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AB-676 Child care and development: occupational health and safety training.(2017-2018)

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Date Published: 05/30/2017 02:00 PM
AB676:v97#DOCUMENT

Amended  IN  Assembly  May 30, 2017
Amended  IN  Assembly  March 27, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 676


Introduced by Assembly Member Limón

February 15, 2017


An act to amend Section 1596.86 of, and to add Section 1596.8663 to, the Health and Safety Code, relating to child care.


LEGISLATIVE COUNSEL'S DIGEST


AB 676, as amended, Limón. Child care and development: occupational health and safety training.
Existing federal law, the Child Care and Development Block Grant Act of 1990, which is administered by the State Department of Education in California, requires that a state plan include requirements that specified child care providers receive minimum health and safety training relating to, among other things, the prevention and control of infectious diseases and the handling and storage of hazardous materials in order to receive funding for child care.
Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of child day care facilities by the State Department of Social Services. Existing law, the Child Care and Development Services Act, administered by the State Department of Education, requires the Superintendent of Public Instruction to administer child care and development programs that offer a full range of services for eligible children from infancy to 13 years of age, including, among others, resource and referral programs, alternative payment programs, and family child care home education networks.
This bill would, effective July 1, 2018, require an early educator, as defined, to attend a one-time, two-hour, peer-led training on occupational health and safety risks specific to the child care profession, and on how to identify and avoid those risks. The bill would require the Department of Industrial Relations to select an entity to provide this training. The bill would require that entity to develop the curriculum for the training and to provide periodic updates on health and safety issues for early educators who have completed the training, as specified. The bill would require the State Department of Social Services to administer the contract with the entity selected to provide the training and to provide the entity with contact information for early educators family day care home providers who have and have not attended the training.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) Improving occupational safety and health in all lines of work is a priority for the State of California, and that focus should extend to early educators.
(b) Early educators are at risk for occupational safety and health risks on the job, including from toxic chemicals, illness, stress, and physical hazards such as lifting and bending. According to the Bureau of Labor Statistics, childcare workers have musculoskeletal injury rates comparable to those of industrial truck and tractor operators and construction equipment operators.
(c) Research demonstrates that in-person, peer-led training is superior to conventional learning methods because it creates a comfortable and nonintimidating learning environment, leads to academic, motivational, and social benefits, and has a positive effect on attitudes, norms, knowledge, behaviors, and health and achievement outcomes.
(d) California has an interest in ensuring that the early education workforce is well-trained, stable, and engaged. Early educators who are well-trained, stable, and engaged will be able to provide higher quality care to children, improving children’s developmental outcomes and allowing parents to go to work knowing their children are being well cared for. Well-trained and stable early educators will also be more able to provide vital stakeholder input to policymakers. Facilitating early educator involvement with associations or organizations that foster professional development and stakeholder engagement will help California achieve these goals.
(e) The federal Child Care and Development Block Grant Act of 1990 (CCDBG)(42 U.S.C. Sec. 9857 et seq.) was reauthorized in 2014 (Public Law 113-186) and rules implementing the law became effective on November 29, 2016. The changes to the law include a requirement that early educators complete preservice or orientation training on topics including infectious disease prevention and control, building and physical premises safety, emergency preparedness and disaster response, and handling and storage of hazardous materials and disposal of biocontaminants. Requiring early educators to complete in-person, peer-led occupational health and safety training will satisfy several of the new CCDBG health and safety requirements. This training will also help early educators with child development permits satisfy the 105 hours of professional growth activities necessary to renew their permits. The training will also improve health and safety for early educators and the children in their care, and will therefore benefit the families of the children served and the economy of the state.

SEC. 2.

 Section 1596.86 of the Health and Safety Code is amended to read:

1596.86.
 (a) The director shall annually publish and make available to interested persons a list or lists covering all licensed child day care facilities, other than small family day care homes, and the services for which each facility has been licensed or issued a special permit. The lists shall also specify the licensed capacity of the facility and whether it is licensed by the department or by another public agency.
(b) To encourage the recruitment of small family day care homes and protect their personal privacy, the department shall prevent the use of lists containing names, addresses, and other identifying information of facilities identified as small family day care homes, except as necessary for administering the licensing program, facilitating the placement of children in these facilities, and providing the names and addresses to resource and referral agencies funded by the State Department of Education, food and nutrition programs funded by the State Department of Education, alternative payment programs funded by the State Department of Education, county programs under the Greater Avenues for Independence Act of 1985 (Article 3.2 (commencing with Section 11320) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code), the entity selected to provide occupational health and safety training pursuant to Section 1596.8663, family day care organizations, or specialized health care service plans licensed under the Knox-Keene Health Care Service Plan Act of 1975, as contained in Chapter 2.5 (commencing with Section 1340), which provide employee assistance program services that include child care referral services. Upon request, parents seeking local day care services may receive the names and telephone numbers of local small family day care providers.
(c) The department, in consultation with the Child Development Division of the State Department of Education, shall adopt regulations relating to the confidentiality of information provided pursuant to subdivision (b) on small family day care homes. These regulations shall include procedures for updating lists or other information on small family day care providers to ensure referral only to licensed homes in good standing with the department. Any A person or entity violating the regulations under this subdivision may be denied access by the department to information on small family day care homes and shall be reported by the department to the appropriate funding or licensing department.

SEC. 3.

 Section 1596.8663 is added to the Health and Safety Code, to read:

1596.8663.
 (a) As used in this section, the following definitions apply:
(1) “Early educator” means either of the following:
(A) A person who provides child care services directly to children on a person-to-person basis at a licensed child day care facility, as defined in Section 1596.750, and is either a child care provider, an administrator, or an employee of a licensed child day care facility.
(B) A person who provides child care services directly to children on a person-to-person basis under a publicly funded child care program, and is a child care provider who is exempt from licensing requirements pursuant to Section 1596.792 of the Health and Safety Code. 1596.792.
(2) “Contact information” means an early educator’s name, home address, mailing address, telephone number or numbers, email address address, if available, and unique provider identification number number, if applicable.
(3) “Peer-led training” means a an in-person training session for early educators that is led by one or more other early educators who have had specific training in how to lead the sessions.
(4) “Publicly funded child care program” means a program that subsidizes early learning and care for children and that is administered by the State Department of Education, the department, or another department, agency, or political subdivision of the state, including, but not limited to, child care voucher programs, the California State Preschool Program, child care center contracts, subsidized child care centers operated by school districts, and programs established subsequent to the passage of this article, but not including teachers in the K–12 public education system or before- or after-care programs operated by K–12 public school systems.
(b) The department shall require an early educator to attend a one-time, two-hour, peer-led training session on occupational health and safety risks specific to the child care profession, and on how to identify and avoid those risks.
(c) The department may establish a schedule according to which all early educators shall be required to complete the training within no more than four six years of when the training is first offered pursuant to this section, or within three months of the early educator beginning to care for children in a licensed child day care facility, person becoming an early educator, whichever occurs later. In establishing this schedule, the department shall prioritize requiring licensed early educators to be trained first. The department shall determine, with the entity selected to provide the training, the number of early educators to be trained annually and the prioritization as to which early educators will be trained first. No more than 15,000 early educators shall be trained in the first year of the program.
(d) Alternatives to the in-person, peer-led training session, including, but not limited to, online and teleconference options, shall be offered on a case-by-case basis to early educators who have been unable to attend a training because of geographic distance or other compelling reason within six years of when training is first offered pursuant to this section, or within three months of the person becoming an early educator, whichever occurs later.

(d)

(e) The training session shall include all of the following:
(1) A discussion of all of the following risks and how the risks can be identified and minimized in a child care setting:
(A) Chemical and biological hazards.
(B) Infectious disease.
(C) Physical hazards and stress.
(2) Small-group and large-group discussion.
(3) An opportunity for an early educator to learn from current child care professionals. early educators.
(4) Presentations by associations or organizations that foster professional development and stakeholder engagement about professional development and stakeholder engagement opportunities for early educators, upon approval by the department, based on a determination that presentations by those organizations would be relevant and useful to the early educators and further the interests of the state in a well-trained, engaged workforce.
(5) An opportunity for an early educator to give feedback on the training he or she has received.

(e)

(f) The entity selected pursuant to subdivision (f) (g) to provide the training required by this section shall develop the curriculum for the training session in consultation with the State Department of Public Health and with direct input from early educators. The curriculum shall be reviewed and approved by the Division of Occupational Safety and Health within the Department of Industrial Relations.

(f)

(g) The Department of Industrial Relations shall, on a competitive basis, select a nonprofit entity to provide the occupational health and safety training required by this section. The Department of Industrial Relations shall select an entity that has experience providing occupational health and safety training to early educators, as described in this section.

(g)

(h) The department shall administer the contract with the entity selected to provide the occupational health and safety training.

(h)

(i) The training required by this section shall be coordinated, to the extent possible, with other preservice training requirements for early educators and with resource and referral networks, so as to reduce burden on providers. early educators. Once an early educator has completed the training, he or she shall not be required to complete it again if he or she moves to another early education job.

(i)

(j) The entity selected to provide the training shall take attendance at the training and shall inform the department of the names and other identifying information of the early educators who have attended.

(j)

(k) (1) On a monthly basis, beginning one month prior to the date of the first occupational health and safety training, the department shall provide to the entity selected to provide the training lists of the contact information of early educators family day care home providers who have attended the training, and of those who are required to attend the training but have not yet attended. The entity selected to provide the training shall use the contact information in these lists only for the purpose of accomplishing the training goals described in this section, including publicizing the training and providing periodic updates to early educators as required pursuant to subdivision (l). The entity shall not sell the lists to, or share the lists with, third parties.
(2) The department shall compile the lists of contact information described in paragraph (1) with the assistance of the State Department of Education and any other state department or agency, or its contractor or subcontractor, in possession of the contact information for early educators family day care home providers who are required to attend the training.
(3) Upon written request of an early educator, a family day care home provider, the department shall remove the early educator’s family day care home provider’s home address and home telephone number from the lists described in paragraph (1) before the release of the list. An early educator A family day care home provider who opts out of the disclosure of his or her home address and home telephone number shall still be required to attend the training required by this section.

(k)

(l) The entity selected to provide the training shall provide early educators with periodic updates on health and safety issues, and other educational information relevant to the training using the contact information in the lists described in subdivision (j) (k) and the attendance data described in subdivision (i). (j).

(l)

(m) The department and the entity selected to provide the training shall comply with the Dymally-Alatorre Bilingual Services Act (Chapter 17.5 (commencing with Section 7290) of Division 7 of Title 1 of the Government Code), which includes, among alternative communication options, providing the same type of training materials in any non-English language spoken by a substantial number of members of the public whom the department serves.

(m)

(n) This section shall take effect on July 1, 2018.