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AB-7 Emergency ambulance employees: multithreat body protective gear.(2021-2022)



Current Version: 09/09/21 - Enrolled Compare Versions information image


AB7:v96#DOCUMENT

Enrolled  September 09, 2021
Passed  IN  Senate  September 02, 2021
Passed  IN  Assembly  September 07, 2021
Amended  IN  Senate  June 23, 2021
Amended  IN  Assembly  April 13, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 7


Introduced by Assembly Member Rodriguez
(Coauthors: Assembly Members Carrillo, Luz Rivas, and Lorena Gonzalez)

December 07, 2020


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


LEGISLATIVE COUNSEL'S DIGEST


AB 7, Rodriguez. Emergency ambulance employees: multithreat body protective gear.
Existing law establishes a statewide system for emergency medical services, through which the Emergency Medical Services Authority is responsible for the coordination and integration of all state activities concerning emergency medical services, including on matters of 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, upon request by an emergency ambulance employee, require an emergency ambulance provider to provide that employee with multithreat body protective gear, defined as material or equipment that is worn by an employee and is bullet, strike, slash, and stab resistant, and, for these purposes only, to be considered as part of the above-described safety devices and safeguards. The bill would require the provider, once the provider has obtained the protective gear, to make the protective gear readily available for the requesting employee to use when responding to an emergency call, and to provide training to that employee on the proper fitting and use of the protective gear, as specified. The 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 multithreat body protective gear.
By creating 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 bill would require the Emergency Medical Services Authority to develop and establish standards for the protective gear provided, to develop a process of certification for the protective gear, and to develop guidelines for the above-described training, as specified.
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:

6414.
 (a) (1) Subject to the requirements of Section 31360 of the Penal Code, upon request by an emergency ambulance employee, an emergency ambulance provider shall provide multithreat body protective gear to that employee and, once the protective gear is acquired by the provider, shall make the protective gear readily available for the employee to use when responding to an emergency call. The emergency ambulance provider shall provide training to that employee on the proper fitting and use of the protective gear, consistent with the guidelines developed pursuant to paragraph (3) of subdivision (b).
(2) An emergency ambulance employee shall not be prevented from using multithreat body protective gear while on duty as an emergency ambulance employee.
(3) An emergency ambulance provider shall inform each emergency ambulance employee, upon initial employment and subsequently on an annual basis, of the employee’s right to request multithreat body protective gear.
(b) (1) The Emergency Medical Services Authority shall develop and establish standards for the protective gear provided pursuant to subdivision (a).
(2) In developing the standards described in paragraph (1), the authority shall additionally develop a process of certification for the protective gear provided pursuant to subdivision (a).
(3) The authority shall additionally develop guidelines for emergency ambulance providers on training emergency ambulance employees on the proper fitting and use of the protective gear provided pursuant to subdivision (a).
(4) The authority, when developing standards, processes, or guidelines pursuant to this subdivision, may work and contract with other state agencies and nonprofit and private entities.
(c) For purposes of this section, the following definitions apply:
(1) (A) “Emergency ambulance employee” means a person who meets both of the following requirements:
(i) Is an emergency medical technician (EMT), paramedic, or other licensed or certified ambulance transport personnel who contributes to the delivery of ground ambulance services.
(ii) Is employed by an emergency ambulance provider.
(B) Notwithstanding subparagraph (A), air ambulance employees and stationary dispatchers do not fall under this definition for purposes of this section and are not subject to the requirements of this section.
(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) “Multithreat body protective gear” or “protective gear” means material or equipment that is worn by an employee and is bullet, strike, slash, and stab resistant. For purposes of emergency ambulance providers under this section only, multithreat body protective gear shall be considered as part of safety devices and safeguards, as described in Section 6401.
(d) This section does not apply in instances in which emergency ambulance services are provided pursuant to a collective bargaining agreement, in which case the collective bargaining agreement shall apply.

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.