Bill Text: CA SB1202 | 2023-2024 | Regular Session | Amended

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Bill Title: California Department of Human Resources: reports: assaults.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-16 - Read second time. Ordered to third reading. [SB1202 Detail]

Download: California-2023-SB1202-Amended.html

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Amended  IN  Senate  April 25, 2024

Amended  IN  Senate  April 09, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 1202

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Introduced by Senator Newman

February 15, 2024

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An act to add Section 6401.10 to the Labor Code, 19816.15 to the Government Code, relating to workplace safety.

LEGISLATIVE COUNSEL'S DIGEST

SB 1202, as amended, Newman. Labor and Workforce Development Agency: California Department of Human Resources: reports: assaults.

Existing law generally grants to the Division of Occupational Safety and Health, within the Department of Industrial Relations, jurisdiction over every employment and place of employment necessary to adequately enforce and administer all laws, standards, and orders. Existing law creates the Occupational Safety and Health Standards Board within the Labor and Workforce Development Agency and, among other things, requires it to adopt standards developed by the division relating to workplace violence prevention plans at hospitals.

The California Constitution establishes the State Personnel Board and requires the board to, among other things, enforce the civil service statutes, prescribe probationary periods and classifications, adopt rules authorized by statute, and review disciplinary actions. Existing law establishes the Department of Human Resources (CalHR) and provides that, subject to the requirements of the California Constitution, it succeeds to and is vested with the duties, purposes, responsibilities, and jurisdiction exercised by the board as its designee with respect to the board’s administrative and ministerial functions.

This bill would require the Labor and Workforce Development Agency CalHR to make a quarterly report regarding assaults, as defined, against employees to the Labor Commissioner and any bargaining unit within the agency within 30 calendar days of the last day of the quarter with respect to assaults that occurred during that quarter and, on or before January 30, 2026, and annually thereafter, to the Legislature and the chairs of the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget with respect to assaults that occurred during the preceding calendar year. The bill would require that report to include certain information with respect to any assault that occurred during the previous reporting period, including the date of the assault and the job classification of any affected represented employee.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.Section 6401.10 is added to the Labor Code, immediately following Section 6401.9, to read:

6401.10.

SECTION 1.

 Section 19816.15 is added to the Government Code, immediately following Section 19816.14, to read:

19816.15.

 (a) For purposes of this section, “assault” the following terms have the following meanings:

(1) “Assault” means a physically aggressive act to staff, including hitting, pushing, kicking, or other acts directed against a staff person that could cause potential or actual injury.

(2) “Employee” has the same meaning as in subdivision (d) of Section 19815.

(b) (1) The Labor and Workforce Development Agency Department of Human Resources shall make a quarterly report, pursuant to subdivision (c), regarding assaults against employees to both of the following:

(A)The Labor Commissioner and any bargaining unit within the agency within 30 calendar days of the last day of the quarter with respect to assaults that occurred during that quarter.

(B)On employees on or before January 30, 2026, and annually thereafter, to the Legislature and the chairs of the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget with respect to assaults that occurred during the preceding calendar year.

(2) A report submitted to the Legislature pursuant to this subdivision shall be submitted pursuant to Section 9795 of the Government Code. 9795.

(c) (1) A report made pursuant to this section shall include all of the following information with respect to any assault that occurred during the previous reporting period:

(A) The date of the assault.

(B) The job classification of any affected represented employee.

(C) The employee’s state bargaining unit designation.

(D) The name of the location at which the incident occurred.

(2) Information reported pursuant to this subdivision shall be reported in a manner that appropriately protects the confidentiality of employees.

SEC. 2.

 The Legislature finds and declares that Section 1 of this act, which adds Section 6401.10 19816.15 to the Labor Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:

In order to appropriately protect the privacy of persons involved in violent incidents, it is necessary to limit access to the personal information of employees involved in these incidents.