Bill Text: CA AB2082 | 2021-2022 | Regular Session | Amended
Bill Title: Farmworker Indigenous Language Outreach Program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-05-19 - In committee: Held under submission. [AB2082 Detail]
Download: California-2021-AB2082-Amended.html
|
Amended
IN
Assembly
April 07, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 2082
| Introduced by Assembly Member Robert Rivas |
February 14, 2022 |
An act to add and repeal Chapter 8 (commencing with Section 180) of Division 1 of the Labor Code, relating to farmworkers.
LEGISLATIVE COUNSEL'S DIGEST
AB 2082, as amended, Robert Rivas.
Farmworker Indigenous Language Outreach Pilot Program.
Existing law establishes the Division of Occupational Safety and Health, known as Cal-OSHA, in the Department of Industrial Relations. Existing law prohibits a person from acting as a farm labor contractor without a license issued by the Labor Commissioner, and requires a licensed farm labor contractor to comply with various employment laws and practices, including providing training in sexual harassment in the language understood by the agricultural employee.
This bill would require Cal-OSHA to establish and administer a pilot program from July 1, 2023, until July 1, 2028, which would require Cal-OSHA to contract
program to commence July 1, 2023, except as specified, by contracting with community-based organizations in 3 counties to provide workplace health and safety and prescribed outreach services to farmworkers in indigenous languages, including, but not limited to, interpretation services, certain materials, and on-site, in-person training. The bill
would require Cal-OSHA to select 3 counties to participate in the pilot program that have more than 10,000 farmworkers who speak indigenous languages, and would require Cal-OSHA to consult with community-based organizations to determine the level of need for outreach services. languages. The bill would require the contracted community-based organizations selected for participation in the program to conduct initial outreach within 3 months of implementation of the program. The bill would require Cal-OSHA to provide a liaison in each of its regions to work directly with community-based
organizations to answer questions and respond to complaints that arise from indigenous language speakers. The bill would also require Cal-OSHA to provide technical support for community-based organizations to interpret regulations adopted pursuant to the bill and to help develop outreach materials that are culturally appropriate for farmworkers who speak indigenous languages. The bill would require Cal-OSHA, on and after January 1, 2023, to track and post on its internet website prescribed information relating to the program. The bill would require Cal-OSHA Cal-OSHA, on or before December 31, 2028, to submit a report to the Legislature evaluating the pilot program that identifies aspects of the pilot program
implementation of the program, including aspects of the outreach that were successful or could be improved, among other things. This bill would repeal the bill’s provisions on January 1, 2029.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Chapter 8 (commencing with Section 180) is added to Division 1 of the Labor Code, to read:
CHAPTER
8. Farmworker Indigenous Language Outreach Pilot Program
180.
(a) Beginning July 1, 2023,(b) The division shall contract with community-based organizations in three counties, as specified in subdivision (c),
to provide outreach services in indigenous languages to farmworkers, including, but not limited to, interpretation services, the ability to report and file complaints through a division liaison, providing materials on workplace rights and safety, advertisements, public service announcements, and on-site, onsite, in-person training.
(c)The division shall select three counties to participate in the pilot program that have more
than 10,000 farmworkers who speak indigenous languages. The division shall consult with community-based organizations to determine the level of need for outreach services to be provided. Upon selecting the counties to participate in the program, the division shall contract with one or more local community-based organizations in each county to provide outreach services to farmworkers in indigenous languages.
(d)
(c) The division shall continue to provide outreach services in the counties participating in
areas covered by
the program in nonindigenous languages.
(e)
(d) For purposes of this chapter, “outreach services” means workplace health and safety outreach services the division is required to provide to farmworkers, including, but not limited to, reporting of violations, sexual assault prevention, violations and COVID-19 information.
(f)
(e) Within the first three months of implementation of the program, the community-based organizations shall conduct initial outreach in each of the three counties participating in the pilot program to farmworkers who speak indigenous languages to ensure that those farmworkers are up to date in their knowledge of workplace rights and safety, sexual assault prevention,
safety and reporting practices.
181.
The division shall not conduct this program in a county that has a farmworker resource program established as of January 1, 2022, as described in Chapter 8 (commencing with Section 12710) of Part 2 of Division 3 of Title 2 of the Government Code.182.
The division shall do both of the following:(a) Provide a liaison in each of the division’s regions to work directly with community-based organizations to answer questions and respond to complaints that arise from indigenous language speakers. It is the intent of the Legislature that the division should not be required to create a new staff position for this purpose.
(b) Provide technical support for community-based organizations to interpret any regulations adopted pursuant to this chapter and to help develop outreach materials referenced in this chapter that are culturally appropriate for farmworkers who speak indigenous languages.
181.183.
(a) On(b) On or before December 31, 2028, the division shall submit to the Legislature a report evaluating the implementation of this chapter, including aspects of the outreach that were successful, aspects that could be improved, and suggestions for
those improvements. As part of the findings in the evaluation, the division shall compile information, including, but not limited to, the specific types of languages spoken by indigenous language speaking farmworkers who received services provided by the community-based organizations, the number of indigenous language speaking farmworkers who received services provided by the community-based organizations, the means of providing those services, any changes in the number of complaints filed, any changes in the number of investigations conducted, and how these investigations were resolved. This evaluation process shall not require any person or entity to share otherwise confidential information.
(b)
(c) The report specified in subdivision (a) (b) shall be submitted in compliance with Section 9795 of the Government Code.
This chapter shall remain in effect only until January 1, 2029, and as of that date is repealed.
