Amended IN Senate May 16, 2024 Amended IN Senate April 09, 2024 Amended IN Senate March 20, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1446Introduced by Senator Smallwood-CuevasFebruary 16, 2024An act to add Part 9.6 (commencing with Section 2530) to Division 2 of the Labor Code, relating to private employment.LEGISLATIVE COUNSEL'S DIGESTSB 1446, as amended, Smallwood-Cuevas. Grocery establishment and retail drug establishment employees: self-service checkout and technologies affecting essential job functions. consequential workplace technology.Existing law imposes certain requirements on grocery employers, as defined, upon the purchase or change in control of a grocery establishment, including requiring a successor grocery employer to retain eligible grocery workers for a specified period after transfer of the grocery establishment.This bill would prohibit a grocery establishment or a retail drug establishment, as those terms are defined, from providing a self-service checkout option for customers unless specified conditions are satisfied, including having no more than 2 self-service checkout stations monitored by any one employee and requiring the employee to be relieved of all other duties. The bill would require a grocery establishment or retail drug establishment that offers self-service checkout to include self-service checkout in a specified analysis of potential work hazards for purposes of their injury and illness prevention programs. the employers illness and prevention program, as required by Division of Occupational Safety and Health regulations. The bill would require a grocery establishment or retail drug establishment that develops or implements technology that significantly affects the essential job functions or eliminates jobs or essential job functions of its employees, or that enables self-service, to complete a specified assessment before implementing the technology. uses or procures a consequential workplace technology, as defined, to complete a worker and customer impact assessment before using or procuring the consequential workplace technology. The bill would require the study assessment to include, among other things, the salaries, benefits, jobs, and work hours that would be eliminated by the consequential workplace technology. The bill would require the grocery establishment or retail drug establishment to notify and solicit input from its employees at least 60 days before drafting the study, specified workers and their collective bargaining representative at least 60 days before conducting the assessment, to provide the study to assessment to specified employees or their collective bargaining representatives at least 60 days before implementation, implementation of the consequential workplace technology, and to post a copy of the study assessment in a location accessible to its employees and customers before, and for at least 90 days following, implementation of the consequential workplace technology.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Part 9.6 (commencing with Section 2530) is added to Division 2 of the Labor Code, to read:PART 9.6. Grocery establishments and retail drug establishments2530. For purposes of this part, the following definitions shall apply:(a) Assessment or worker and consumer impact assessment means a study evaluating the potential negative effects on employees, consumers, or the public of a consequential workplace technology. The assessment shall include all of the following:(1) A detailed description of the consequential workplace technology, its intended purpose, and justification for adoption by the employer.(2) A description of the data used by the consequential workplace technology, including the specific categories of data that will be processed as input and any data used to train the technology.(3) The number of employees, identified by job classification, whose duties would be affected by the consequential workplace technology, as well as a description of how the duties of employees in each job classification would be affected.(4) The number of jobs, identified by job classification, that would be eliminated by the consequential workplace technology.(5) The number of work hours, identified by job classification, that would be eliminated by the consequential workplace technology.(6) The total amount of salaries and benefits that would be eliminated as a result of the consequential workplace technology.(7) A description of the potential gaps in skills of employees affected by the workplace technology that may result from the consequential workplace technology.(8) The total amount budgeted for, and descriptions of, training and retraining programs for affected employees.(9) An analysis of whether there will be human oversight of the consequential workplace technology.(10) An analysis of the potential effect of the consequential workplace technology on consumers, including any barriers to access that the technology could create for certain populations of consumers, including, but not limited to, seniors, the disabled, the unbanked, those without access to appropriate technology, youth, or other vulnerable populations, and what proportion of customers is likely to be impacted.(11) An analysis of the potential health and safety hazards created for employees, customers, or the public at large by the consequential workplace technology and what measures the employer will take to mitigate those potential hazards.(12) What data will be collected from employees and consumers by the consequential workplace technology and whether they will have the option to opt-out of personal data collection.(b) Consequential workplace technology means artificial intelligence or automated decisionmaking systems that significantly impacts, eliminates, or automates the core job functions agreed upon between an employer and an employee upon hire or following a subsequent change in position or department. Consequential workplace technology includes, but is not limited to, self-checkout robotics, wearable sensors, scanners, and electronic monitoring. (a)(c) Grocery establishment is as defined in Section 2502.(b)(d) Manual checkout station means a station that is not a self-service checkout station and at which an employee provides human assistance to a customer scanning, bagging, or accepting payment for the customers purchases.(c)(e) Retail drug establishment means a person, including an individual, a corporation, a partnership, a limited partnership, a limited liability partnership, a limited liability company, a business trust, an estate, a trust, an association, a joint venture, a proprietorship, a joint venture, an agency, an instrumentality, a corporate officer, an executive, or any other legal or commercial entity, whether domestic or foreign, that has 75 or more businesses or establishments located within the state and is identified as a retail business or establishment in the North American Industry Classification System within the retail trade category 45611.(d)(f) Self-service checkout means an automated process that enables customers to scan, bag, and pay for their purchases without human assistance.(e)(g) Self-service checkout station means a station at which a customer can engage in a self-service checkout for the customers purchases.2531. (a) A grocery establishment or retail drug establishment shall not provide a self-service checkout option for customers unless all of the following conditions are satisfied:(1) At least one manual checkout station is staffed by an employee of the establishment who is available to any given customer at the time that a self-service checkout option is made available to that customer.(2)(A)Self-service checkouts are limited to purchases of 10 or fewer items.(2) (A) The employer has established a workplace policy that limits self-service checkouts to purchases of no more than 15 items.(B) The establishment shall include signage within the self-service checkout area indicating that only 10 or fewer items the number of items that are permitted through the self-service checkout station.(3) Customers are prohibited from using self-service checkout to purchase either of the following:(A) Items that require customers to provide a form of identification, including, but not limited to, alcohol and tobacco products.(B) Items subject to special theft-deterrent measures, including, but not limited to, locked cabinets and electronic article surveillance tags, that require the intervention of an employee of the establishment for the customer to access or purchase the item.(4) (A) No more than two self-service checkout stations are simultaneously monitored by any one employee of the establishment.(B) An employee shall be relieved from all other duties when monitoring a self-service checkout station, including, but not limited to, operating a manual checkout station.(b) A grocery establishment or retail drug establishment that offers self-service checkout shall include self-service checkout in their analysis of potential work hazards for purposes of their injury and illness prevention programs required by Section 3203 of Title 8 of the California Code of Regulations.2532.(a)For purposes of this section, worker and consumer impact assessment means a study evaluating the potential negative effects on employees, consumers, or the public of a new or modified workplace technology that significantly affects the essential job functions of employees, eliminates jobs or essential job functions of employees, or that enables self-service by customers. A worker and consumer impact assessment shall include all of the following:(1)A detailed description of the workplace technology, its intended purpose, and justification for adoption by the employer.(2)A description of the data used by the technology, including the specific categories of data that will be processed as input and any data used to train the technology.(3)The number of employees, identified by job classification, whose duties would be affected by the workplace technology, as well as a description of how the duties of employees in each job classification would be affected.(4)The number of jobs, identified by job classification, that would be eliminated by the workplace technology.(5)The number of work hours, identified by job classification, that would be eliminated by the workplace technology.(6)The total amount of salaries and benefits that would be eliminated as a result of the workplace technology.(7)A description of the potential gaps in skills of employees affected by the workplace technology that may result from the workplace technology.(8)The total amount budgeted for, and descriptions of, training and retraining programs for affected employees.(9)An analysis of whether there will be human oversight of theworkplace technology.(10)An analysis of the potential effect of the workplace technology on consumers, including any barriers to access that the technology could create for certain populations of consumers, including, but not limited to, seniors, the disabled, the unbanked, those without access to appropriate technology, youth, or other vulnerable populations.(11)An analysis of the potential health and safety hazards created for employees, customers, or the public at large by the workplace technology and what measures the employer will take to mitigate those potential hazards.(12)What data will be collected from employees and consumers by the workplace technology and whether they will have the option to opt-out of personal data collection.(b)2532. (a) A grocery establishment or retail drug establishment that develops, procures, uses, or otherwise implements artificial intelligence, automation, or any new or modified technology that significantly affects the essential job functions of its employees, eliminates jobs or essential job functions of its employees, or that enables self-service by its customers shall complete a worker and consumer impact assessment before implementing the technology. The grocery establishment or retail drug establishment shall notify and solicit input from its employees potentially affected by the workplace technology, or their collective bargaining representative, at least 60 days before drafting the worker and consumer impact assessment. shall complete a worker and consumer impact assessment before using or procuring a consequential workplace technology. The grocery establishment or retail drug establishment shall notify workers potentially impacted by the consequential workplace technology, and their collective bargaining representative, at least 60 days before conducting the assessment. The employer shall conduct all major phases of the assessment with the direct, meaningful, and sustained involvement of impacted employees and their collective bargaining representative, if applicable.(c)(b) The worker and consumer impact assessment shall be provided to employees potentially affected by the consequential workplace technology, or their collective bargaining representative, 60 days before implementation of the consequential workplace technology. The grocery establishment or retail drug establishment shall also post a copy of the worker and consumer impact assessment in a location accessible to its employees and customers before, and for at least 90 days following, implementation of the consequential workplace technology.
Amended IN Senate May 16, 2024 Amended IN Senate April 09, 2024 Amended IN Senate March 20, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1446Introduced by Senator Smallwood-CuevasFebruary 16, 2024An act to add Part 9.6 (commencing with Section 2530) to Division 2 of the Labor Code, relating to private employment.LEGISLATIVE COUNSEL'S DIGESTSB 1446, as amended, Smallwood-Cuevas. Grocery establishment and retail drug establishment employees: self-service checkout and technologies affecting essential job functions. consequential workplace technology.Existing law imposes certain requirements on grocery employers, as defined, upon the purchase or change in control of a grocery establishment, including requiring a successor grocery employer to retain eligible grocery workers for a specified period after transfer of the grocery establishment.This bill would prohibit a grocery establishment or a retail drug establishment, as those terms are defined, from providing a self-service checkout option for customers unless specified conditions are satisfied, including having no more than 2 self-service checkout stations monitored by any one employee and requiring the employee to be relieved of all other duties. The bill would require a grocery establishment or retail drug establishment that offers self-service checkout to include self-service checkout in a specified analysis of potential work hazards for purposes of their injury and illness prevention programs. the employers illness and prevention program, as required by Division of Occupational Safety and Health regulations. The bill would require a grocery establishment or retail drug establishment that develops or implements technology that significantly affects the essential job functions or eliminates jobs or essential job functions of its employees, or that enables self-service, to complete a specified assessment before implementing the technology. uses or procures a consequential workplace technology, as defined, to complete a worker and customer impact assessment before using or procuring the consequential workplace technology. The bill would require the study assessment to include, among other things, the salaries, benefits, jobs, and work hours that would be eliminated by the consequential workplace technology. The bill would require the grocery establishment or retail drug establishment to notify and solicit input from its employees at least 60 days before drafting the study, specified workers and their collective bargaining representative at least 60 days before conducting the assessment, to provide the study to assessment to specified employees or their collective bargaining representatives at least 60 days before implementation, implementation of the consequential workplace technology, and to post a copy of the study assessment in a location accessible to its employees and customers before, and for at least 90 days following, implementation of the consequential workplace technology.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Senate May 16, 2024 Amended IN Senate April 09, 2024 Amended IN Senate March 20, 2024
Amended IN Senate May 16, 2024
Amended IN Senate April 09, 2024
Amended IN Senate March 20, 2024
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Senate Bill
No. 1446
Introduced by Senator Smallwood-CuevasFebruary 16, 2024
Introduced by Senator Smallwood-Cuevas
February 16, 2024
An act to add Part 9.6 (commencing with Section 2530) to Division 2 of the Labor Code, relating to private employment.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1446, as amended, Smallwood-Cuevas. Grocery establishment and retail drug establishment employees: self-service checkout and technologies affecting essential job functions. consequential workplace technology.
Existing law imposes certain requirements on grocery employers, as defined, upon the purchase or change in control of a grocery establishment, including requiring a successor grocery employer to retain eligible grocery workers for a specified period after transfer of the grocery establishment.This bill would prohibit a grocery establishment or a retail drug establishment, as those terms are defined, from providing a self-service checkout option for customers unless specified conditions are satisfied, including having no more than 2 self-service checkout stations monitored by any one employee and requiring the employee to be relieved of all other duties. The bill would require a grocery establishment or retail drug establishment that offers self-service checkout to include self-service checkout in a specified analysis of potential work hazards for purposes of their injury and illness prevention programs. the employers illness and prevention program, as required by Division of Occupational Safety and Health regulations. The bill would require a grocery establishment or retail drug establishment that develops or implements technology that significantly affects the essential job functions or eliminates jobs or essential job functions of its employees, or that enables self-service, to complete a specified assessment before implementing the technology. uses or procures a consequential workplace technology, as defined, to complete a worker and customer impact assessment before using or procuring the consequential workplace technology. The bill would require the study assessment to include, among other things, the salaries, benefits, jobs, and work hours that would be eliminated by the consequential workplace technology. The bill would require the grocery establishment or retail drug establishment to notify and solicit input from its employees at least 60 days before drafting the study, specified workers and their collective bargaining representative at least 60 days before conducting the assessment, to provide the study to assessment to specified employees or their collective bargaining representatives at least 60 days before implementation, implementation of the consequential workplace technology, and to post a copy of the study assessment in a location accessible to its employees and customers before, and for at least 90 days following, implementation of the consequential workplace technology.
Existing law imposes certain requirements on grocery employers, as defined, upon the purchase or change in control of a grocery establishment, including requiring a successor grocery employer to retain eligible grocery workers for a specified period after transfer of the grocery establishment.
This bill would prohibit a grocery establishment or a retail drug establishment, as those terms are defined, from providing a self-service checkout option for customers unless specified conditions are satisfied, including having no more than 2 self-service checkout stations monitored by any one employee and requiring the employee to be relieved of all other duties. The bill would require a grocery establishment or retail drug establishment that offers self-service checkout to include self-service checkout in a specified analysis of potential work hazards for purposes of their injury and illness prevention programs. the employers illness and prevention program, as required by Division of Occupational Safety and Health regulations. The bill would require a grocery establishment or retail drug establishment that develops or implements technology that significantly affects the essential job functions or eliminates jobs or essential job functions of its employees, or that enables self-service, to complete a specified assessment before implementing the technology. uses or procures a consequential workplace technology, as defined, to complete a worker and customer impact assessment before using or procuring the consequential workplace technology. The bill would require the study assessment to include, among other things, the salaries, benefits, jobs, and work hours that would be eliminated by the consequential workplace technology. The bill would require the grocery establishment or retail drug establishment to notify and solicit input from its employees at least 60 days before drafting the study, specified workers and their collective bargaining representative at least 60 days before conducting the assessment, to provide the study to assessment to specified employees or their collective bargaining representatives at least 60 days before implementation, implementation of the consequential workplace technology, and to post a copy of the study assessment in a location accessible to its employees and customers before, and for at least 90 days following, implementation of the consequential workplace technology.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Part 9.6 (commencing with Section 2530) is added to Division 2 of the Labor Code, to read:PART 9.6. Grocery establishments and retail drug establishments2530. For purposes of this part, the following definitions shall apply:(a) Assessment or worker and consumer impact assessment means a study evaluating the potential negative effects on employees, consumers, or the public of a consequential workplace technology. The assessment shall include all of the following:(1) A detailed description of the consequential workplace technology, its intended purpose, and justification for adoption by the employer.(2) A description of the data used by the consequential workplace technology, including the specific categories of data that will be processed as input and any data used to train the technology.(3) The number of employees, identified by job classification, whose duties would be affected by the consequential workplace technology, as well as a description of how the duties of employees in each job classification would be affected.(4) The number of jobs, identified by job classification, that would be eliminated by the consequential workplace technology.(5) The number of work hours, identified by job classification, that would be eliminated by the consequential workplace technology.(6) The total amount of salaries and benefits that would be eliminated as a result of the consequential workplace technology.(7) A description of the potential gaps in skills of employees affected by the workplace technology that may result from the consequential workplace technology.(8) The total amount budgeted for, and descriptions of, training and retraining programs for affected employees.(9) An analysis of whether there will be human oversight of the consequential workplace technology.(10) An analysis of the potential effect of the consequential workplace technology on consumers, including any barriers to access that the technology could create for certain populations of consumers, including, but not limited to, seniors, the disabled, the unbanked, those without access to appropriate technology, youth, or other vulnerable populations, and what proportion of customers is likely to be impacted.(11) An analysis of the potential health and safety hazards created for employees, customers, or the public at large by the consequential workplace technology and what measures the employer will take to mitigate those potential hazards.(12) What data will be collected from employees and consumers by the consequential workplace technology and whether they will have the option to opt-out of personal data collection.(b) Consequential workplace technology means artificial intelligence or automated decisionmaking systems that significantly impacts, eliminates, or automates the core job functions agreed upon between an employer and an employee upon hire or following a subsequent change in position or department. Consequential workplace technology includes, but is not limited to, self-checkout robotics, wearable sensors, scanners, and electronic monitoring. (a)(c) Grocery establishment is as defined in Section 2502.(b)(d) Manual checkout station means a station that is not a self-service checkout station and at which an employee provides human assistance to a customer scanning, bagging, or accepting payment for the customers purchases.(c)(e) Retail drug establishment means a person, including an individual, a corporation, a partnership, a limited partnership, a limited liability partnership, a limited liability company, a business trust, an estate, a trust, an association, a joint venture, a proprietorship, a joint venture, an agency, an instrumentality, a corporate officer, an executive, or any other legal or commercial entity, whether domestic or foreign, that has 75 or more businesses or establishments located within the state and is identified as a retail business or establishment in the North American Industry Classification System within the retail trade category 45611.(d)(f) Self-service checkout means an automated process that enables customers to scan, bag, and pay for their purchases without human assistance.(e)(g) Self-service checkout station means a station at which a customer can engage in a self-service checkout for the customers purchases.2531. (a) A grocery establishment or retail drug establishment shall not provide a self-service checkout option for customers unless all of the following conditions are satisfied:(1) At least one manual checkout station is staffed by an employee of the establishment who is available to any given customer at the time that a self-service checkout option is made available to that customer.(2)(A)Self-service checkouts are limited to purchases of 10 or fewer items.(2) (A) The employer has established a workplace policy that limits self-service checkouts to purchases of no more than 15 items.(B) The establishment shall include signage within the self-service checkout area indicating that only 10 or fewer items the number of items that are permitted through the self-service checkout station.(3) Customers are prohibited from using self-service checkout to purchase either of the following:(A) Items that require customers to provide a form of identification, including, but not limited to, alcohol and tobacco products.(B) Items subject to special theft-deterrent measures, including, but not limited to, locked cabinets and electronic article surveillance tags, that require the intervention of an employee of the establishment for the customer to access or purchase the item.(4) (A) No more than two self-service checkout stations are simultaneously monitored by any one employee of the establishment.(B) An employee shall be relieved from all other duties when monitoring a self-service checkout station, including, but not limited to, operating a manual checkout station.(b) A grocery establishment or retail drug establishment that offers self-service checkout shall include self-service checkout in their analysis of potential work hazards for purposes of their injury and illness prevention programs required by Section 3203 of Title 8 of the California Code of Regulations.2532.(a)For purposes of this section, worker and consumer impact assessment means a study evaluating the potential negative effects on employees, consumers, or the public of a new or modified workplace technology that significantly affects the essential job functions of employees, eliminates jobs or essential job functions of employees, or that enables self-service by customers. A worker and consumer impact assessment shall include all of the following:(1)A detailed description of the workplace technology, its intended purpose, and justification for adoption by the employer.(2)A description of the data used by the technology, including the specific categories of data that will be processed as input and any data used to train the technology.(3)The number of employees, identified by job classification, whose duties would be affected by the workplace technology, as well as a description of how the duties of employees in each job classification would be affected.(4)The number of jobs, identified by job classification, that would be eliminated by the workplace technology.(5)The number of work hours, identified by job classification, that would be eliminated by the workplace technology.(6)The total amount of salaries and benefits that would be eliminated as a result of the workplace technology.(7)A description of the potential gaps in skills of employees affected by the workplace technology that may result from the workplace technology.(8)The total amount budgeted for, and descriptions of, training and retraining programs for affected employees.(9)An analysis of whether there will be human oversight of theworkplace technology.(10)An analysis of the potential effect of the workplace technology on consumers, including any barriers to access that the technology could create for certain populations of consumers, including, but not limited to, seniors, the disabled, the unbanked, those without access to appropriate technology, youth, or other vulnerable populations.(11)An analysis of the potential health and safety hazards created for employees, customers, or the public at large by the workplace technology and what measures the employer will take to mitigate those potential hazards.(12)What data will be collected from employees and consumers by the workplace technology and whether they will have the option to opt-out of personal data collection.(b)2532. (a) A grocery establishment or retail drug establishment that develops, procures, uses, or otherwise implements artificial intelligence, automation, or any new or modified technology that significantly affects the essential job functions of its employees, eliminates jobs or essential job functions of its employees, or that enables self-service by its customers shall complete a worker and consumer impact assessment before implementing the technology. The grocery establishment or retail drug establishment shall notify and solicit input from its employees potentially affected by the workplace technology, or their collective bargaining representative, at least 60 days before drafting the worker and consumer impact assessment. shall complete a worker and consumer impact assessment before using or procuring a consequential workplace technology. The grocery establishment or retail drug establishment shall notify workers potentially impacted by the consequential workplace technology, and their collective bargaining representative, at least 60 days before conducting the assessment. The employer shall conduct all major phases of the assessment with the direct, meaningful, and sustained involvement of impacted employees and their collective bargaining representative, if applicable.(c)(b) The worker and consumer impact assessment shall be provided to employees potentially affected by the consequential workplace technology, or their collective bargaining representative, 60 days before implementation of the consequential workplace technology. The grocery establishment or retail drug establishment shall also post a copy of the worker and consumer impact assessment in a location accessible to its employees and customers before, and for at least 90 days following, implementation of the consequential workplace technology.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Part 9.6 (commencing with Section 2530) is added to Division 2 of the Labor Code, to read:PART 9.6. Grocery establishments and retail drug establishments2530. For purposes of this part, the following definitions shall apply:(a) Assessment or worker and consumer impact assessment means a study evaluating the potential negative effects on employees, consumers, or the public of a consequential workplace technology. The assessment shall include all of the following:(1) A detailed description of the consequential workplace technology, its intended purpose, and justification for adoption by the employer.(2) A description of the data used by the consequential workplace technology, including the specific categories of data that will be processed as input and any data used to train the technology.(3) The number of employees, identified by job classification, whose duties would be affected by the consequential workplace technology, as well as a description of how the duties of employees in each job classification would be affected.(4) The number of jobs, identified by job classification, that would be eliminated by the consequential workplace technology.(5) The number of work hours, identified by job classification, that would be eliminated by the consequential workplace technology.(6) The total amount of salaries and benefits that would be eliminated as a result of the consequential workplace technology.(7) A description of the potential gaps in skills of employees affected by the workplace technology that may result from the consequential workplace technology.(8) The total amount budgeted for, and descriptions of, training and retraining programs for affected employees.(9) An analysis of whether there will be human oversight of the consequential workplace technology.(10) An analysis of the potential effect of the consequential workplace technology on consumers, including any barriers to access that the technology could create for certain populations of consumers, including, but not limited to, seniors, the disabled, the unbanked, those without access to appropriate technology, youth, or other vulnerable populations, and what proportion of customers is likely to be impacted.(11) An analysis of the potential health and safety hazards created for employees, customers, or the public at large by the consequential workplace technology and what measures the employer will take to mitigate those potential hazards.(12) What data will be collected from employees and consumers by the consequential workplace technology and whether they will have the option to opt-out of personal data collection.(b) Consequential workplace technology means artificial intelligence or automated decisionmaking systems that significantly impacts, eliminates, or automates the core job functions agreed upon between an employer and an employee upon hire or following a subsequent change in position or department. Consequential workplace technology includes, but is not limited to, self-checkout robotics, wearable sensors, scanners, and electronic monitoring. (a)(c) Grocery establishment is as defined in Section 2502.(b)(d) Manual checkout station means a station that is not a self-service checkout station and at which an employee provides human assistance to a customer scanning, bagging, or accepting payment for the customers purchases.(c)(e) Retail drug establishment means a person, including an individual, a corporation, a partnership, a limited partnership, a limited liability partnership, a limited liability company, a business trust, an estate, a trust, an association, a joint venture, a proprietorship, a joint venture, an agency, an instrumentality, a corporate officer, an executive, or any other legal or commercial entity, whether domestic or foreign, that has 75 or more businesses or establishments located within the state and is identified as a retail business or establishment in the North American Industry Classification System within the retail trade category 45611.(d)(f) Self-service checkout means an automated process that enables customers to scan, bag, and pay for their purchases without human assistance.(e)(g) Self-service checkout station means a station at which a customer can engage in a self-service checkout for the customers purchases.2531. (a) A grocery establishment or retail drug establishment shall not provide a self-service checkout option for customers unless all of the following conditions are satisfied:(1) At least one manual checkout station is staffed by an employee of the establishment who is available to any given customer at the time that a self-service checkout option is made available to that customer.(2)(A)Self-service checkouts are limited to purchases of 10 or fewer items.(2) (A) The employer has established a workplace policy that limits self-service checkouts to purchases of no more than 15 items.(B) The establishment shall include signage within the self-service checkout area indicating that only 10 or fewer items the number of items that are permitted through the self-service checkout station.(3) Customers are prohibited from using self-service checkout to purchase either of the following:(A) Items that require customers to provide a form of identification, including, but not limited to, alcohol and tobacco products.(B) Items subject to special theft-deterrent measures, including, but not limited to, locked cabinets and electronic article surveillance tags, that require the intervention of an employee of the establishment for the customer to access or purchase the item.(4) (A) No more than two self-service checkout stations are simultaneously monitored by any one employee of the establishment.(B) An employee shall be relieved from all other duties when monitoring a self-service checkout station, including, but not limited to, operating a manual checkout station.(b) A grocery establishment or retail drug establishment that offers self-service checkout shall include self-service checkout in their analysis of potential work hazards for purposes of their injury and illness prevention programs required by Section 3203 of Title 8 of the California Code of Regulations.2532.(a)For purposes of this section, worker and consumer impact assessment means a study evaluating the potential negative effects on employees, consumers, or the public of a new or modified workplace technology that significantly affects the essential job functions of employees, eliminates jobs or essential job functions of employees, or that enables self-service by customers. A worker and consumer impact assessment shall include all of the following:(1)A detailed description of the workplace technology, its intended purpose, and justification for adoption by the employer.(2)A description of the data used by the technology, including the specific categories of data that will be processed as input and any data used to train the technology.(3)The number of employees, identified by job classification, whose duties would be affected by the workplace technology, as well as a description of how the duties of employees in each job classification would be affected.(4)The number of jobs, identified by job classification, that would be eliminated by the workplace technology.(5)The number of work hours, identified by job classification, that would be eliminated by the workplace technology.(6)The total amount of salaries and benefits that would be eliminated as a result of the workplace technology.(7)A description of the potential gaps in skills of employees affected by the workplace technology that may result from the workplace technology.(8)The total amount budgeted for, and descriptions of, training and retraining programs for affected employees.(9)An analysis of whether there will be human oversight of theworkplace technology.(10)An analysis of the potential effect of the workplace technology on consumers, including any barriers to access that the technology could create for certain populations of consumers, including, but not limited to, seniors, the disabled, the unbanked, those without access to appropriate technology, youth, or other vulnerable populations.(11)An analysis of the potential health and safety hazards created for employees, customers, or the public at large by the workplace technology and what measures the employer will take to mitigate those potential hazards.(12)What data will be collected from employees and consumers by the workplace technology and whether they will have the option to opt-out of personal data collection.(b)2532. (a) A grocery establishment or retail drug establishment that develops, procures, uses, or otherwise implements artificial intelligence, automation, or any new or modified technology that significantly affects the essential job functions of its employees, eliminates jobs or essential job functions of its employees, or that enables self-service by its customers shall complete a worker and consumer impact assessment before implementing the technology. The grocery establishment or retail drug establishment shall notify and solicit input from its employees potentially affected by the workplace technology, or their collective bargaining representative, at least 60 days before drafting the worker and consumer impact assessment. shall complete a worker and consumer impact assessment before using or procuring a consequential workplace technology. The grocery establishment or retail drug establishment shall notify workers potentially impacted by the consequential workplace technology, and their collective bargaining representative, at least 60 days before conducting the assessment. The employer shall conduct all major phases of the assessment with the direct, meaningful, and sustained involvement of impacted employees and their collective bargaining representative, if applicable.(c)(b) The worker and consumer impact assessment shall be provided to employees potentially affected by the consequential workplace technology, or their collective bargaining representative, 60 days before implementation of the consequential workplace technology. The grocery establishment or retail drug establishment shall also post a copy of the worker and consumer impact assessment in a location accessible to its employees and customers before, and for at least 90 days following, implementation of the consequential workplace technology.
SECTION 1. Part 9.6 (commencing with Section 2530) is added to Division 2 of the Labor Code, to read:
### SECTION 1.
PART 9.6. Grocery establishments and retail drug establishments2530. For purposes of this part, the following definitions shall apply:(a) Assessment or worker and consumer impact assessment means a study evaluating the potential negative effects on employees, consumers, or the public of a consequential workplace technology. The assessment shall include all of the following:(1) A detailed description of the consequential workplace technology, its intended purpose, and justification for adoption by the employer.(2) A description of the data used by the consequential workplace technology, including the specific categories of data that will be processed as input and any data used to train the technology.(3) The number of employees, identified by job classification, whose duties would be affected by the consequential workplace technology, as well as a description of how the duties of employees in each job classification would be affected.(4) The number of jobs, identified by job classification, that would be eliminated by the consequential workplace technology.(5) The number of work hours, identified by job classification, that would be eliminated by the consequential workplace technology.(6) The total amount of salaries and benefits that would be eliminated as a result of the consequential workplace technology.(7) A description of the potential gaps in skills of employees affected by the workplace technology that may result from the consequential workplace technology.(8) The total amount budgeted for, and descriptions of, training and retraining programs for affected employees.(9) An analysis of whether there will be human oversight of the consequential workplace technology.(10) An analysis of the potential effect of the consequential workplace technology on consumers, including any barriers to access that the technology could create for certain populations of consumers, including, but not limited to, seniors, the disabled, the unbanked, those without access to appropriate technology, youth, or other vulnerable populations, and what proportion of customers is likely to be impacted.(11) An analysis of the potential health and safety hazards created for employees, customers, or the public at large by the consequential workplace technology and what measures the employer will take to mitigate those potential hazards.(12) What data will be collected from employees and consumers by the consequential workplace technology and whether they will have the option to opt-out of personal data collection.(b) Consequential workplace technology means artificial intelligence or automated decisionmaking systems that significantly impacts, eliminates, or automates the core job functions agreed upon between an employer and an employee upon hire or following a subsequent change in position or department. Consequential workplace technology includes, but is not limited to, self-checkout robotics, wearable sensors, scanners, and electronic monitoring. (a)(c) Grocery establishment is as defined in Section 2502.(b)(d) Manual checkout station means a station that is not a self-service checkout station and at which an employee provides human assistance to a customer scanning, bagging, or accepting payment for the customers purchases.(c)(e) Retail drug establishment means a person, including an individual, a corporation, a partnership, a limited partnership, a limited liability partnership, a limited liability company, a business trust, an estate, a trust, an association, a joint venture, a proprietorship, a joint venture, an agency, an instrumentality, a corporate officer, an executive, or any other legal or commercial entity, whether domestic or foreign, that has 75 or more businesses or establishments located within the state and is identified as a retail business or establishment in the North American Industry Classification System within the retail trade category 45611.(d)(f) Self-service checkout means an automated process that enables customers to scan, bag, and pay for their purchases without human assistance.(e)(g) Self-service checkout station means a station at which a customer can engage in a self-service checkout for the customers purchases.2531. (a) A grocery establishment or retail drug establishment shall not provide a self-service checkout option for customers unless all of the following conditions are satisfied:(1) At least one manual checkout station is staffed by an employee of the establishment who is available to any given customer at the time that a self-service checkout option is made available to that customer.(2)(A)Self-service checkouts are limited to purchases of 10 or fewer items.(2) (A) The employer has established a workplace policy that limits self-service checkouts to purchases of no more than 15 items.(B) The establishment shall include signage within the self-service checkout area indicating that only 10 or fewer items the number of items that are permitted through the self-service checkout station.(3) Customers are prohibited from using self-service checkout to purchase either of the following:(A) Items that require customers to provide a form of identification, including, but not limited to, alcohol and tobacco products.(B) Items subject to special theft-deterrent measures, including, but not limited to, locked cabinets and electronic article surveillance tags, that require the intervention of an employee of the establishment for the customer to access or purchase the item.(4) (A) No more than two self-service checkout stations are simultaneously monitored by any one employee of the establishment.(B) An employee shall be relieved from all other duties when monitoring a self-service checkout station, including, but not limited to, operating a manual checkout station.(b) A grocery establishment or retail drug establishment that offers self-service checkout shall include self-service checkout in their analysis of potential work hazards for purposes of their injury and illness prevention programs required by Section 3203 of Title 8 of the California Code of Regulations.2532.(a)For purposes of this section, worker and consumer impact assessment means a study evaluating the potential negative effects on employees, consumers, or the public of a new or modified workplace technology that significantly affects the essential job functions of employees, eliminates jobs or essential job functions of employees, or that enables self-service by customers. A worker and consumer impact assessment shall include all of the following:(1)A detailed description of the workplace technology, its intended purpose, and justification for adoption by the employer.(2)A description of the data used by the technology, including the specific categories of data that will be processed as input and any data used to train the technology.(3)The number of employees, identified by job classification, whose duties would be affected by the workplace technology, as well as a description of how the duties of employees in each job classification would be affected.(4)The number of jobs, identified by job classification, that would be eliminated by the workplace technology.(5)The number of work hours, identified by job classification, that would be eliminated by the workplace technology.(6)The total amount of salaries and benefits that would be eliminated as a result of the workplace technology.(7)A description of the potential gaps in skills of employees affected by the workplace technology that may result from the workplace technology.(8)The total amount budgeted for, and descriptions of, training and retraining programs for affected employees.(9)An analysis of whether there will be human oversight of theworkplace technology.(10)An analysis of the potential effect of the workplace technology on consumers, including any barriers to access that the technology could create for certain populations of consumers, including, but not limited to, seniors, the disabled, the unbanked, those without access to appropriate technology, youth, or other vulnerable populations.(11)An analysis of the potential health and safety hazards created for employees, customers, or the public at large by the workplace technology and what measures the employer will take to mitigate those potential hazards.(12)What data will be collected from employees and consumers by the workplace technology and whether they will have the option to opt-out of personal data collection.(b)2532. (a) A grocery establishment or retail drug establishment that develops, procures, uses, or otherwise implements artificial intelligence, automation, or any new or modified technology that significantly affects the essential job functions of its employees, eliminates jobs or essential job functions of its employees, or that enables self-service by its customers shall complete a worker and consumer impact assessment before implementing the technology. The grocery establishment or retail drug establishment shall notify and solicit input from its employees potentially affected by the workplace technology, or their collective bargaining representative, at least 60 days before drafting the worker and consumer impact assessment. shall complete a worker and consumer impact assessment before using or procuring a consequential workplace technology. The grocery establishment or retail drug establishment shall notify workers potentially impacted by the consequential workplace technology, and their collective bargaining representative, at least 60 days before conducting the assessment. The employer shall conduct all major phases of the assessment with the direct, meaningful, and sustained involvement of impacted employees and their collective bargaining representative, if applicable.(c)(b) The worker and consumer impact assessment shall be provided to employees potentially affected by the consequential workplace technology, or their collective bargaining representative, 60 days before implementation of the consequential workplace technology. The grocery establishment or retail drug establishment shall also post a copy of the worker and consumer impact assessment in a location accessible to its employees and customers before, and for at least 90 days following, implementation of the consequential workplace technology.
PART 9.6. Grocery establishments and retail drug establishments2530. For purposes of this part, the following definitions shall apply:(a) Assessment or worker and consumer impact assessment means a study evaluating the potential negative effects on employees, consumers, or the public of a consequential workplace technology. The assessment shall include all of the following:(1) A detailed description of the consequential workplace technology, its intended purpose, and justification for adoption by the employer.(2) A description of the data used by the consequential workplace technology, including the specific categories of data that will be processed as input and any data used to train the technology.(3) The number of employees, identified by job classification, whose duties would be affected by the consequential workplace technology, as well as a description of how the duties of employees in each job classification would be affected.(4) The number of jobs, identified by job classification, that would be eliminated by the consequential workplace technology.(5) The number of work hours, identified by job classification, that would be eliminated by the consequential workplace technology.(6) The total amount of salaries and benefits that would be eliminated as a result of the consequential workplace technology.(7) A description of the potential gaps in skills of employees affected by the workplace technology that may result from the consequential workplace technology.(8) The total amount budgeted for, and descriptions of, training and retraining programs for affected employees.(9) An analysis of whether there will be human oversight of the consequential workplace technology.(10) An analysis of the potential effect of the consequential workplace technology on consumers, including any barriers to access that the technology could create for certain populations of consumers, including, but not limited to, seniors, the disabled, the unbanked, those without access to appropriate technology, youth, or other vulnerable populations, and what proportion of customers is likely to be impacted.(11) An analysis of the potential health and safety hazards created for employees, customers, or the public at large by the consequential workplace technology and what measures the employer will take to mitigate those potential hazards.(12) What data will be collected from employees and consumers by the consequential workplace technology and whether they will have the option to opt-out of personal data collection.(b) Consequential workplace technology means artificial intelligence or automated decisionmaking systems that significantly impacts, eliminates, or automates the core job functions agreed upon between an employer and an employee upon hire or following a subsequent change in position or department. Consequential workplace technology includes, but is not limited to, self-checkout robotics, wearable sensors, scanners, and electronic monitoring. (a)(c) Grocery establishment is as defined in Section 2502.(b)(d) Manual checkout station means a station that is not a self-service checkout station and at which an employee provides human assistance to a customer scanning, bagging, or accepting payment for the customers purchases.(c)(e) Retail drug establishment means a person, including an individual, a corporation, a partnership, a limited partnership, a limited liability partnership, a limited liability company, a business trust, an estate, a trust, an association, a joint venture, a proprietorship, a joint venture, an agency, an instrumentality, a corporate officer, an executive, or any other legal or commercial entity, whether domestic or foreign, that has 75 or more businesses or establishments located within the state and is identified as a retail business or establishment in the North American Industry Classification System within the retail trade category 45611.(d)(f) Self-service checkout means an automated process that enables customers to scan, bag, and pay for their purchases without human assistance.(e)(g) Self-service checkout station means a station at which a customer can engage in a self-service checkout for the customers purchases.2531. (a) A grocery establishment or retail drug establishment shall not provide a self-service checkout option for customers unless all of the following conditions are satisfied:(1) At least one manual checkout station is staffed by an employee of the establishment who is available to any given customer at the time that a self-service checkout option is made available to that customer.(2)(A)Self-service checkouts are limited to purchases of 10 or fewer items.(2) (A) The employer has established a workplace policy that limits self-service checkouts to purchases of no more than 15 items.(B) The establishment shall include signage within the self-service checkout area indicating that only 10 or fewer items the number of items that are permitted through the self-service checkout station.(3) Customers are prohibited from using self-service checkout to purchase either of the following:(A) Items that require customers to provide a form of identification, including, but not limited to, alcohol and tobacco products.(B) Items subject to special theft-deterrent measures, including, but not limited to, locked cabinets and electronic article surveillance tags, that require the intervention of an employee of the establishment for the customer to access or purchase the item.(4) (A) No more than two self-service checkout stations are simultaneously monitored by any one employee of the establishment.(B) An employee shall be relieved from all other duties when monitoring a self-service checkout station, including, but not limited to, operating a manual checkout station.(b) A grocery establishment or retail drug establishment that offers self-service checkout shall include self-service checkout in their analysis of potential work hazards for purposes of their injury and illness prevention programs required by Section 3203 of Title 8 of the California Code of Regulations.2532.(a)For purposes of this section, worker and consumer impact assessment means a study evaluating the potential negative effects on employees, consumers, or the public of a new or modified workplace technology that significantly affects the essential job functions of employees, eliminates jobs or essential job functions of employees, or that enables self-service by customers. A worker and consumer impact assessment shall include all of the following:(1)A detailed description of the workplace technology, its intended purpose, and justification for adoption by the employer.(2)A description of the data used by the technology, including the specific categories of data that will be processed as input and any data used to train the technology.(3)The number of employees, identified by job classification, whose duties would be affected by the workplace technology, as well as a description of how the duties of employees in each job classification would be affected.(4)The number of jobs, identified by job classification, that would be eliminated by the workplace technology.(5)The number of work hours, identified by job classification, that would be eliminated by the workplace technology.(6)The total amount of salaries and benefits that would be eliminated as a result of the workplace technology.(7)A description of the potential gaps in skills of employees affected by the workplace technology that may result from the workplace technology.(8)The total amount budgeted for, and descriptions of, training and retraining programs for affected employees.(9)An analysis of whether there will be human oversight of theworkplace technology.(10)An analysis of the potential effect of the workplace technology on consumers, including any barriers to access that the technology could create for certain populations of consumers, including, but not limited to, seniors, the disabled, the unbanked, those without access to appropriate technology, youth, or other vulnerable populations.(11)An analysis of the potential health and safety hazards created for employees, customers, or the public at large by the workplace technology and what measures the employer will take to mitigate those potential hazards.(12)What data will be collected from employees and consumers by the workplace technology and whether they will have the option to opt-out of personal data collection.(b)2532. (a) A grocery establishment or retail drug establishment that develops, procures, uses, or otherwise implements artificial intelligence, automation, or any new or modified technology that significantly affects the essential job functions of its employees, eliminates jobs or essential job functions of its employees, or that enables self-service by its customers shall complete a worker and consumer impact assessment before implementing the technology. The grocery establishment or retail drug establishment shall notify and solicit input from its employees potentially affected by the workplace technology, or their collective bargaining representative, at least 60 days before drafting the worker and consumer impact assessment. shall complete a worker and consumer impact assessment before using or procuring a consequential workplace technology. The grocery establishment or retail drug establishment shall notify workers potentially impacted by the consequential workplace technology, and their collective bargaining representative, at least 60 days before conducting the assessment. The employer shall conduct all major phases of the assessment with the direct, meaningful, and sustained involvement of impacted employees and their collective bargaining representative, if applicable.(c)(b) The worker and consumer impact assessment shall be provided to employees potentially affected by the consequential workplace technology, or their collective bargaining representative, 60 days before implementation of the consequential workplace technology. The grocery establishment or retail drug establishment shall also post a copy of the worker and consumer impact assessment in a location accessible to its employees and customers before, and for at least 90 days following, implementation of the consequential workplace technology.
PART 9.6. Grocery establishments and retail drug establishments
PART 9.6. Grocery establishments and retail drug establishments
2530. For purposes of this part, the following definitions shall apply:(a) Assessment or worker and consumer impact assessment means a study evaluating the potential negative effects on employees, consumers, or the public of a consequential workplace technology. The assessment shall include all of the following:(1) A detailed description of the consequential workplace technology, its intended purpose, and justification for adoption by the employer.(2) A description of the data used by the consequential workplace technology, including the specific categories of data that will be processed as input and any data used to train the technology.(3) The number of employees, identified by job classification, whose duties would be affected by the consequential workplace technology, as well as a description of how the duties of employees in each job classification would be affected.(4) The number of jobs, identified by job classification, that would be eliminated by the consequential workplace technology.(5) The number of work hours, identified by job classification, that would be eliminated by the consequential workplace technology.(6) The total amount of salaries and benefits that would be eliminated as a result of the consequential workplace technology.(7) A description of the potential gaps in skills of employees affected by the workplace technology that may result from the consequential workplace technology.(8) The total amount budgeted for, and descriptions of, training and retraining programs for affected employees.(9) An analysis of whether there will be human oversight of the consequential workplace technology.(10) An analysis of the potential effect of the consequential workplace technology on consumers, including any barriers to access that the technology could create for certain populations of consumers, including, but not limited to, seniors, the disabled, the unbanked, those without access to appropriate technology, youth, or other vulnerable populations, and what proportion of customers is likely to be impacted.(11) An analysis of the potential health and safety hazards created for employees, customers, or the public at large by the consequential workplace technology and what measures the employer will take to mitigate those potential hazards.(12) What data will be collected from employees and consumers by the consequential workplace technology and whether they will have the option to opt-out of personal data collection.(b) Consequential workplace technology means artificial intelligence or automated decisionmaking systems that significantly impacts, eliminates, or automates the core job functions agreed upon between an employer and an employee upon hire or following a subsequent change in position or department. Consequential workplace technology includes, but is not limited to, self-checkout robotics, wearable sensors, scanners, and electronic monitoring. (a)(c) Grocery establishment is as defined in Section 2502.(b)(d) Manual checkout station means a station that is not a self-service checkout station and at which an employee provides human assistance to a customer scanning, bagging, or accepting payment for the customers purchases.(c)(e) Retail drug establishment means a person, including an individual, a corporation, a partnership, a limited partnership, a limited liability partnership, a limited liability company, a business trust, an estate, a trust, an association, a joint venture, a proprietorship, a joint venture, an agency, an instrumentality, a corporate officer, an executive, or any other legal or commercial entity, whether domestic or foreign, that has 75 or more businesses or establishments located within the state and is identified as a retail business or establishment in the North American Industry Classification System within the retail trade category 45611.(d)(f) Self-service checkout means an automated process that enables customers to scan, bag, and pay for their purchases without human assistance.(e)(g) Self-service checkout station means a station at which a customer can engage in a self-service checkout for the customers purchases.
2530. For purposes of this part, the following definitions shall apply:
(a) Assessment or worker and consumer impact assessment means a study evaluating the potential negative effects on employees, consumers, or the public of a consequential workplace technology. The assessment shall include all of the following:
(1) A detailed description of the consequential workplace technology, its intended purpose, and justification for adoption by the employer.
(2) A description of the data used by the consequential workplace technology, including the specific categories of data that will be processed as input and any data used to train the technology.
(3) The number of employees, identified by job classification, whose duties would be affected by the consequential workplace technology, as well as a description of how the duties of employees in each job classification would be affected.
(4) The number of jobs, identified by job classification, that would be eliminated by the consequential workplace technology.
(5) The number of work hours, identified by job classification, that would be eliminated by the consequential workplace technology.
(6) The total amount of salaries and benefits that would be eliminated as a result of the consequential workplace technology.
(7) A description of the potential gaps in skills of employees affected by the workplace technology that may result from the consequential workplace technology.
(8) The total amount budgeted for, and descriptions of, training and retraining programs for affected employees.
(9) An analysis of whether there will be human oversight of the consequential workplace technology.
(10) An analysis of the potential effect of the consequential workplace technology on consumers, including any barriers to access that the technology could create for certain populations of consumers, including, but not limited to, seniors, the disabled, the unbanked, those without access to appropriate technology, youth, or other vulnerable populations, and what proportion of customers is likely to be impacted.
(11) An analysis of the potential health and safety hazards created for employees, customers, or the public at large by the consequential workplace technology and what measures the employer will take to mitigate those potential hazards.
(12) What data will be collected from employees and consumers by the consequential workplace technology and whether they will have the option to opt-out of personal data collection.
(b) Consequential workplace technology means artificial intelligence or automated decisionmaking systems that significantly impacts, eliminates, or automates the core job functions agreed upon between an employer and an employee upon hire or following a subsequent change in position or department. Consequential workplace technology includes, but is not limited to, self-checkout robotics, wearable sensors, scanners, and electronic monitoring.
(a)
(c) Grocery establishment is as defined in Section 2502.
(b)
(d) Manual checkout station means a station that is not a self-service checkout station and at which an employee provides human assistance to a customer scanning, bagging, or accepting payment for the customers purchases.
(c)
(e) Retail drug establishment means a person, including an individual, a corporation, a partnership, a limited partnership, a limited liability partnership, a limited liability company, a business trust, an estate, a trust, an association, a joint venture, a proprietorship, a joint venture, an agency, an instrumentality, a corporate officer, an executive, or any other legal or commercial entity, whether domestic or foreign, that has 75 or more businesses or establishments located within the state and is identified as a retail business or establishment in the North American Industry Classification System within the retail trade category 45611.
(d)
(f) Self-service checkout means an automated process that enables customers to scan, bag, and pay for their purchases without human assistance.
(e)
(g) Self-service checkout station means a station at which a customer can engage in a self-service checkout for the customers purchases.
2531. (a) A grocery establishment or retail drug establishment shall not provide a self-service checkout option for customers unless all of the following conditions are satisfied:(1) At least one manual checkout station is staffed by an employee of the establishment who is available to any given customer at the time that a self-service checkout option is made available to that customer.(2)(A)Self-service checkouts are limited to purchases of 10 or fewer items.(2) (A) The employer has established a workplace policy that limits self-service checkouts to purchases of no more than 15 items.(B) The establishment shall include signage within the self-service checkout area indicating that only 10 or fewer items the number of items that are permitted through the self-service checkout station.(3) Customers are prohibited from using self-service checkout to purchase either of the following:(A) Items that require customers to provide a form of identification, including, but not limited to, alcohol and tobacco products.(B) Items subject to special theft-deterrent measures, including, but not limited to, locked cabinets and electronic article surveillance tags, that require the intervention of an employee of the establishment for the customer to access or purchase the item.(4) (A) No more than two self-service checkout stations are simultaneously monitored by any one employee of the establishment.(B) An employee shall be relieved from all other duties when monitoring a self-service checkout station, including, but not limited to, operating a manual checkout station.(b) A grocery establishment or retail drug establishment that offers self-service checkout shall include self-service checkout in their analysis of potential work hazards for purposes of their injury and illness prevention programs required by Section 3203 of Title 8 of the California Code of Regulations.
2531. (a) A grocery establishment or retail drug establishment shall not provide a self-service checkout option for customers unless all of the following conditions are satisfied:
(1) At least one manual checkout station is staffed by an employee of the establishment who is available to any given customer at the time that a self-service checkout option is made available to that customer.
(2)(A)Self-service checkouts are limited to purchases of 10 or fewer items.
(2) (A) The employer has established a workplace policy that limits self-service checkouts to purchases of no more than 15 items.
(B) The establishment shall include signage within the self-service checkout area indicating that only 10 or fewer items the number of items that are permitted through the self-service checkout station.
(3) Customers are prohibited from using self-service checkout to purchase either of the following:
(A) Items that require customers to provide a form of identification, including, but not limited to, alcohol and tobacco products.
(B) Items subject to special theft-deterrent measures, including, but not limited to, locked cabinets and electronic article surveillance tags, that require the intervention of an employee of the establishment for the customer to access or purchase the item.
(4) (A) No more than two self-service checkout stations are simultaneously monitored by any one employee of the establishment.
(B) An employee shall be relieved from all other duties when monitoring a self-service checkout station, including, but not limited to, operating a manual checkout station.
(b) A grocery establishment or retail drug establishment that offers self-service checkout shall include self-service checkout in their analysis of potential work hazards for purposes of their injury and illness prevention programs required by Section 3203 of Title 8 of the California Code of Regulations.
(a)For purposes of this section, worker and consumer impact assessment means a study evaluating the potential negative effects on employees, consumers, or the public of a new or modified workplace technology that significantly affects the essential job functions of employees, eliminates jobs or essential job functions of employees, or that enables self-service by customers. A worker and consumer impact assessment shall include all of the following:
(1)A detailed description of the workplace technology, its intended purpose, and justification for adoption by the employer.
(2)A description of the data used by the technology, including the specific categories of data that will be processed as input and any data used to train the technology.
(3)The number of employees, identified by job classification, whose duties would be affected by the workplace technology, as well as a description of how the duties of employees in each job classification would be affected.
(4)The number of jobs, identified by job classification, that would be eliminated by the workplace technology.
(5)The number of work hours, identified by job classification, that would be eliminated by the workplace technology.
(6)The total amount of salaries and benefits that would be eliminated as a result of the workplace technology.
(7)A description of the potential gaps in skills of employees affected by the workplace technology that may result from the workplace technology.
(8)The total amount budgeted for, and descriptions of, training and retraining programs for affected employees.
(9)An analysis of whether there will be human oversight of theworkplace technology.
(10)An analysis of the potential effect of the workplace technology on consumers, including any barriers to access that the technology could create for certain populations of consumers, including, but not limited to, seniors, the disabled, the unbanked, those without access to appropriate technology, youth, or other vulnerable populations.
(11)An analysis of the potential health and safety hazards created for employees, customers, or the public at large by the workplace technology and what measures the employer will take to mitigate those potential hazards.
(12)What data will be collected from employees and consumers by the workplace technology and whether they will have the option to opt-out of personal data collection.
(b)
2532. (a) A grocery establishment or retail drug establishment that develops, procures, uses, or otherwise implements artificial intelligence, automation, or any new or modified technology that significantly affects the essential job functions of its employees, eliminates jobs or essential job functions of its employees, or that enables self-service by its customers shall complete a worker and consumer impact assessment before implementing the technology. The grocery establishment or retail drug establishment shall notify and solicit input from its employees potentially affected by the workplace technology, or their collective bargaining representative, at least 60 days before drafting the worker and consumer impact assessment. shall complete a worker and consumer impact assessment before using or procuring a consequential workplace technology. The grocery establishment or retail drug establishment shall notify workers potentially impacted by the consequential workplace technology, and their collective bargaining representative, at least 60 days before conducting the assessment. The employer shall conduct all major phases of the assessment with the direct, meaningful, and sustained involvement of impacted employees and their collective bargaining representative, if applicable.(c)(b) The worker and consumer impact assessment shall be provided to employees potentially affected by the consequential workplace technology, or their collective bargaining representative, 60 days before implementation of the consequential workplace technology. The grocery establishment or retail drug establishment shall also post a copy of the worker and consumer impact assessment in a location accessible to its employees and customers before, and for at least 90 days following, implementation of the consequential workplace technology.
2532. (a) A grocery establishment or retail drug establishment that develops, procures, uses, or otherwise implements artificial intelligence, automation, or any new or modified technology that significantly affects the essential job functions of its employees, eliminates jobs or essential job functions of its employees, or that enables self-service by its customers shall complete a worker and consumer impact assessment before implementing the technology. The grocery establishment or retail drug establishment shall notify and solicit input from its employees potentially affected by the workplace technology, or their collective bargaining representative, at least 60 days before drafting the worker and consumer impact assessment. shall complete a worker and consumer impact assessment before using or procuring a consequential workplace technology. The grocery establishment or retail drug establishment shall notify workers potentially impacted by the consequential workplace technology, and their collective bargaining representative, at least 60 days before conducting the assessment. The employer shall conduct all major phases of the assessment with the direct, meaningful, and sustained involvement of impacted employees and their collective bargaining representative, if applicable.
(c)
(b) The worker and consumer impact assessment shall be provided to employees potentially affected by the consequential workplace technology, or their collective bargaining representative, 60 days before implementation of the consequential workplace technology. The grocery establishment or retail drug establishment shall also post a copy of the worker and consumer impact assessment in a location accessible to its employees and customers before, and for at least 90 days following, implementation of the consequential workplace technology.