2024 California Legislative Update recording

Access our database of state laws and regulations for details. 

California Assembly Bill 2188

AB-2188 Discrimination in employment: use of cannabis

On August 30, 2022, the California legislature passed Assembly Bill (AB) 2188, which would prohibit employers from discriminating against “a person in hiring, termination, or any term or condition of employment” based on “the person's use of cannabis off the job and away from the workplace.” Assembly Bill (AB) 2188, the workplace marijuana legislation that Governor Gavin Newsom signed on September 18, 2022, amends the California Fair Employment and Housing Act (FEHA) to prohibit discrimination against an individual based on “an employer-required drug screening test” that detects the presence of “nonpsychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids.” Beginning on January 1, 2024, California employers will be prohibited from discharging employees or refusing to hire individuals based on their off-duty use of marijuana.

California Assembly Bill 2669

California Assembly Bill 2669 Youth Service Organizations Child Abuse and Neglect Prevention

AB-2669 was signed by Governor Newsom on September 6, 2022.  This bill impacts the timing of California Assembly Bill-506.

AB-2669 would, until January 1, 2024, exclude from this background check requirement youth service organizations that, prior to January 1, 2022, did not require administrators, employees, or regular volunteers to undergo background checks.

Assembly Bill No. 2669 text

 

California Assembly Bill 506  

AB 506, the Youth service organizations: child abuse and neglect prevention bill, which was approved by Governor Newsom on September 16, 2021, is set to become effective January 1, 2022. 

  • Requires any administrator, employee, or regular volunteer (volunteering more than 16 hours in a month or 32 hours in a year), of a youth service organization to complete training in identifying and reporting child abuse and neglect, as specified.
  • Requires any administrator, employee, or regular volunteer of a youth service organization to undergo a fingerprint-based background check, as specified.
  • Requires a youth service organization to develop and implement child abuse prevention policies and procedures. Those policies and procedures must:
    • Ensure the reporting of suspected incidents of child abuse to persons or entities outside of the organization and include the reporting required by CA Penal Code Section 11165.9.
    • Policies requiring, to the greatest extent possible, the presence of at least two mandated reporters whenever administrators, employees, or volunteers are in contact with, or supervising, children.
  • In addition, the bill authorizes an insurer to request information demonstrating compliance with these provisions from a youth service organization before writing liability insurance for a youth service organization.

CAL-OSHA Alert: Wildfire Smoke Emergency Regulation

Cal-OSHA has issued an emergency rule to deal with the hazards of wildfire smoke in California and to minimize the exposure to employee of contaminated smoke in such circumstance

The wildfire smoke regulation will only affect employees working outside and/or exposed to such smoke, with exemptions for businesses whose employees work inside air conditioning-controlled atmospheres. Here are some of the requirements:

Scope. California Code of Regulations, title 8, section 5141.1 applies to most outdoor workplaces where the current Air Quality Index (current AQI) for airborne particulate matter 2.5 micrometers or smaller (PM2.5) is 151 or greater, and where employers should reasonably anticipate that employees could be exposed to wildfire smoke.

Responsibilities.

Management and Supervisors:

  • Implement a system for communicating wildfire smoke hazards to employees.
  • Check with the proper authorities regarding the air quality at the time of wildfires so you can use such information to determine best practices in those circumstances.
  • Implement engineering controls, when feasible.
  • Provide proper respiratory protection equipment, if necessary.  In this case of this regulation, that implies the use of N95 air filtering facepieces.
  • Provide effective training.

Employees:

  • Follow work practices and procedures to help protect their health and safety.
  • Wear appropriate clothing and attire, and use provided protective equipment as needed.
  • Inform employer of worsening air quality; and any adverse symptoms from wildfire smoke.

Please review the regulation for applicability to your business and employee activities. Use this form to track and document the air quality on a daily and frequent basis, as may be required.

 

CalCode Changes may apply to California Camp Food Service Operations

California SB 1067 (Huff) Food facilities, updated CalCode in several sections. Camp directors may view a summary of changes to determine applicability to their operations. 

Additional resources include: SB 1067 Guidance Document and an Appendix

 

New Youth Sports Concussion Law May apply to California Camps

The California Collaboration for Youth shares: 

In January 2017, a new law went into effect in California related to youth sports and head injuries. The law expanded already existing statue on “return to play” that had only applied to school settings.  The law, as put into the California Health and Safety code ARTICLE 2.5. Youth Sports Concussion Protocols, section 124235, defines a youth sports organization as ” an organization, business, nonprofit entity, or a local governmental agency that sponsors or conducts amateur sports competitions, training, camps, or clubs in which persons 17 years of age or younger participate in any of the following sports: basketball, baseball, boxing, bicycle motocross (BMX), competitive cheerleading, diving, equestrian activities, field hockey, football, full contact martial arts, gymnastics, ice hockey, lacrosse, parkour, rodeo, roller derby, rugby, skateboarding, skiing, soccer, softball, surfing, swimming, synchronized swimming, volleyball, water polo, and wrestling. ”

This new law requires youth organizations to develop new procedures that include greater attention to an injured athlete and more education to athletes, parents, coaches and administrators in all the following areas:

  • Any athlete, suspected of receiving a concussion should be removed from play and not allowed to return until evaluated by a licensed health care provider trained in the management of concussions and acting within scope of practice.
  • If an athlete has received a concussion, the athlete should complete a return to play protocol of no less than 7 days under health care provider supervision.
  • If a youth athlete is removed form play for a head injury, the youth sports organization must notify the parents of the time and date of the injury, the symptoms observed and any treatment provided to the athlete by the organization.
  • Every year, the youth organization must provide to the athlete and the parents a concussion and head injury information sheet that must be signed by both and returned.
  • Every year, youth sports organizations must offer concussion and head injury information to all coaches and administrators.
  • Coaches and administrators are required to successfully complete in person or online concussion and head injury training at least once.  This must be completed before they can supervise an athlete in an activity.
  • “Concussion and head injury education and educational materials” and a “concussion and head injury information sheet” shall, at a minimum, include information relating to all the following:
  1. Head injuries and their potential consequences.
  2. The signs and symptoms of a concussion.
  3. Best practices for removal of an athlete from an athletic activity after a suspected concussion.
  4. Steps for returning an athlete to school and athletic activity after a concussion or head injury.

The Center for Disease Control and Prevention provides great resources for parents, athletes, youth coaches and heath care professionals.  Entitled, Heads Up, it offers free online training courses as well as a variety of materials such as fact sheets, posters and templates for planning.

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