Training Mandates Study for the California Fire Service

Transcription

1 Training Mandates Study for the California Fire Service David Schoonover, Deputy Chief & Fire Marshal Director, Bureau of Fire Prevention San Jose Fire Department Mike Dowdle, Ph.D., J.D. San Jose Fire Department November 13, 2007

2 Table of Contents Executive Summary...3 Introduction...4 Understanding Cal OSHA...5 The Changing Regulatory Environment...6 Elements of Training Mandates...7 Training Records and Cal OSHA...8 The General Duty Clause and the General Industry Safety Orders...9 Impact of AB 1127, Employee Safety: Violations...10 Impact of SB 1207, Occupational Safety and Health: Volunteer Firefighters...10 Federal Employees and Federal Property...10 Impact of the California Incident Command Certification System (CICCS)...11 Impact of the National Incident Management Systems (NIMS)...11 Conclusion...12 Contact Information...12 Acknowledgements, Recognition, and Thanks...13 Summary of Training Requirements...15 Summary of Mandates...22 Complete Listing of Codes Sections begins on...27 Appendices Appendix A: Accessing Codes and Organizations Online...44 Appendix B: List of California Codes...46 Appendix C: Contents, California Code of Regulations...47 Appendix D: Contents, Title 29, Section 1910, Code of Federal Regulations...54 Appendix E: Relevant Training Standards of the NFPA...58 Appendix F: California State Fire Marshal Certification Programs...59 Appendix G: CICCS, NWCG Course Listings...64 Appendix H: ISO Grading Table for Training...66 Appendix I: AB 1127, Employee Safety Violations...67 Appendix J: SB 1207, Volunteer Firefighters...77 Appendix K: AB 1825, Sexual Harassment Training and Education...79 Appendix L: Police Officer Standards and Training (POST) Mandates...81 Training Mandates Study for the California Fire Service Page 2

3 Training Mandates Study for the California Fire Service Executive Summary Training mandates are a collection of laws, regulations, and their interpretations that define what training a fire department is legally required to deliver to its personnel. Most of these mandates are regulations of the California Occupational Safety and Health Administration (Cal OSHA). Compliance with these mandates has three goals: worker safety, performance to recognized standards, and reduction of liability for the city and its employees. The pressure for meeting all mandates has increased since passage of AB 1127 eliminated immunities of government personnel from civil and criminal prosecution. More recently, SB 1207 required all Volunteer Firefighters to meet the same training requirements as Paid Firefighters. There is a long list of specific mandates for training of fire personnel. There is also a broad, underlying, and nebulous mandate contained in the General Duty Clause and in the General Industry Safety Orders of the California Code of Regulations (CCR). Every interpretation of these regulations points to the conclusion that the Department is required to train all its personnel in every aspect of their job which involves risk or hazard. Many Fire Departments find that their performance falls short in meeting training mandates. They may do an excellent job in entry-level Firefighter training or EMS training, but not in specialized operations. This inconsistent compliance in meeting state and federal legal requirements compromises worker safety and leaves the employer (jurisdiction) at risk for liability. Causes of this inconsistency include lack of resources, changing priorities, expansion of operational objectives, and an ever-shifting regulatory environment. Enhancing a Department s ability to deliver mandated training is expensive, including costs for personnel, equipment, training programs, and physical resources such as a training center and a driver training course. However, failure to fund training can have even more expensive consequences. As the president of Harvard University once said, If you think education is expensive, try ignorance. Furthermore, it should be noted that failing to meet mandates comes with a high cost. Failure to meet training standards can result in poor operational performance, lack of safety training can lead to firefighter injury, and lack of compliance with regulations can lead to high liability exposure. Principles of risk management would point us toward an ounce of prevention as the most cost effective approach. However, the amount of funding allocated to training is a policy decision made by elected officials. NOTE: Under no circumstances should the contents of this document be construed as providing legal advice. Reasonable people can find different interpretations of state and federal laws. Before deciding what training is "mandatory" for a jurisdiction, personnel should seek professional legal advice. Training Mandates Study for the California Fire Service Page 3

4 Training Mandates Study for the California Fire Service Introduction All Fire Departments are required to comply with state and federal laws and regulations, just as any other employer. These laws regulate certain operations, administrative procedures, and training within the organization, and are commonly referred to as mandates. This report focuses primarily on sworn personnel, so references to all personnel should be considered to mean uniformed firefighters and officers. The majority of the regulations are those adopted by the California Occupational Safety and Health Administration (Cal OSHA) to meet national standards developed by the federal OSHA. The goal of most of these regulations is worker safety, although some address a professional performance standard. Many of the standards were developed as a direct result of workplace accidents resulting in injury or death. The rationale for any employer to comply is three-fold: Worker safety; Professional performance to recognized standards; and Reduced exposure to liability. Nearly all of the regulations are function-based. While there are regulations that apply to all employees, most regulations describe requirements for specific activities. For example, the respiratory standard only applies to employees who are exposed to hazardous atmospheres in their line of work. Some standards require the employer to create a safe work environment through administrative policies, engineering safeguards, or following operational guidelines. Others require that the employer provide safety equipment, employee testing, and training. The focus of this study is to identify those laws and regulations that require training of fire department sworn personnel. This is not a complete list of all regulations affecting fire department operations, and even mandates identified in this study can change from day to day. The goal of this study is to help ensure that departments are aware of their responsibility to deliver all state and federally-mandated training. Training Mandates Study for the California Fire Service Page 4

5 Understanding Cal OSHA California is one of 25 OSHA States which has a state agency to oversee worker health and safety. Federal law allows California to develop regulatory standards that must, at a minimum, meet federal standards. In the interim period between the adoption of a federal rule and the development of a state regulation, federal rules must be followed. Thus, references in this document will be to California codes, unless one does not exist. Cal OSHA has two sections: Consultation and Enforcement. Cal OSHA has enforcement powers and the ability to investigate accidents, serious injuries, or employee complaints. Cal OSHA can issue a citation (Labor Code 6317) to an employer (including local governments), and in 1999 was granted authority to fine government organizations. Since January 2000, Cal OSHA can fine and/or jail individuals employed by government entities if the offense is serious enough. When Cal OSHA investigates accidents or complaints, its investigators will always look at an agency s training records. In enforcement proceedings Cal OSHA has been granted wide latitude for interpretation of existing regulations, by legislation and court decisions. Even in areas where no specific training requirement exists in state codes, Cal OSHA may refer to the general duty clause requiring employers to do every thing reasonably necessary to protect the life, safety, and health of employees, including training in safe and healthy work practices. If no training standard is codified, Cal OSHA will usually reference recognized industry standards to which employers are expected to be training their employees. The bottom line regarding Cal OSHA regulations is that fire departments (1) must train all employees to perform safely in hazardous job activities, and (2) must train them to state-mandated or nationallyrecognized industry standards. NOTE: Please review the Cal OSHA User s Guide on the CD ROM. Cal/OSHA Consultation toll-free number Northern California 2424 Arden Way, Ste. 410 Sacramento, CA (916) San Francisco Bay Area 1515 Clay Street, Ste Oakland, CA (510) Central Valley 1901 North Gateway Boulevard, Ste. 102 Fresno, CA (559) Los Angeles Heritage Park Drive, Ste. 201 Santa Fe Springs, CA (562) San Bernardino, Orange 464 W. 4th Street, Ste. 339 San Bernardino, CA (909) San Diego 7575 Metropolitan Drive, Ste. 204 San Diego, CA (619) San Fernando Valley 6150 Van Nuys Boulevard, Ste. 307 Van Nuys, CA (818) Training Mandates Study for the California Fire Service Page 5

6 The Changing Regulatory Environment The regulatory environment is continually shifting. Recent examples include the following: In 1995, following federal development of a proposed rule for ergonomics, California developed its own regulation. However, in January 2001, President George W. Bush announced that the federal ergonomics rule was being vacated. California passed legislation to keep the state rule in place. Expanding the regulations for Respiratory Protection, in 1998 the state adopted a two-in, twoout standard that required changes in fireground operations. Under this regulation, firefighters can not enter a burning building under certain conditions, until there is a standby team of two firefighters outside. AB 1127 became codified in January It eliminated many of the immunities from civil and criminal liabilities formerly granted to government employees in cases involving violations of workplace safety standards. Local government officials now can face individual fines, prison, and civil lawsuits if they fail to provide a safe workplace. SB 1207 became law January For purposes of Labor law, it considers Volunteer Firefighters to be employees. Enforcement was postponed until The California fire service has trained employees for several years in techniques for rescuing trapped firefighters, including self-rescue and escape from a hazardous environment. Cal OSHA decided to investigate the procedures being taught, following the death of a Manteca, California, Fire Captain during a training exercise in Since then, the Northern California Fire Training Officers organization worked with the California State Fire Marshal s office and Cal OSHA consultants to develop an approved and certified training program for teaching special techniques for firefighter rescue. In 2003 the Federal government withdrew its proposed Tuberculosis rule. In 2004, Cal OSHA dropped the proposed state regulation ( 5147), and decided to require medical workers to follow 5144, Respiratory Protection. In 2005, Government Code Section was added to require all supervisors to attend a 2- hour course in Sexual Harassment every other year. That same year, CCR Title 8 Section 3395 was added to require training on heat illness prevention, and requiring employers to provide water and in some cases, shade. In 2005, the Federal Government, through the Department of Homeland Security, began mandating training in NIMS (National Incident Management System) and working towards a National Credentialing Policy. Training Mandates Study for the California Fire Service Page 6

7 Elements of Training Mandates There is no specific definition of a training mandate, although codes and regulations that include training as an employer-required activity contain some or all of the following elements: 1. What the employer is required to do. However, the degree of specificity contained within code language varies widely. For example, Title 8 of the California Code of Regulations, Section 3401(b)(5) which covers protective clothing and equipment for firefighters states that firefighters... shall be trained in the appropriate techniques and provided with the necessary protective equipment (8 CCR, 3401(b)(5)). A section on fork lift operations states The employer shall ensure that each operator is competent... as demonstrated by the successful completion of training and evaluation (8 CCR, 3668(a)(1)). The Government Code section on sexual harassment requires California to develop an information sheet on sexual harassment, and states, Each employer shall distribute this information sheet to its employees or an equivalent document (GC 12950(b)); a 2005 revision requires all supervisors to attend a 2-hour training course every two years.. 2. Specific elements of the training. However, the degree of specificity identifying training elements also varies widely. For example, the code section on respiratory protection identifies specific elements in which employees must be trained. The code section that describes the required course content for EMT training is 16 pages long. At the other extreme, the code section that covers private fire brigades simply states training must be commensurate with duties. 3. Hours of instruction versus competencies. Most codes are competency-based, meaning that the instruction is to cover certain topics and the student must demonstrate a certain level of skill to complete the training. A few codes give specific numbers of hours of training (EMT is 114 hours, Haz Mat First Responder is 8 hours). However, codes that identify specific training hours also those list competencies that must be covered in the training. 4. Refresher training requirements. Some codes require that employees receive training annually. Others require re-training whenever new substances, processes, procedures, or equipment are introduced to the workplace and represent a new hazard (8 CCR, 3203(a)(7)(D)). Some codes have no requirement for re-training or re-certification. 5. Instructor requirements. Not every code addresses instructor requirements. A few codes have very specific and detailed descriptions of instructor competencies (particularly highly technical ones like hazardous materials and EMT). Some simply say the instructor must be knowledgeable. When considering mandatory training, other issues besides Cal OSHA regulations must be included. The referencing of recognized national standards by Cal OSHA highlights the need to deliver training that meets those standards. The California State Fire Marshal s office develops state certified training standards that meet or exceed national standards. Other national standards exist, primarily voluntary ones adopted by the National Fire Protection Association (NFPA). Those are not fully covered by state standards, and need to be addressed by departments in developing future training plans. To be able to develop a comprehensive training program that includes all mandated training, a department will need legal interpretations of some regulations. Department leadership and/or elected officials will have to make policy decisions such as how much credence to give the Insurance Services Office (ISO) rating system, whether NFPA standards are really voluntary, and whether to require training before promotion to a new rank. As training plans are developed and resources needed for implementation are identified, difficult fiscal and policy decisions will need to be addressed. Training Mandates Study for the California Fire Service Page 7

8 Training Records and Cal OSHA In the event of a complaint, an on-the-job serious injury, or an on-the-job fatality, Cal OSHA may conduct an inspection of your workplace. One of the areas they always look into is the training that was required in the area of operations covered by the Cal OSHA rule that allegedly was violated and resulted in the complaint or injury. Failure to keep adequate records can in itself result in serious penalties. The maintenance of training records will not exonerate anyone of liability for gross negligence. However, the existence of complete training records may reduce the liability of an employer by showing that the individual(s) involved did receive training in how to perform the job safely. When Cal OSHA looks a training records, here s what they are looking for: 1. Course content (curriculum, syllabus, lesson plan, course outline) a. Whether specific content required by regulation was covered b. Any manufacturer s recommendations (as applicable) c. Any manufacturer s operations/service/maintenance manuals (as applicable) 2. Date of the training 3. Hours of training 4. Instructor (and possibly proof of certification in that area) / OR other method of training delivery (video, online, etc.) 5. Proof of attendance 6. Demonstration that learning took place (evaluation, quiz, test) In addition, investigators will question employees about their training and about other Cal OSHArequired training, such as the IIPP. Employees will probably also be asked specific questions about the task that is covered by a Cal OSHA regulation, such as how often they perform the task. There are a number of very good software programs that allow computerized record keeping of fire department training, with the ability to search, sort, and print specific records. There are also some interesting strategies that fire departments are employing to reduce the bulk of record keeping, including pre-test/post-test, issuance of certificates of completion, training sign off books, online training programs, and online testing. In the final analysis, the focus on maintaining accurate training records, while important, is less critical than delivering effective training and evaluation that keeps your employees safe. Training Mandates Study for the California Fire Service Page 8

9 The General Duty Clause and the General Industry Safety Orders Every employer shall furnish employment and a place of employment that is safe and healthful for the employees therein. (California Labor Code 6400) Every employer shall establish, implement, and maintain an effective injury prevention program (which) shall include... an occupational health and safety training program designed to instruct employees in general safe and healthy work practices and to provide specific instruction with respect to hazards specific to each employee s job assignment. (California Labor Code (a)(4)) This section, commonly referred to as the General Duty Clause, underlies all OSHA regulations. This section is interpreted by Cal OSHA regulators to mean that an employee requires training for any required job or task that has a potential safety risk or hazard. The nature of fire department emergency operations is such that all aspects of the job have risks and hazards. This clearly indicates that a department has a responsibility to provide training in all aspects of emergency operations, whether or not the training is addressed by a specific regulation. The California Code of Regulations, Title 8 (Industrial Relations), Division 1 (Department of Industrial Relations), Chapter 4 (Division of Industrial Safety) contains Subchapter 7, General Industry Safety Orders. SB 198 modified these, updating 3203 to require every employer to establish, implement and maintain an effective Illness and Injury Prevention Program (IIPP). The IIPP has to include: Identification of the person with authority and responsibility for implementing the program; A system for ensuring that employees comply with safe and healthy work practices; A system for communicating with employees... on matters relating to occupational safety and health; Procedures for identifying and evaluating work place hazards; A procedure to investigate occupational injury or illness; Procedures for correcting unsafe or unhealthy conditions; and Training and instruction. The subsection on training requires that the employer provide training and instruction: (A) When the program is first established; (B) To all new employees; (C) To all employees given new job assignments for which training has not previously been received; (D) Whenever new substances, processes, procedures or equipment are introduced to the workplace and represent a new hazard; (E) Whenever the employer is made aware of a new or previously unrecognized hazard; and, (F) For supervisors to familiarize themselves with the safety and health hazards to which employees under their immediate direction and control may be exposed. Considering the all-encompassing scope of these requirements for training, it is not difficult to reach the conclusion that a fire department has a great responsibility for training and re-training all personnel on just about everything relating to the fire service. Training Mandates Study for the California Fire Service Page 9

10 Impact of AB 1127, Employee Safety: Violations AB 1127 went into law in January It amended numerous sections of the California Labor Code. Among other things, it: Eliminated restrictions against using Cal OSHA regulations in a personal injury or wrongful death action ( ); Expanded the range of individuals who could initiate a Cal OSHA investigation to include attorneys, health and safety professionals, and union representatives ( 6309); Increased criminal penalties and fines and allows civil penalties in certain instances of violations ( 6423, 6425, 6428, 6429); Repealed the prohibition of civil penalties from being assessed against employers that are governmental agencies; Reaffirmed Cal OSHA s responsibility to adopt ergonomics standards ( 6719); and Eliminated some previous state reimbursements for costs mandated by the state. At present, there is debate state-wide over interpretation of this new language in the Labor Code. The main issue for a jurisdiction is the repeal of prohibitions from assessment of civil penalties, which means they could get sued for things for which it was previously immune. Additionally, individual civil and criminal penalties have been increased from misdemeanors to fines (up to $2.5 million) and prison time (up to three years). These civil and criminal penalties apply to any employer and any employee having direction, management, control, or custody of any employment, place of employment, or of any other employee, and does not identify any immunity for governmental agencies or their employees. Many jurisdictions are interpreting this to mean anyone in the chain-of-command above an employee who gets injured or killed on the job. Impact of SB 1207, Occupational Safety and Health: Volunteer Firefighters SB 1207 went into law in January It amended twp sections of the California Labor Code. The primary outcome of this law is that Volunteer Firefighters are considered employees under the Labor Code, as it relates to OSHA requirements. In July 2003, the State announced its intention to enforce the new law. The National Volunteer Fire Council has information on its website relating to federal OSHA rules and their applicability (or lack thereof) to volunteer firefighters in non-osha states. Federal Employees and Federal Property According to an interpretation from Cal OSHA s Consultation Division, Federal Firefighters working on federal property are NOT covered by Cal OSHA regulations, but by federal OSHA standards. Federal property includes military bases, national parks and forests, post offices, and federal prisons. If a violation or injury occurs to an outside contractor working on federal property, federal OSHA would be the lead investigator, but Cal OSHA would assist with the investigation. In rare instances, there may be concurrent jurisdiction. Non-federal firefighters injured while fighting fire on federal land would likely be investigated by both agencies, but generally Cal OSHA standards would apply to California firefighters. Training Mandates Study for the California Fire Service Page 10

11 Impact of the California Incident Command Certification System (CICCS) In the absence of specific regulations regarding training standards, Cal OSHA investigators rely on recognized national standards in deciding whether an employer provided appropriate training. In California, that could mean referencing any number of state or national standards, including: California State Fire Marshal (CSFM) certifications (including Firefighter, Apparatus Driver/Operator, Officer, and Chief Officer); California Fire Service Training and Education Program (FSTEP) classes (including Fire Control and Rescue Systems); FIRESCOPE Incident Command System position descriptions; National Wildfire Coordinating Group (NWCG) certification system; National Fire Protection Association (NFPA) Standards; and Other recognized standards (National Fire Academy, National Registry EMT, National Association of Professional Drivers, Maryland Fire and Rescue Institute, International Society of Fire Service Instructors). Over the past two years, the California fire service has been debating implementation of the CICCS. This was recently adopted by OES. On its face, CICCS requires implementation of a certification and qualifications ( certs and quals ) training system for ICS positions for personnel involved in state mutual aid response operations. There are several dozen positions which have certs and quals identified, for ranks from firefighter up through Incident Commander. Certification refers to completion of a certified class, such as ICS I-300, Intermediate Incident Command. Qualification refers to completion of a task book for that position, as a trainee at an incident (or incidents, as needed) under the supervision of a previously qualified individual. While CICCS mirrors the NWCG red card system used by the United State Forest Service (USFS), it has some local differences. Every fire department in the state is party to the statewide mutual aid agreement, requiring assignment of resources when requested under specific circumstances. Fire departments regularly send companies and personnel to large fires throughout the state. For local agencies, the first question is whether to train only certain personnel and require that only they can participate in mutual aid responses, or to train everyone in the organization, which would be more time consuming and expensive. The second question is whether this would apply only to state mutual aid responses (out-of-county), or also to local mutual aid responses (in-county). The third question is whether Cal OSHA might reference CICCS in enforcement proceedings against a department if someone were injured, effectively giving the system the weight of a mandate. Impact of the National Incident Management System (NIMS) After the terrorist attack of September 11, 2001, the federal government created the Department of Homeland Security (DHS), which absorbed FEMA, including the USFA. In 2005, DHS required every emergency response agency nationally to institute NIMS. The immediate impact has been that nearly every government employee in the country has been required to complete several on-line courses related to Incident Management. California was the model for NIMS, which is based largely on SEMS. NIMS also requires Fire Departments to utilize the Incident Command System (ICS), but the NWCG version rather than the FIRESCOPE version. It is expected that the continuing rollout of this program will relate to national incidents, or possibly incidents requiring federal resources or federal reimbursement. Training Mandates Study for the California Fire Service Page 11

12 Conclusion Fire Department personnel deserve professional, state-of-the-art training in all aspects of their jobs. Specific state and federal regulations mandate some of this training, although the General Duty Clause is the basis that seems to require the most required training. There are state and national training standards for most job functions. Fire Department emergency operations are inherently dangerous. Risk management principles require focusing solid, realistic, ongoing, and verifiable training on such high risk / low frequency events. 1 Training in Fire Departments needs to focus on training personnel for maximum safety and effectiveness in emergency operations. Finally, all firefighters have an obligation to uphold the public trust in their Fire Department by efficient and effective service delivery. Developing professional firefighters and officers requires professional training delivery, and jurisdictions have a legal obligation to provide that training to its firefighters. Contact Information Dave Schoonover, Deputy Chief Fire Prevention Bureau 200 East San Carlos Street, T-267 San Jose, CA (408) [email protected] 1 From Gordon Graham s Principles of Risk Management, by Graham Research Consultants. Contact Mr. Graham at [email protected], or go the website at Training Mandates Study for the California Fire Service Page 12

13 Acknowledgements, Recognition, and Thanks This project was hardly an original idea, and it is important to recognize those individuals who pioneered this approach to fire training. It should also be noted that in the true spirit of the fire service, everyone involved shared freely. For this document, hundreds of hours of research went into study of California Codes; most of the relevant codes have been included in the CD-ROM version of this study. In the Appendices is a page giving the links to various websites accessible to anyone to view the exact language. The genesis of this project was in hearing a presentation on a study done by Chief Mike Ridley of the Elk Grove Fire Department and Chief Jim Eastman of the Sac-Metro Fire Department. Beginning in 1992, Ridley and Eastman handed out numerous copies of their work, and lectured on it annually at the Fire Instructor s Workshop. Another landmark study was done by Chief Allan Young, Sacramento City FD, for the North Lake Tahoe FPD. The origin of this particular study was one done by the San Jose Fire Department at the direction of (then) Deputy Chief Gerald Kohlmann, and utilized consultation and research work by Jim Hunt (of Jim Hunt Associates, Solvang). The SJFD study was done between 1999 and In researching, reviewing, and revising this document, major assistance was received from Tabitha Benner, Rob Piper, Mike Dowdle, Art Cota (former California State Fire Training Director), and the Santa Clara County Fire Training Officers (especially Ken Waldvogel, Judy Jewell, and Steve Hawkes). Additional assistance and comments were provided by a number of individuals and entities, including: Anaheim Fire Department and Training Center Arlington (Texas) FD; Training Chief Bob Bennett California Department of Forestry and Fire Prevention (CDF) Fire Academy; Keith Larkin California Fire Chiefs Association (CFCA) California Office of Emergency Services (OES); Fire and Rescue Division California Specialized Training Institute (CSTI) California State Association of Fire Educators California State Environmental Protection Agency California State Fire Academy; Asilomar California State Fire Fighters Association (CSFA) California State Fire Marshal (CSFM); Pyrotechnics Unit California State OSHA (CalOSHA) Coleman, Ron; Former California State Fire Marshal Federal Emergency Management Agency (FEMA) Graham, Gordon; Graham Research Consultants Huntington Beach Fire Department and Training Center International Association of Fire Chiefs (IAFC) International Association of Firefighters (IAFF) International Fire Service Accreditation Congress (IFSAC) International Society of Fire Service Instructors (ISFSI) Kelly, Frank H. Training Mandates Study for the California Fire Service Page 13

14 Kern County Fire Department and Training Center Kinley, Scott; Lodi Fire Department League of California Cities Los Angeles City Fire Department; Training Division Los Angeles County Fire Department; Training Division National Fire Academy (NFA), Wayne Powell National Fire Academy, Training Resources and Data Exchange (TRADE) Program National Fire Protection Association (NFPA) National Institute of Occupational Safety and Health (NIOSH) National Institute of Standards and Technology National Interagency Fire Center (NIFC) Pasadena Fire Department, Captain Bob Crain Phoenix (Arizona) Fire Department, Training Division San Jose Fire Department, Bureau of Education and Training U.S. Department of Transportation (DOT) U.S. Fire Administration (USFA) U.S. Occupational Safety and Health Administration (OSHA) Western Fire Chiefs Association (WFCA) Training Mandates Study for the California Fire Service Page 14

15 Training Mandates Study for the California Fire Service Summary of Training Requirements INITIAL or ENTRY LEVEL TRAINING Required for ALL Employees Illness and Injury Prevention Program (IIPP) 8 CCR 3203 Emergency Action Plan (Evacuation Plan) 8 CCR 3220 Fire Prevention Plan 8 CCR 3221 Fire Extinguishers 8 CCR 6151 Heat Illness Prevention 8 CCR 3395 Sexual Harassment Govt. Code Hazard Communications 8 CCR 5194 Ergonomics 8 CCR 5110 NIMS (National Incident Management System) DHS Federal Requirement Work place violence only a proposed rule at present INITIAL or ENTRY LEVEL TRAINING Required for ALL Emergency Response Personnel AND Certain OTHER Employees (by function) Sexual Harassment (Supervisors) Govt. Code Personal Protective Devices (PPE) (for other than Firefighters) 8 CCR Heat Illness Prevention 8 CCR 3395 Hearing Protection 8 CCR Respiratory Protection 8 CCR 5144(k) Standardized Emergency Management System (SEMS) 19 CCR 2428 Medical Records Privacy HIPAA Federal Law Training Mandates Study for the California Fire Service Page 15

16 INITIAL or ENTRY LEVEL TRAINING Required for ALL Firefighters / Emergency Response Personnel First Aid, plus Child Abuse, Elder Abuse, and SIDS 22 CCR , et.al. Cardio-Pulmonary Resuscitation (CPR) Health & Safety Defibrillator Use (if an Authorized AED Provider) 22 CCR Bloodborne Pathogens 8 CCR 5193(g)(2) Personal Protective Equipment (PPE) for Firefighters 8 CCR Hazardous Materials, First Responder Operations 8 CCR 5192(q)(6) Incident Command System (ICS) 19 CCR ICS Position Training (CICCS) Electrical Safety (Lock Out / Tag Out) 8 CCR Two In / Two Out Rule 8 CCR 5144(g) INITIAL or ENTRY LEVEL TRAINING, plus CERTIFICATION and/or LICENSURE Required for Personnel Performing Specific Functions Driver Licensing (Classes) Vehicle Code Driver License (Endorsements) Vehicle Code Driver License (Restrictions) Vehicle Code Emergency Medical Technician (includes CPR and AED) 22 CCR Paramedicine 22 CCR Hazardous Materials Technician, Specialist, Incident Commander 8 CCR 5192(q)(6) ICS Positions (CICCS) Aircraft Rescue and Fire Fighting (ARFF) Firefighters Federal 14 CFR Confined Space Operations 8 CCR Trench Operations 8 CCR Arrest Procedures (and Firearms) for Peace Officers Penal Code 832 Lifeguards Under Research Pilots Federal 14 CFR 91 Helicopter Pilots Federal 14 CFR 91 Air Ambulance Providers 22 CCR Bulldozer Operators (CVC Special Construction Equipment) Fireboat Operators (Coast Guard Pilot s License) Under Research Under Research Fork Lift Operations 8 CCR 3668 Crane Operations 8 CCR Power Tool Operations 8 CCR Personnel of Departments in a Nuclear Emergency Planning Zone Health & Safety Code Training Mandates Study for the California Fire Service Page 16

17 REFRESHER TRAINING Required Annually or Semi-Annually (some by Function only) Sexual Harassment (Supervisors) (Every 2 years) Govt. Code EMT Continuing Education (24 hours / 2 years) (Test on Skills Only) 22 CCR Paramedic Continuing Education (48 hours / 2 years) 8 CCR CPR (every 2 years) Health & Safety Defibrillators (quarterly checks) Health & Safety (Local EMS Agency Requirements) Optional EMS Skills Health & Safety Bloodborne Pathogens (Annual Refresher) 8 CCR 5193(g)(2) Haz Mat FRO (Annual Refresher) 8 CCR 5192(q)(8) Haz Mat Tech and Spec (Annual Refresher) 8 CCR 5192(q)(8) Haz Mat Incident Commander (Annual Refresher) 8 CCR 5192(q)(8) Respiratory Protection (Annual Refresher) 8 CCR 5144(k) Hearing (Annual Training) 8 CCR Firearms (Annual Qualification) for Peace Officers Penal Code 832 Confined Space (Annual Drill Required) 8 CCR 5157 ARFF (Annual Live Fire Training Required) 14 CFR AED ( Retraining Required MINIMUM of Every Three Years) 8 CCR AED (Requires Regular Competency Exams) 8 CCR Fork Lift (Required every 3 years, AND under certain conditions) 8 CCR 3668 REFRESHER TRAINING Required ONLY Under Certain Conditions Hazard Communication ( Whenever new hazardous substances are introduced ) IIPP (Whenever a new hazard is identified, or new procedures begun) Hearing (When new equipment is issued OR employee suffers a hearing shift ) Ergonomics (Based on a certain number of new Repetitive Motion Injuries) 8 CCR CCR CCR CCR 5110 Training Mandates Study for the California Fire Service Page 17

18 Summary of Other Requirements OPERATIONAL REQUIREMENTS Identified in Codes Two-In, Two-Out, when operating in IDLH atmospheres (unless there is a known rescue). 8 CCR 5144(g)(4) Respiratory Protection Lock Out, Tag Out when working on energized electrical equipment. 8 CCR Things you are required to do when conducting Hazardous Materials Operations. 8 CCR 5192(q)(3) HAZWOPER Operations in Permit-Required Confined Spaces 8 CCR 5157 Operations in Trenches ( Excavations ) 8 CCR 1540 Requirements for handling Contaminated Sharps. 8 CCR 5193(d)(3) Use the Incident Command System 19 CCR 2405 Managing EMS Contaminated BioWaste. H&S CCR 5193(d)(3)(E) Pickup, Disposal, and Storage of Hazardous Materials 8 CCR 5192(p) WRITTEN PLANS AND PROGRAMS Required by Codes Hazardous Materials Emergency Response Plan PPE: Written Plan covering safe use, maintenance, utilization, and replacement of equipment required. Respiratory Equipment: Written Standard Operating Procedures for use, care, maintenance, and training on Respiratory Equipment. Respiratory Protection: Written Respiratory Protection Program with required worksite specific procedures Bloodborne Pathogens: Exposure Control Plan Sharps: Injury Log Written Hazard Communication Program 8 CCR 5192(q)(1-3) 8 CCR 3401(b)(6) 8 CCR 3409(b)(1) 8 CCR 5144(c, g) 8 CCR 5193(c)(1) 8 CCR 5193(c)(2) 8 CCR 5194(e) Illness and Injury Prevention Program 8 CCR 3203 Emergency Action Plan 8 CCR 3220 Fire Prevention Plan 8 CCR 3221 Ergonomics: Establish and implement a program designed to minimize RMIs. 8 CCR 5110(b) Training Mandates Study for the California Fire Service Page 18

19 EQUIPMENT the Employer is Required to Provide Personal Safety Devices and Safeguards (for non-firefighters) Head Protection Eye and Face Protection Body Protection Hand Protection Foot Protection Personal Protective Clothing and Equipment for Firefighters Personal Alarms Head Protection Eye and Face Protection Ear and Neck Protection Body Protection Hand and Wrist Protection Foot Protection Respiratory Protection Wildland PPE Head, Eye, Ear and Neck, Body, Hand and Wrist, Foot Protection Fire Shelters PPE for Private Fire Brigades Personal Protective Equipment Respiratory Protection 8 CCR CCR CCR CCR 3411 Hearing Protectors 8 CCR 5098 Respirators IDLH Atmospheres Particulates in non_idlh Atmosphere Employer also has clean, disinfect, store, inspect, and repair. Breathing Air Extensive regulations regarding the quality of breathing air. Equipment to conduct Confined Space Operations Testing and Monitoring Ventilating Equip. Communications PPE Lighting Barriers and Shields Ingress and egress equipment Rescue and emergency equipment Personal protective equipment to protect against Bloodborne Pathogen exposures. (May include Gloves, Gowns, Lab Coats, Faceshields or Masks and Eye Protection, Mouthpieces, Resuscitator Bags, Pocket Masks, etc.) 8 CCR CCR 5144(i) 8 CCR 5157(d)(4) 8 CCR 5193(d)(4) Training Mandates Study for the California Fire Service Page 19

20 MEDICAL EXAMINATIONS Required by Codes Hearing Conservation: Audiometric Testing Program Respiratory Protection: Medical Evaluation of employees (includes Spirometry) Respiratory Protection: Annual Fit Test Hazardous Materials Baseline Physical for Haz Mat Team Members Hazardous Materials Medical Surveillance following exposure Hazardous Materials Consultation if employees show signs and symptoms. Bloodborne Pathogens: Annual TB Test Bloodborne Pathogens: Post Exposure Medical Evaluation and follow up, including prophylaxis. NOTE: Employers are required to make results of medical examinations and tests available to employees. 8 CCR 5097(c) 8 CCR 5144(e) 8 CCR 5144(f) 8 CCR 5192(q)(9)(A) (following 5192(f) procedure) 8 CCR 5192(q)(9)(A) (following 5192(f) procedure) 8 CCR 5192(q)(9)(A) (following 5192(f) procedure) 8 CCR 5193(f)(3) 8 CCR 5193(f)(3) 8 CCR 3204 MISCELLANEOUS FUNCTIONAL REQUIREMENTS for EMPLOYERS Required by Codes Post OSHA Regulations 8 CCR 3203, et.al. Provide Water and Shade 8 CCR 3395 Identify and Label Confined Spaces, and Prevent Unauthorized Entry 8 CCR 5157 Provide Handwashing Facilities and Aseptic Hand Cleaners 8 CCR 5193 Make Hepatitis B Vaccinations Available 8 CCR 5193 Clean Contaminated Laundry 8 CCR 5193 Label Bio and Medical Hazardous Waste Storage and Locations 8 CCR 5193 Provide Information on New Hazardous Substances in the Workplace 8 CCR 5194 Have an MSDS for each Hazardous Substance; Provide Information on Hazardous Substances in the Workplace 8 CCR 5194 Provide Fire Extinguishers 8 CCR 6151 Report Serious Industrial Exposures and Injuries to OSHA Labor Code Report Industrial Exposures and Injuries to Victims We Treat Labor Code Conduct a Background Check on Peace Officers Govt Code Color Code Hydrants and Provide Uniform Hydrant Coupling Sizes Govt Code Training Mandates Study for the California Fire Service Page 20

21 MISCELLANEOUS REQUIREMENTS for TRAINING and TRAINERS Required by Codes Prevent Hazing of Students Education Code Do Not Discriminate Against Students (selection, etc.) Govt. Code Maintain Training Records 8 CCR 3203(b)(2) Labor Code (d) Provide Access to Training Records to Employees 8 CCR 3204 Ensure Instructor Qualifications (or Certification in some cases) Numerous Codes Provide Additional Training for Personnel Identified as Peace Officers Penal Code (see POST requirement Appendix) Training Mandates Study for the California Fire Service Page 21

22 Training Mandates Study for the California Fire Service Summary of Mandates The following is a summary of laws and regulations that require training of fire department sworn personnel. This is not a complete list of all regulations affecting fire department operations, and even identified mandates can change from day to day. Many of these mandates are not specific to fire departments, but apply to any employer who has employees engaging in the specific activity; applicability to a fire department would depend on whether they conducted those types of operations. Following this section is a more complete table listing ALL identified code sections. (NOTE: Applicable Federal codes upon which the State codes are based are listed when available.) Mandate Code Section Description First Aid Training 22 CCR, Firefighters are required to complete a first aid course. EMT Training 22 CCR, Description of the course content of EMT-I training. EMT Curriculum includes ALL required EMS training. EMT Refresher Training 22 CCR, Requires 24 hours of CE every 2 years and testing every four years. Paramedic Training 22 CCR, Description of the course content of EMT-P (Paramedic) training. Paramedic Refresher Training 22 CCR, Requires 24 hours of CE every year. CPR H&S Code, CCR, Requires firefighters to be trained in CPR. Identifies CPR as part of EMT curriculum. CPR Refresher Training H&S Code, Requires all EMT-Is and EMT-Ps to renew their CPR certificate every two years. Defibrillators 22 CCR, CCR, CCR, H&S Code, Automatic Defibrillators (AEDs) Manual Defibrillators Defib training is included in EMT curriculum Requirements for any person who acquires an AED, including quarterly checks. Training Mandates Study for the California Fire Service Page 22

23 "Infrequently Used Skills" H&S Code, OPTIONAL County EMS Agency Requirement Other EMS Training (AIDS, SIDS, child and elder abuse, triage, vehicle extrication) 22 CCR, (Other sections) A local EMS Agency may require additional training Included as part of the EMT curriculum. NOTE: If not an EMT, other regulations require training in Child Abuse and SIDS. Heat Illness 8 CCR, 3395 Requires training for employees and supervisors in prevention of heat illness. Bloodborne Pathogens (29 CFR ) Airborne Pathogens (TB) (29 CFR ) Privacy of Medical Records (Federal Law) Hazard Communications (29 CFR ) Haz Mat First Responder, Operations Level (FRO) (29 CFR ) Haz Mat Technician Haz Mat Specialist (29 CFR ) 8 CCR, 5193 Requires initial and annual training for personnel who may be exposed to blood or other potentially infectious materials. 8 CCR, 5144 NOTE: A proposed separate standard was withdrawn; medical protection now falls under Respiratory Protection guidelines. Health Insurance Portability and Accountability Act (HIPAA) New federal law that will require training for all personnel who handle medical records. Training requirements yet to be determined. 8 CCR, 5194 Requires employee training on hazardous substances in workplace. Training updates required when new hazardous substances are brought into the workplace. 8 CCR, CCR, 2520 All sworn personnel require this training. Requires 8 hours of initial training, and annual refresher training. Defines the state certified curriculum for Haz Mat FRO; requires 16 hours initially. 8 CCR, 5192 Higher level of haz mat training, based on definitions of emergency ops responsibilities. Requires initial and annual training. As with FRO, there are other sections defining curriculum for state certification. Haz Mat Incident Commander 8 CCR, 5192 All Chief Officers require this course. Requires 24 hours of initial training. Weapons of Mass Destruction (WMD), Operations Level By Contract with Federal Government as part of a Metropolitan Medical Task Force (MMTF) Initial training is required for cities that participate in this program, which has several levels (Awareness, Ops, IC, Haz Mat Tech, Medic, and Hospital Provider). Requires regular drills. Training Mandates Study for the California Fire Service Page 23

24 PPE for Firefighters (29 CFR , , , ) Personal Protective Equipment (29 CFR , , , ) Hearing Conservation (29 CFR ) Respiratory Protection (29 CFR ) 8 CCR, Requires fire departments to provide PPE to all personnel, and train them how to use it. Follow-up training only when new equipment is introduced. 8 CCR, Requirements to provide Personal Protective Equipment and training for OTHER than Firefighters. 8 CCR, Requires fire departments to provide hearing protection to all personnel, and train them how to use it. Follow-up training only when new equipment is introduced, or someone has suffered a hearing shift. 8 CCR, 5144 Requires fire departments to provide respirators (SCBAs) to all personnel, and train them how to use them. Also requires annual fit-test, and annual medical evaluation. Annual refresher training is required. Two-In, Two-Out 8 CCR, 5144 Describes operational requirements for standby team outside when interior operations are conducted in an IDLH atmosphere. Standardized Emergency Management System (SEMS) Incident Command System (ICS) ICS Position Specialist Training California Incident Command Certification System (CICCS) Aircraft Rescue and Fire Fighting (ARFF) Confined Space Operations (29 CFR ) Trench Operations (29 CFR ) 19 CCR, Requires training in principles of emergency management for large-scale incidents. Requires fire departments to use ICS. Initial training must follow state curriculum. Recently adopted by OES. Requires training in ICS positions for personnel responding to mutual aid emergencies. Has historical recognition built in initially. Requires various levels of approval. 14 CFR, Requires training for airport firefighters and annual live fire training. (Federal Law) 8 CCR, 5157 Requires training for rescue team for entry into confined spaces. Not specifically required for a fire department, but is probably expected. 8 CCR, Identifies requirements for personnel who work in trenches. Does not specify fire departments, or identify any training. Training Mandates Study for the California Fire Service Page 24

25 Illness and Injury Prevention Program (IIPP) Sexual Harassment Training Govt. Code, CCR, 3203 Requires a Department safety program, including training. Very broad mandate, implies that training is required for all hazardous duties. Initial training on the IIPP is required, with updates whenever some new hazard is introduced to workplace. Govt. Code, Requires employer to provide information on sexual harassment. Requires supervisors to attend 2-hours of training every 2 years. Workplace Violence (proposed OSHA rule 3148) Unknown; under proposed rule, certain workers (including firefighters) would be required to receive training in workplace violence. Repetitive Motion Injuries (Ergonomics) (Federal Rule withdrawn) 8 CCR, 5110 Requires training program in certain circumstances where a number of RMIs have been documented. Primarily applies to clerical positions. Fire Extinguishers 8 CCR, 6151 Employer must provide fire extinguishers and train certain employees. Emergency Action Plan Fire Prevention Plan Electrical Safety (Lock-Out, Tag-Out) (29 CFR ) Fork Lift Training (29 CFR ) Crane Operations (29 CFR , ) Power Tools (29 CFR ; ) Peace Officer Training (Arrest Procedures and Firearms) 8 CCR, CCR, 3221 Employer must train employees on emergency action plan and fire prevention plan. 8 CCR, Requires instruction on work techniques and hazards before working on energized electrical equipment. Not specific to fire departments. 8 CCR, 3668 No one is allowed to drive a fork lift until certified through training. Only required if you have a fork lift at the workplace. 8 CCR, Requires personnel operating cranes to be trained. Only required if your personnel use a crane. 8 CCR, 4184 et.al. Several sections identifying specific power tools (such as drill presses) requiring safety guards and training. Only required if your personnel use those types of power tools. Penal Code, 832 Driver Licensing Vehicle Code, Vehicle Code, Vehicle Code, Personnel (such as Arson Investigators) require this class to qualify for position, if required by their jurisdiction to make arrests and carry firearms. Requires annual qualification in firearms. Personnel who drive fire apparatus weighing more than 26,000 pounds require a Commercial Driver s License (Class B); with certain endorsements (tank, possibly haz mat); with no air brake restrictions. Restrictions for transmissions depending on testing. Training Mandates Study for the California Fire Service Page 25

26 Bulldozer Operator (Under Research) Considered Special Construction Equipment by DMV. No Driver s License required (not driveable on the street). Lifeguards (Under Research) Pilot s License 14 CFR 61 (Federal) Requires a pilot s license. Helicopter Pilot s License 14 CFR 61 (Federal) Requires a helicopter pilot s license. Air Ambulance Providers 22 CCR, Equipment and personnel requirements for Pre- Hospital EMS Air Transport. Fireboat Operator s License (Under Research) (Under Research) Nuclear Power Plant Response H&S Code, Requires a local planning commission in defined areas near a nuclear power plant. Part of responsibility is to assist in delivering emergency response training to local fire departments. Supervisor Training Govt. Code, Requires all state employees promoted to supervisor to receive a two-week class. Following this section is a more complete listing of all code sections identified by this study. Training Mandates Study for the California Fire Service Page 26

27 Emergency Medical Services Emergency Medical Services (EMT-I) Code(s) and References Description EMT-I (Emergency Medical Technician) 22 CCR, Fire departments that require personnel to be EMTs must ensure their personnel receive training that complies with this curriculum. Initial Hours Annual Hours every 2 years First Aid (ONLY required if not EMT Certified) 22 CCR, A course in First Aid is required for firefighters if they are not EMTs. (All First Aid curriculum is included in the EMT curriculum.) (15) (12 every 3 years) H&S Code, Requires firefighters be trained in first aid and CPR. H&S Code, Requires peace officers be trained in first aid and CPR AIDS H&S Code, (EMSA shall consider including training on AIDS in its curriculum.) Ambulance Transport 22 CCR, (p) (included in EMT curriculum) included (Ambulance Operators) H&S Code, Requires that ambulance operators are competent to care for sick or injured persons. Child Abuse 22 CCR, (l)(2)(F) (included in EMT curriculum) included Penal Code, (c) Training in the (child abuse reporting) duties imposed by this article shall include training in child abuse identification and training in child abuse reporting. Penal Code, (a) Requires (a mandated reporter), prior to commencing employment, and as a prerequisite to that employment, to sign a statement to the effect that he or she has knowledge of the child abuse reporting laws and will comply with those laws. Training Mandates Study for the California Fire Service Page 27

28 Elder Abuse 22 CCR, (a)(3)(H) (included in EMT curriculum) included Heat Illness 8 CCR, 3395 Requires all employees and supervisors to be trained. SIDS (Sudden Infant Death Syndrome) 22 CCR, (l)(2)(C) (included in EMT curriculum) included H&S Code, Requires all firefighters to complete a course in SIDS. H&S Code, (b) Any course leading to certification as EMT-I or EMT- P must include training in SIDS. Triage 22 CCR, (n) (included in EMT curriculum) included Vehicle Extrication 22 CCR, (n) (included in EMT curriculum) included Defibrillators 22 CCR, (f)(2)(G) (included in EMT curriculum) included 22 CCR, Public Safety personnel (First Aid level) may provide AED service if the Department is an AED Provider. (4) Continued comp. H&S Code, Lists requirements for any person who acquires an AED, including training and maintenance checks. 22 CCR, (a)(1) A Fire Department which provides a manual defibrillator must ensure that EMTs receive this training. (10) Quarterly skills eval CPR (Cardio-Pulmonary Resuscitation) 22 CCR, (f)(3) (included in EMT curriculum) included 22 CCR, All firefighters who are not EMTs must complete a certified course in CPR. (6) 4 every 2 years H&S Code, Requires EMTs and Paramedics to re-certify in CPR every two years. Every other year Bloodborne Pathogens (Training) 8 CCR, 5193 (8 CCR, 5193(g)(2)) Employers must comply with all requirements of this section for personnel who may be exposed to blood or other potentially infectious materials. Initial Content based. Annual and as needed Training Mandates Study for the California Fire Service Page 28

29 Airborne Pathogens (TB) 8 CCR, 5144 Medical precautions against tuberculosis are now included in the Respiratory Protection section. Seldom-Used Skills H&S Code, A Local EMS agency may require additional training... included Twice per year Privacy of Medical Records Health Insurance Portability and Accountability Act (HIPAA) Requires training for all personnel who handle medical records. unknown unknown REFERENCE ONLY: Emergency Medical Services Authority (EMSA) H&S Code, Establishes the State EMSA; gives it the authority to develop standards for EMS training. Training Mandates Study for the California Fire Service Page 29

30 EMS Paramedics EMS Paramedics (EMT-P) Code(s) and References Description EMT-P (Paramedic) 22 CCR, plus Fire departments that require personnel to be Paramedics must ensure their personnel receive training that complies with this curriculum. Initial Hours Annual Hours???? C.E. listed below Advanced Cardiac Life Support (ACLS) Pediatric Advanced Life Support (PALS) Pre-Hospital Trauma Life Support (PHTLS) Additional C.E. (Continuing Education) Local County EMS Agency Requirement Local County EMS Agency Requirement Local County EMS Agency Requirement Local County EMS Agency Requirement (required for Paramedic licensure) 16 8 every 2 years (required for Paramedic licensure) 16 8 every 2 years (required for Paramedic licensure) every 3 years (required for Paramedic licensure) 24 every 2 years Infrequently-Used Skills OPTIONAL Local County EMS Agency Requirement Requires Pre-hospital EMS personnel to complete additional annual CE in skills not regularly used. Twice annually Weapons of Mass Destruction (WMD), Medic Level Large Cities Have Contracts with Federal Government as Metropolitan Medical Task Force (MMTF) Requires training for Paramedics in specialized diagnosis and treatment for WMD incidents involving Nuclear, Biological, or Chemical (NBC) weapons. 8 Training Mandates Study for the California Fire Service Page 30

31 Hazardous Materials Hazardous Materials Code(s) and References Description Hazard Communications 8 CCR, 5194 Requires employers to provide information to employees about hazardous substances to which they may be exposed. Initial Hours Initial Content based Annual Hours Receipt of new MSDS Haz Mat First Responder Awareness Level (FRA) 8 CCR, 5192(q) (HAZWOPER) Covers individuals likely to witness a hazardous substance release and conduct an evacuation. Sufficient compbased Maintain Comp. 19 CCR, 2520(a) Defines the State Certified Curriculum for FRA (4) None Haz Mat First Responder Operational (FRO) 8 CCR, 5192(q)(6)(B) Covers individuals who respond to releases or potential releases of hazardous substances to protect nearby persons, property, or the environment. 8 Maintain Comp. 19 CCR, 2520(b) Defines the State Certified Curriculum for FRO (16, or FRA +12) Haz Mat Technician 8 CCR, 5192(q)(6)(C) Covers individuals who respond to releases or potential releases of hazardous substances to stop the release. 24 Maintain Comp. Haz Mat Tech/Spec 1A Haz Mat Tech/Spec 1B 19 CCR, 2520(k) 19 CCR, 2520(l) Defines the State Certified Curriculum for the Technician/Specialist series (1A through 1D). (160) Haz Mat Tech/Spec 1C 19 CCR, 2520(m) Haz Mat Tech/Spec 1D 19 CCR, 2520(n) Training Mandates Study for the California Fire Service Page 31

32 Haz Mat Specialist 8 CCR, 5192(q)(6)(D) Covers individuals who respond with Technicians, but who have more specific knowledge of the substances they may be called upon to contain. 24 equal to Tech, plus comp Maintain Comp. Haz Mat Specialist 1F Haz Mat Specialist 1G 19 CCR, 2520(p) 19 CCR, 2520(q) Defines the State Certified Curriculum for the Specialist series (1F through 1G). (80) Haz Mat Incident Commander (IC) 8 CCR, 5192(q)(6)(E) Incident commanders who will assume control of the incident beyond FRA level. 24 equal to FRO, plus comp Maintain Comp. 19 CCR, 2520(c) Defines the State Certified Curriculum for Haz Mat Emergency Response Incident Commander (32, or FRO + 24) Trainers 8 CCR, 5192(q)(6)(F) Trainers who teach these training subjects. Complete training course None Instructor Training 19 CCR, 2520(h) Defines the State Certified Curriculum for Haz Mat Emergency Response Instructor Certification Instructor Certification 19 CCR, 2530 Describes the process for becoming a State Certified Instructor. 32 plus comps Comps only None Weapons of Mass Destruction (WMD), Operations Level City Contract with Federal Government as Metropolitan Medical Task Force (MMTF) Requires training in Awareness, Operations, and Incident Command Levels 8 Annual drills Asbestos 8 CCR, 5208 Requires protections for workers exposed to asbestos above certain limits. Carcinogens 8 CCR, 5209 Requires protections for workers exposed to listed carcinogens above certain limits. Note: Title 8 CCR, 5192 conforms to the Federal OSHA requirements in 29 CFR Title 8 requirements identify the minimum amount of hours and training curriculum required for specified levels of response. The Title 19 requirements are for State Certification (not mandated). Training Mandates Study for the California Fire Service Page 32

33 Personal Protective Clothing and Equipment Personal Protective Equipment (PPE) Code(s) and References Description Article 10.1 Personal Protective Clothing and Equipment for Fire Fighters 8 CCR, A group of Orders with include Sections describing standards for PPE for firefighters. (Application of Section) 8 CCR, 3401(a) These Orders establish minimum requirements for personal protective clothing and equipment for fire fighters when exposed to the hazards of fire fighting activity, and take precedence over any other Safety Order with which they are inconsistent. Initial Hours Annual Hours Providing Equipment and Training on PPE 8 CCR, 3401(b)(5) Requires that firefighters are trained in appropriate techniques (of using special protective clothing and equipment) and provided with necessary protective equipment. Note 1 Personal Alarms 8 CCR, 3401(c) Requires that every firefighter be provided with a Personal Alarm Device. (Definition of Training) 8 CCR, 3402 The process of making proficient through instruction and hands-on practice in the operation of equipment, including respiratory protection equipment, that is expected to be used and in the performance of assigned duties. None None Head Protection 8 CCR, 3403 (Describes standards for fire fighting helmets.) Eye and Face Protection 8 CCR, 3404 (references 8 CCR, 3382) (Describes standards for helmet shields, flame resistant hoods, and high collars with throat strap.) Note 1: No hours of training listed. Training is defined as the process of making proficient through instruction and hands-on practice. Training Mandates Study for the California Fire Service Page 33

34 Ear and Neck Protection 8 CCR, 3405 (Describes requirements for protection against burns to ears and neck, and standards for materials. Describes helmet configuration, ear flap attachment to helmets, hoods, and high collars with throat strap.) Body Protection 8 CCR, 3406 (Describes standards for turnout clothing and requirement for wearing of turnouts.) Hand and Wrist Protection 8 CCR, 3407 (Describes standards for fire fighting gloves.) Foot Protection 8 CCR, 3408 (references 8 CCR, 3385) (Describes standards for foot wear for firefighting, including turnout boots and protective footwear other than turnout boots.) Respiratory Protection (including Self-Contained Breathing Apparatus, SCBA) 8 CCR, 3409 (references 8 CCR, 5144) (see below) (Describes standards for SCBAs and their use.) Wildland Fire Fighting Requirements 8 CCR, 3410(a) (Head protection for wildland fire fighting.) 8 CCR, 3410(b) (Eye protection for wildland fire fighting.) 8 CCR, 3410(c) (Ear and Neck protection for wildland fire fighting.) 8 CCR, 3410(d) (Body protection for wildland fire fighting.) 8 CCR, 3410(e) (Hand and Wrist protection for wildland fire fighting.) 8 CCR, 3410(f) (Foot protection for wildland fire fighting.) Wildland Fire Shelters 8 CCR, 3410(g) A fire shelter shall be provided and made immediately available for every fire fighter when engaged in fire fighting activities in wildlands and defined in these orders. (Describes standard.) Private Fire Brigades 8 CCR, 3411 Describes requirements for industrial fire departments and private or contractual type fire departments. Subsection (c) cover Training. Note 1 frequent Training Mandates Study for the California Fire Service Page 34

35 PPE for Bloodborne Pathogens 8CCR, 5193(d)(4) Requires employer to provide appropriate personal protective equipment to prevent blood or infectious contamination. Specifically states: For fire fighters, these requirements are in addition to those specified in Sections , and are intended to be consistent with those requirements. None Note 1: Training must be commensurate with duties. Training Mandates Study for the California Fire Service Page 35

36 Hearing Protection Article 105 Control of Noise Exposure 8 CCR, A group of Orders with include Sections describing hearing protection for workers. Hearing Conservation Program 8 CCR, 5097 Describes the requirements for a hearing conservation program for employees exposed to noise levels above those contained in referenced tables (8-hr TWA of 85 decibels). 8 CCR, 5097(d)(5)(A), (B) If an employee suffers hearing loss, then they must be fitted with hearing protectors and trained in their use. trained in use. If an employee already has hearing protectors, they must be refitted and retrained. Hearing Protectors 8 CCR, 5098 Requires employers to provide hearing protectors and training in their use, if employees are exposed to an 8- hr TWA of 85 decibels or greater. Training Program (Noise Exposure) 8 CCR, 5099 The employer shall institute a training program for all employees who are exposed to noise at or above a time-weighted average of 85 dba, and shall ensure employee participation in such program. Section goes on to describe the training requirements. Content based Repeat annually and update Training Mandates Study for the California Fire Service Page 36

37 Respiratory Protection Article 107 Dusts, Fumes, Mists, Vapors, and Gases 8 CCR, Article 107 sets up minimum standards for the prevention of harmful exposure of employees to dusts, fumes, mists, vapors, and gases. (Title 24, T8-5139) Respiratory Protection 8 CCR, 5144(c) Requires employers to establish and implement a respiratory protection program. Selection of Respirators 8 CCR, 5144(d) Describes how to select appropriate respirators, including SCBAs. Medical Evaluation 8 CCR, 5144(e) Describes annual medical evaluation. Initial Annual Fit Testing 8 CCR, 5144(f) Describes initial and annual facepiece fit-testing. Initial Annual Use of Respirators 8 CCR, 5144(g) Describes requirements for procedures of proper use of respirators. Two-In, Two-Out 8 CCR, 5144(g)(3 4) Describes requirements for IDLH atmospheres and interior firefighting; having two employees outside in contact with employees inside. Training 8 CCR, 5144(k) requires the employer to provide effective training to employees who are required to use respirators. None listed Note 1 Annual. Note 2 Note 1: Training must be comprehensive and understandable, including demonstrating knowledge of identified elements. Note 2: Training must recur annually, unless employee can demonstrate knowledge of those identified elements. Training Mandates Study for the California Fire Service Page 37

38 Personal Safety Devices and Safeguards (Non-Firefighting) Article 10 Personal Safety Devices and Safeguards 8 CCR, Relative to fire fighting operations, Sections take precedence over these sections; however, these sections would apply in non-fire fighting activities that require personal safety equipment (Note: there is no requirement in this section for the employer to provide the personal protective devices.) (Personal Protective Devices) 8 CCR, 3380(a) Protection... means the safeguarding obtained by means of safety devices and safeguards of the proper type for the exposure and of such design, strength and quality as to eliminate, preclude or mitigate the hazard. (Personal Protective Devices, Training) 8 CCR, 3380(c) The employer shall assure that the employee is instructed and uses protective equipment in accordance with the manufacturer s instructions. Content based None (Head Protection) 8 CCR, 3381 (Describes standards for equipment and circumstances where it is required.) (Eye and Face Protection) 8 CCR, 3382 (Describes standards for equipment and circumstances where it is required.) (Body Protection) 8 CCR, 3383 (Describes standards for equipment and circumstances where it is required.) (Hand Protection) 8 CCR, 3384 (Describes standards for equipment and circumstances where it is required.) (Foot Protection) 8 CCR, 3385 (Describes standards for equipment and circumstances where it is required.) Training Mandates Study for the California Fire Service Page 38

39 Emergency Operations Emergency Operations Code(s) and References Description Standardized Emergency Management System (SEMS) 19 CCR, Govt. Code, 8607 Requires training in SEMS principles of large-scale emergency management. Initial Hours Note 1 Annual Hours Incident Command System (ICS) 19 CCR, Govt. Code, 8607 Requires local agencies to use ICS for mutual aid emergencies. ICS Position Specialists California Incident Command Certification System (CICCS) Would require ICS position training for personnel involved in mutual aid responses. Unknown Unknown Aircraft Rescue and Fire Fighting (ARFF) 14 CFR, (j)(2-4) (Federal mandate only) Requires training for airport personnel, annual live fire training, and personnel trained in EMS. Content based Annual Permit-Required Confined Space Operations 8 CCR, 5157 An employer that has a permit-required confined space into which employees must enter, must develop procedures for rescuing entrants. (Note 2) Note 3 Other Confined Space Operations 8 CCR, 5158 An employer that has a confined space into which employees must enter, must develop procedures for rescuing entrants. Note 4 (Included References) 8 CCR, 3437 Agricultural Operations (including cotton gins) 8 CCR, 3460 Marine Terminal Operations 8 CCR, 8616 Telecommunications Manholes and Unvented Vaults 8 CCR, 5178 Grain Handling Facilities (silos) 49 CFR, Parts Natural Gas Utility Vaults 8 CCR, 2700 Electric Utility Vaults Training Mandates Study for the California Fire Service Page 39

40 Trench (Rescue) 8 CCR, Requires protection of workers in trenches, including shoring. Fire personnel who perform rescues of workers trapped in trench cave-ins must follow these same requirements. None listed Note 1: Appropriate level of training is determined by local agency. Personnel must demonstrate and maintain the appropriate performance objectives. Note 2: We believe there is an expectation on the part of the public that we are capable of rescuing individuals who are trapped in a confined space. Note 3: Training shall establish proficiency, and the employer shall certify that is has been accomplished. No annual training identified, but there is a list of indicators for when training shall be provided. Trained employees shall practice making permit space rescues at least once every 12 months. Note 4: Employees shall be trained in the operating and rescue procedures, including instructions as to the hazards they may encounter. Training Mandates Study for the California Fire Service Page 40

41 Miscellaneous Requirements Miscellaneous Requirements Code(s) and References Description Illness and Injury Prevention Program (IIPP) Initial Hours 8 CCR, 3203 Requirements documented in text above. Content based Annual Hours As needed Emergency Action Plan 8 CCR, 3220 Requires employers to develop an emergency action plan for the workplace. Fire Prevention Plan 8 CCR, 3221 Requires employers to develop a fire prevention plan for the workplace. Workplace Violence (proposed OSHA rule 3148) Guidelines for the Prevention of Workplace Violence for Healthcare and Social Workers Sexual Harassment Training U.S. Supreme Court Decision Held that one way companies could avoid liability was to provide training to employees. Note 1 Note 2 Unknown Unknown Unknown Unknown Govt. Code, Requires employers to distribute or provide information on sexual harassment. Content only Govt. Code, Requires supervisors to attend a class every 2 years. 2-hours Repetitive Motion Injuries (Ergonomics) 8 CCR, 5110 Note 3 Applies to jobs where an RMI has occurred to more than one employee; requires a training program to explain symptoms of exposure, need for reporting, and what the employer is doing to minimize RMIs. Contentbased None Electrical Safety (Lock-Out, Tag-Out) 8 CCR, Requires that no one perform work on energized electrical systems until Involved personnel have received instructions on the work techniques and hazards involved in working on energized equipment. None listed Training Mandates Study for the California Fire Service Page 41

42 Machinery and Equipment (Lock-Out, Tag-Out) 8 CCR, 3314 Requires locking-out and tagging heavy equipment while it is being worked on. No specific emergency procedures or training mentioned. None None Industrial Trucks (Fork Lifts) 8 CCR, 3668 Employer must ensure that fork lift operators have successfully completed training required. Commercial Driver License Vehicle Code, Requires individuals who drive trucks over a certain size (including fire engines and fire trucks) to have a Class B Commercial Driver s License. Peace Officer Training Penal Code, 832 Arson Investigators require completion of a PC 832 class prior to appointment. (Class includes arrest procedures and firearms proficiency.) Powered Equipment 8 CCR, xxxx (Table saws and drill presses) Contentbased Content based Note 4 Annual firearms qualifying Compressed Breathing Air Bottle Re-Filling DOT regulations Requires individuals who service compressed air cylinders to receive training. Content based None Note 1: The employer shall train a sufficient number of persons to assist in the safe and orderly emergency evacuation of employees. Note 2: The employer shall apprise employees of the fire hazards of the materials and processes to which they are exposed (and) shall review with each employee upon initial assignment those parts of the fire prevention plan which the employee must know to protect the employee in the event of an emergency. Note 3: The Federal Rule this was based on has been withdrawn. Note 4: Refresher training on forklifts is required under certain circumstances; evaluations must be conducted every three years. Training Mandates Study for the California Fire Service Page 42

43 California Fire Service Training Mandates Study APPENDICES Appendix A Appendix B Appendix C Accessing Codes and Organizations Online California Codes Contents, California Code of Regulations (CCR) Appendix D Contents, Title 29, Section 1910, Code of Federal Regulations (29 CFR 1910) Appendix E Appendix F Appendix G Appendix H Appendix I Appendix J Appendix K Appendix L Relevant Training Standards of the National Fire Protection Association (NFPA) California State Fire Marshal Certification Program California Incident Command Certification System NWCG Course Listings Insurance Services Offices (ISO) Grading Schedule for Training AB 1127, Employee Safety Violations SB 1207, Volunteer Firefighters AB 1825, Sexual Harassment Training Police Officers Standards and Training (POST) Mandates Training Mandates Study for the California Fire Service Page 43

44 Appendix A: Accessing Codes or Organizations Online: California Government Codes (all except California Code of Regulations): California OSHA Standards, including Title 8 California Code of Regulations (CCR): California Laws, Language, Status, and Analysis California Department of Industrial Relations California Division of Occupational Safety and Health (Cal OSHA) California Occupational Safety and Health Standards Bureau Cal OSHA Regulations Updates Cal OSHA Reporter (Weekly Update Publication) Code of Federal Regulations (CFR) US Occupational Safety and Health Administration (OSHA) Center for Disease Control (CDC) NIOSH Fire Fighter Fatality Investigation and Prevention Program USFA (United States Fire Administration) Publications USFA Firefighter Fatalities USFA EMI Training Website Training Mandates Study for the California Fire Service Page 44

45 USFA Coffee Break Training for Fire Inspectors National Fire Protection Association (NFPA): California State Fire Marshal (CSFM): California Laws Relating to Fires and Firefighters NIFC Wildland FF Reports NWCG Training Documents US Forest Service Home Page US Forest Service Wildland Fire Safety Training Home Page Insurance Services Office (ISO): National Volunteer Fire Council (NVFC): OSHA HIPPA Rule Site Barclays (Publishers of California Code of Regulations) STP Specialty Technical Publications Training Mandates Study for the California Fire Service Page 45

46 Appendix B: List of California Codes California Law consists of 29 codes, covering various subject areas, the State Constitution, and Statutes. Statutory Codes Business and Professions Code Civil Code Code of Civil Procedure Commercial Code Corporations Code Elections Code Evidence Code Family Code Financial Code Fish and Game Code Food and Agriculture Code Government Code Harbors and Navigation Code Health and Safety Code Insurance Code Labor Code Military and Veterans Code Penal Code Probate Code Public Contract Code Public Resources Code Public Utilities Code Revenue and Taxation Code Streets and Highways Code Unemployment Insurance Code Vehicle Code Water Code Welfare and Institutions Code Regulatory Codes California Code of Regulations Training Mandates Study for the California Fire Service Page 46

47 Appendix C CALIFORNIA CODE OF REGULATIONS, Contents (Expanded) TITLE 1. General Provisions TITLE 2. Administration TITLE 3. Food And Agriculture TITLE 4. Business Regulations TITLE 5. Education TITLE 7. Harbors And Navigation TITLE 8. Industrial Relations Division 1. Department of Industrial Relations Chapter 1. Industrial Medical Council Chapter 2. California Apprenticeship Council Chapter 3. Fair Employment and Housing Commission Subchapter 1. Administration Subchapter 2. Discrimination in Employment Article 1. General Matters Article 11. Age Discrimination Subchapter 4. Procedures of the Commission Chapter 3.2. California Occupational Safety and Health Regulations (CAL/OSHA) Subchapter 1. Regulations of the Director of Industrial Relations Subchapter 2. Regulations of the Division of Occupational Safety and Health Article 2.7. Approval of Courses and Course Providers Chapter 3.3. Occupational Safety and Health Appeals Board Article 1. General Article 1.5. Service of Documents and Duty to Notify Others of Appeal and Hearing Article 3. Prehearing Procedure Discovery, and Motions Article 4. Hearing Article 5. Reconsideration Article 6. Employers' Cost Recovery Chapter 3.5. Occupational Safety and Health Standards Board Subchapter 1. Rules of Procedure for Interim and Permanent Variances, and Appeals from Temporary Variances Chapter 4. Division of Industrial Safety Subchapter 1. Unfired Pressure Vessel Safety Orders Subchapter 2. Boiler and Fired Pressure Vessel Safety Orders Subchapter 3. Compressed Air Safety Orders (Governing Work in Compressed Air) Training Mandates Study for the California Fire Service Page 47

48 Subchapter 4. Construction Safety Orders Subchapter 5. Electrical Safety Orders Subchapter 6. Elevator Safety Orders Subchapter 6.1. Passenger Tramway Safety Orders Subchapter 7. General Industry Safety Orders Subchapter 8. Safety Rules for Gold Dredges Subchapter 9. Lamp Scaffold and Parallel Safety Orders* Subchapter 10. Liquefied Petroleum Gases Safety Orders Subchapter 11. Logging and Sawmill Safety Orders Subchapter 12. Mine Safety Orders Subchapter 13. Logging and Sawmill Safety Orders Subchapter 14. Petroleum Safety Orders--Drilling and Production Subchapter 15. Petroleum Safety Orders--Refining, Transportation and Handling Subchapter 17. Mine Safety Orders Subchapter 18. Ship Building, Ship Repairing and Ship Breaking Safety Orders Subchapter 19. Trench Construction Safety Orders Subchapter 20. Tunnel Safety Orders Subchapter 21. Telecommunication Safety Orders* Chapter 4.5. Division of Workers' Compensation Chapter 5. Industrial Welfare Commission Chapter 6. Division of Labor Standards Enforcement* Chapter 7. Division of Labor Statistics and Research Chapter 8. Office of the Director Division 2. Agricultural Labor Relations Board Chapter 1. Definitions Chapter 1.5. General Rules of Pleading and Practice Chapter 2. Unfair Labor Practice Regulations Chapter 3. Procedure Under Chapter 5 of the Act for the Determination of Questions Concerning Representation of Employees Chapter 5. Certification and Signature of Documents Chapter 6. Availability of Board Materials and Documents Chapter 7. Prohibited Communications Chapter 8. Practice Before the Board Chapter 9. Solicitation by Non-Employee Organizers Chapter 10. Symbols or Emblems Chapter 12. Conflict of Interest Code Division 3. Public Employment Relations Board Chapter 1. Public Employment Relations Board Chapter 2. Educational Employment Relations Act Training Mandates Study for the California Fire Service Page 48

49 Chapter 3. State Employer-Employee Relations Act Chapter 4. Higher Education Employer-Employee Relations Act TITLE 9. Rehabilitative And Developmental Services TITLE 10. Investment TITLE 11. Law TITLE 12. Military And Veterans Affairs TITLE 13. Motor Vehicles TITLE 14. Natural Resources TITLE 15. Crime Prevention And Corrections TITLE 16. Professional And Vocational Regulations TITLE 17. Public Health TITLE 18. Public Revenues TITLE 19. Public Safety Division 1. State Fire Marshal Chapter 1. General Fire and Panic Safety Standards Chapter 1.5. Construction Materials and Equipment Listings Chapter 2. Tents, Awnings and Other Fabric Enclosures Chapter 3. Fire Extinguishers Chapter 4. Fire Alarm Systems and Devices Chapter 5. Automatic Fire Extinguishing Systems Chapter 6. Fireworks Chapter 7. Flammable Fabrics Standards Chapter 8. Regulations Relating to Flame-Retardant Chemicals, Fabrics and Application Concerns Chapter 9. Standardization of Threaded Fittings on Fire Equipment Chapter 10. Explosives Chapter 11. Transportation of Flammable Liquids in Cargo Tanks on Highways Chapter Gasoline Vapor Control Systems Chapter 12. Portable Internal Combustion Engine-Driven Pumps Chapter 14. Hazardous Liquid Pipeline Safety Chapter 15. Conflict of Interest Code of the Office of the State Fire Marshal Chapter 16. Oil Refinery and Chemical Plant Safety Preparedness Program Division 2. Office of Emergency Services Chapter 1. Standardized Emergency Management System (SEMS) Chapter 2. Emergencies and Major Disasters Chapter 3. Office of Emergency Services--Conflict of Interest Code Chapter 4. Hazardous Material Release Reporting, Inventory, and Response Plans Chapter 4.5. California Accidental Release Prevention (CalARP) Program Detailed Analysis Chapter 5. State Assistance for Fire Equipment Act Training Mandates Study for the California Fire Service Page 49

50 Chapter 6. Natural Disaster Assistance Act Division 3. Seismic Safety Commission Article 1. Emergency Meetings TITLE 20. Public Utilities And Energy TITLE 21. Public Works TITLE 22. Social Security Division 1. Employment Development Department* Division 1.8. Department of Aging Division 2. Department of Social Services--Department of Health Services Division 2.1. Department of Rehabilitation Division 3. Health Care Services Division 4. Environmental Health Division 4.5. Environmental Health Standards for the Management of Hazardous Waste Chapter 10. Hazardous Waste Management System: General Chapter 11. Identification and Listing of Hazardous Waste Chapter 12. Standards Applicable to Generators of Hazardous Waste Chapter 13. Standards Applicable to Transporters of Hazardous Waste Chapter 14. Standards for Owners and Operators of Hazardous Waste Transfer, Treatment, Storage, and Disposal Facilities Chapter 15. Interim Status Standards for Owners and Operators of Hazardous Waste Transfer, Treatment, Storage, and Disposal Facilities Chapter 16. Recyclable Materials (Recyclable Hazardous Wastes) Chapter 18. Land Disposal Restrictions Chapter 20. The Hazardous Waste Permit Program Chapter 21. Procedures for Hazardous Waste Permit Decisions Chapter 22. Enforcement, Inspections, and Informant Rewards Chapter 23. Standards for Universal Waste Management Chapter 29. Standards for the Management of Used Oil Chapter 31. Waste Minimization Chapter 32. Management of Tanks Chapter 39. Hazardous Waste Property and Border Zone Property Chapter 40. Selection and Ranking Criteria for Hazardous Waste Sites Requiring Remedial Action Chapter 41. Prohibited Chemical Toilet Additives Chapter 42. Requirements for Management of Fluorescent Light Ballasts which Contain Polychlorinated Biphenyls (PCBs) Chapter 43. Additional Requirements for Management of Extremely Hazardous Wastes Chapter 44. Hazardous Waste Testing Laboratory Certification Chapter 45. Requirements for Units and Facilities Deemed to Have a Permit by Rule Chapter 46. Hazardous Waste Environmental Technology Certification Program Training Mandates Study for the California Fire Service Page 50

51 Chapter 47. Loan Programs Chapter 50. Corrective Action Division 5. Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies Division 6. Licensing of Community Care Facilities Division 7. Health Planning and Facility Construction Division 8. Nondiscrimination in State-Supported Programs and Activities Division 9. Prehospital Emergency Medical Services Chapter 1. Emergency Medical Services Authority and Commission on Emergency Medical Services--Conflict of Interest Code Chapter 1.1 Training Standards for Child Care Providers Chapter 1.2. First Aid Testing for School Bus Drivers Chapter 1.5. First Aid Standards for Public Safety Personnel Article 1. Definitions Article 2. General Training Provisions Article 3. Training Standards Article 4. Training Approval Options Chapter 1.8. Training Standards for Use of the Automated External Defibrillator by Non- Licensed or Non-Certified Personnel Article 1. Definitions Article 2. General Training Provisions Article 3. Training Standards Article 4. Medical Control Chapter 2. Emergency Medical Technician I Course Completion by Challenge Examination Certification Procedures for an EMT-I NA to Be Certified an EMT-I A Procedures for an EMT-I A to Be Certified an EMT-I NA Recertification Record Keeping. Article 1. Definitions Article 2. General Provisions Article 3. Program Requirements for EMT-I Training Programs Article 4. EMT-I Certification Article 5. Recertification Requirements Article 6. Record Keeping and Fees Chapter 3. Emergency Medical Technician-II Article 1. Definitions Article 2. General Provisions Training Mandates Study for the California Fire Service Page 51

52 Article 3. Program Requirements for EMT-II Training Programs Article 4. Certification Article 5. Operational Requirements Article 6. Record Keeping and Fees Chapter 4. Emergency Medical Technician-Paramedic Article 1. Definitions Article 2. General Provisions Article 3. Program Requirements for Paramedic Training Programs Article 4. Applications and Examinations Article 5. Licensure Article 6. Continuing Education Article 7. License Renewal Article 8. System Requirements Article 9. Record Keeping and Fees Article 10. Discipline and Reinstatement of License Chapter 5. Process for Applicant Verification Chapter 6. Process for EMT-I and EMT-II Certification Disciplinary Action Chapter 7. Trauma Care Systems Chapter 8. Prehospital EMS Aircraft Regulations Chapter 9. Poison Control Center Regulations Division 10. California Medical Assistance Commission Division 11. Department of Community Services and Development Division 12. Child Care Facility Licensing Regulations TITLE 23. Waters TITLE 25. Housing And Community Development TITLE 26. Toxics Preface Organization of Title 26 Title 26 is a compilation of toxic regulations issued by State regulatory agencies and published for the first time in one Title of the California Administrative Code in August, 1986.* Please note these toxic regulations are also found in the original Titles assigned to each agency. Title 26 is organized with the agencies listed in numerical sequence according to their original Title assignments. The regulatory sections within each Division of Title 26 also reflect the original section number assignments and are arranged in numerical sequence. *The name California Administrative Code was changed to the California Code of Regulations effective January 1, Division 1. State Lands Commission (Title 2) Division 2. Department of Food and Agriculture Division 3. Bureau of Home Furnishings Training Mandates Study for the California Fire Service Page 52

53 Division 4. California Occupational Safety and Health Regulations (CAL/OSHA) Division 5. Insurance Commissioner Division 5.1. Department of Motor Vehicles Division 6. California Highway Patrol Division 7. Air Resources Board Division 8. Department of Forestry Division 9. Department of Conservation--Division of Oil and Gas Division 10. Department of Parks and Recreation Division California Integrated Waste Management Board Division 11. State Board of Fabric Care Division 12. Board of Barbering and Cosmetology Division 13. Board of Funeral Directors and Embalmers Division 14. Board of Pharmacy Division 15. Structural Pest Control Board Division 16. Bureau of Automotive Repair Division 17. Department of Health Services Division 18. Air Resources Board Division State Board of Equalization Division 19. State Fire Marshal Division Office of Emergency Services Division 20. State Energy Resources Conservation and Development Commission Division 21. Department of Transportation Division Health and Welfare Agency Division 22. Department of Health Services Division 23. State Water Resources Control Board Division 27. Environmental Protection Agency TITLE 27. Environmental Protection TITLE 28. Managed Health Care Training Mandates Study for the California Fire Service Page 53

54 Appendix D CODE OF FEDERAL REGULATIONS Title 29, Section 1910, Contents 29 CFR 1910 OCCUPATIONAL SAFETY AND HEALTH STANDARDS Purpose and scope Definitions Petitions for the issuance, amendment, or repeal of a standard Amendments to this part Applicability of standards Incorporation by reference Definition and requirements for a nationally recognized testing laboratory OMB control numbers under the Paperwork Reduction Act Scope and purpose Construction work Shipyard employment Longshoring and marine terminals Effective dates Changes in established Federal standards Special provisions for air contaminants Definitions General Requirements Guarding floor and wall openings and holes Fixed industrial stairs Portable wood ladders Portable metal ladders Fixed ladders Safety requirements for scaffolding Manually propelled mobile ladder stands and scaffolds (towers) Other working surfaces Definitions General requirements Means of egress, general Employee emergency plans and fire prevention plans Powered platforms for building maintenance Vehicle-mounted elevating and rotation work platforms Manlifts Ventilation Occupational noise exposure Nonionizing radiation Effective dates Compressed gases (general requirements) Acetylene Hydrogen Oxygen Nitrous oxide. Training Mandates Study for the California Fire Service Page 54

55 Flammable and combustible liquids Spray finishing using flammable and combustible materials Explosives and blasting agents Storage and handling of liquefied petroleum gases Storage and handling of anhydrous ammonia Process safety management of highly hazardous chemicals Hazardous waste operations and emergency response Table of contents Dipping and coating operations: Coverage and definitions General requirements for dipping and coating operations Additional requirements for dipping and coating operations that use flammable or combustible liquids Additional requirements for special dipping and coating operations General requirements Eye and face protection Respiratory protection Head protection Foot protection Electrical protective equipment Hand protection Respiratory protection for M. tuberculosis Sanitation Temporary labor camps Safety color code for marking physical hazards Specifications for accident prevention signs and tags Permit-required confined spaces The control of hazardous energy (lockout/tagout) Medical services and first aid Scope, application and definitions applicable to this subpart Fire brigades Portable fire extinguishers Standpipe and hose systems Automatic sprinkler systems Fixed extinguishing systems, general Fixed extinguishing systems, dry chemical Fixed extinguishing systems, gaseous agent Fixed extinguishing systems, water spray and foam Fire detection systems Employee alarm systems Air receivers Handling materials-general Servicing multi-piece and single piece rim wheels Powered industrial trucks Overhead and gantry cranes Crawler locomotive and truck cranes Derricks Helicopters Slings Definitions. Training Mandates Study for the California Fire Service Page 55

56 General requirements for all machines Woodworking machinery requirements Abrasive wheel machinery Mills and calenders in the rubber and plastics industries Mechanical power presses Forging machines Mechanical power-transmission apparatus Definitions Hand and portable powered tools and equipment, general Guarding of portable powered tools Other portable tools and equipment Definitions General requirements Oxygen-fuel gas welding and cutting Arc welding and cutting Resistance welding Pulp, paper, and paperboard mills Textiles Bakery equipment Laundry machinery and operations Sawmills Logging operations Telecommunications Electric power generation, transmission, and distribution Grain handling facilities Introduction Electric utilization systems General requirements Wiring design and protection Wiring methods, components and equipment for general use Specific purpose equipment and installations Hazardous (classified) locations Special systems Scope Training Selection and use of work practices Use of equipment Safeguards for personnel protection Definitions applicable to this subpart Scope and application Definitions Qualifications of dive team Safe practices manual Pre-dive procedures Procedures during dive Post-dive procedures SCUBA diving Surface-supplied air diving Mixed-gas diving. Training Mandates Study for the California Fire Service Page 56

57 Liveboating Equipment Recordkeeping requirements Effective date. Training Mandates Study for the California Fire Service Page 57

58 Appendix E: Relevant Training Standards of the National Fire Protection Association (NFPA) NUMBER NAME 295 Wildfire Control 402 Aircraft Rescue and Fire-Fighting Operations 403 Aircraft Rescue and Fire-Fighting Services at Airports 405 Recommended Practice for the Recurring Proficiency Training of Aircraft Rescue & Fire-Fighting Services 422 Aircraft Accident Response 471 Responding to Hazardous Materials Incidents 472 Professional Competence of Responders to Hazardous Materials Incidents 473 Competencies for EMS Personnel Responding to Hazardous Materials Incidents 1000 Fire Service Professional Qualifications Accreditation and Certification Systems 1001 Fire Fighter Professional Qualifications 1002 Fire Apparatus Driver/Operator Professional Qualifications 1003 Airport Fire Fighter Professional Qualifications 1006 Rescue Technician Professional Qualifications 1021 Fire Officer Professional Qualifications 1031 Professional Qualifications for Fire Inspector and Plan Examiner 1033 Professional Qualifications for Fire Investigator 1035 Professional Qualifications for Public Fire and Life Safety Educator 1041 Fire Service Instructor Professional Qualifications 1051 Wildland Fire Fighter Professional Qualifications 1061 Professional Qualifications for Public Safety Telecommunicator 1401 Recommended Practice for Fire Service Training Reports and Records 1402 Building Fire Service Training Centers 1403 Live Fire Training Evolutions 1404 Fire Service Respiratory Protection Training 1405 Guide for Land-Based Fire Fighters Who Respond to Marine Vessel Fires 1410 Training for Initial Emergency Scene Operations 1451 Fire Service Vehicle Operations Training Program 1452 Guide for Training Fire Service Personnel to Conduct Dwelling Fire Safety Surveys 1500 Fire Department Occupational Safety and Health Program 1521 Fire Department Safety Officer 1670 Operations and Training for Technical Rescue Incidents 1710 Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire Departments Training Mandates Study for the California Fire Service Page 58

59 Appendix F: California State Fire Marshal Certification Program The California Office of the State Fire Marshal (CSFM) develops State Certification training standards and courses that meet or exceed NFPA national standards. Courses are developed by selected professionals in those areas, and go through several committee approvals before final approval by the State Board of Fire Services (SBFS). Classes fall under two broad categories: California Fire Service Training and Education System (CFSTES) and Fire Service Training and Education Program (FSTEP). CFSTES delivers the certification courses, which can lead to state certification as a Firefighter I, Firefighter II, Fire Officer, and Chief Officer, among others. FSTEP delivers shorter courses, which are primarily oriented to emergency operation techniques. This Appendix lists courses that might be adopted by a department for promotional processes, specialized training, increased professionalism, and reduced liability by meeting a "recognized industry standard" in its training. FIREFIGHTER TRAINING AND CERTIFICATION COURSE NAME DESCRIPTION HOURS Fire Fighter I Fire Fighter II Hazardous Materials First Responder (Operations Level) Basic training course for entry-level firefighters. Hours do not include practice, drill, or evaluation time. Basic training course for probationary firefighters. Hours do not include practice, drill, or evaluation time. Meets OSHA requirements for basic response techniques and procedures to hazardous materials incidents. I-200 Basic ICS 16 Fire Control 3 (FSTEP) Fire Control 4 (FSTEP) Live fire training in acquired structures to provide experience in structural firefighting. Live fire training in combating fire involving LPG and flammable liquids. Fire Control 6 (FSTEP) Wildland fire fighting essentials (classroom) 16 Fire Control 7 (FSTEP) Emergency Response To Electric Vehicles (FSTEP) Live fire training in vegetation to provide experience in wildland firefighting. Fundamental emergency response procedures for the new electric-powered automobile technology FIRE ENGINEER TRAINING AND CERTIFICATION COURSE NAME DESCRIPTION HOURS Fire Apparatus Driver/Operator 1A Fire Apparatus Driver/Operator 1B Emergency Vehicle Operations 40 Pump Operations 40 Training Mandates Study for the California Fire Service Page 59

60 FIRE OFFICER TRAINING AND CERTIFICATION COURSE NAME DESCRIPTION HOURS Fire Command 1A Command Principles for Company Officers 40 Fire Command 1B Hazardous Materials Command Principles for Company Officers Fire Command 1C Wildland Command Principles for Company Officers 40 Fire Instructor 1A Instructional Techniques, Part 1 40 Fire Instructor 1B Instructional Techniques, Part 2 40 Fire Investigation 1A Fire Origin and Cause Determination 40 Fire Management 1 Management/Supervision for Company Officers 40 Fire Prevention 1A Fire Inspection Practices 40 Fire Prevention 1B Code Enforcement 40 I-300 Intermediate ICS CHIEF OFFICER TRAINING AND CERTIFICATION COURSE NAME DESCRIPTION HOURS Fire Command 2A Command Tactics at Major Fires 40 Fire Command 2B Management of Major Hazardous Materials Incidents 40 Fire Command 2C High Rise Fire Tactics 40 Fire Command 2D Planning for Large Scale Disasters 40 Fire Command 2E Wildland Fire Fighting Tactics 40 Fire Management 2A Organizational Development and Human Relations 40 Fire Management 2B Fire Service Financial Management 40 Fire Management 2C Personnel and Labor Relations 40 Fire Management 2D Master Planning 40 Fire Management 2E Contemporary Issues and Concepts 40 I-400 Advanced ICS 24 S-334 Strike Team Leader-Engine 16 S-339 Division/Group Supervisor 16 S-400 Incident Commander 24 S-401 Safety Officer 24 Hazardous Materials Incident Commander Designed to meet OSHA requirements for those chief officers who will be Incident Commander at a major haz mat incident. 24 Training Mandates Study for the California Fire Service Page 60

61 EXECUTIVE OFFICER DEVELOPMENT TRAINING COURSE NAME DESCRIPTION HOURS Fire Chiefs Executive This course presents an executive development program 40 Development designed for the new Fire Chief. Topics include: Self analysis (style and behavior identification), program justification, team building, structuring, organizing and managing, and working with politicians, city managers and department heads. Fire Chiefs Orientation This course presents a facilitated orientation of 40 contemporary issues confronting today s fire chief. There is a California focus, with an emphasis on networking and problem solving. This is a dynamic course with topics Designing And Evaluating Standards Of Cover For Emergency Response changing yearly to reflect changing issues. This course provides information on the factors involved in the placement of stations and deployment of apparatus according to contemporary standards in the U.S. Fire Service, methods of analyzing effectiveness and efficiency of both new and existing station locations, methods of conducting and quantifying risk assessment for structures, area conditions, and emergency management areas. 40 SPECIALIZED OPERATIONS TRAINING AND CERTIFICATION COURSE NAME DESCRIPTION HOURS Fire Control 5 (FSTEP) Aircraft Rescue And Fire Fighting Rescue Systems 1 (FSTEP) Basic Heavy Rescue Rescue Systems 2 (FSTEP) Advanced Rescue Skills This course provides students with the methods and techniques necessary for crash fire rescue services at airports. Subjects include: Utilizing conventional fire and specialized CFR apparatus, CFR extinguishing agents, types of aircraft, standby procedures, aqueous film forming foam, dual agent systems, and operations at crash scenes. The 24- hour class delivery includes a live burn. Key topics include: Team organization, rescue and environmental considerations, use of ropes, knots, rigging and pulley systems, descending, rappelling, and belaying tools and techniques, subsurface rescue techniques, use of cribbing, wedges, cutting/prying and hydraulic tools, use of fire service ladders in specialized rescue situations, and day and night simulated rescue exercises. Provides advanced heavy rescue system techniques. Key topics include structural building types, wood and mechanical shores, crib capacities, floor weight calculations, building search, confined space considerations, damaged structure hazard assessment, use of small power and hand tools, air bags, and USAR ICS Training Mandates Study for the California Fire Service Page 61

62 Confined Space Rescue Awareness (FSTEP) Confined Space Rescue Operations (FSTEP) Trench Rescue (FSTEP) This course provides instruction in identifying a permit and non-permit required confined space, and the hazards associated with confined spaces. This course provides information to identify confined spaces and permit-required confined spaces, evaluate hazardous atmospheres, determine adequate levels of personal protection, techniques needed for hazard mitigation, identify basic operational positions, understand responsibilities set by CAL-OSHA, and prepare for confined space rescue operations. This course is designed to train fire service personnel in hands-on application of the techniques necessary to safely effect a rescue from an excavation or trenching cave-in. Topics include: Critical considerations while responding to trenching emergencies, evaluation of cave-in scenes, basic life support procedures and temporary protection for victims, specialized tool usage, shoring techniques, and below grade rescue safety procedures. Swiftwater Rescue (FSTEP) 24 River And Flood Water Rescue (FSTEP) Personal Watercraft Rescue Operations (FSTEP) Hazardous Materials Technician Hazardous Materials Specialist This course is intended for the training of fire service personnel in water rescue techniques. Topics include: Swift water rescue, submerged vehicles, drownings, use of engine/truck company equipment for water rescue, use of rafts and boats, and underwater search and recovery. This course provides the skills needed to operate a personal watercraft (PWC) and perform rescue in river and flood situations. Safety, course philosophy, and PWC terminology are covered. In water experience for students include how to read dynamics flow for safety travel, perform self rescue and victim rescue operations, along with executing pre/postinspections of the PWC. NOTE: CSFM Certification Courses in hazardous materials (Specialist and Technician) are given through OES California State Training Institute (CSTI) NOTE: CSFM Certification Courses in hazardous materials (Specialist and Technician) are given through OES California State Training Institute (CSTI) Training Mandates Study for the California Fire Service Page 62

63 ADVANCED INSTRUCTOR TRAINING AND CERTIFICATION COURSE NAME DESCRIPTION HOURS Fire Instructor 2A Techniques of Evaluation 40 Fire Instructor 2B Group Discussion Techniques 40 Fire Instructor 2C Employing Audio/Visual Aids 40 Fire Instructor 3 Master Instructor 40 Rescue Systems 1 Instructor Course This course provides the potential instructor with an overview of the course, criteria for building teaching props, safety considerations for the instructor and student, useful tips and insight for course delivery, instructional criteria and requirements. 40 ADVANCED FIRE PREVENTION & INSPECTION TRAINING & CERTIFICATION COURSE NAME DESCRIPTION HOURS Fire Prevention 1C Flammable Liquids and Gasses 40 Fire Prevention 2A Fire Protection Systems and Building Components 40 Fire Prevention 2B Interpreting the UBC and CCR Title 19 and Title Fire Prevention 2C Special Hazard Occupancies 40 Fire Prevention 3A Hydraulic Sprinkler Calculations 40 Fire Prevention 3B Plan Checking 40 (FSTEP) Motion Picture and Television Fire Safety Officer 24 (FSTEP) OSFM California Building Code 24 Training Mandates Study for the California Fire Service Page 63

64 Appendix G: California Incident Command Certification System (CICCS) and National Wildfire Coordinating Group (NWCG) Course Listings The California State Office of Emergency Services (OES) coordinates and directs the statewide Mutual Aid Plan, of which all fire departments are subscribers. This plan is used to move fire equipment and personnel around the state during times of high resource demand, such as during summer when several major wildfires are burning. All fire departments in California use the Incident Command System (ICS) for structuring resources and the chain of command at emergencies. This standardized system has job titles with specific duties for individual and company assignments. OES has instituted a program approved by the State Board of Fire Services (SBFS) to require qualified personnel on mutual aid responses. This is called the California Incident Command Certification System (CICCS). Almost every ICS position has a training curriculum identified, as well as a Position Task Book for on-the-job training. The CICCS has adopted the curriculum (certification) and task book (qualification) process to qualify personnel throughout the state. The SBFS has outlined the following components of CICCS: Participation. These standards will apply to those hazard risks that historically involve statewide movement of resources from one agency to the other. These typically include incidents such as wildfire, floods, urban search and rescue, civil disturbances, earthquakes, and major hazardous materials incidents. These standards would not necessarily apply to incidents that are routine first level responses within an agency or department. Historical Recognition. The system includes the ability for an agency or organization to recognize the training and experience of existing personnel. Historical recognition should reduce the need to provide additional training or experience for personnel that meet or exceed any proposed minimum standards. Historical recognition of the individual will be done using a resume process. A two (2) year transition period is established for historical recognition to occur. After the cut-off date of May 1, 2004, historical recognition shall be prohibited, requiring only the use of the CICCS. System Components. The system will include minimum prerequisites, training standards, experience, and performance standards (tracked on Position Task Books). A computer software program for tracking an individual s training, certifications, qualifications and experience has been developed for all ICS positions. The program allows the user agency to determine who is qualified to perform in an ICS position and which agency employs them. The software package would be made available at cost by the State Fire Marshal to user agencies. National Wildfire Coordinating Group The SBFS recognizes NWCG as the model for the CICCS format. It can readily be adapted to all-risk use. The standard includes a system administrator s guide, prerequisites, currency requirements, and Position Task Books that identify the skills necessary to perform in all of the ICS positions. Training Mandates Study for the California Fire Service Page 64

65 Fire departments throughout the state are working to develop ways to qualify their personnel. In order to comply with these regulations, a department must integrate the required curriculum in its Academy and pre-promotional training programs. In addition, departments must develop a procedure to track and process both historical recognition certification and that achieved by current training. The following matrices identify which courses are required for each rank. FIREFIGHTER (and Fire Engineer) TRAINING AND CERTIFICATION COURSE CSFM EQUIVALENT NAME DESCRIPTION HOURS I-200 Basic ICS I S-130 Firefighter Training New Firefighter 1 8 S-131 Advanced Firefighter Training none 8 S-190 Introduction to Wildland Fire Behavior New Firefighter 1 24 CAPTAIN TRAINING AND CERTIFICATION COURSE CSFM EQUIVALENT NAME DESCRIPTION HOURS I-300 Intermediate ICS I S-231 Engine Boss 1 Command 1A and 1B 24 S-290 Intermediate Fire Behavior 2 none 32 S-200 (???) Initial Attack Incident Commander Command 1A and 1B 16 S-205 (???) Fire Operations in the Urban Interface 3 Command 1C 24 1 May require S-230 as a pre-requisite (24 hours) 2 There is a self-paced, CD-ROM course for this class; uncertain if it would qualify for certification. 3 To be re-numbered as S-215 CHIEF OFFICER TRAINING AND CERTIFICATION COURSE CSFM EQUIVALENT NAME DESCRIPTION HOURS I-400 Advanced ICS I S-330 Strike Team Leader S S-339 Division / Group Supervisor S S-404 Incident Safety Officer S S-400 (???) Incident Commander S S-430 (???) Operations Section Chief S (NOTE: Courses with (???) after the number may not be required for certification.) Training Mandates Study for the California Fire Service Page 65

66 Appendix H: Insurance Services Office (ISO) Rating Schedule for Training Recommended Training per FD Member ISO Rating Schedule Section Hours / Year per Member Eight 3-hour drills per year 580-A-2 24 Four 3-hour multi-company drills per year (should be manipulative/wet) 580-A-2 12 Two 3-hour night drills per year 580-A hours company drill per member per month 580-B 240 Two days per year officer training 580-C 16 Four half-day sessions/year driver/operator training 580-D hour training for new drivers/operators 580-E 40 Radioactivity training: ½-day per member per year 580-F 3 hours Recruit training: 240 hours per recruit 580-G 240 (one time) Pre fire planning inspections: all commerical, industrial; institutional and similar occupancies twice/year 580-H varies ISO is the Insurance Services Office, and these training requirements are part of the Fire Suppression Rating Schedule (FSRS), which some insurance companies use to set insurance rates. The FSRS is a numerical rating scale, with a Class 1 Department being the best, and going down to a Class 10 Department. The grading consists of Fire Alarms (10 percent), Engine Companies (50 percent), and Water Supply (40 percent). Training is one element of the Engine Companies section, which also includes the number of engines and amount of water a community needs to fight a fire, the distribution of fire companies throughout the jurisdiction, whether the Department tests its pumps annually, inventories of equipment on engines, firefighter response to emergencies, and maintenance and testing of Department equipment. Insurance Services Office 545 Washington Blvd. Jersey City, NJ Training Mandates Study for the California Fire Service Page 66

67 Appendix I: AB 1127 Employee Safety Violations AB 1127, EMPLOYEE SAFETY: VIOLATIONS (Chaptered) Chapter 615 Filed With Secretary Of State...October 10, 1999 Approved By Governor...October 5, 1999 Passed The Assembly...September 9, 1999 Passed The Senate...September 7, 1999 Amended In Senate...September 3, 1999 Amended In Senate...September 2, 1999 Amended In Senate...August 25, 1999 Amended In Senate...August 23, 1999 Amended In Senate...August 16, 1999 Amended In Senate...July 12, 1999 Amended In Senate...June 29, 1999 Amended In Assembly...June 1, 1999 Amended In Assembly...May 18, 1999 Introduced by Assembly Member Steinberg...February 25, 1999 An act to amend Sections 98.7, , 6309, 6400, 6423, 6425, 6428, 6429, 6430, 6432, and 6434 of, and to add Section 6719 to, the Labor Code, relating to employee safety. LEGISLATIVE COUNSEL'S DIGEST AB 1127, Steinberg. Employee safety: violations. Under existing law, any person who believes that he or she has been discharged or otherwise discriminated against in violation of the Labor Code under the jurisdiction of the Labor Commissioner may file a complaint with the Division of Labor Standards Enforcement within 30 days after the occurrence of the violation. This bill would extend from 30 days to 6 months that period of time within which a complaint may be filed with the division. Existing law provides that the provisions of the California Occupational Safety and Health Act of 1973 (hereafter the act) have no application to, may not be considered in, and may not be admitted into, evidence in any personal injury or wrongful death action arising after January 1, 1972, except as between an employee and his or her employer. This bill instead would provide that neither the issuance of, or failure to issue, a citation by the Division of Occupational Safety and Health (hereafter the division) has any application to, nor may be considered in, nor may be admitted into, evidence in any personal injury or wrongful death action, except as between an employee and his or her employer. The bill also would provide that Sections 452 and 669 of the Evidence Code would apply to the act and the occupational safety and health standards and orders promulgated under the Labor Code in the same manner as any other statute, ordinance, or regulation. Training Mandates Study for the California Fire Service Page 67

68 Existing law provides that if the division secures a complaint from an employee, the employee's representative, or an employer of the employee directly involved in an unsafe place of employment, that his or her employment or place of employment is not safe, the division is required to summarily investigate the complaint as soon as possible, but not later than 3 working days after receipt of a complaint charging a serious violation, and not later than 14 days after receipt of a complaint charging a nonserious violation. Under existing law the division is not required to respond to a complaint if it determines that either the complaint is intended to willfully harass an employer or is without reasonable basis. This bill would require the division additionally to conduct those investigations if a complaint is received by the employee's representative, including, but not limited to, an attorney, health or safety professional, union representative, or representative of a government agency. The bill would also provide that the division is not required to respond to a complaint if, from the facts stated in the complaint, it determines that the complaint is intended to willfully harass an employer and is without any reasonable basis. Existing law provides that every employer, and every officer, management official, or supervisor having direction, management, control, or custody of any employment, place of employment, or other employee is guilty of a misdemeanor if it, among other things, knowingly or negligently violates any standard, order, or special order, or any of certain provisions of law, or part thereof, authorized by the act, the violation of which is deemed to be a serious violation, as defined. This bill would also make conforming changes to other provisions of law that impose civil and criminal penalties on employers for violation of specified occupational safety and health requirements. The bill would increase from $5,000 to $15,000 the maximum fine that may be imposed for a violation of those provisions. The bill also would increase the length of incarceration and the monetary penalties that may be imposed for a willful or repeated violation of certain employee safety standards that cause death to any employee, or cause permanent or prolonged impairment of the body of any employee. The bill also would authorize a court to impose a fine in an amount less than certain minimums specified in the bill if the court finds that it is in the interest of justice to do so and states its findings and reasons on the record. Existing law prohibits civil penalties from being assessed against employers that are governmental agencies for violations of certain employee safety standards. This bill would repeal that prohibition and require civil or administrative penalties against a school district, community college district, California State University, University of California, or other specified educational entities to be deposited into the Workplace Health and Safety Revolving Fund and refunded or used for specified purposes. Existing law requires the Occupational Safety and Health Standards Board (hereafter the standards board), on or before January 1, 1995, to adopt standards for ergonomics in the workplace designed to minimize the instances of injury from repetitive motion. This bill would reaffirm the standards board's continuing duty to adopt those standards. By making certain violations of employee safety standards by employers subject to criminal penalties, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Training Mandates Study for the California Fire Service Page 68

69 THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 98.7 of the Labor Code is amended to read: (a) Any person who believes that he or she has been discharged or otherwise discriminated against in violation of any provision of this code under the jurisdiction of the Labor Commissioner may file a complaint with the division within six months after the occurrence of the violation. The six-month period may be extended for good cause. The complaint shall be investigated by a discrimination complaint investigator in accordance with this section. The Labor Commissioner shall establish procedures for the investigation of discrimination complaints. A summary of the procedures shall be provided to each complainant and respondent at the time of initial contact. The Labor Commissioner shall inform complainants charging a violation of Section 6310 or 6311, at the time of initial contact, of his or her right to file a separate, concurrent complaint with the United States Department of Labor within 30 days after the occurrence of the violation. (b) Each complaint of unlawful discharge or discrimination shall be assigned to a discrimination complaint investigator who shall prepare and submit a report to the Labor Commissioner based on an investigation of the complaint. The Labor Commissioner may designate the chief deputy or assistant Labor Commissioner or the chief counsel to receive and review the reports. The investigation shall include, where appropriate, interviews with the complainant, respondent, and any witnesses who may have information concerning the alleged violation, and a review of any documents which may be relevant to the disposition of the complaint. The identity of witnesses shall remain confidential unless the identification of the witness becomes necessary to proceed with the investigation or to prosecute an action to enforce a determination. The investigation report submitted to the Labor Commissioner or designee shall include the statements and documents obtained in the investigation, and the findings of the investigator concerning whether a violation occurred. The Labor Commissioner may hold an investigative hearing whenever the Labor Commissioner determines, after review of the investigation report, that a hearing is necessary to fully establish the facts. In the hearing the investigation report shall be made a part of the record and the complainant and respondent shall have the opportunity to present further evidence. The Labor Commissioner shall issue, serve, and enforce any necessary subpoenas. (c) If the Labor Commissioner determines a violation has occurred, he or she shall notify the complainant and respondent and direct the respondent to cease and desist from the violation and take such action as is deemed necessary to remedy the violation, including, where appropriate, rehiring or reinstatement, reimbursement of lost wages and interest thereon, payment of reasonable attorney's fees associated with any hearing held by the Labor Commissioner in investigating the complaint, and the posting of notices to employees. If the respondent does not comply with the order within 10 working days following notification of the Labor Commissioner's determination, the Labor Commissioner shall bring an action promptly in an appropriate court against the respondent. If the Labor Commissioner fails to bring an action in court promptly, the complainant may bring an action against the Labor Commissioner in any appropriate court for a writ of mandate to compel the Labor Commissioner to bring an action in court against the respondent. If the complainant prevails in his or her action for a writ, the court shall award the complainant court costs and reasonable attorney's fees, notwithstanding any other provision of law. Regardless of any delay in bringing an action in court, the Labor Commissioner shall not be divested of jurisdiction. In any such action, the court may permit the claimant to intervene as a party plaintiff to the Training Mandates Study for the California Fire Service Page 69

70 action and shall have jurisdiction, for cause shown, to restrain the violation and to order all appropriate relief. Appropriate relief includes, but is not limited to, rehiring or reinstatement of the complainant, reimbursement of lost wages and interest thereon, and any other compensation or equitable relief as is appropriate under the circumstances of the case. The Labor Commissioner shall petition the court for appropriate temporary relief or restraining order unless he or she determines good cause exists for not doing so. (d) If the Labor Commissioner determines no violation has occurred, he or she shall notify the complainant and respondent and shall dismiss the complaint. The Labor Commissioner may direct the complainant to pay reasonable attorney's fees associated with any hearing held by the Labor Commissioner if the Labor Commissioner finds the complaint was frivolous, unreasonable, groundless, and was brought in bad faith. The complainant may, after notification of the Labor Commissioner's determination to dismiss a complaint, bring an action in an appropriate court, which shall have jurisdiction to determine whether a violation occurred, and if so, to restrain the violation and order all appropriate relief to remedy the violation. Appropriate relief includes, but is not limited to, rehiring or reinstatement of the complainant, reimbursement of lost wages and interest thereon, and such other compensation or equitable relief as is appropriate under the circumstances of the case. When dismissing a complaint, the Labor Commissioner shall advise the complainant of his or her right to bring an action in an appropriate court if he or she disagrees with the determination of the Labor Commissioner, and in the case of an alleged violation of Section 6310 or 6311, to file a complaint against the state program with the United States Department of Labor. (e) The Labor Commissioner shall notify the complainant and respondent of his or her determination under subdivision (c) or (d), not later than 60 days after the filing of the complaint. Determinations by the Labor Commissioner under subdivision (c) or (d) may be appealed by the complainant or respondent to the Director of Industrial Relations within 10 days following notification of the determination. The appeal shall set forth specifically and in full detail the grounds upon which the appealing party considers the Labor Commissioner's determination to be unjust or unlawful, and every issue to be considered by the director. The director may consider any issue relating to the initial determination and may modify, affirm, or reverse the Labor Commissioner's determination. The director's determination shall be the determination of the Labor Commissioner. The director shall notify the complainant and respondent of his or her determination within 10 days of receipt of the appeal. (f) The rights and remedies provided by this section do not preclude an employee from pursuing any other rights and remedies under any other provisions of law. SECTION 2. Section of the Labor Code is amended to read: It is the intent of the Legislature that the provisions of this division, and the occupational safety and health standards and orders promulgated under this code, are applicable to proceedings against employers for the exclusive purpose of maintaining and enforcing employee safety. Neither the issuance of, or failure to issue, a citation by the division shall have any application to, nor be considered in, nor be admissible into, evidence in any personal injury or wrongful death action, except as between an employee and his or her own employer. Sections 452 and 669 of the Evidence Code shall apply to this division and to occupational safety and health standards adopted under this division in the same manner as any other statute, ordinance, or regulation. The testimony of employees of the division Training Mandates Study for the California Fire Service Page 70

71 shall not be admissible as expert opinion or with respect to the application of occupational safety and health standards. It is the intent of the Legislature that the amendments to this section enacted in the Regular Session shall not abrogate the holding in Brock v. State of California (1978) 8l Cal.App.3d 752. SECTION 3. Section 6309 of the Labor Code is amended to read: If the division learns or has reason to believe that any employment or place of employment is not safe or is injurious to the welfare of any employee, it may, of its own motion, or upon complaint, summarily investigate the same with or without notice or hearings. However, if the division secures a complaint from an employee, the employee's representative, including, but not limited to, an attorney, health or safety professional, union representative; or representative of a government agency, or an employer of an employee directly involved in an unsafe place of employment, that his or her employment or place of employment is not safe, it shall, with or without notice or hearing, summarily investigate the same as soon as possible, but not later than three working days after receipt of a complaint charging a serious violation, and not later than 14 calendar days after receipt of a complaint charging a nonserious violation. The division shall attempt to determine the period of time in the future that the complainant believes the unsafe condition may continue to exist, and shall allocate inspection resources so as to respond first to those situations in which time is of the essence. For purposes of this section, a complaint shall be deemed to allege a serious violation if the division determines that the complaint charges that there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations, or processes which have been adopted or are in use in a place of employment. When a complaint charging a serious violation is received from a state or local prosecutor, the division shall summarily investigate the employment or place of employment within 24 hours of receipt of the complaint. All other complaints shall be deemed to allege nonserious violations. The division may enter and serve any necessary order relative thereto. The division is not required to respond to any complaint within this period where, from the facts stated in the complaint, it determines that the complaint is intended to willfully harass an employer or is without any reasonable basis. The division shall keep complete and accurate records of any complaints, whether verbal or written, and shall inform the complainant, whenever his or her identity is known, of any action taken by the division in regard to the subject matter of the complaint, and the reasons for the action. The records of the division shall include the dates on which any action was taken on the complaint, or the reasons for not taking any action on the complaint. The division shall, pursuant to authorized regulations, conduct an informal review of any refusal by a representative of the division to issue a citation with respect to any alleged violation. The division shall furnish the employee or the representative of employees requesting the review a written statement of the reasons for the division's final disposition of the case. The name of any person who submits to the division a complaint regarding the unsafeness of an employment or place of employment shall be kept confidential by the division, unless that person requests otherwise. The requirements of this section shall not relieve the division of its requirement to inspect and assure that all places of employment are safe and healthful for employees. The division shall maintain the capability to receive and act upon complaints at all times. Training Mandates Study for the California Fire Service Page 71

72 SECTION 4. Section 6400 of the Labor Code is amended to read: (a) Every employer shall furnish employment and a place of employment that is safe and healthful for the employees therein. (b) On multiemployer worksites, both construction and nonconstruction, citations may be issued only to the following categories of employers when the division has evidence that an employee was exposed to a hazard in violation of any requirement enforceable by the division: (1) The employer whose employees were exposed to the hazard (the exposing employer). (2) The employer who actually created the hazard (the creating employer). (3) The employer who was responsible, by contract or through actual practice, for safety and health conditions on the worksite, which is the employer who had the authority for ensuring that the hazardous condition is corrected (the controlling employer). (4) The employer who had the responsibility for actually correcting the hazard (the correcting employer). The employers listed in paragraphs (2) to (4), inclusive, of this subdivision may be cited regardless of whether their own employees were exposed to the hazard. (c) It is the intent of the Legislature, in adding subdivision (b) to this section, to codify existing regulations with respect to the responsibility of employers at multiemployer worksites. Subdivision (b) of this section is declaratory of existing law and shall not be construed or interpreted as creating a new law or as modifying or changing an existing law. SECTION 5. Section 6423 of the Labor Code is amended to read: Except where another penalty is specifically provided, every employer and every officer, management official, or supervisor having direction, management, control, or custody of any employment, place of employment, or of any other employee, who does any of the following is guilty of a misdemeanor: (a) Knowingly or negligently violates any standard, order, or special order, or any provision of this division, or of any part thereof in, or authorized by, this part the violation of which is deemed to be a serious violation pursuant to Section (b) Repeatedly violates any standard, order, or special order, or provision of this division, or any part thereof in, or authorized by, this part, which repeated violation creates a real and apparent hazard to employees. (c) Fails or refuses to comply, after notification and expiration of any abatement period, with any such standard, order, special order, or provision of this division, or any part thereof, which failure or refusal creates a real and apparent hazard to employees. Training Mandates Study for the California Fire Service Page 72

73 (d) Directly or indirectly, knowingly induces another to commit any of the acts in subdivisions (a), (b), or (c). Any violation of subdivision (a) is punishable by imprisonment in the county jail for a period not to exceed six months, or by a fine not to exceed five thousand dollars ($5,000), or by both that imprisonment and fine. Any violation of the provisions of subdivision (b), (c), or (d) of this section is punishable by imprisonment in a county jail for a term not exceeding one year, or by a fine not exceeding fifteen thousand dollars ($15,000), or by both that imprisonment and fine. If the defendant is a corporation or a limited liability company, the fine may not exceed one hundred fifty thousand dollars ($150,000). (e) In determining the amount of fine to impose under this section, the court shall consider all relevant circumstances, including, but not limited to, the nature, circumstance, extent, and gravity of the violation, any prior history of violations by the defendant, the ability of the defendant to pay, and any other matters the court determines the interests of justice require. SECTION 6. Section 6425 of the Labor Code is amended to read: (a) Any employer and any employee having direction, management, control, or custody of any employment, place of employment, or of any other employee, who willfully violates any occupational safety or health standard, order, or special order, or Section of the Health and Safety Code, and that violation caused death to any employee, or caused permanent or prolonged impairment of the body of any employee, is guilty of a public offense punishable by imprisonment in a county jail for a term not exceeding one year, or by a fine not exceeding one hundred thousand dollars ($100,000), or by both that imprisonment and fine; or by imprisonment in the state prison for 16 months, or two or three years, or by a fine of not more than two hundred fifty thousand dollars ($250,000), or by both that imprisonment and fine; and in either case, if the defendant is a corporation or a limited liability company, the fine may not exceed one million five hundred thousand dollars ($1,500,000). (b) If the conviction is for a violation committed within seven years after a conviction under subdivision (b), (c), or (d) of Section 6423 or subdivision (c) of Section 6430, punishment shall be by imprisonment in state prison for a term of 16 months, two, or three years, or by a fine not exceeding two hundred fifty thousand dollars ($250,000), or by both that fine and imprisonment, but if the defendant is a corporation or limited liability company, the fine may not be less than five hundred thousand dollars ($500,000) or more than two million five hundred thousand dollars ($2,500,000). (c) If the conviction is for a violation committed within seven years after a first conviction of the defendent for any crime involving a violation of subdivision (a), punishment shall be by imprisonment in the state prison for two, three, or four years, or by a fine not exceeding two hundred fifty thousand dollars ($250,000), or by both that fine and imprisonment, but if the defendant is a corporation or a limited liability company, the fine shall not be less than one million dollars ($1,000,000) but may not exceed three million five hundred thousand dollars ($3,500,000). (d) In determining the amount of fine to be imposed under this section, the court shall consider all relevant circumstances, including, but not limited to, the nature, circumstance, extent, and gravity of the violation, any prior history of violations by the defendant, the ability of the defendant to pay, and any other matters the court determines the interests of justice require. Training Mandates Study for the California Fire Service Page 73

74 (e) As used in this section, "willfully" has the same definition as it has in Section 7 of the Penal Code. This subdivision is intended to be a codification of existing law. (f) This section does not prohibit a prosecution under Section 192 of the Penal Code. SECTION 7. Section 6428 of the Labor Code is amended to read: Any employer who violates any occupational safety or health standard, order, or special order, or Section of the Health and Safety Code, if that violation is a serious violation, shall be assessed a civil penalty of up to twenty-five thousand dollars ($25,000) for each violation. Employers who do not have an operative injury prevention program shall receive no adjustment for good faith of the employer or history of previous violations as provided in paragraphs (3) and (4) of subdivision (c) of Section SETION 8. Section 6429 of the Labor Code is amended to read: Any employer who willfully or repeatedly violates any occupational safety or health standard, order, or special order, or Section of the Health and Safety Code, may be assessed a civil penalty of not more than seventy thousand dollars ($70,000) for each violation, but in no case less than five thousand dollars ($5,000) for each willful violation. (b) Any employer who repeatedly violates any occupational safety or health standard, order, or special order, or of Section of the Health and Safety Code, shall not receive any adjustment of a penalty assessed pursuant to this section on the basis of the regulations promulgated pursuant to subdivision (c) of Section 6319 pertaining to the good faith of the employer or the history of previous violations of the employer. (c) The division shall preserve and maintain records of its investigations and inspections and citations for a period of not less than seven years. SECTION 9. Section 6430 of the Labor Code is amended to read: (a) Any employer who fails to correct a violation of any occupational safety or health standard, order, or special order, or Section of the Health and Safety Code, within the period permitted for its correction shall be assessed a civil penalty of not more than fifteen thousand dollars ($15,000) for each day during which the failure or violation continues. (b) Notwithstanding subdivision (a), for any employer who submits a signed statement affirming compliance with the abatement terms pursuant to Section 6320, and is found upon a reinspection not to have abated the violation, any adjustment to the civil penalty based on abatement shall be rescinded and the additional civil penalty assessed for failure to abate shall not be adjusted for good faith of the Training Mandates Study for the California Fire Service Page 74

75 employer or history of previous violations as provided in paragraphs (3) and (4) of subdivision (c) of Section (c) Notwithstanding subdivision (a), any employer who submits a signed statement affirming compliance with the abatement terms pursuant to subdivision (b) of Section 6320, and is found not to have abated the violation, is guilty of a public offense punishable by imprisonment in a county jail for a term not exceeding one year, or by a fine not exceeding thirty thousand dollars ($30,000), or by both that fine and imprisonment; but if the defendant is a corporation or a limited liability company the fine shall not exceed three hundred thousand dollars ($300,000). In determining the amount of the fine to be imposed under this section, the court shall consider all relevant circumstances, including, but not limited to, the nature, circumstance, extent, and gravity of the violation, any prior history of violations by the defendant, the ability of the defendant to pay, and any other matters the court determines the interests of justice require. Nothing in this section shall be construed to prevent prosecution under any law that may apply. SECTION 10. Section 6432 of the Labor Code is amended to read: (a) As used in this part, a "serious violation" shall be deemed to exist in a place of employment if there is a substantial probability that death or serious physical harm could result from a violation, including, but not limited to, circumstances where there is a substantial probability that either of the following could result in death or great bodily injury: (1) A serious exposure exceeding an established permissible exposure limit. (2) The existence of one or more practices, means, methods, operations, or processes which have been adopted or are in use, in the place of employment. (b) Notwithstanding subdivision (a), a serious violation shall not be deemed to exist if the employer can demonstrate that it did not, and could not with the exercise of reasonable diligence, know of the presence of the violation. (c) As used in this section, "substantial probability" refers not to the probability that an accident or exposure will occur as a result of the violation, but rather to the probability that death or serious physical harm will result assuming an accident or exposure occurs as a result of the violation. SECTION 11. Section 6434 of the Labor Code is amended to read: (a) Any civil or administrative penalty assessed pursuant to this chapter against a school district, county board of education, county superintendent of schools, charter school, community college district, California State University, University of California, or joint powers agency performing education functions shall be deposited with the Workplace Health and Safety Revolving Fund established pursuant to Section 78. (b) Any school district, county board of education, county superintendent of schools or charter school community college district, California State University, University of California, or joint powers agency Training Mandates Study for the California Fire Service Page 75

76 performing education functions may apply for a refund of their civil penalty, with interest, if all conditions previously cited have been abated, they have abated any other outstanding citation, and if they have not been cited by the division for a serious violation at the same school within two years of the date of the original violation. Funds not applied for within two years and six months of the time of the original violation shall be expended as provided for in Section 78 to assist schools in establishing effective occupational injury and illness prevention programs. SECTION 12. Section 6719 is added to the Labor Code, to read: The Legislature reaffirms its concern over the prevalence of repetitive motion injuries in the workplace and reaffirms the Occupational Safety and Health Standards Board's continuing duty to carry out Section SECTION 13. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. Training Mandates Study for the California Fire Service Page 76

77 Appendix J: SB 1207 Volunteer Firefighters SB 1207, VOLUNTEER FIREFIGHTERS (Chaptered) Chapter 807 Filed With Secretary Of State...October 13, 2001 Approved By Governor...October 12, 2001 Passed The Assembly...September 10, 2001 Passed The Senate...June 4, 2001 Introduced By Senator Romero...March 19, 2001 An act to amend Sections 6303 and of the Labor Code, relating to occupational safety and health. LEGISLATIVE COUNSEL'S DIGEST SB 1207, Romero. Occupational safety and health: Volunteer firefighters. Existing provisions of the California Occupational Safety and Health Act of 1973 define the terms "employee" and "employment." The definition of "employment" in existing law limits "employment" to work for hire. This bill would impose a state-mandated local program by including within these definitions, and thereby making the act applicable to, volunteer firefighters when covered by workers' compensation pursuant to provisions applicable to volunteer firefighters of specified volunteer fire departments that are wholly or partially supported by a county, city, or public district. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Training Mandates Study for the California Fire Service Page 77

78 THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1 Section 6303 of the Labor Code is amended to read: (a) "Place of employment" means any place, and the premises appurtenant thereto, where employment is carried on, except a place the health and safety jurisdiction over which is vested by law in, and actively exercised by, any state or federal agency other than the division. (b) "Employment" includes the carrying on of any trade, enterprise, project, industry, business, occupation, or work, including all excavation, demolition, and construction work, or any process or operation in any way related thereto, in which any person is engaged or permitted to work for hire, except household domestic service. "Employment," for purposes of this division only, also includes volunteer firefighting when covered by Division 4 (commencing with Section 3200) pursuant to Section SECTION 2 Section of the Labor Code is amended to read: "Employee" means every person who is required or directed by any employer to engage in any employment or to go to work or be at any time in any place of employment. "Employee" also includes volunteer firefighters covered by Division 4 (commencing with Section 3200) pursuant to Section SEC. 3. Notwithstanding Section of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund. Training Mandates Study for the California Fire Service Page 78

79 Appendix K: AB 1825 Sexual Harassment Training and Education AB 1825, SEXUAL HARASSMENT TRAINING AND EDUCATION (Chaptered) Chapter 933 Filed With Secretary Of State...September 30, 2004 Approved By Governor...September 29, 2004 Passed The Assembly...August 24, 2004 Passed The Senate...August 18, 2004 Amended In Senate...June 16, 2004 Amended In Assembly...May 20, 2004 Amended In Assembly...April 28, 2004 Amended In Assembly...March 24, 2004 Introduced by Assembly Member Reyes...January 20, 2004 An act to add Section to the Government Code, relating to employment practices. LEGISLATIVE COUNSEL'S DIGEST AB 1825, Reyes. Sexual harassment: training and education. Existing law makes certain specified employment practices unlawful, including the harassment of an employee directly by the employer or indirectly by agents of the employer with the employer's knowledge. Existing law further requires every employer to act to ensure a workplace free of sexual harassment by implementing certain minimum requirements, including posting sexual harassment information posters at the workplace and obtaining and making available an information sheet on sexual harassment. This bill would require employers with 50 or more employees to provide 2 hours of training and education to all supervisory employees, as specified, within one year of January 1, 2005, unless the employer has provided sexual harassment training and education to employees after January 1, The bill would require each employer to provide sexual harassment training and education to each supervisory employee once every 2 years, after January 1, The bill would require the state to incorporate this training into the 80 hours of training provided to all new supervisory employees, using existing resources. The bill would provide that a claim that the training and education did not reach a particular individual does not automatically result in the liability of an employer for sexual harassment and that an employer's compliance with these provisions does not insulate the employer from liability for sexual harassment of any current or former employee or applicant. The bill would specify that the statute establishes a minimum threshold for training and education and that employers may provide training and education beyond that required by the statute to prevent and correct sexual harassment and discrimination. Training Mandates Study for the California Fire Service Page 79

80 THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1 Section is added to the Government Code, to read: (a) By January 1, 2006, an employer having 50 or more employees shall provide at least two hours of classroom or other effective interactive training and education regarding sexual harassment to all supervisory employees who are employed as of July 1, 2005, and to all new supervisory employees within six months of their assumption of a supervisory position. Any employer who has provided this training and education to a supervisory employee after January 1, 2003, is not required to provide training and education by the January 1, 2006, deadline. After January 1, 2006, each employer covered by this section shall provide sexual harassment training and education to each supervisory employee once every two years. The training and education required by this section shall include information and practical guidance regarding the federal and state statutory provisions concerning the prohibition against and the prevention and correction of sexual harassment and the remedies available to victims of sexual harassment in employment. The training and education shall also include practical examples aimed at instructing supervisors in the prevention of harassment, discrimination, and retaliation, and shall be presented by trainers or educators with knowledge and expertise in the prevention of harassment, discrimination, and retaliation. (b) The state shall incorporate the training required by subdivision (a) into the 80 hours of training provided to all new supervisory employees pursuant to subdivision (b) of Section of the Government Code, using existing resources. (c) For purposes of this section only, "employer" means any person regularly employing 50 or more persons or regularly receiving the services of 50 or more persons providing services pursuant to a contract, or any person acting as an agent of an employer, directlyor indirectly, the state, or any political or civil subdivision of the state, and cities. (d) Notwithstanding subdivisions (j) and (k) of Section 12940, a claim that the training and education required by this section did not reach a particular individual or individuals shall not in and of itself result in the liability of any employer to any present orformer employee or applicant in any action alleging sexualharassment. Conversely, an employer's compliance with this sectiondoes not insulate the employer from liability for sexual harassment of any current or former employee or applicant. (e) If an employer violates the requirements of this section, the commission shall issue an order requiring the employer to comply with these requirements. (f) The training and education required by this section is intended to establish a minimum threshold and should not discourage or relieve any employer from providing for longer, more frequent, or more elaborate training and education regarding workplace harassment or other forms of unlawful discrimination in order to meet its obligations to take all reasonable steps necessary to prevent and correct harassment and discrimination. Training Mandates Study for the California Fire Service Page 80

81 Appendix L: Police Officer Standards and Training (POST) Mandates LAW SECTION HOURS COURSE TITLE * = requires POST certification REQUIRED FOR OTHER PERTINENT INFORMATION Bold type = POST specified curriculum in Regulation B&P Alcoholic Beverage Control, Narcotic Enforcement Narcotic Investigation Course* and Narcotic Investigation Field Training Program (see information in Reg. 1081) All peace officer investigators of the Department of Alcoholic Beverage Control. The 160 hours of training is satisfied by combination of the 80-hour POST certified Narcotics Investigation Course* plus the 80-hour Narcotics Investigation Field Training Program. POST curriculum specified for the Narcotic Investigation Course only. *The Narcotics Inv. Course may be satisfied by a single training course, or by completion of two or more POSTcertified courses (totaling a minimum of 80 hours) which include the Narcotic. Inv. curriculum. POST curriculum required. Refer to Regulation 1081 for information on Narcotic Inv. Field Training Programs. PC Arrest and Firearms* (comprised of two modules Arrest Module (40 hours), and Firearms Module (24 hours). All peace officers described in Chapter 4.5 of the Penal Code. This requirement must be met prior to the exercise of the powers of a peace officer. Training can be satisfied by a standalone course or completion of a larger course which includes the Arrest and Firearms curriculum and testing, e.g. Regular Basic Course. POST reserves the right to make this determination. IVD format is available and meets the requirements. Refer to Regulation 1080 for 3-year rule on this training. POST curriculum specified. Training Mandates Study for the California Fire Service Page 81

82 PC Aviation Security* Any airport policeman, or of a city, county, city and county or district must complete within 90 days of hire or shall not continue to have peace officer powers after 90 days until satisfactory completion. Hours were increased to 40 effective August 1, POST curriculum specified. PC Basic Course (Regular)* Entry level requirement for all peace officers in the POST program except Level II and Level III reserve officers, custodial deputy sheriffs appointed pursuant to 830.1(c), coroners, and peace officers whose primary duties are investigative (Reg. 1005). This requirement must be met prior to the exercise of the powers of a peace officer. There is a waiver process for the Regular Basic Course. There is a 3-year rule and 6-year rule for requalification specified in Commission Regulation POST curriculum specified. Cal OSHA Regulation 5193 See Cal OSHA reg. Bloodborne Pathogens (LD34) All public and private employees who are exposed to blood in the workplace. Training included in the Regular Basic Course (RBC). Annual refresher training required. PC 832 (school police reserves) PC832.3(g) (school police) 32 Campus Law Enforcement School police reserve officers and school police officers. School police first employed by a K- 12 public school district or CA Comm. College district before must complete no later than Other school police must complete within 2 years of hire date. No deadline specified for school police reserve officers. POST curriculum specified. H&S Carcinogenic Materials (LD41) POST requires for all peace officers who must complete the Regular Basic Course. Curriculum included in the Regular Basic Course and SIBC. POST curriculum specified. Training Mandates Study for the California Fire Service Page 82

83 PC Chemical Agents (LD 35) All peace officers as defined in Chapter 4.5 of Title 3 of Part 2 commencing with Penal Code 830. Completion of this training is required for peace officers purchasing, possessing, transporting, or using tear gas or a tear gas weapon. PC Module A Module B Training which satisfies the requirements of PC for peace officers who will be using aerosol chemical agents and who are expected to use a gas mask in a chemical environment is included in the Regular Basic Course and SIBC (referred to as Modules A & B in Regulation 1081). PC Module C The addition of a Module C (as specified in Reg. 1081) satisfies the training requirement for peace officers responsible for the deployment of tactical chemical agent munitions. These modules, A B & C, refer to the structure of the training and are in no way associated with reserve training modules. POST curriculum specified. PC Child Abuse Investigation (LD 30) Mandates Commission to include training in the Basic Course by July 1, Any individual completing the Regular Basic Course after this date has completed the training. No mandate placed on officers. Included in the Regular Basic Course and SIBC. POST curriculum specified. PC Developmental Disabilities and Mental Illness (LD 37) Mandates Commission to include training in the Basic Course by July 1, Any individual completing the Regular Basic Course after this date has completed the training. Included in the Regular Basic Course and SIBC. POST curriculum specified. Training Mandates Study for the California Fire Service Page 83

84 PC Mental Illness and Developmental Disabilities Continuing training for peace officers, but not mandated. POST curriculum specified. GC 8607 Disaster Response All emergency response personnel The Office of Emergency Services mandated to develop course in coordination with POST and others. No POST curriculum specified. PC Domestic Violence* (LD25) Mandates Commission to include training in the Basic Course. Included in the Regular Basic Course and SIBC. Officers who did not complete in Basic Course must complete supplementary training. Mandates various classifications of peace officers to complete training by certain dates (see PC 13519). Obsolete now because time periods have expired. Prior to January 1, 1986, peace officers who did not complete in the Regular Basic Course were required to complete supplementary training with various deadlines depending on individual s peace officer category. POST curriculum specified. PC 13519(g) 2 Domestic Violence Update Each law enforcement officer below the rank of supervisor who is assigned to patrol duties and would normally respond to domestic violence shall complete every two years. For all other officers local law enforcement agencies are encouraged to include update training but not mandatory. Update training available as a POST-certified course. POST curriculum specified. PC Elder and Dependent Adult Abuse* Every city police officer or deputy sheriff at a supervisory level or below who is assigned field or investigative duties shall complete within 18 months of assignment. Incumbent officers who have previously satisfied the elder abuse training, must now complete supplementary training on dependent adult abuse, if the officer is still assigned to field or investigative duties. POST curriculum specified. Training Mandates Study for the California Fire Service Page 84

85 PC First Aid/CPR Every city police officer, sheriff or deputy, marshal or deputy, CHP officer, or police officer of a district authorized by statute to maintain a police department, except those whose duties are primarily clerical or administrative. Included in the Regular Basic Course and SIBC. Curriculum standards set by Emergency Medical Services Authority (EMSA) (Reference California Code of Regulations, Title 22, Division 9, Chapter 1.5, sections ) Mandates the Commission to include training in the Basic Course. PC 13518(a) 12 First Aid/CPR Refresher (LD 34) Peace officers subject to initial training shall complete refresher training. Frequency and content as prescribed by EMSA. PC No hours specified Gang and Drug Enforcement (LD12, 38) Mandates the Commission to implement course of training. Statute specifies training is for appropriate officers. Included in the Regular Basic Course and SIBC. Also available as POST Telecourse training. Other POSTcertified technical training available. No deadline specified for completion. No POST curriculum specified. PC Hate Crimes (LD 42) Mandates the Commission to include training in the Regular Basic Course. Specifically states that training is for peace officers designated in and Included in the Regular Basic Course and SIBC. No deadline specified for completion. No POST curriculum specified. CF (q)(6) Set by OES Hazardous Materials Response Training mandate varies based on the duties and functions of the responder in an emergency response organization. OES sets hour and curriculum standards for training. No POST curriculum specified. Training Mandates Study for the California Fire Service Page 85

86 PC 872(b) 1 Hearsay Testimony* (LD 17) All peace officers with less than five years of service and who wish to testify to hearsay evidence in preliminary hearings. Included in the Regular Basic Course and SIBC. Also available in video training. POST curriculum specified. PC High Technology Crimes* City police and deputy sheriff supervisors assigned to field or investigative duties. Must be completed by or within 18 months of assignment to supervisory duties. POST curriculum specified. PC Interception of Wire, Pager, and Cellular Communications Those who apply for orders authorizing the interception of private wire, electronic digital pager, or cellular (see statute) Training not developed. VC Laser Operator* Peace officers issuing speed violation citations using laser or any other electronic speed measuring devices and where a traffic and engineering survey is beyond five years. Prerequisite Radar Operator Course. POST curriculum specified. PC or 2 in service Missing Persons* (LD 27) Peace officers and dispatchers of a local police department, sheriff s department or California Highway Patrol Included in the Regular Basic Course and P.S. Dispatcher s Basic Course. If Regular Basic Course or Public Safety Dispatcher s Basic Course was completed prior to , completion of supplementary in-service training is required. POST curriculum specified. VC Radar Operator* Peace officers issuing speed violation citations using radar speed measuring devices and where a traffic and engineering survey is beyond five years. POST curriculum specified. Training Mandates Study for the California Fire Service Page 86

87 PC (a) No hours specified Racial and Cultural Diversity (LD42) All peace officers specified in Penal Code section 13510(a) [Note: this includes reserves]. Racial and Cultural Diversity is included in the Regular Basic Course and SIBC. A POST-certified Cultural Diversity Course is offered for officers who did not receive training in the Regular Basic Course. No POST curriculum specified. PC (f) 5 Racial Profiling* All law enforcement officers Incumbent officers are suggested to complete by July Included in Regular Basic Course after POST curriculum specified. PC (i) 2 Racial Profiling Refresher* All peace officers specified in Penal Code section 13510(a) [Note this includes reserves]. Required every five years or on a more frequent basis if deemed necessary, in order to keep current with changing racial and cultural trends. POST curriculum specified. PC LI Reserve Level I Module* Level I Reserve officers must complete all three modules (730 hours) or the Regular Basic Course. Level II Reserve officers must complete Reserve Level II and III Modules (390 hours). Reserve Level III officers must complete Reserve Level III Module (162 hours). Training must be completed before being assigned duties which include the exercise of peace officer powers. POST curriculum specified. 228 LII Reserve Level II Module* 162 LIII Reserve Level III Module (2 parts)* Training Mandates Study for the California Fire Service Page 87

88 PC 13516(c) 40 Sexual Assault Investigation* (LD 30) Investigator specialists who handle cases of sexual exploitation or sexual abuse of children within 6 months of the date of assignment. Partial curriculum included in the Regular Basic Course and SIBC, but does not satisfy mandate for specialists. POST curriculum specified. PC (b) 2 Sexual Harassment* (LD 42) Peace officers who completed the Regular Basic Course before January 1, 1995, shall complete supplementary training. Included in the Regular Basic Course and SIBC. PC (c) Supplementary training is available for peace officers who did not complete in the Regular Basic Course. POST curriculum specified. PC (b)(1) 16 Shotgun (Long/Short Barrel) (LD 35) [see comment A] Peace officers of local police departments, sheriffs departments, marshals departments, California Highway Patrol or Department of Justice and reserve officers of these departments. Comment A This training requirement is satisfied by completing the Regular Basic Course or Reserve Training Modules I or II. Previously satisfied by now obsolete Reserve Modules A, B, C, and D. 16 Rifle (Long/Short Barrel) [see comment B] Completion of this training exempts these officers from the provisions of PC12020(a). Comment B Prerequisite for Rifle training is completion of the Regular Basic Course or Reserve Training Modules I, II and III, or Reserve Modules A, B, C, and D. POST curriculum specified. PC Stalking Course* Peace officers of local police departments, sheriff s dept., Dept. of Parks & Recreation, Universities of CA, CA State Univ. Also peace officers defined in PC (d) and (a & b). POST curriculum specified. Training Mandates Study for the California Fire Service Page 88

89 PC Sudden Death of Infants, Investigation of* (LD 30) All peace officers specified in PC13510 (a), who are assigned to patrol or investigations. Included in the Regular Basic Course and SIBC. Supplementary training required for in-service officers who did not receive in the Basic Course. POST curriculum specified. PC (a) 2 Vehicle Pursuit Training I* (LD 19) Peace officers of a local police department, sheriff s department or California Highway Patrol who are below middle management rank and who completed the Regular Basic Course prior to Included in the Regular Basic Course. Penal Code encourages periodic update training. POST curriculum specified. PC (c) 1 Vehicle Pursuit Training II* Middle managers and above of local police departments, sheriff departments or California Highway Patrol who completed the Regular Basic Course prior to This training can be satisfied by completion of either High Speed Vehicle Pursuit Training I or II. POST curriculum specified. Training Mandates Study for the California Fire Service Page 89