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SB-1257 Employment safety standards: household domestic services.(2019-2020)

Senate:
Int
1st
Cmt
2nd
3rd
Pass
Pass
Veto
Assembly:
1st
Cmt
2nd
3rd
Pass
Bill Status
SB-1257
Durazo (S)
Bonta (A)
Carrillo (A) , Gipson (A) , Gonzalez (A) , Jones-Sawyer (A) , Kalra (A)
Employment safety standards: household domestic services.
03/25/20
An act to amend Sections 6303 and 6314 of, and to add Section 6305.1 to, the Labor Code, relating to employment.
Senate
09/04/20
08/24/20

Type of Measure
Active Bill - In Floor Process
Majority Vote Required
Non-Appropriation
Fiscal Committee
State-Mandated Local Program
Non-Urgency
Non-Tax levy
Last 5 History Actions
Date Action
11/30/20 Last day to consider Governor's veto pursuant to Joint Rule 58.5.
09/29/20 In Senate. Consideration of Governor's veto pending.
09/29/20 Vetoed by the Governor.
09/10/20 Enrolled and presented to the Governor at 3 p.m.
08/30/20 Assembly amendments concurred in. (Ayes 28. Noes 10. Page 4478.) Ordered to engrossing and enrolling.
Governor's Veto Message
To the Members of the California State Senate:

I am returning Senate Bill 1257 without my signature.

This bill would expand the jurisdiction of the Division of Occupational Safety and Health (Cal-OSHA) to cover household domestic service employees working in residential dwellings, with the exception of services that are publicly funded. This would in effect bring approximately 11 million homes and apartments under the regulatory jurisdiction of Cal-OSHA.

I strongly share the belief of the bill's author and proponents that, like all other California workers, domestic service employees deserve protections to ensure that their workplaces are safe and healthy. That is why I was proud to sign legislation last year that extended collective bargaining rights to California's childcare workers and continue efforts through the Future of Work Commission to expand safety and opportunity for these workers.

However, new laws in this area must recognize that the places where people live cannot be treated in the exact same manner as a traditional workplace or worksite from a regulatory perspective.

SB 1257 would extend many employer obligations to private homeowners and renters, including the duty to create an injury prevention plan and requirement to conduct outdoor heat trainings. Many individuals to whom this law would apply to lack the expertise to comply with these regulations. The bill would also put into statute a potentially onerous and protracted "investigation by letter" procedure between Cal-OSHA and private tenants and homeowners. In short, a blanket extension of all employer obligations to private homeowners and renters is unworkable and raises significant policy concerns.

My Administration, through the Labor Agency and Cal-OSHA, is committed to engaging with the author and stakeholders to carefully consider and develop solutions that protect domestic workers and the privacy of an individual's private residence.


The dialogue that SB 1257 has opened up is an invaluable step in the right direction, and I look forward to an ongoing partnership with the Legislature to continue our work on this critical issue.

Sincerely,





Gavin Newsom