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

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AB520:v98#DOCUMENT

Amended  IN  Senate  August 15, 2016

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Assembly Bill
No. 520

Introduced by Assembly Members Levine and Atkins

February 23, 2015

An act to amend Section 3073.5 of of, and to add Section 147.6 to, the Labor Code, relating to apprenticeship. private employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 520, as amended, Levine. Apprenticeship. Private employment: occupational safety and apprenticeships.
The California Occupational Safety and Health Act of 1973 provides the Division of Occupational Safety and Health within the Department of Industrial Relations with the power, jurisdiction, and supervision over all employment and places of employment necessary to enforce and administer all occupational health and safety laws and to protect employees. The Occupational Safety and Health Standards Board, an independent entity within the department, has the exclusive authority to adopt occupational safety and health standards within the state.
This bill would require the board, by June 1, 2017, to adopt a standard that requires an employer performing corrosion prevention work on industrial and infrastructure projects to use trained and certified personnel, as specified. Because certain violations of these new requirements would be a misdemeanor, the bill would impose a state-mandated local program.
Existing law provides for apprenticeship programs within the Division of Apprenticeship Standards within the Department of Industrial Relations, sponsored by specific entities and employers, and requires the Chief of the Division of Apprenticeship Standards to perform various functions with respect to apprenticeship programs and the welfare of apprentices.
Existing law also establishes the California Apprenticeship Council within the Division of Apprenticeship Standards, and requires the council to aid the director in formulating policies with respect to apprentice regulation.
Existing law requires the Chief of the Division of Apprenticeship Standards and the California Apprenticeship Council to report annually through the Director of Industrial Relations on the activities of the division and the council, and further requires that the report include specified information with respect to apprenticeship programs in this state.
This bill would require the report to include an analysis of any apprenticeship standards or regulations that were proposed or adopted in the previous year.
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: NOYES  

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


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 and the California Apprenticeship Council shall annually report through the Director of Industrial Relations to the Legislature and the public on the activities of the division and the council. The report shall contain information including, but not limited to, analyses of the following:
(a) The number of individuals, including numbers of women and minorities, registered in apprenticeship programs in this state for the current year and in each of the previous five years.
(b) The number and percentage of apprentices, including numbers and percentages of minorities and women, registered in each apprenticeship program having five or more apprentices, and the percentage of those 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 agreements submitted to the Administrator of Apprenticeship for determination and the number of those issues resolved by the council on appeal.
(e) The number of apprenticeship 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) 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.