Today's Law As Amended

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AB-263 Emergency medical services workers: rights and working conditions.(2017-2018)



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.
(b) On or before January 1, 2019, and annually thereafter, the authority, in a manner that protects patient and employee confidentiality, shall post a report on its Internet Web site containing the information it received in the previous calendar year pursuant to subdivision (a).
(c) 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 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.
(d) Nothing in this section shall alter or amend existing reporting and recordkeeping requirements of EMS providers required by Section 3342 of Title 8 of the California Code of Regulations, as it existed on April 1, 2017.

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.
(b) During the authorized rest period set forth in subdivision (a), an employer shall relieve an employee of all duties and relinquish control over how the employee spends his or her time, except that an employer may require employees to monitor pagers, radios, station alert boxes, intercoms, cellular telephones, or other communication methods during rest or recovery periods, to provide for the public health and welfare.
(c) (1) An employer may interrupt a rest period under this section requiring an employee to terminate a rest period and resume work if either of the following occurs:
(A) The employer receives an emergency call in response to which the operators of the emergency vehicle in which the employee works would sound a siren and make visible the vehicle’s emergency lights.
(B) An unforeseeable, natural, or man-made disaster.
(2) In the event that a rest period is interrupted pursuant to paragraph (1), the employer shall pay the employee one hour of pay at the employee’s regular rate of compensation for each workday during which the rest period is interrupted, and shall provide an equivalent rest period as soon as practicable thereafter during the employee’s shift.
(d) An employer described in subdivision (a) shall include, as part of the itemized statement the employer is required to furnish pursuant to subdivision (a) of Section 226, the total hours or pay owed to the employee on account of an interrupted rest period as set forth in subdivision (c), as well as the total hours or pay owed to the employee on account of a rest period missed for any other reason.
(e) This section shall not apply to employees directly employed by the state or any political subdivision thereof, including any city, county, or special district.

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.
(b) During the meal period set forth in subdivision (a), an employer shall relieve an employee of all duties and relinquish control over how the employee spends his or her time, except that an employer may require employees to monitor pagers, radios, station alert boxes, intercoms, cellular telephones, or other communication methods during rest or recovery periods, to provide for the public health and welfare.
(c) (1) An employer may interrupt a meal period under this section requiring an employee to terminate a meal period and resume work if either of the following occurs:
(A) The employer receives an emergency call in response to which the operators of the emergency vehicle in which the employee works would sound a siren and make visible the vehicle’s emergency lights.
(B) An unforeseeable, natural, or man-made disaster.
(2) In the event that a meal period is interrupted pursuant to paragraph (1), the employer shall pay the employee one hour of pay at the employee’s regular rate of compensation for each workday during which the meal period is interrupted, and shall provide an equivalent meal period as soon as practicable thereafter during the employee’s shift. This subdivision shall apply regardless of whether the employee and employer have entered into a written agreement regarding an “on duty” meal period described in paragraph (C) of Section 11 of Wage Order 9 of the Industrial Welfare Commission (8 Cal. Code Regs. 11090).
(d) An employer described in subdivision (a) shall keep accurate time records showing when an employee begins and ends each meal period regardless of whether the period is interrupted. The records shall be available for inspection by the employee upon reasonable request.
(e) An employer described in subdivision (a) shall include, as part of the itemized statement the employer is required to furnish pursuant to subdivision (a) of Section 226, the total hours or pay owed to the employee on account of an interrupted meal period as set forth in subdivision (c), as well as the total hours or pay owed to the employee on account of a meal period missed for any other reason.
(f) This section shall not apply to employees directly employed by the state or any political subdivision thereof, including any city, county, or special district.

SEC. 4.

 Section 226.11 is added to the Labor Code, to read:

226.11.
 (a) Notwithstanding any other law, an employer who is certified by the Federal Aviation Administration under Part 135 of Title 14 of the Code of Federal Regulations as a direct or indirect air carrier, and who conducts business as an air ambulance service, without penalty, may avoid disruption of services by requiring an employee to remain on call during meal and rest periods, or as otherwise dictated by the Federal Aviation Administration, or as governed by the federal Airline Deregulation Act of 1978 (Public Law 95-504, as amended). The employer shall provide another meal period or authorize and permit another rest period, or both a meal and rest period, as applicable, when an employee is affirmatively required to interrupt his or her meal or rest period to respond to the needs of patients.
(b) Notwithstanding any other law, an employer who is certified by the Federal Aviation Administration under Part 135 of Title 14 of the Code of Federal Regulations as a direct or indirect air carrier, and who conducts business as an air ambulance service, without penalty, may avoid disruption of services by requiring an employee to continue to provide emergency care during a patient transport during meal and rest periods, or as otherwise dictated by the Federal Aviation Administration, or as governed by the federal Airline Deregulation Act of 1978 (Public Law 95-504, as amended). If the employer cannot provide a meal or rest period to an employee with direct responsibility for emergency air ambulance services within the timeframes established under applicable law, due to patient needs or the necessity to provide service, the employer shall provide a meal or rest period as soon as reasonably possible.