Amended IN Senate August 22, 2018 Amended IN Assembly April 30, 2018 Amended IN Assembly April 17, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2605Introduced by Assembly Member Gipson(Principal coauthor: Assembly Member Chiu)(Coauthor: Assembly Member Reyes)(Coauthor: Senator Beall)February 15, 2018 An act to add Section 1531.6 to the Health and Safety Code, relating to foster care facilities. and repeal Section 226.75 of the Labor Code, relating to employment, and declaring the urgency thereof, to take effect immediately.LEGISLATIVE COUNSEL'S DIGESTAB 2605, as amended, Gipson. Foster care facilities. Rest breaks: petroleum facilities: safety-sensitive positions.Existing law prohibits an employer from requiring an employee to work during a mandated meal or rest or recovery period, as specified. Existing law requires an employer who fails to provide an employee a mandated meal or rest or recovery period to pay the employee one additional hour of pay at the employees regular rate of compensation for each workday that the meal or rest or recovery period was not provided. Existing law provides certain exemptions from these requirements.This bill, until January 1, 2021, would exempt specified employees who hold a safety-sensitive position at a petroleum facility, as those terms are defined, from the rest and recovery period requirements. The bill would provide that for any rest or recovery period during which the employee was interrupted or forced to miss, the employer would be required to pay to the employee one additional hour of compensation at the employees regular rate of pay.This bill would declare that it is to take effect immediately as an urgency statute.Existing law, the California Community Care Facilities Act, provides for the licensure and regulation of community care facilities, including childrens residential facilities, as provided. Existing law states that it is the policy of the state to facilitate the proper placement of every child in a residential care facility where the placement is in the best interests of the child. A violation of the act is a misdemeanor.This bill would require each group home, transitional shelter care facility, short-term residential therapeutic program, and temporary shelter care facility to develop protocols that dictate the circumstances under which law enforcement may be contacted in response to the conduct of a child residing at the facility. The bill would require the protocols to, among other things, specify that contacting law enforcement shall only be used as a last resort once all other deescalation and intervention techniques have been exhausted and only upon approval of a staff supervisor. The bill would not prohibit a facility or a facility employee from contacting law enforcement in an instance in which the facility or a facility employee is required by law to report an incident. To the extent that the bill would impose additional duties on county facilities and expand the scope of an existing crime, the bill would impose a state-mandated local program.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.Digest Key Vote: MAJORITY2/3 Appropriation: NO Fiscal Committee: YES Local Program: YESNO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Industrial Welfare Commission Order No. 1-2001 Regulating Wages, Hours, and Working Conditions in the Manufacturing Industry governs employee rest periods at petroleum facilities. Section 12 of this order, as construed in Augustus v. ABM Security Services, Inc. (2016) 2 Cal.5th 257, requires that nonexempt employees be relieved of all duties during rest periods, including the duty to remain on call or carry radios or other forms of instant communication, or both.(b) As part of the energy sector, petroleum facilities are considered critical infrastructure and key resources in relation to homeland security.(c) Because of the nature of the processes at petroleum facilities, the chemicals stored onsite, and the critical nature of these facilities infrastructure, it is necessary to enable an immediate and effective response to any emergencies or breaches of security that may occur.(d) Current law as construed creates a potential hazard and present danger for operations at petroleum facilities, where on-shift employees in safety-sensitive positions must be reachable at all times in order to effectively protect employee and public health, safety, and welfare, and to avoid endangering local and national security due to unplanned events at these critical facilities.(e) By hindering the instant communications that are necessary for a petroleum facility to respond effectively to serious emergencies such as process upsets, leaks, or possible fires or explosions, mandating rest periods for safety-sensitive employees with no ability to communicate with those employees would prevent these facilities from being able to effectively prevent and curtail emergencies or security incidents, creating both workplace, public safety, and national security concerns.(f) To promote public and employee safety and facility security, it is necessary that employees holding safety-sensitive positions at petroleum facilities be required to be on call and carry instant communication devices during rest periods pursuant to the Occupational Safety and Health Standards Boards and the industrys longstanding best practices.SEC. 2. Section 226.75 is added to the Labor Code, immediately following Section 226.7, to read:226.75. (a) Notwithstanding any provision of this code or of Industrial Welfare Commission Wage Order No. 1, the requirement that employees must be relieved of all duties during rest periods shall not apply with respect to an employee holding a safety-sensitive position at a petroleum facility to the extent that the employee is required to carry and monitor a communication device, such as a radio, pager, or other form of instant communication, and to respond to emergencies, or is required to remain on employer premises to monitor the premises and respond to emergencies.(b) If a nonexempt employee covered by this section is affirmatively required to interrupt his or her rest period to address an emergency, another rest period shall be authorized and permitted reasonably promptly after the circumstances that led to the interruption have passed. If circumstances do not allow for the employee to take such a rest period, the employer shall pay the employee one hour of pay at the employees regular rate of pay for the rest period that was not provided.(c) For purposes of this section, the following definitions apply:(1) Petroleum facilities means petroleum refineries, marine and onshore terminals handling crude oil and petroleum products, bulk marketing terminals, asphalt plants, gas plants, catalyst plants, carbon plants, and any other facility involved in the processing, refining, transport, or storage of crude oil or petroleum products.(2) Safety-sensitive position means a job in which the employees job duties reasonably include responding to emergencies at a petroleum facility.(3) Emergency means a situation in which there is a perceived threat to health, safety, or property that requires prompt attention.(d) This section shall apply only to employees subject to Industrial Welfare Commission Wage Order No. 1.(e) This section also only applies to an employee specified in subdivision (a) if both of the following conditions are satisfied:(1) The employee is covered by a valid collective bargaining agreement.(2) The valid collective bargaining agreement expressly provides for the wages, hours of work, and working conditions of employees, and expressly provides for rest periods for those employees, final and binding arbitration of disputes concerning application of its rest period provisions, premium wage rates for all overtime hours worked, and a regular hourly rate of pay of not less than 30 percent more than the state minimum wage rate.(f) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to urgently protect worker and public safety, to respond to the recent California Supreme Court decision in Augustus v. ABM Security Services, Inc. (2016) 2 Cal.5th 257, and to ensure that personnel in safety sensitive positions are available at all times while on site for the work day, it is necessary that this bill go into immediate effect. SECTION 1.It is the intent of the Legislature to maintain a childs safety, well-being, and healthy development when the child is removed from his or her family. Children and youth in foster care have been affected by trauma, both by the fact that they have been separated from their family, and by the circumstances that led to their removal. Recognizing this trauma and minimizing additional trauma should be a top priority when placing a child or youth in foster care. It is, therefore, the intent of the Legislature to reduce the frequency of law enforcement involvement and delinquency petitions arising from incidents at childrens residential facilities. The intent of this act is to give clear guidance to operators of childrens residential facilities, to provide heightened protections for foster youth, and to ensure that contacting law enforcement shall be a last resort and shall not be relied upon as a substitute for appropriate behavioral management techniques.SEC. 2.Section 1531.6 is added to the Health and Safety Code, to read:1531.6.(a)Each group home, transitional shelter care facility, and short-term residential therapeutic program, as defined in Section 1502, and each temporary shelter care facility as defined in subdivision (c) of Section 1530.8, shall develop protocols that dictate the circumstances under which law enforcement may be contacted in response to the conduct of a child residing at the facility.(b)The protocols shall, at a minimum, do all of the following:(1)Employ trauma-informed and evidence-based deescalation and intervention techniques when staff is responding to the behavior of a child residing in the facility.(2)Require staff to undergo annual training on the facilitys protocols developed pursuant to this section.(3)Specify that contacting law enforcement shall only be used as a last resort once all other deescalation and intervention techniques have been exhausted, and only upon approval of a staff supervisor.(4)Address contacting law enforcement in an emergency situation if there is an immediate risk of serious harm to a child or others.(c)This section shall not prohibit a facility or a facility employee from contacting law enforcement in an instance in which the facility or a facility employee is required by law to report an incident, which includes, but is not limited to, mandated reporting of child abuse, or if the child is missing or has run away.(d)Each group home, transitional shelter care facility, short-term residential therapeutic program, and temporary shelter care facility shall include the protocols developed pursuant to this section in its emergency intervention plan and its plan of operation.SEC. 3.To the extent that this act has an overall effect of increasing certain costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for those cost increases. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state nor otherwise be subject to Section 6 of Article XIII B of the California Constitution.With regard to certain other costs that may be incurred by a local agency or school district, no reimbursement is required by this act pursuant to Section 6 of Article III B of the California Constitution because, in that regard, 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.
Amended IN Senate August 22, 2018 Amended IN Assembly April 30, 2018 Amended IN Assembly April 17, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2605Introduced by Assembly Member Gipson(Principal coauthor: Assembly Member Chiu)(Coauthor: Assembly Member Reyes)(Coauthor: Senator Beall)February 15, 2018 An act to add Section 1531.6 to the Health and Safety Code, relating to foster care facilities. and repeal Section 226.75 of the Labor Code, relating to employment, and declaring the urgency thereof, to take effect immediately.LEGISLATIVE COUNSEL'S DIGESTAB 2605, as amended, Gipson. Foster care facilities. Rest breaks: petroleum facilities: safety-sensitive positions.Existing law prohibits an employer from requiring an employee to work during a mandated meal or rest or recovery period, as specified. Existing law requires an employer who fails to provide an employee a mandated meal or rest or recovery period to pay the employee one additional hour of pay at the employees regular rate of compensation for each workday that the meal or rest or recovery period was not provided. Existing law provides certain exemptions from these requirements.This bill, until January 1, 2021, would exempt specified employees who hold a safety-sensitive position at a petroleum facility, as those terms are defined, from the rest and recovery period requirements. The bill would provide that for any rest or recovery period during which the employee was interrupted or forced to miss, the employer would be required to pay to the employee one additional hour of compensation at the employees regular rate of pay.This bill would declare that it is to take effect immediately as an urgency statute.Existing law, the California Community Care Facilities Act, provides for the licensure and regulation of community care facilities, including childrens residential facilities, as provided. Existing law states that it is the policy of the state to facilitate the proper placement of every child in a residential care facility where the placement is in the best interests of the child. A violation of the act is a misdemeanor.This bill would require each group home, transitional shelter care facility, short-term residential therapeutic program, and temporary shelter care facility to develop protocols that dictate the circumstances under which law enforcement may be contacted in response to the conduct of a child residing at the facility. The bill would require the protocols to, among other things, specify that contacting law enforcement shall only be used as a last resort once all other deescalation and intervention techniques have been exhausted and only upon approval of a staff supervisor. The bill would not prohibit a facility or a facility employee from contacting law enforcement in an instance in which the facility or a facility employee is required by law to report an incident. To the extent that the bill would impose additional duties on county facilities and expand the scope of an existing crime, the bill would impose a state-mandated local program.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.Digest Key Vote: MAJORITY2/3 Appropriation: NO Fiscal Committee: YES Local Program: YESNO
Amended IN Senate August 22, 2018 Amended IN Assembly April 30, 2018 Amended IN Assembly April 17, 2018
Amended IN Senate August 22, 2018
Amended IN Assembly April 30, 2018
Amended IN Assembly April 17, 2018
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 2605
Introduced by Assembly Member Gipson(Principal coauthor: Assembly Member Chiu)(Coauthor: Assembly Member Reyes)(Coauthor: Senator Beall)February 15, 2018
Introduced by Assembly Member Gipson(Principal coauthor: Assembly Member Chiu)(Coauthor: Assembly Member Reyes)(Coauthor: Senator Beall)
February 15, 2018
An act to add Section 1531.6 to the Health and Safety Code, relating to foster care facilities. and repeal Section 226.75 of the Labor Code, relating to employment, and declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2605, as amended, Gipson. Foster care facilities. Rest breaks: petroleum facilities: safety-sensitive positions.
Existing law prohibits an employer from requiring an employee to work during a mandated meal or rest or recovery period, as specified. Existing law requires an employer who fails to provide an employee a mandated meal or rest or recovery period to pay the employee one additional hour of pay at the employees regular rate of compensation for each workday that the meal or rest or recovery period was not provided. Existing law provides certain exemptions from these requirements.This bill, until January 1, 2021, would exempt specified employees who hold a safety-sensitive position at a petroleum facility, as those terms are defined, from the rest and recovery period requirements. The bill would provide that for any rest or recovery period during which the employee was interrupted or forced to miss, the employer would be required to pay to the employee one additional hour of compensation at the employees regular rate of pay.This bill would declare that it is to take effect immediately as an urgency statute.Existing law, the California Community Care Facilities Act, provides for the licensure and regulation of community care facilities, including childrens residential facilities, as provided. Existing law states that it is the policy of the state to facilitate the proper placement of every child in a residential care facility where the placement is in the best interests of the child. A violation of the act is a misdemeanor.This bill would require each group home, transitional shelter care facility, short-term residential therapeutic program, and temporary shelter care facility to develop protocols that dictate the circumstances under which law enforcement may be contacted in response to the conduct of a child residing at the facility. The bill would require the protocols to, among other things, specify that contacting law enforcement shall only be used as a last resort once all other deescalation and intervention techniques have been exhausted and only upon approval of a staff supervisor. The bill would not prohibit a facility or a facility employee from contacting law enforcement in an instance in which the facility or a facility employee is required by law to report an incident. To the extent that the bill would impose additional duties on county facilities and expand the scope of an existing crime, the bill would impose a state-mandated local program.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.
Existing law prohibits an employer from requiring an employee to work during a mandated meal or rest or recovery period, as specified. Existing law requires an employer who fails to provide an employee a mandated meal or rest or recovery period to pay the employee one additional hour of pay at the employees regular rate of compensation for each workday that the meal or rest or recovery period was not provided. Existing law provides certain exemptions from these requirements.
This bill, until January 1, 2021, would exempt specified employees who hold a safety-sensitive position at a petroleum facility, as those terms are defined, from the rest and recovery period requirements. The bill would provide that for any rest or recovery period during which the employee was interrupted or forced to miss, the employer would be required to pay to the employee one additional hour of compensation at the employees regular rate of pay.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the California Community Care Facilities Act, provides for the licensure and regulation of community care facilities, including childrens residential facilities, as provided. Existing law states that it is the policy of the state to facilitate the proper placement of every child in a residential care facility where the placement is in the best interests of the child. A violation of the act is a misdemeanor.
This bill would require each group home, transitional shelter care facility, short-term residential therapeutic program, and temporary shelter care facility to develop protocols that dictate the circumstances under which law enforcement may be contacted in response to the conduct of a child residing at the facility. The bill would require the protocols to, among other things, specify that contacting law enforcement shall only be used as a last resort once all other deescalation and intervention techniques have been exhausted and only upon approval of a staff supervisor. The bill would not prohibit a facility or a facility employee from contacting law enforcement in an instance in which the facility or a facility employee is required by law to report an incident. To the extent that the bill would impose additional duties on county facilities and expand the scope of an existing crime, the bill would impose a state-mandated local program.
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.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Industrial Welfare Commission Order No. 1-2001 Regulating Wages, Hours, and Working Conditions in the Manufacturing Industry governs employee rest periods at petroleum facilities. Section 12 of this order, as construed in Augustus v. ABM Security Services, Inc. (2016) 2 Cal.5th 257, requires that nonexempt employees be relieved of all duties during rest periods, including the duty to remain on call or carry radios or other forms of instant communication, or both.(b) As part of the energy sector, petroleum facilities are considered critical infrastructure and key resources in relation to homeland security.(c) Because of the nature of the processes at petroleum facilities, the chemicals stored onsite, and the critical nature of these facilities infrastructure, it is necessary to enable an immediate and effective response to any emergencies or breaches of security that may occur.(d) Current law as construed creates a potential hazard and present danger for operations at petroleum facilities, where on-shift employees in safety-sensitive positions must be reachable at all times in order to effectively protect employee and public health, safety, and welfare, and to avoid endangering local and national security due to unplanned events at these critical facilities.(e) By hindering the instant communications that are necessary for a petroleum facility to respond effectively to serious emergencies such as process upsets, leaks, or possible fires or explosions, mandating rest periods for safety-sensitive employees with no ability to communicate with those employees would prevent these facilities from being able to effectively prevent and curtail emergencies or security incidents, creating both workplace, public safety, and national security concerns.(f) To promote public and employee safety and facility security, it is necessary that employees holding safety-sensitive positions at petroleum facilities be required to be on call and carry instant communication devices during rest periods pursuant to the Occupational Safety and Health Standards Boards and the industrys longstanding best practices.SEC. 2. Section 226.75 is added to the Labor Code, immediately following Section 226.7, to read:226.75. (a) Notwithstanding any provision of this code or of Industrial Welfare Commission Wage Order No. 1, the requirement that employees must be relieved of all duties during rest periods shall not apply with respect to an employee holding a safety-sensitive position at a petroleum facility to the extent that the employee is required to carry and monitor a communication device, such as a radio, pager, or other form of instant communication, and to respond to emergencies, or is required to remain on employer premises to monitor the premises and respond to emergencies.(b) If a nonexempt employee covered by this section is affirmatively required to interrupt his or her rest period to address an emergency, another rest period shall be authorized and permitted reasonably promptly after the circumstances that led to the interruption have passed. If circumstances do not allow for the employee to take such a rest period, the employer shall pay the employee one hour of pay at the employees regular rate of pay for the rest period that was not provided.(c) For purposes of this section, the following definitions apply:(1) Petroleum facilities means petroleum refineries, marine and onshore terminals handling crude oil and petroleum products, bulk marketing terminals, asphalt plants, gas plants, catalyst plants, carbon plants, and any other facility involved in the processing, refining, transport, or storage of crude oil or petroleum products.(2) Safety-sensitive position means a job in which the employees job duties reasonably include responding to emergencies at a petroleum facility.(3) Emergency means a situation in which there is a perceived threat to health, safety, or property that requires prompt attention.(d) This section shall apply only to employees subject to Industrial Welfare Commission Wage Order No. 1.(e) This section also only applies to an employee specified in subdivision (a) if both of the following conditions are satisfied:(1) The employee is covered by a valid collective bargaining agreement.(2) The valid collective bargaining agreement expressly provides for the wages, hours of work, and working conditions of employees, and expressly provides for rest periods for those employees, final and binding arbitration of disputes concerning application of its rest period provisions, premium wage rates for all overtime hours worked, and a regular hourly rate of pay of not less than 30 percent more than the state minimum wage rate.(f) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to urgently protect worker and public safety, to respond to the recent California Supreme Court decision in Augustus v. ABM Security Services, Inc. (2016) 2 Cal.5th 257, and to ensure that personnel in safety sensitive positions are available at all times while on site for the work day, it is necessary that this bill go into immediate effect. SECTION 1.It is the intent of the Legislature to maintain a childs safety, well-being, and healthy development when the child is removed from his or her family. Children and youth in foster care have been affected by trauma, both by the fact that they have been separated from their family, and by the circumstances that led to their removal. Recognizing this trauma and minimizing additional trauma should be a top priority when placing a child or youth in foster care. It is, therefore, the intent of the Legislature to reduce the frequency of law enforcement involvement and delinquency petitions arising from incidents at childrens residential facilities. The intent of this act is to give clear guidance to operators of childrens residential facilities, to provide heightened protections for foster youth, and to ensure that contacting law enforcement shall be a last resort and shall not be relied upon as a substitute for appropriate behavioral management techniques.SEC. 2.Section 1531.6 is added to the Health and Safety Code, to read:1531.6.(a)Each group home, transitional shelter care facility, and short-term residential therapeutic program, as defined in Section 1502, and each temporary shelter care facility as defined in subdivision (c) of Section 1530.8, shall develop protocols that dictate the circumstances under which law enforcement may be contacted in response to the conduct of a child residing at the facility.(b)The protocols shall, at a minimum, do all of the following:(1)Employ trauma-informed and evidence-based deescalation and intervention techniques when staff is responding to the behavior of a child residing in the facility.(2)Require staff to undergo annual training on the facilitys protocols developed pursuant to this section.(3)Specify that contacting law enforcement shall only be used as a last resort once all other deescalation and intervention techniques have been exhausted, and only upon approval of a staff supervisor.(4)Address contacting law enforcement in an emergency situation if there is an immediate risk of serious harm to a child or others.(c)This section shall not prohibit a facility or a facility employee from contacting law enforcement in an instance in which the facility or a facility employee is required by law to report an incident, which includes, but is not limited to, mandated reporting of child abuse, or if the child is missing or has run away.(d)Each group home, transitional shelter care facility, short-term residential therapeutic program, and temporary shelter care facility shall include the protocols developed pursuant to this section in its emergency intervention plan and its plan of operation.SEC. 3.To the extent that this act has an overall effect of increasing certain costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for those cost increases. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state nor otherwise be subject to Section 6 of Article XIII B of the California Constitution.With regard to certain other costs that may be incurred by a local agency or school district, no reimbursement is required by this act pursuant to Section 6 of Article III B of the California Constitution because, in that regard, 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.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:(a) Industrial Welfare Commission Order No. 1-2001 Regulating Wages, Hours, and Working Conditions in the Manufacturing Industry governs employee rest periods at petroleum facilities. Section 12 of this order, as construed in Augustus v. ABM Security Services, Inc. (2016) 2 Cal.5th 257, requires that nonexempt employees be relieved of all duties during rest periods, including the duty to remain on call or carry radios or other forms of instant communication, or both.(b) As part of the energy sector, petroleum facilities are considered critical infrastructure and key resources in relation to homeland security.(c) Because of the nature of the processes at petroleum facilities, the chemicals stored onsite, and the critical nature of these facilities infrastructure, it is necessary to enable an immediate and effective response to any emergencies or breaches of security that may occur.(d) Current law as construed creates a potential hazard and present danger for operations at petroleum facilities, where on-shift employees in safety-sensitive positions must be reachable at all times in order to effectively protect employee and public health, safety, and welfare, and to avoid endangering local and national security due to unplanned events at these critical facilities.(e) By hindering the instant communications that are necessary for a petroleum facility to respond effectively to serious emergencies such as process upsets, leaks, or possible fires or explosions, mandating rest periods for safety-sensitive employees with no ability to communicate with those employees would prevent these facilities from being able to effectively prevent and curtail emergencies or security incidents, creating both workplace, public safety, and national security concerns.(f) To promote public and employee safety and facility security, it is necessary that employees holding safety-sensitive positions at petroleum facilities be required to be on call and carry instant communication devices during rest periods pursuant to the Occupational Safety and Health Standards Boards and the industrys longstanding best practices.
SECTION 1. The Legislature finds and declares all of the following:(a) Industrial Welfare Commission Order No. 1-2001 Regulating Wages, Hours, and Working Conditions in the Manufacturing Industry governs employee rest periods at petroleum facilities. Section 12 of this order, as construed in Augustus v. ABM Security Services, Inc. (2016) 2 Cal.5th 257, requires that nonexempt employees be relieved of all duties during rest periods, including the duty to remain on call or carry radios or other forms of instant communication, or both.(b) As part of the energy sector, petroleum facilities are considered critical infrastructure and key resources in relation to homeland security.(c) Because of the nature of the processes at petroleum facilities, the chemicals stored onsite, and the critical nature of these facilities infrastructure, it is necessary to enable an immediate and effective response to any emergencies or breaches of security that may occur.(d) Current law as construed creates a potential hazard and present danger for operations at petroleum facilities, where on-shift employees in safety-sensitive positions must be reachable at all times in order to effectively protect employee and public health, safety, and welfare, and to avoid endangering local and national security due to unplanned events at these critical facilities.(e) By hindering the instant communications that are necessary for a petroleum facility to respond effectively to serious emergencies such as process upsets, leaks, or possible fires or explosions, mandating rest periods for safety-sensitive employees with no ability to communicate with those employees would prevent these facilities from being able to effectively prevent and curtail emergencies or security incidents, creating both workplace, public safety, and national security concerns.(f) To promote public and employee safety and facility security, it is necessary that employees holding safety-sensitive positions at petroleum facilities be required to be on call and carry instant communication devices during rest periods pursuant to the Occupational Safety and Health Standards Boards and the industrys longstanding best practices.
SECTION 1. The Legislature finds and declares all of the following:
### SECTION 1.
(a) Industrial Welfare Commission Order No. 1-2001 Regulating Wages, Hours, and Working Conditions in the Manufacturing Industry governs employee rest periods at petroleum facilities. Section 12 of this order, as construed in Augustus v. ABM Security Services, Inc. (2016) 2 Cal.5th 257, requires that nonexempt employees be relieved of all duties during rest periods, including the duty to remain on call or carry radios or other forms of instant communication, or both.
(b) As part of the energy sector, petroleum facilities are considered critical infrastructure and key resources in relation to homeland security.
(c) Because of the nature of the processes at petroleum facilities, the chemicals stored onsite, and the critical nature of these facilities infrastructure, it is necessary to enable an immediate and effective response to any emergencies or breaches of security that may occur.
(d) Current law as construed creates a potential hazard and present danger for operations at petroleum facilities, where on-shift employees in safety-sensitive positions must be reachable at all times in order to effectively protect employee and public health, safety, and welfare, and to avoid endangering local and national security due to unplanned events at these critical facilities.
(e) By hindering the instant communications that are necessary for a petroleum facility to respond effectively to serious emergencies such as process upsets, leaks, or possible fires or explosions, mandating rest periods for safety-sensitive employees with no ability to communicate with those employees would prevent these facilities from being able to effectively prevent and curtail emergencies or security incidents, creating both workplace, public safety, and national security concerns.
(f) To promote public and employee safety and facility security, it is necessary that employees holding safety-sensitive positions at petroleum facilities be required to be on call and carry instant communication devices during rest periods pursuant to the Occupational Safety and Health Standards Boards and the industrys longstanding best practices.
SEC. 2. Section 226.75 is added to the Labor Code, immediately following Section 226.7, to read:226.75. (a) Notwithstanding any provision of this code or of Industrial Welfare Commission Wage Order No. 1, the requirement that employees must be relieved of all duties during rest periods shall not apply with respect to an employee holding a safety-sensitive position at a petroleum facility to the extent that the employee is required to carry and monitor a communication device, such as a radio, pager, or other form of instant communication, and to respond to emergencies, or is required to remain on employer premises to monitor the premises and respond to emergencies.(b) If a nonexempt employee covered by this section is affirmatively required to interrupt his or her rest period to address an emergency, another rest period shall be authorized and permitted reasonably promptly after the circumstances that led to the interruption have passed. If circumstances do not allow for the employee to take such a rest period, the employer shall pay the employee one hour of pay at the employees regular rate of pay for the rest period that was not provided.(c) For purposes of this section, the following definitions apply:(1) Petroleum facilities means petroleum refineries, marine and onshore terminals handling crude oil and petroleum products, bulk marketing terminals, asphalt plants, gas plants, catalyst plants, carbon plants, and any other facility involved in the processing, refining, transport, or storage of crude oil or petroleum products.(2) Safety-sensitive position means a job in which the employees job duties reasonably include responding to emergencies at a petroleum facility.(3) Emergency means a situation in which there is a perceived threat to health, safety, or property that requires prompt attention.(d) This section shall apply only to employees subject to Industrial Welfare Commission Wage Order No. 1.(e) This section also only applies to an employee specified in subdivision (a) if both of the following conditions are satisfied:(1) The employee is covered by a valid collective bargaining agreement.(2) The valid collective bargaining agreement expressly provides for the wages, hours of work, and working conditions of employees, and expressly provides for rest periods for those employees, final and binding arbitration of disputes concerning application of its rest period provisions, premium wage rates for all overtime hours worked, and a regular hourly rate of pay of not less than 30 percent more than the state minimum wage rate.(f) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 2. Section 226.75 is added to the Labor Code, immediately following Section 226.7, to read:
### SEC. 2.
226.75. (a) Notwithstanding any provision of this code or of Industrial Welfare Commission Wage Order No. 1, the requirement that employees must be relieved of all duties during rest periods shall not apply with respect to an employee holding a safety-sensitive position at a petroleum facility to the extent that the employee is required to carry and monitor a communication device, such as a radio, pager, or other form of instant communication, and to respond to emergencies, or is required to remain on employer premises to monitor the premises and respond to emergencies.(b) If a nonexempt employee covered by this section is affirmatively required to interrupt his or her rest period to address an emergency, another rest period shall be authorized and permitted reasonably promptly after the circumstances that led to the interruption have passed. If circumstances do not allow for the employee to take such a rest period, the employer shall pay the employee one hour of pay at the employees regular rate of pay for the rest period that was not provided.(c) For purposes of this section, the following definitions apply:(1) Petroleum facilities means petroleum refineries, marine and onshore terminals handling crude oil and petroleum products, bulk marketing terminals, asphalt plants, gas plants, catalyst plants, carbon plants, and any other facility involved in the processing, refining, transport, or storage of crude oil or petroleum products.(2) Safety-sensitive position means a job in which the employees job duties reasonably include responding to emergencies at a petroleum facility.(3) Emergency means a situation in which there is a perceived threat to health, safety, or property that requires prompt attention.(d) This section shall apply only to employees subject to Industrial Welfare Commission Wage Order No. 1.(e) This section also only applies to an employee specified in subdivision (a) if both of the following conditions are satisfied:(1) The employee is covered by a valid collective bargaining agreement.(2) The valid collective bargaining agreement expressly provides for the wages, hours of work, and working conditions of employees, and expressly provides for rest periods for those employees, final and binding arbitration of disputes concerning application of its rest period provisions, premium wage rates for all overtime hours worked, and a regular hourly rate of pay of not less than 30 percent more than the state minimum wage rate.(f) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
226.75. (a) Notwithstanding any provision of this code or of Industrial Welfare Commission Wage Order No. 1, the requirement that employees must be relieved of all duties during rest periods shall not apply with respect to an employee holding a safety-sensitive position at a petroleum facility to the extent that the employee is required to carry and monitor a communication device, such as a radio, pager, or other form of instant communication, and to respond to emergencies, or is required to remain on employer premises to monitor the premises and respond to emergencies.(b) If a nonexempt employee covered by this section is affirmatively required to interrupt his or her rest period to address an emergency, another rest period shall be authorized and permitted reasonably promptly after the circumstances that led to the interruption have passed. If circumstances do not allow for the employee to take such a rest period, the employer shall pay the employee one hour of pay at the employees regular rate of pay for the rest period that was not provided.(c) For purposes of this section, the following definitions apply:(1) Petroleum facilities means petroleum refineries, marine and onshore terminals handling crude oil and petroleum products, bulk marketing terminals, asphalt plants, gas plants, catalyst plants, carbon plants, and any other facility involved in the processing, refining, transport, or storage of crude oil or petroleum products.(2) Safety-sensitive position means a job in which the employees job duties reasonably include responding to emergencies at a petroleum facility.(3) Emergency means a situation in which there is a perceived threat to health, safety, or property that requires prompt attention.(d) This section shall apply only to employees subject to Industrial Welfare Commission Wage Order No. 1.(e) This section also only applies to an employee specified in subdivision (a) if both of the following conditions are satisfied:(1) The employee is covered by a valid collective bargaining agreement.(2) The valid collective bargaining agreement expressly provides for the wages, hours of work, and working conditions of employees, and expressly provides for rest periods for those employees, final and binding arbitration of disputes concerning application of its rest period provisions, premium wage rates for all overtime hours worked, and a regular hourly rate of pay of not less than 30 percent more than the state minimum wage rate.(f) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
226.75. (a) Notwithstanding any provision of this code or of Industrial Welfare Commission Wage Order No. 1, the requirement that employees must be relieved of all duties during rest periods shall not apply with respect to an employee holding a safety-sensitive position at a petroleum facility to the extent that the employee is required to carry and monitor a communication device, such as a radio, pager, or other form of instant communication, and to respond to emergencies, or is required to remain on employer premises to monitor the premises and respond to emergencies.(b) If a nonexempt employee covered by this section is affirmatively required to interrupt his or her rest period to address an emergency, another rest period shall be authorized and permitted reasonably promptly after the circumstances that led to the interruption have passed. If circumstances do not allow for the employee to take such a rest period, the employer shall pay the employee one hour of pay at the employees regular rate of pay for the rest period that was not provided.(c) For purposes of this section, the following definitions apply:(1) Petroleum facilities means petroleum refineries, marine and onshore terminals handling crude oil and petroleum products, bulk marketing terminals, asphalt plants, gas plants, catalyst plants, carbon plants, and any other facility involved in the processing, refining, transport, or storage of crude oil or petroleum products.(2) Safety-sensitive position means a job in which the employees job duties reasonably include responding to emergencies at a petroleum facility.(3) Emergency means a situation in which there is a perceived threat to health, safety, or property that requires prompt attention.(d) This section shall apply only to employees subject to Industrial Welfare Commission Wage Order No. 1.(e) This section also only applies to an employee specified in subdivision (a) if both of the following conditions are satisfied:(1) The employee is covered by a valid collective bargaining agreement.(2) The valid collective bargaining agreement expressly provides for the wages, hours of work, and working conditions of employees, and expressly provides for rest periods for those employees, final and binding arbitration of disputes concerning application of its rest period provisions, premium wage rates for all overtime hours worked, and a regular hourly rate of pay of not less than 30 percent more than the state minimum wage rate.(f) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
226.75. (a) Notwithstanding any provision of this code or of Industrial Welfare Commission Wage Order No. 1, the requirement that employees must be relieved of all duties during rest periods shall not apply with respect to an employee holding a safety-sensitive position at a petroleum facility to the extent that the employee is required to carry and monitor a communication device, such as a radio, pager, or other form of instant communication, and to respond to emergencies, or is required to remain on employer premises to monitor the premises and respond to emergencies.
(b) If a nonexempt employee covered by this section is affirmatively required to interrupt his or her rest period to address an emergency, another rest period shall be authorized and permitted reasonably promptly after the circumstances that led to the interruption have passed. If circumstances do not allow for the employee to take such a rest period, the employer shall pay the employee one hour of pay at the employees regular rate of pay for the rest period that was not provided.
(c) For purposes of this section, the following definitions apply:
(1) Petroleum facilities means petroleum refineries, marine and onshore terminals handling crude oil and petroleum products, bulk marketing terminals, asphalt plants, gas plants, catalyst plants, carbon plants, and any other facility involved in the processing, refining, transport, or storage of crude oil or petroleum products.
(2) Safety-sensitive position means a job in which the employees job duties reasonably include responding to emergencies at a petroleum facility.
(3) Emergency means a situation in which there is a perceived threat to health, safety, or property that requires prompt attention.
(d) This section shall apply only to employees subject to Industrial Welfare Commission Wage Order No. 1.
(e) This section also only applies to an employee specified in subdivision (a) if both of the following conditions are satisfied:
(1) The employee is covered by a valid collective bargaining agreement.
(2) The valid collective bargaining agreement expressly provides for the wages, hours of work, and working conditions of employees, and expressly provides for rest periods for those employees, final and binding arbitration of disputes concerning application of its rest period provisions, premium wage rates for all overtime hours worked, and a regular hourly rate of pay of not less than 30 percent more than the state minimum wage rate.
(f) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to urgently protect worker and public safety, to respond to the recent California Supreme Court decision in Augustus v. ABM Security Services, Inc. (2016) 2 Cal.5th 257, and to ensure that personnel in safety sensitive positions are available at all times while on site for the work day, it is necessary that this bill go into immediate effect.
SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to urgently protect worker and public safety, to respond to the recent California Supreme Court decision in Augustus v. ABM Security Services, Inc. (2016) 2 Cal.5th 257, and to ensure that personnel in safety sensitive positions are available at all times while on site for the work day, it is necessary that this bill go into immediate effect.
SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
### SEC. 3.
In order to urgently protect worker and public safety, to respond to the recent California Supreme Court decision in Augustus v. ABM Security Services, Inc. (2016) 2 Cal.5th 257, and to ensure that personnel in safety sensitive positions are available at all times while on site for the work day, it is necessary that this bill go into immediate effect.
It is the intent of the Legislature to maintain a childs safety, well-being, and healthy development when the child is removed from his or her family. Children and youth in foster care have been affected by trauma, both by the fact that they have been separated from their family, and by the circumstances that led to their removal. Recognizing this trauma and minimizing additional trauma should be a top priority when placing a child or youth in foster care. It is, therefore, the intent of the Legislature to reduce the frequency of law enforcement involvement and delinquency petitions arising from incidents at childrens residential facilities. The intent of this act is to give clear guidance to operators of childrens residential facilities, to provide heightened protections for foster youth, and to ensure that contacting law enforcement shall be a last resort and shall not be relied upon as a substitute for appropriate behavioral management techniques.
(a)Each group home, transitional shelter care facility, and short-term residential therapeutic program, as defined in Section 1502, and each temporary shelter care facility as defined in subdivision (c) of Section 1530.8, shall develop protocols that dictate the circumstances under which law enforcement may be contacted in response to the conduct of a child residing at the facility.
(b)The protocols shall, at a minimum, do all of the following:
(1)Employ trauma-informed and evidence-based deescalation and intervention techniques when staff is responding to the behavior of a child residing in the facility.
(2)Require staff to undergo annual training on the facilitys protocols developed pursuant to this section.
(3)Specify that contacting law enforcement shall only be used as a last resort once all other deescalation and intervention techniques have been exhausted, and only upon approval of a staff supervisor.
(4)Address contacting law enforcement in an emergency situation if there is an immediate risk of serious harm to a child or others.
(c)This section shall not prohibit a facility or a facility employee from contacting law enforcement in an instance in which the facility or a facility employee is required by law to report an incident, which includes, but is not limited to, mandated reporting of child abuse, or if the child is missing or has run away.
(d)Each group home, transitional shelter care facility, short-term residential therapeutic program, and temporary shelter care facility shall include the protocols developed pursuant to this section in its emergency intervention plan and its plan of operation.
To the extent that this act has an overall effect of increasing certain costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for those cost increases. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state nor otherwise be subject to Section 6 of Article XIII B of the California Constitution.
With regard to certain other costs that may be incurred by a local agency or school district, no reimbursement is required by this act pursuant to Section 6 of Article III B of the California Constitution because, in that regard, 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.