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



Current Version: 04/13/21 - Amended Assembly Compare Versions information image


AB7:v98#DOCUMENT

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 and Luz Rivas)

December 07, 2020


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


LEGISLATIVE COUNSEL'S DIGEST


AB 7, as amended, Rodriguez. Emergency ambulance employees: subsidized multithreat body protective gear.
Existing law establishes a statewide system for emergency medical services and establishes services, through which the Emergency Medical Services Authority, which is responsible for establishing 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 require an emergency ambulance provider to 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

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 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)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.

6414.
 (a) (1) Upon request by an emergency ambulance employee, an emergency ambulance provider shall provide multithreat body protective gear to that employee and 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.

(b)

(c) For purposes of this 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), 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, 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” means material or equipment worn by an employee that is bullet, strike, slash, and stab resistant.

(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.

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.