Today's Law As Amended

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AB-520 Private employment: occupational safety and apprenticeships.(2015-2016)



SECTION 1.

 Section 147.6 is added to the Labor Code, to read:

147.6.
 (a) The board shall, by June 1, 2017, adopt a standard developed by the division that requires employers performing corrosion prevention work on industrial and infrastructure projects to use trained and certified personnel.
(b) The standard adopted pursuant to subdivision (a) shall include all of the following:
(1) A requirement that an employee performing corrosion prevention work be trained in accordance with the NACE 13/ACS 1 standard for an industrial coating and lining application specialist developed by the Society for Protective Coatings (SSPC) and the National Association of Corrosion Engineers International (NACE).
(2) A requirement that an employee who performs corrosion prevention work obtain a certification as an SSPC Level 2 Corrosion Application Specialist, or an equivalent certification.
(3) A requirement that an employer performing corrosion prevention work use at least three trained and certified employees for every one employee who is not certified, with the uncertified employee working under supervision.
(4) Provisions that allow corrosion prevention work to be performed by apprentices registered in an industrial apprenticeship program approved by the Division of Apprenticeship Standards pursuant to Section 3075 that provides training to meet the NACE 13/ACS 1 standard.
(5) Provisions that require an employer to maintain records of compliance with the standard and allow reasonable access to those records by members of the public in a manner that protects employee privacy.
(6) An appropriate phase-in period for the certification requirement that ensures full implementation of the standard by January 1, 2020.
(7) A definition of corrosion prevention work that includes surface preparation, including by abrasive blasting, and application of protective coatings and linings, including spray application, to steel and concrete surfaces for the purpose of corrosion prevention.
(8) An exception from the standard for work on sheet metal and ventilation systems or on plumbing and piping systems or precast concrete work that is performed offsite when the work on those systems or precast concrete work is performed by either of the following:
(A) Skilled journeypersons who are graduates of an apprenticeship program for the applicable occupation that was either approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075 or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor.
(B) Apprentices registered in an apprenticeship program for the applicable occupation that is approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075.
(9) An exception from the standard if the surface to be prepared and the surface to be coated are both smaller than 100 square or 100 linear feet.
(c) This section shall not be construed to limit the authority of the standards board to adopt additional standards to protect employees performing corrosion prevention or other industrial painting work. Nothing in this section shall be interpreted to preclude the board from adopting standards that include elements or requirements additional to, or broader in scope than, those described in this section.

SECTION 1.SEC. 2.

 Section 3073.5 of the Labor Code is amended to read:

3073.5.
 The Chief of the Division of Apprenticeship Standards,  Standards and  the California Apprenticeship Council, and the Interagency Advisory Committee on Apprenticeship  Council  shall annually report separately  through the Director of Industrial Relations to the Legislature and the public on their activities.  the activities of the division and the council.  The report shall contain information including, but not limited to, analyses of the following:
(a) (1)  The number of individuals, including numbers of women and minorities, registered in apprenticeship, preapprenticeship, and other programs administered pursuant to this chapter in the apprenticeship programs in this  state for the current year and in each of the previous five years.
(2) For construction trade and firefighter apprenticeship programs, the report shall include demographic data detailing the racial, ethnic, and gender makeup of those participants for the annual reporting period.
(b) The number and percentage of participants, apprentices,  including numbers and percentages of minorities and women, registered in each apprenticeship  program having five or more participants, apprentices,  and the percentage of those participants apprentices  who have completed their programs successfully in the current year and in each of the previous five years.
(c) Remedial actions taken by the division to assist those apprenticeship  programs having difficulty in achieving affirmative action goals or having very low completion rates.
(d) The number of disputed issues with respect to individual apprenticeship or other  agreements submitted to the Administrator of Apprenticeship for determination and the number of those issues resolved by the administrator or the  council on appeal.
(e) The number of apprenticeship and other  program applications received by the division, the number approved, the number denied and the reason for those denials, the number being reviewed, and deficiencies, if any, with respect to those program applications being reviewed.
(f) The number of apprenticeship programs, approved by the Division of Apprenticeship Standards, that are disapproved by the California Apprenticeship Council, and the reasons for those disapprovals.
(g) The number of apprenticeship programs receiving reimbursement for related and supplemental instruction pursuant to Section 8152 or 79149.3 of the Education Code including the amounts reimbursed to each program, as reported to the Division of Apprenticeship Standards by the California Community Colleges Chancellor’s Office.
(h) The number of apprenticeship programs receiving reimbursement as part of the budget formula developed pursuant to paragraph (2) of subdivision (d) of Section 84750.5 of the Education Code or its successor section, as described in Section 79149.1 of the Education Code including the amounts reimbursed to each program, as reported to the Division of Apprenticeship Standards by the California Community Colleges Chancellor’s Office.
(i) (g)  Any apprenticeship standards or regulations that were proposed or adopted in the previous year.
SEC. 3.
 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.