for a violation of the Act, more recent cases have looked favorably on these types of arrangements. See Crown Cork & Seal Company, 334 NLRB No. 92 (2001).
AB 3037 deserves the support of every member of the Legislature. All employers with a good safety record and a joint labor-management committee deserve a break. And workers deserve a safe and healthful place to work.
WORKSAFE! is a proud sponsor of and strongly supports AB 3037. Thank you for authoring this legislation, for your concern for California's workers, and for your continuing commitment to occupational safety and health.
Sincerely,
Frances C. Schreiberg WORKSAFE! Volunteer
Paci, Reilly and Holl. Unions, Safety Committees and Workplace Injuries, No. 31. Dept of Economics and Applied Econometrics Research Unit. Smitha, M., Kirk, K, Oestenstad, K., Brown, K., and Lee, S., Effect of State Workplace Safety Laws on Occupational Injury Rates, Journal of Occupational and Environmental Medicine, Volume 43, No. 12, December, 2001.National Academy of Social Insurance. WC: Benefits, Coverage, and Costs, 1996 New Estimates. Washington, DC: NASI; 1999. National Academy of Social Insurance. WC: Benefits, Coverage, and Costs, 1994 - 1995 New Estimates. Washington, DC: NASI; 1997.
Printer-Friendly Page
