AB 190 — Requires certain health and safety training for entertainment industry workers and supervisors. (BDR 53-151)

(ReprintedAssembly withBill amendmentsNo. adopted on April 19, 2017) FIRST REPRINT A.B.

190190–Assemblywoman ADiaz SSEMBLYCHAPTER.......... B ILLN O.

190–ASSEMBLYWOMAN D IAZ PREFILED F EBRUARY 13, 2017 ____________ Referred to Committee on Commerce and Labor SUMMARY—Requires certain health and safety training for entertainment industry workers and supervisors.

(BDR 53-151) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

(1) supervisory employees working on certain sites related to the entertainment industry to complete a specified 30-hour health workersand workingsafety on such a site to complete a specified 10-hour course not latererlater than 15 days after being hired.hired;

Sectionand 7(2) ofcertain thisother billworkers definesworking “worker” to include only those persons whose primary occupation is to perform work on such a site,site and section 7.5 of this bill provides that the requirements in this bill do not apply to acomplete person who is a volunteerspecified or10-hour othercourse person who is not paidlater tothan work15 ondays suchafter abeing site.hired.

Section 97 of this bill requiresdefines the“worker” Divisionto ofinclude Industrialsection Relations7.5 of thethis Departmentbill ofprovides Businessthat andthe Industryrequirements toin adoptthis regulationsbill approvingdo coursesnot whichapply requires providers of approved courses to displaya theperson cardwho evidencingis theirilla authorizationvolunteer byor theother Occupationalperson Safetywho andis Healthnot Administrationpaid of the United States Department of Labor to providework on such a coursesite. at the location at which the course is being provided.

Section 129 of this bill requires employers to suspend or terminate the employmentDivision of anIndustrial employeeRelations onof anthe applicableDepartment site who fails to provide proof of ofBusiness thisand billIndustry provides for administrative fines for employers who fail to suspendadopt or3regulations terminateapproving certaincourses employeeswhich onmay abe siteused afterto fulfill the 15-dayrequirements periodof ifsection those11. employees have not obtained the required training.

Section 10 of this bill requires providers of approved courses to display the card evidencing their authorization by the Occupational Safety and Health Administration of the United States Department of Labor to provide such a course at the location at which the courSection 12 of this bill requires employers to suspend or terminate the employment of an employee on an applicable site who fails to provide proof of obtaining the required training not later than 15 days after being hired.

Section 13 of this bill provides for administrative fines for employers who fail to suspend or terminate certain employees on a site after the 15-day period if those employees have not obtained the required training.

-completing *AB190_R1*an –alternative 2course –to (2)take requires an employeeapproved thatcourse satisfiesbefore theJanuary requirements1, of section 11 by 2019;

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

As used in sections 2 to 13, inclusive, of this act, unless the context otherwise requires, the words and terms defined - 79th Session (2017) – 2 – in sections 3 to 7, inclusive, of this act have the meanings ascribed to them in those sections.

“OSHA-10 course” means a 10-hour course in general industry safety and health hazard recognition and prevention developed by the Occupational Safety and Health Administration of the United States Department of Labor.Labor.th Sec.

Sec.

“Worker” means a person whose primary occupation is to perform work on a site, including, without limitation, the construction, installation, maintenance, operation, repair or removalrem1.al of:Theatrical scenery, rigging or props;

1.

Theatrical scenery, rigging or props;

- *AB190_R1* – 3 – 3.

or - 79th Session (2017) – 3 – (e) Theatrical performances.

necessary to carry out the provisions of sections 2 to 13, inclusive, of this act.

8.

The Division may adopt such regulations as are necessary to carry out the provisions of sections 2 to 13, inclusive, of this act.

Sec.

(b) “Trainer card” means the card issued upon completion of OSHA 501, the Trainer Course in OSHA Standards for General Industry, which reflects the authorization of the holder by the Occupational Safety and Health Administration of the United the States Department of Labor to provide OSHA-10 courses and OSHA-30 courses.

- *AB190_R1* – 4 – Sec.

- 79th Session (2017) – 4 – (a) Obtain a completion card for an OSHA-30 course which is issued upon completion of a course approved by the Division pursuant to section 9 of this act;

or (b) Complete an OSHA-30 alternative course which is offered by his3.s orAny hercompletion employer.card used to satisfy the requirements of this section expires 5 years after the date it is issued and may be renewed by:

3.

Any completion card used to satisfy the requirements of this section expires 5 years after the date it is issued and may be renewed by:

(b) “OSHA-30 alternative course” means a 30-hour course offered to the employees of an employer that meets or exceeds the guidelines issued by the Occupational Safety and HealthHealthxceeds the Administration of the United States Department of Labor for an OSHA-30 course, including, without limitation, federal safety and health regulatory requirements specific to the industry in which the employer participates.

- *AB190_R1* – 5 – (a) Present his or her employer with a current and valid completion card for an OSHA-10 course;

- 79th Session (2017) – 5 – (a) Present his or her employer with a current and valid completion card for an OSHA-30 course;