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AB-2092 Emergency ambulance employees: subsidized protective gear.(2019-2020)



Current Version: 07/16/20 - Amended Senate         Compare Versions information image


AB2092:v97#DOCUMENT

Amended  IN  Senate  July 16, 2020
Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2092


Introduced by Assembly Member Rodriguez

February 05, 2020


An act to add Section 6414 to the Labor Code, relating to emergency ambulance employees.


LEGISLATIVE COUNSEL'S DIGEST


AB 2092, as amended, Rodriguez. Emergency ambulance employees: safety devices and safeguards. subsidized protective gear.
Existing law establishes a statewide system for emergency medical services and establishes the Emergency Medical Services Authority, which is responsible for establishing training, scope of practice, and continuing education for emergency medical technicians and other prehospital personnel. Existing law, the California Occupational Safety and Health Act of 1973, imposes safety responsibilities on employers and employees, including requirements that every employer furnish and use safety devices and safeguards, and adopt and use practices that are reasonably adequate to render the employment and place of employment safe and healthful. Existing law makes a violation of those requirements a crime.
This bill would require an emergency ambulance provider to inform each emergency ambulance employee, upon initial employment and subsequently on an annual basis, of the employee’s right to request safety devices and safeguards, as defined, at the beginning of the employee’s shift. establish a voluntary personal protective equipment (PPE) program that allows for the purchase of subsidized multithreat body protective gear that is bullet, strike, slash, and stab resistant by an emergency ambulance employee pursuant to an employer-funded stipend, and authorize an employee to voluntarily participate in a PPE program and to wear the PPE while on duty. The bill would require a provider to inform an employee of the opportunity to purchase subsidized multithreat body protective gear through a PPE program. By creating a new duty new duties for emergency ambulance providers, a violation of which would be a crime, the bill would impose a state-mandated local program. The bill would not apply to the state or a political subdivision of the state.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 6414 is added to the Labor Code, to read:

(a)An emergency ambulance provider shall inform an emergency ambulance employee, upon initial employment and subsequently on an annual basis, of the employee’s right to request safety devices and safeguards at the beginning of the employee’s shift, as provided by Section 6401.

6414.
 (a) (1) An emergency ambulance provider shall establish a voluntary personal protective equipment (PPE) program that allows for the purchase of subsidized multithreat body protective gear by an emergency ambulance employee pursuant to an employer-funded stipend. An emergency ambulance employee’s participation in purchasing protective gear through a PPE program shall be completely voluntary. An emergency ambulance employee shall not be prevented from wearing protective gear purchased under a PPE program while on duty as an emergency ambulance employee.
(2) An emergency ambulance provider shall inform an emergency ambulance employee, upon initial employment and subsequently on an annual basis, of the opportunity to purchase subsidized multithreat body protective gear through a PPE program.
(b) For purposes of this section , section, the following definitions apply:
(1) “Emergency ambulance employee” means a person who meets both of the following requirements:
(A) Is an emergency medical technician (EMT), dispatcher, paramedic, or other licensed or certified ambulance transport personnel who contributes to the delivery of ground ambulance services.
(B) Is employed by an emergency ambulance provider.
(2) “Emergency ambulance provider” means an employer that provides ground ambulance services, but not including the state, or any political subdivision of the state, in its capacity as the direct employer of a person meeting the description contained in paragraph (1).

(3)“Safety devices and safeguards” includes, but is not limited to, any material or equipment worn by the employee that is intended to provide, but is not limited to, both of the following:

(A)Body protection from ballistic, slash, and stabbing attacks.

(B)Bodily orifice protection from flying particles, sparks, bodily fluids, and biohazard splatter.

(3) Multithreat body protective gear” means material or equipment worn by an employee that is bullet, strike, slash, and stab resistant.

SEC. 2.

 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.