HE ONE TO THE ASSEMBLY COMMITTEE
ON LABOR AND EMPLOYMENT HEARING.
ON CHALLENGES TO LABOR LAW
ENFORCEMENT. TODAY WE WILL HEAR
AN OVERVIEW OF CALIFORNIA'S
CURRENT ENFORCEMENT PROGRAM FOR
HEALTH AND SAFETY STANDARDS AND
WAGE AND HOUR LAWS WERE ALSO
HEAR FROM WORKERS AND
STAKEHOLDERS ON CHALLENGES TO
THE ENFORCEMENT OF THESE
CRITICAL LAWS. THE LAST PANEL
WILL FOCUS ON STRATEGIES TO
ADDRESS THESE CHALLENGES. AND
WE'LL WRAP UP TODAY'S HEARING
WITH AN OPPORTUNITY FOR PUBLIC
COMMENT. AS CHAIR OF THE
ASSEMBLY COMMITTEE ON LABOR AND
EMPLOYMENT. I'M VERY CONCERNED
ABOUT OUR INABILITY AS A STATE
TO EFFECTIVELY ENFORCE BASIC
WORKER PROTECTIONS THAT WERE
LONG FOUGHT FOR CAN HAVE AMAZING
LAWS IN THE BOOKS AND I THINK IN
MANY WAYS WE DO CERTAINLY IF YOU
LOOK NATURALLY, I THINK
CALIFORNIA SETS THE STANDARD. IN
MANY CASES ON WORKER PROTECTIONS
, HOWEVER, ABSENT TIMELY AND
STRATEGIC ENFORCEMENT. THESE
LAWS ARE OFTENTIMES RENDERED
MEANINGLESS. IN ADDITION, WE
HAVE TO FIGURE OUT A WAY TO
SPEED UP THE IMPLEMENTATION
PROCESS FOR OUR WORKPLACE HEALTH
AND SAFETY STANDARDS. WE CANNOT
CONTINUE TO ASK WORKERS TO WAIT
YEARS FOR A FRAMEWORK TO ADDRESS
INTOLERABLE WORKING CONDITIONS
SUCH AS DANGEROUSLY HIGH
TEMPERATURES AMONGST MANY OTHER
ISSUES THAT HAVE BEEN PREVALENT
NOT JUST IN RECENT MEMORY. BUT
IN MANY CASES FOR MANY, MANY
YEARS. UH AND YOU KNOW THAT
THESE HEARINGS AND WE'VE DONE A
NUMBER OF INFORMATIONAL HEARINGS
OVER THE YEARS AND OFTENTIMES IT
DOES LEAD, UM TO LEGISLATION OR
IDEAS OR CONVERSATIONS THAT THAT
OF THAT HELP OUR WORKERS AND
EMPLOYERS COMPLY WITH THE LAW
AND DO SO IN A MANNER THAT UM,
THAT I BELIEVE MOVES ALL OF US
FORWARD. AND SO AS WE HAVE THESE
CONVERSATIONS, REALLY, THE END
GOAL IS CERTAINLY UM, TO ASK
TOUGH QUESTIONS, BUT THE BUT
REALLY THE END GOAL IS TO FIND A
PATH FORWARD TO MAKE SURE WE'RE
DOING AS MUCH AS WE POSSIBLY CAN
TO PROTECT WORKERS. I KNOW
THAT'S THE GOAL, UM, OF EVERYONE
THAT WILL BE SPEAKING BEFORE US
THIS AFTERNOON. AND SO, UM. I'D
LIKE TO START WITH, UH, THE
PANEL ON OH, AND BY THE WAY, I
KNOW THAT I'M HERE AS CHAIR OF
LABOR COMMITTEE OR OTHER
COMMITTEE MEMBERS ARE IN THEIR
DISTRICTS AND DOING OTHER
CONSTITUENT WORK IS AND OTHER
POLICY WORK. BUT THIS IS
SOMETHING THAT I KNOW THEIR
STAFFS AND OF COURSE, GETS
STREAMED AND GETS SAVED AND
THESE ARE THE KINDS OF
CONVERSATIONS AND ESPECIALLY
SOME OF THE EXPERTISE WE'RE
GONNA HEAR FROM PANELISTS THAT
DO GO A LONG WAY IN HELPING TO
INFORM OUR COMMITTEE MEMBERS AND
ULTIMATELY THE LEGISLATURE ON
THESE CRITICAL ISSUES. UM AND SO
THE FIRST PANEL WILL BE AN
OVERVIEW IN FOURTH OF
ENFORCEMENT. AND SO I'D LIKE TO
ASK THE PANELISTS TO JOIN US UP
HERE NEXT TO THE PODIUM. WE HAVE
OUR CHIEF OF CAL OSHA JEFF
PHILIP. AND DEBRA LEE, THE
DEPUTY DEPUTY CHIEF OF
ENFORCEMENT. UM ALONG WITH LILIA
GARCIA BROWER, LABOR
COMMISSIONER. AND, UM. OKAY UM
CHAZ ALAMO, PRINCIPAL ANALYST
WITH LEGISLATIVE ANALYST'S
OFFICE, AND MATTHEW GOLDBERG,
CHIEF OF WORKER PROTECTION TEAM
AT THE SAN FRANCISCO CITY
ATTORNEY'S OFFICE. VERY
ILLUSTRIOUS PANEL. UM AND WE'LL
GO AHEAD AND START WITH WITH
JEFF PHILIP AND DEBRA LEE. THEY
MAY YOU MAY GO AHEAD AND BEGIN
WHENEVER YOU'RE READY. SOME OF
THEM PUT THE MIC BUTTON. GOOD
AFTERNOON, MR CHAIR MEMBERS OF
THIS COMMITTEE I'M CALISTA CHIEF
JEFF PHILIP. THANK YOU FOR THE
OPPORTUNITY TO SHARE WITH YOU.
SOME OF OUR STRATEGIES TO
IMPROVE OUR ENFORCEMENT,
CONSULTATION, OUTREACH AND
REGULATORY OPERATIONS. THESE
INCLUDE SCALING UP OUR HIRING
EFFORTS. IDENTIFYING
OPPORTUNITIES FOR ORGANIZATIONAL
IMPROVEMENTS. THROUGH AUTOMATION
AND FOSTERING COLLABORATION.
BUILDING RELATIONSHIPS WITH
COMMUNITY PARTNERS. WITH ME
TODAY ARE DEBRA LEE CALLUSES
DEPUTY CHIEF OF ENFORCEMENT, AND
ERIK BERG, DEPUTY CHIEF OF
HEALTH. HIRING IS A TOP PRIORITY
FOR D I R. AND FOR CAL OSHA. UM
PLEASED TO REPORT WE'VE MADE
SUBSTANTIAL PROGRESS IN HIRING
OVER THE LAST THREE YEARS. WE
HIRED 31 STAFF IN 2020. 72 2021
89 THROUGH OCTOBER OF THIS YEAR
ALREADY WITH OVER 300
RECRUITMENT SPENDING. THANKFULLY
WE'VE ALSO ADDED HUNDREDS OF NEW
POSITIONS FROM LEGISLATIVE AND
PROGRAM. WHY'D YOU CHANGE
PROPOSALS? AUTOMATED OUR PRIOR
MANUAL HIRING EXAMINATION
PROCESS. AND EXPANDED EXTENSIVE
OUTREACH RECRUITMENT. INCLUDING
AT CAREER FAIRS, CONFERENCES BY
ADVERTISING ON SOCIAL MEDIA AND
IN TRADE PUBLICATIONS AND ON OUR
WEBSITE. WE'RE ABOUT TO LAUNCH
OUR CAL OSHA RECRUITMENT VIDEO
AND ARE EXPLORING INTERNSHIP AND
APPRENTICESHIP PROGRAM
OPPORTUNITIES TO FILL THESE
VACANCIES. I SHOULD MENTION SOME
CHALLENGES, THOUGH THE HIRING
LIKE MANY OTHER BUSINESSES
TODAY, CAL OSHA CONTINUES TO
EXPERIENCE MORE SEPARATIONS AND
HAS A SURGE OF RETIREMENTS.
THANK YOU. WITH AN AGING
WORKFORCE. WE'RE FILLING MANY
POSITIONS WITH INTERNAL
CANDIDATES. WHICH IS GREAT FOR
INTERNAL PROFESSIONAL
DEVELOPMENT, BUT IT BASICALLY
SHIFTS THE VACANCY THAT WE HAVE
TO FILL. IT ALSO TAKES TIME TO
FIND GREAT CANDIDATES, SINCE
THERE'S A HIGH DEMAND FOR
OCCUPATIONAL SAFETY AND HEALTH
PROFESSIONALS, ESPECIALLY FOR
INDUSTRIAL HYGIENIST. ANOTHER
ONE OF OUR GOALS. CALLUSES TO
BECOME MORE EFFECTIVE, EFFICIENT
AND SMARTER. SAFEGUARDING THE
SAFETY AND HEALTH OF WORKERS
THROUGHOUT THE STATE. A STRONG
LEADERSHIP TEAM IS IMPORTANT AND
WE'RE FINALLY AT A POINT WHERE
CAL OSHA HAS A FULL EXECUTIVE
TEAM. WE'RE CURRENTLY
REORGANIZING OUR RESEARCH AND
STANDARDS TEAM AND LOOKING AT
WAYS TO STREAMLINE OUR WORK ON
RULE MAKING PROJECTS. OUR
CURRENT DATA COLLECTION PROCESS.
IS PAPER BASED AND REQUIRES
MANUAL INPUTTING, WHICH IS
INEFFICIENT, AND IT CREATES DATA
LIMITATIONS. TO MODERNIZE AND
IMPROVE DATA COLLECTION AND
USAGE. WE'RE IN THE SECOND PHASE
OF AN AUTOMATION PROJECT.
CURRENTLY SOME DATA THAT'S
USEFUL FOR OUR DECISION MAKING
IS NOT COLLECTED OR NOT
ACCESSIBLE BECAUSE OF OUR
ANTIQUATED PAPER BASED DATA
SYSTEM AND AUTOMATION WILL
CORRECT THIS PROBLEM. ONE LESSON
THAT WE'VE LEARNED DURING THE
PANDEMIC IS WE CAN'T DO THIS
ALONE. AND ONE OF MY GOALS IS
CHEAP IS TO LOOK AT CREATIVE
WAYS TO STRENGTHEN COLLABORATIVE
PARTNERSHIPS WITH BUSINESS,
LABOR, ADVOCACY GROUPS,
COMMUNITY BASED ORGANIZATIONS
AND OTHER STAKEHOLDERS. FOR
EXAMPLE, SEVERAL WEEKS AGO. MY
TEAM AND I MET WITH ADVOCACY
GROUPS FOR INDIGENOUS
AGRICULTURE WORKERS IN FRESNO
MADERA. AND WE HEARD ABOUT
WORKER SAFETY COMPLAINTS AND WE
DISCUSSED OPPORTUNITIES TO
IMPROVE OUR ENFORCEMENT THROUGH
COLLABORATION. WE ALSO INFORM
THEM ABOUT WORKER RIGHTS AND
SHARED INFORMATION ABOUT HOW TO
FILE COMPLAINTS. WE ALSO WANT TO
BUILD OUR AND ENHANCE OUR
BILINGUAL CAL OSHA TEAM.
ALTHOUGH WE'VE GOT NUMEROUS
BILINGUAL STAFF WERE LURKING,
LOOKING TO HIRE MORE AND
THANKFULLY, WITH ADDITIONAL
FUNDING FROM THE LEGISLATURE,
CALLUSES HIRING FOR MORE
BILINGUAL COMMUNITY. ENGAGEMENT
LIAISONS AND A MANAGER TO HELP
REACH WORKERS WHOSE SPEAK
LANGUAGES OTHER THAN ENGLISH.
OVER THE LAST TWO YEARS,
CALIFORNIA'S HAVE FACED
UNPRECEDENTED HEALTH AND SAFETY
CHALLENGES IN THE WORKPLACE,
INCLUDING FROM EXTREME HEAT AND
WILDFIRE. SMOKE EXPOSURE. COVID
19 PANDEMIC UNDERSCORED THE NEED
FOR US TO CONTINUE TO BE
PROACTIVE IN MITIGATING
EXPOSURES IN THE WORKPLACE. CAL
OSHA WILL CONTINUE TO BUILD ITS
ENFORCEMENT, CONSULTATION,
OUTREACH AND REGULATORY CAPACITY
TO PROMOTE WORKPLACE SAFETY AND
HEALTH, INCLUDING FOR VULNERABLE
WORKERS. AND BEFORE I HAND THIS
OVER TO MY COLLEAGUE, DEBORAH
LEE, DEPUTY CHIEF OF ENFORCEMENT
. I JUST WANT TO TAKE A MOMENT
TO RECOGNIZE THE IMPRESSIVE CAL
OSHA TEAM AND TO THANK EACH ONE
OF THEM FOR THEIR UNWAVERING
COMMITMENT TO OUR MISSION. AND
I'M HAPPY TO TAKE QUESTIONS.
THANK YOU.
HOW ABOUT THAT? GOOD AFTERNOON,
MR CHAIRMAN AND MEMBERS OF THIS
COMMITTEE. THANK YOU FOR THIS
OPPORTUNITY TO SPEAK WITH YOU
ABOUT CAL OSHA'S WORK TO PROTECT
THE HEALTH AND SAFETY OF WORKERS
. MY NAME IS GENERALLY AND I
SERVED AS THE DEPUTY CHIEF OF
ENFORCEMENT FOR CARL OSHA. I
BEGAN MY CAREER WITH CAL OSHA
OVER 25 YEARS AGO WHEN I STARTED
AS AN INDUSTRIAL HYGIENIST. TO
PROVIDE SOME BACKGROUND
INITIATES INVESTIGATIONS IN
THREE WAYS. ONE THROUGH A
COMPLAINT PROCESS. ANYONE CAN
FILE A COMPLAINT BY CONTACTING
ANYONE OF OUR 17 DISTRICT
OFFICES. SECOND IS THROUGH
REPORTS OF WORKPLACE INJURIES
AND ILLNESSES. AND BY LAW,
EMPLOYERS ARE REQUIRED TO REPORT
ANY WORKPLACE RELATED FATALITY,
HOSPITALIZATION, SERIOUS INJURY
AND SERIOUS ILLNESS TO CAL OSHA
THIRD IS PROACTIVE
INVESTIGATIONS. THESE ARE
TARGETED INSPECTIONS. INFORMED
BY INJURY AND ILLNESS RATES AS
WELL AS GEOGRAPHICAL
INFORMATION. CAL OSHA INSPECTORS
CONDUCT WORKPLACE INSPECTIONS TO
IDENTIFY HAZARD AND EDUCATE
EMPLOYERS ON WAYS TO QUICKLY
ABATE THE HAZARDS. SOME
CHALLENGES THAT WE FACE AND
ENFORCEMENT. ARE ONE WORKERS
FEAR OF RETALIATION FOR SPEAKING
TO INSPECTORS TO MULTIPLE
EMPLOYERS FOR ONE EMPLOYEE AND
THREE ESTABLISHING THE EMPLOYER
EMPLOYEE RELATIONSHIP. AND FOUR
INACTIVE OPERATIONS. WHICH
REQUIRES COLLAGES STAFF TO
RETURN TO THE SITE WHEN THE
OPERATIONS ARE RESUME AND FIFTH
. THE DIVISIONS LACK OF
AUTOMATION TOOLS FOR ITS STAFF.
AS CHIEF CALEB JUST MENTIONED
WE'RE WORKING HARD ON ADDRESSING
THAT CHALLENGE. OPEN OVER 6000
INSPECTIONS DOING THE CALENDAR
YEAR OF 2020, WHICH RESULTED IN
THE COVERAGE OF OVER A MILLION
EMPLOYEES AND RESULTED IN THE
ISSUANCE OF OVER $40 MILLION IN
PENALTIES. OPEN 5495 INSPECTIONS
DURING THE CALENDAR YEAR OF 2021
, WHICH COVERED OVER 440,000
WORKERS. AND RESULTED IN THE
ISSUANCE OF OVER $33 MILLION IN
PENALTIES. BETWEEN JANUARY 1ST
OF 2022 OCTOBER 25TH 2022 TO
OPEN 5362 INSPECTIONS, WHICH
COVERED OVER 340,000 WORKERS.
AND RESULTED IN THE ISSUANCE OF
OVER 15. MILLION DOLLARS IN
PENALTIES SO FAR. UM, WE
ANTICIPATE THAT THE TOTAL NUMBER
OF INSPECTIONS WILL EXCEED 2021.
AND THE PENALTIES WILL INCREASE
ALMOST 39% OF THE 5362
INSPECTIONS ARE STILL PENDING
COMPLETION. THE TOP FOUR
INDUSTRIES INSPECTED DOING 2020
THROUGH 2022 WERE CONSTRUCTION,
MANUFACTURING, AGRICULTURE AND
ADMINISTRATIVE SUPPORT AND WASTE
MANAGEMENT SERVICES. HELLO. SHE
RELIES ON TWO PROGRAMS TO
DEVELOP STRATEGIC INSPECTION.
PLANT ONE IS OUR EMPHASIS
PROGRAMS. THESE PROGRAMS FOCUSES
CARLOS IS RESOURCES ON
PARTICULAR HAZARDS AND HIGH
HAZARD INDUSTRIES. THESE
PROGRAMS ARE DESIGNED USING
INSPECTION, DATA INJURY AND
ILLNESS RATE DATA. AND OTHER
AVAILABLE INFORMATION. FOR
EXAMPLE, PRIOR TO THE PANDEMIC,
WE, UM WE SAW AN INCREASE IN
SILICOSIS IN COUNTERTOP WORKERS
UNDER THE AGE OF 40. INITIATED A
SILICA COUNTERTOP. SPECIAL
EMPHASIS PROGRAM AND INSPECTED
OVER 100 EMPLOYERS. WHICH
COVERED OVER 1500 WORKERS AND
RESULTED IN THE ISSUANCE OF OVER
$1.8 MILLION IN PENALTIES. THE
SECOND PROGRAM THAT WE HAVE IS
THE HIGH HAZARD INDUSTRY
PROGRAM. THIS PROGRAM THROUGH
THIS PROGRAM. CALLUSES HIGH
HAZARD UNIT INSPECTS EMPLOYERS
WITH THE HIGHEST INCIDENT RATES
OF PREVENTABLE OCCUPATIONAL
INJURY AND ILLNESS AND WORKERS
COMP LOSSES. LASTLY I WOULD
TALK. I WOULD LIKE TO TALK WITH
YOU ABOUT HIRING. DECREASING OUR
VACANCY RATE AND THE ENFORCEMENT
BRANCH IS TOP PRIORITY. WE HAVE
MADE CONSIDERABLE PROGRESS IN
2021. WE HIRED 59 NEW
ENFORCEMENT STAFF. THIS YEAR. WE
HAVE HIRED 41 SO FAR. WE ARE
COMMITTED TO BUILDING A ROBUST
ENFORCEMENT TEAM OF
PROFESSIONALS WITH SKILLS AND
EXPERTISE AND PUBLIC HEALTH.
SAFETY AND INDUSTRIAL HYGIENIST
TO CARRY OUT TO CAL OSHA MISSION
TO PROTECT AND EDUCATE WORKERS
AND EMPLOYERS WOULD LIKE TO
THANK YOU FOR THIS OPPORTUNITY
TO SHARE THE WORK OF THE CALLUS
ENFORCEMENT BRANCH. THANK YOU SO
MUCH. AND YOU KNOW MY IN MY
YEARS IN THE LEGISLATURE, I'VE
NEVER FOUND THAT CAL OSHA HAVE
ALWAYS FOUND THAT CAL OSHA. UM
AND WORKING WITH CARLOS IS
ALWAYS HAVE BEEN VERY PRODUCTIVE
. I THINK THERE'S ALWAYS THE
DESIRE TO DO EVERYTHING POSSIBLE
. THE QUESTION IS WHAT THE
CAPACITY IS. AND SO IT'S VERY
ENCOURAGING. TO HEAR, UM, THE
HIRING THAT'S BEEN OCCURRING
OVER THE LAST COUPLE YEARS. BUT
WE ALL KNOW THAT THERE'S STILL
MORE THAT IT'S GIVEN THE SIZE OF
OUR OUR STATE. YOU KNOW, I THINK
THAT WE DO KNOW THAT THERE'S
MORE BUT I MORE HIRING, UM,
NEEDED, BUT WE ALSO KNOW THAT
THAT'S PART OF WHAT IS THE
CHALLENGE COMPETING WITH THE
PRIVATE SECTOR. AND WHAT HAVE
YOU AND THAT'S WHERE YOU KNOW
ANY SUGGESTIONS IN TERMS OF
WHETHER IT'S LEGISLATIVELY OR
THROUGH BUDGET INCENTIVES THAT
COULD BE DONE TO MAKE IT MORE
ATTRACTIVE. ESPECIALLY FOR THOSE
COMING OUT OF COLLEGE. WHAT HAVE
YOU TO MAKE IT AS ATTRACTIVE AS
POSSIBLE? BECAUSE I THINK ONCE
FOLKS START WORKING, UM IN
PUBLIC SERVICE, I THINK THEY
GENERALLY FIND IT PRETTY
REWARDING AND END UP FINDING
GREAT CAREERS. THE QUESTION IS
GETTING IS GETTING THROUGH IT
THROUGH THE DOOR. UH AND SO I'M
I'M ENCOURAGED BY THE INCREASED
HIRING. HOWEVER THERE'S NO DOUBT
THAT THERE'S MORE THAT NEEDS TO
BE DONE. AND THAT'S REALLY WHERE
WE'RE ALL EARS IN TERMS OF HIS
ANYTHING WE CAN DO FROM OUR
POSITION TO MAKE IT MORE HELP
FOR WORKING WITH THE GOVERNOR.
THE GOVERNOR'S OFFICE CERTAINLY
IN TERMS OF BUDGETARY OR
INCENTIVE BASED TYPE PROGRAMS.
UM I DO HAVE A COUPLE OF
QUESTIONS. I'M GONNA ASK
QUESTIONS AS WE GO ALONG RATHER
THAN HAVING ONE LONG SERIES OF
QUESTIONS AT THE END OF EACH
PANEL, AND SO, UM, AND EITHER OF
YOU CAN CERTAINLY EITHER THE
CHIEF OR DEPUTY CHIEF, EITHER
ONE OF YOU IF YOU FEEL NECESSARY
TO JUMP IN AND FEEL FREE TO DO
SO, BUT YOU KNOW, ONE OF THE
ISSUES A COUPLE OF THE ISSUES
WE'RE FOCUSING ON TODAY. HAVE TO
DO WITH INDOOR HEAT AS WELL AS
WORKPLACE VIOLENCE. AND SO, UM,
YOU KNOW, BUT WHAT FACTORS DO
YOU BELIEVE THAT CONTRIBUTED TO
THE LENGTHY AND ONGOING PROCESS
TO ADOPT STANDARDS SUCH AS THE
INDOOR HEAT AND WORKPLACE
VIOLENCE STANDARDS. I KNOW THAT
THERE WAS A PETITION FOR THE
STANDARD SUBMITTED IN 2014, AND
SO YOU KNOW, BUT WHAT ARE YOUR
THOUGHTS ON THAT? I KNOW THERE'S
BEEN HAVING TURNOVERS IS
CERTAINLY AN ISSUE. BUT WHERE DO
WE STAND NOW? IN TERMS OF
ACTUALLY GETTING ADOPTION OF
STANDARDS IN THOSE AREAS? SURE
COLORADO. YEAH UM, I WOULD JUST
PRELIMINARILY JUST SAY THAT THE
PANDEMIC REALLY? DIVERTED OUR
FOCUS AND OUR ABILITY TO MOVE
PRIORITY PROJECTS, RULEMAKING
PRODUCTS AND PROJECTS THROUGH
THE RULEMAKING PROCESS, AND THAT
THAT'S BEEN A REALITY THAT WE'VE
BEEN HAD TO FACE BUT WE'RE
ENCOURAGED BY THE FACT THAT
WE'RE NOW ABLE TO, UM, PAY
ATTENTION TO THOSE PRIORITY
RULEMAKING PROJECTS, UM, THAT
YOU KNOW THE KIND OF WAY WE
COULDN'T DO DURING THE PANDEMIC,
BUT I'D LIKE TO OFFER. UM MAYBE
OUR DEPUTY CHIEF OF HEALTH ERIK
BERG, WHO OVERSEES THE
RULEMAKING TEAM, TO MAYBE MAKE A
COMMENT. YOU CAN SPEAK AT THE
PODIUM IF YOU LIKE. RIGHT? THE
BUTTON. IS IT WORKING? RIGHT?
THANK YOU VERY MUCH. MY NAME IS
ERIC BERG. I'M THE DEPUTY CHIEF
OF HEALTH FOR CAL OSHA. AND SO
IN MY GROUP, WE DEVELOPED THE
OCCUPATIONAL HEALTH REGULATIONS.
AND SO WE'VE BEEN WORKING ON THE
INDOOR HEAT REGULATION IS FOR
SOME TIME AS YOU KNOW, AND WE'VE
COMPLETED ALL THE NECESSARY
DOCUMENTS. THE ECONOMIC ANALYSIS
, THE STANDARD DIES REGULATORY
IMPACT ASSESSMENT BEEN
COMPLETED. BUT WE ALSO HAVE TO
WORK WITH A SEPARATE AGENCY.
IT'S AN INDEPENDENT BOARD OF THE
STANDARD BOARD STANDARDS BOARD.
UM SO WE WERE WORKING WITH THEM
AS THEY THERE ARE THE OFFICIAL
BODY THAT SUBMITTED TO OFFICE
ADMINISTRATIVE LAW. AND ALSO
THAT THAT BODY VOTES WHETHER TO
ACCEPT THE REGULATION OR NOT.
WE'VE COMPLETED ALL THOSE
DOCUMENTS. AND THAT STANDARDS
BOARD STAFF HAS IT NOW. AND
THEY'RE WORKING ON IT TO HAVE IT
READY TO BEGIN THE FORMAL
RULEMAKING PROCESS EARLY NEXT
YEAR. AND SO WHAT? WHAT IS YOUR
SENSE OF IT, AND I'M SURE IT'S
DIFFERENT AGAIN. THERE'S NOT ONE
HARD AND FAST KIND OF TIMELINE.
BUT WHAT IS YOUR SENSE OF A
GENERAL, GENERALLY SPEAKING OF
OTHER TIMELINE FOR ADOPTION,
GIVEN WHERE IT IS IN THE PROCESS
RIGHT NOW AND GOING BEFORE THAT
BOARD YEAH, HOPEFULLY IT'S
BEGINS THE FORMER AMERICAN
PROCESS AROUND MARCH OF NEXT
YEAR IS ANTICIPATED IN THAT
PROCESS HAS A MAXIMUM LENGTH OF
ONE YEAR SO HAS BEEN COMPLETED
WITH ONE YEAR HOPEFULLY, BY THE
END OF THE END OF NEXT YEAR,
IT'LL BE COMPLETE AND IN, YOU
KNOW, REGULATION THAT'S IN TITLE
EIGHT. OKAY I HOPE SO. AS I'M
I'M SURE WE'RE GONNA HEAR FROM
SOME WORKERS AS WELL. THE INDOOR
HEAT STANDARD IS ONE THAT YOU
KNOW, I THINK WE NEED TO GO AS
QUICKLY AS FAST PACED AS
POSSIBLE. I HOPE THE BOARD
RECOGNIZES THAT GETTING
SOMETHING TO US AS SOON AS
POSSIBLE AND IS GOING TO BE
CRITICAL, CRITICALLY IMPORTANT
FOR OUR WORKERS AND FOR OUR
EMPLOYERS TO UNDERSTAND WHAT
THEY COULD BE DOING AS WELL TO
MAKE SURE FOLKS ARE SAFE. YEAH
IT'S VERY IMPORTANT TO PROTECT
PEOPLE. THERE'S A LOT OF HEALTH
PROBLEMS CAUSED BY A LOT OF THAT
. DON'T GET DETECTED. PEOPLE 20
YEARS LATER DEADLINE HAVE KIDNEY
FAILURE, AND IT'S A LOT OF TIMES
THE CAUSES. EXCESSIVE HEAT
EXPOSURE AND DEHYDRATION
NETWORK. IT'S VERY IMPORTANT AND
ON IN TERMS OF THE WORKPLACE
VIOLENCE, UM, STANDARDS THAT
ALSO SOMETHING THAT'S GOING
THROUGH THE PROCESS THAT'S GOING
THROUGH THE PROCESS. AS YOU
KNOW, WE HAVE ONE. WE FINISHED
ONE FOR, UH, FOR HEALTHCARE, SO
THAT'S COMPLETED AND ON THE
BOOKS. AND ENTITLED, BUT RIGHT
NOW WE'RE WORKING ON EVERY OTHER
INDUSTRY. SO THERE ARE ALSO
REQUIRE A STANDARDIZED
REGULATORY IMPACT ASSESSMENT.
WHICH IS LIKE A VERY DETAILED
ECONOMIC ANALYSIS, WHICH IS
TIMELY. IT TAKES TIME. IT'S IN
THE PROCESS OF WORKING OUT THE
LANGUAGE, HAVING A PUBLIC
MEETINGS. THE RULEMAKING PROCESS
IS VERY PUBLIC, TRANSPARENT
PROCESS WHERE WE DO A LOT OF
RESEARCH. WE DO FIELD SITE
VISITS. Dð LITERATURE SEARCHES,
UH, TALK WITH OTHER EXPERTS AND
AGENCIES. AND WE DEVELOPED A
DRAFT REGULATION AND WE HAVE
PUBLIC MEETINGS. UM WITH JUST
THE GENERAL PUBLIC INTERESTED
WORKERS. STAKEHOLDERS. THEN WE
TAKE OUT THE INPUT. AND THEN WE,
UH, WE WRITE, REWRITE THE
PROPOSAL OR ITERATE ON THE
PROPOSAL. AND POST THAT AGAIN
FOR ANYONE TO READ IN A
CRITIQUE. AND SO WE'RE GOING
THROUGH THAT PROCESS NOW.
ITERATING AND PERFECTING THE
LANGUAGE FOR THAT. WELL, THANK
YOU. NOW IT IS REALLY WE
REITERATE AGAIN, UM, URGENCY IN
TERMS OF WORKPLACE VIOLENCE. I
THINK WE'LL BE CURING AS WELL.
UM AND THE SUBSEQUENT PANELS, UM
, THE NEED REALLY, TO ACT
QUICKLY, AND I THINK WE WERE
SEEN ISSUES REALLY ACCELERATE
THROUGH THE PANDEMIC OF ISSUES
REGARDING WORKPLACE CONDITIONS,
WHETHER WHETHER IT'S THE
EXCESSIVE HEAT, WHETHER IT'S
WORKPLACE VIOLENCE AND SO IT
SOUNDS LIKE THAT'S THAT'S A
LITTLE BIT FURTHER BEHIND IN
TERMS OF THE TIMELINE THAN THE
INDOOR HEAT STANDARD. THAT'S
CORRECT. IT'S RATHER BEHIND AND
WE HAVE OVER 20 RULEMAKING
PROJECTS, BUT THESE ONES ARE TOP
PRIORITIES, AND WE'RE ALSO DOING
LEAD. PREVENT LEAD POISONING AND
WORKERS, AND THAT'S ALSO A HUGE
PROJECT THAT WILL BEGIN PROBABLY
THE END OF THIS YEAR BEFORE THE
END OF THIS YEAR. WELL, THANK
YOU SO MUCH. THANK YOU VERY MUCH
FOR YOUR TIME. AND THANK YOU TO
OUR CHIEF AND DEPUTY BOOK.
CONTINUE MOVING ON THE PANEL,
AND CERTAINLY AS ALL THE PANEL
MEMBERS ARE UP THERE IF YOU DO
HAVE ANYTHING TO CHIME IN ON, UM
AS AS WE CONVERSE WITH OTHER
PANELISTS FEEL FREE TO GO AHEAD
AND DO THAT AS WELL. UM NEXT.
I'D LIKE TO CALL ON OUR LABOR
COMMISSIONER GARCIA BROWER. UM
SO PLEASE, THE FLOOR IS YOURS.
GOOD AFTERNOON. YOU HEAR ME? ALL
RIGHT. WE'RE IN BUSINESS. THANK
YOU. THANK YOU FOR THE
OPPORTUNITY TO SHARE WITH YOU.
THE DILIGENT EFFORTS THAT WE ARE
MAKING AT THE LABOR
COMMISSIONER'S OFFICE. I'M GOING
TO SHARE A LITTLE OVERVIEW OF
SOME GOALS AND THEN SPEAK
SPECIFICALLY ABOUT OUR
ENFORCEMENT ADVANCEMENTS
OUTREACH WAGE CLAIM ADJUDICATION
, DELAYS AND SOME COMMENTS ON
HIRING. SO OVERALL, I HAVE THREE
PRIMARY GOALS AS LABOR
COMMISSIONER. ONE IS TO MAKE THE
LABOR COMMISSIONER'S OFFICE A
HOUSEHOLD NAME. EVERY WORKING
FAMILY SHOULD KNOW WHO WE ARE,
HOW TO GET IN CONTACT WITH US
AND HOW TO ACCESS OUR AGENCY.
TWO IS TO STRENGTHEN OUR
ORGANIZATIONAL INFRASTRUCTURE.
WE NEED SPECIFIC LEADERSHIP
POSITIONS TO IMPROVE OPERATIONS
AND OVERSEES STRATEGIC
INITIATIVES. THIRD IS TO EXPAND
STRATEGIC ENFORCEMENT. WE ARE
WORKING ON BUILDING A STRATEGIC
ENFORCEMENT APPROACH IN EACH OF
OUR PROGRAMS. WE HAVE
PRIORITIZED GOING DEEPER INTO
OUR COMMUNITIES, AS ARE
POPULATIONS RECOVER FROM A
DEVASTATING IMPACTS OF THE
PANDEMIC. FOR MY OFFICE. WE HAVE
STATUTORY OBLIGATIONS TO FOCUS
ON THE MOST VULNERABLE WORKER
POPULATIONS AND GIVEN THE
CHILLING EFFECT THAT WE KNOW
THIS PANDEMIC HAS HAD ON
WORKERS' CONFIDENCE TO EXERCISE
THEIR RIGHTS. WE LAUNCHED AN
AGGRESSIVE INTERDISCIPLINARY
OUTREACH CAMPAIGN IN AUGUST OF
2020 CALLED REACHING EVERY
CALIFORNIAN. THE PURPOSE OF THIS
CAMPAIGN IS TO FOCUS ON BUILDING
INSTITUTIONAL RELATIONSHIPS WITH
THOSE ORGANIZATIONS THAT ARE
FIRST LINE RESPONDERS TO THESE
VULNERABLE POPULATIONS. I'M
GONNA REVIEW BRIEFLY. THE FIVE
INITIATIVES WITHIN OUR REACHING
EVERY CALIFORNIA CAMPAIGN. THE
FIRST IS OUR WORKPLACE RIGHTS
AMBASSADORS PROJECT. WE ARE
PARTNERING WITH ORGANIZATIONS.
AS I SAID, OUR FIRST LINE
RESPONDERS ARE FIRST PARTNERS
HAVE BEEN THE EAST LOS ANGELES
WOMAN'S CENTER, WHICH FOCUSES ON
SUPPORTING SURVIVORS OF DOMESTIC
VIOLENCE AND SEXUAL ASSAULT. THE
SECOND IS LEADERS CAMPESINOS
WITH RICH, WHICH REPRESENTS
WOMEN FARM WORKERS. THE THIRD IS
JAKARTA, A MOVEMENT WHICH
ENGAGES THE PUNJABI COMMUNITY,
AND THE FOURTH IS THE CENTRAL
BINATIONAL SUROYO, INDIANA,
OAXACA OR CBD. I O, WHICH
ENGAGES INDIGENOUS FARMWORKER
COMMUNITIES. THE SECOND
INITIATIVE IS OUR BUSINESS
ENGAGEMENT PROGRAM. SO ONE OF
OUR STATUTORY OBLIGATIONS IS
REACHING THE MOST VULNERABLE,
BUT THE SECOND STATUTORY
OBLIGATION IS LEVELING THE
PLAYING FIELD, SO WE HAVE TO
INVEST IN REACHING THAT GOOD
EMPLOYER THAT WELL INTENTIONED
EMPLOYER AND OUR BUSINESS
ENGAGEMENT PROGRAM WAS CREATED
FOR THAT PURPOSE WE HAVE TRAINED
OVER 73,000 EMPLOYERS SENTENCE
INCEPTION IN 2020. THIS YEAR
ALONE. WE HAVE CONDUCTED 40
TRAININGS WE'VE TRAINED ON COVID
19 OBLIGATIONS ON
MISCLASSIFICATION NEW LAWS IN
GARMENT, AGRICULTURAL AND
WAREHOUSE INDUSTRY. THE FORCE
PRONGS IS THE CLINICS AND
WORKSHOP MODEL. AND SO HERE
WE'RE TRYING TO FILL THOSE
SERVICE GAPS WHERE WE DO NOT
HAVE A PRESENCE. BUT WORK WITH A
COMMUNITY PARTNER TO BRING UP A
POP UP WORKSHOP AND CLINIC THAT
WE PROVIDE WITH SOME REGULARITY
. WE HAVE TWO PARTNERS. ONE IS
WITH NEIGHBORHOOD LEGAL SERVICES
, AND THIS IS A VIRTUAL CLINIC.
THE SECOND ONE AND OUR NEWEST
ONE IS WITH THE ST PETER'S
CHURCH IN THE SANTA MARIA AREA,
AND THAT IS AN IN PERSON
OPERATION. THE FOURTH PROJECT WE
HAVE IS OUR YOUTH ADVOCATE
PROGRAM. YAP IS OUR NEWEST
PROGRAM, AND HERE WE ARE WORKING
TO TARGET YOUNG WORKERS IN POOR
FAMILIES. WE KNOW THAT OFTEN
THAT THE YOUTH IN THE FAMILY IS
THE ONE COMMUNICATING THROUGH
ENGLISH WITH THE EMPLOYER AND
HELPING THEIR FAMILY. DEAL WITH
ISSUES AT WORK, SO THIS PROGRAM
FOCUSES ON GIVING YOUTH THAT
UNDERSTANDING OF WORKPLACE
PROTECTIONS AND HOW TO WORK WITH
OUR OFFICE. BASIC WORKPLACE
RIGHTS IS ACTUALLY CAREER
READINESS AND LIFE READINESS.
THIS SHOULD BE A HIGH SCHOOL
GRADUATION REQUIREMENT, SO WE
ARE WORKING TO BUILD THAT
UNDERSTANDING AMONGST OUR YOUNG
WORKERS. WE HAVE CURRENT
COLLABORATIONS WITH MARINO
VALLEY, LOS ANGELES AND FRESNO
UNIFIED SCHOOL DISTRICT. LAST
PIECE IS OUR WAGE THEFT IS A
CAMP CAMP. WAGE THEFT IS A CRIME
CAMPAIGN. THIS IS AN
AMPLIFICATION EFFORT, AND WE
FOCUS ON THOSE SERVICE GAP AREAS
, INLAND EMPIRE AND CENTRAL
VALLEY TO HAVE PAID MEDIA TO
BRING WORKERS RIGHTS INFORMATION
TO THOSE IMPACTED COMMUNITIES.
NEXT I'M GONNA GO INTO OUR
ENFORCEMENT EFFORTS AND SO WE'RE
DOING, UM, FOR SPECIFIC THINGS
ACROSS OUR ENTIRE BUREAU OF
FIELD ENFORCEMENT. ONE. IS TO
BUILD PARTNERSHIPS WITH
STAKEHOLDERS WHO HAVE AN
EXPERTISE IN THESE SPECIFIC
INDUSTRIES AND IMPACTED WORKERS.
THE SECOND ONE AS I'VE JUST
REVIEWED IS IMPLEMENTING
AGGRESSIVE OUTREACH CAMPAIGNS.
WORKERS CANNOT EXERCISE WHAT
THEY DON'T KNOW. SO IT'S SO
IMPORTANT FOR US TO GET THAT
INFORMATION OUT THERE. THE THIRD
ONE IS TO PROVIDE SKILLS,
STRENGTHENING TRAINING TO OUR
TEAM MEMBERS TO ENSURE THE
EFFECTIVENESS OF OUR ENFORCEMENT
ACTIONS. AND THE FOURTH ONE IS
COLLABORATING ACROSS THE LABOR
COMMISSIONER'S OFFICE TO
MAXIMIZE THE AVAILABLE TOOLS.
THIS YEAR. WE'VE HAD PARTICULAR
EFFORTS FOCUSED IN AGRICULTURAL
, GARMENT AND WAREHOUSE SO
SPECIFICALLY IN AGRICULTURAL.
WE'VE CONDUCTED AN AGGRESSIVE
FIELD BLITZ IN VENTURA COUNTY.
WE CONTACTED 600 WORKERS. AND
WE'VE DESIGNED A NEW OUTREACH
METAL OF CARAVANS THAT WE DO IN
COLLABORATION WITH OUR SISTER
ORGANIZATIONS, CAL, OSHA AND
OTHER PARTNERS AS WELL. I ALSO
HAVE A MONTHLY RADIO SHOW AND
RADIO IN VIENNA, WHERE IT IS
TRANSLATED INTO MIXTEC Ó. IN
THE WAREHOUSE SECTOR. WE ARE
WORKING CLOSELY WITH CAL OSHA TO
CONDUCT JOINT INSPECTIONS. WE
HAVE COMMUNICATED WITH 1100
EMPLOYERS ADVISING THEM OF THEIR
OBLIGATIONS UNDER THE NEW 701
STATUTE. WE'RE WORKING CLOSELY
WITH COMMUNITY LEADERS LIKE
WAREHOUSE WORKER RESOURCE CENTER
TO PROVIDE VIRTUAL TRAININGS AND
IN PERSON TRAININGS TO WORKERS
AND EMPLOYERS. IN THE GARMENT
INDUSTRY. WE'VE COMMUNICATED
WITH 1200 GARMENT CONTRACTORS
WITH SPECIFIC OBLIGATIONS WITH
SB 62. WE'VE CONDUCTED 100 AND
50 INSPECTIONS WE'VE IDENTIFIED
WE'VE CONDUCTED MORE THAN 200
EDUCATIONAL VISITS TO EMPLOYERS
TO ENSURE THEY UNDERSTAND THEIR
OBLIGATIONS AND IDENTIFIED MORE
THAN 200 VIOLATIONS. WITH
RESPECT TO MS CLASSIFICATION, WE
CONTINUE TO CONSISTENTLY AND
APPROPRIATELY ENFORCED EMPLOYEE
MISCLASSIFICATION. WHERE IS A
BUSINESS MODEL? IT IS USED AS A
BUSINESS MODEL TO DENY WORKERS
THEIR PROTECTIONS. I HAVE SOME
SPECIFIC EXAMPLES, BUT I HEAR A
TIMER GOING OFF, SO I WANT TO BE
SENSITIVE TO THAT. I WANT TO GET
TO OUR WAGE CLAIM ADJUDICATION
PROGRAM. WE ARE WORKING
AGGRESSIVELY TO ADDRESS THE
BACKLOG. WE HAVE THREE GENERAL
STRATEGIES WERE IMPLEMENTING IS
TO FILL VACANCIES AS QUICKLY AS
POSSIBLE TO IMPLEMENT REFORMS
THAT IMPROVES OUR OPERATIONS AND
TO COLLABORATE BETTER WITH OUR
COMMUNITY PARTNERS TO IMPROVE
THE PROCESS AND THE QUALITY OF
CLAIMS THAT ARE FILED.
SPECIFICALLY BETWEEN JANUARY
2021. SEPTEMBER 2022. WE'VE
HIRED 300 PROFESSIONALS IN THE
LABOR COMMISSIONER'S OFFICE OF
THOSE HIRED 127 WERE HIRED IN
OUR WAGE CLAIM ADJUDICATION
PROGRAM ILLUSTRATING OUR FOCUS
ON STAFFING. I'M UP ON TIME, SO
I AM AVAILABLE TO ANSWER ANY
QUESTIONS YOU TOUCH. THANK YOU
SO MUCH. COMMISSIONER YOU
TOUCHED ON THE HIRING THERE
WHICH I APPRECIATE, AND SHE
KILLED IT AS WELL. UM ON ON THAT
QUESTION, HMM. AGAIN IF THERE'S
ANY SUGGESTION WHAT CAN BE DONE
BECAUSE I KNOW THERE'S STILL
MORE HIRING THAT NEEDS TO OCCUR,
BUT, UM, PART OF THE PROBLEM IS
RETENTION AS WELL. I BELIEVE IT
WAS WITH THAT IN GENERAL, RIGHT?
LIKE YOU CAN HIRE FOLKS. BUT ARE
THEY GOING TO STAY, ESPECIALLY
IF THEY HAVE A LOT ON THEIR
PLATE IS KIND OF LIKE, YOU KNOW,
IT'S, UH, THE PROBLEM YOU'RE
TRYING TO RESOLVE IS GETTING
STUFF OFF OFF OUR PLATE AND
GETTING THESE WAGE ORDERS AND
GETTING THESE HEARINGS DONE. AND
WHAT HAVE YOU? UM BUT AS YOU
BRING FOLKS ON, THEY HAD TO TAKE
ON THAT BURDEN OF THAT WORK
UNTIL YOU HAVE ENOUGH FOLKS, AND
YOU END UP LOSING PEOPLE THAT
WAY, SO I DON'T KNOW IF YOU EVEN
EVEN SHE'D KILL UP OR UM, MR
GARCIA BROWER. ANY SUGGESTIONS
ON OR ANY, UM WHAT'S HAPPENING
IN TERMS OF RETENTION. ARE WE
HAVING RETENTION ISSUE AS WELL?
BECAUSE AS WE'RE HIRING UP THE
NUMBERS SOUND GREAT, BUT
OFTENTIMES IT SEEMS LIKE WE
HIGHER UP UM, ALL THESE FOLKS,
YOU LOOK AT IT AFTER A COUPLE OF
YEARS, AND IT'S KIND OF STAGNANT
IN TERMS OF OVERALL NUMBER OF
EMPLOYEES BECAUSE OF THE
RETENTION ISSUE, AND THE BACKLOG
CONTINUES ANY THOUGHTS ON
RETENTION WHETHER WE'RE BEING
SUCCESSFUL IN RETENTION AND OR
ARE THERE THINGS WE CAN DO TO BE
MORE SUCCESSFUL IN RETENTION? WE
DO TRACK RETENTION SO I COULD I
DON'T HAVE THOSE NUMBERS IN
FRONT OF ME, BUT I CAN SHARE
THEM WITH YOU. I WILL SAY SINCE
MY APPOINTMENT THAT I BELIEVE
WE'RE DOING BETTER BECAUSE I
HAVE FOUND THAT ARE
PROFESSIONALS ENJOY WORKING WITH
THE COMMUNITY. THEY ENJOY BEING
INNOVATED AND HOW TO ADDRESS THE
CHALLENGES WITHIN OUR JOB, AND
WE'VE CREATED MORE OPPORTUNITIES
FOR THEM TO DO THAT. AND THE
LAST THING I'D SAY EXACTLY TO
THE POINT THAT YOU RAISED. WE
UNFORTUNATELY, HAVE A LOT OF
FOLKS BECAUSE WE HAVE UNIQUE
CLASSIFICATIONS ONLY AVAILABLE
AT OUR AGENCY. THEN THERE ISN'T
A LOT OF COMPETITION FOR THEM,
OR THERE ISN'T A LOT OF OTHER
AGENCIES FOR THEM TO GO AND
PURSUE THAT UPWARD MOBILITY, SO
WHEN A JOB OPENING IS AVAILABLE
, WE TEND TO HAVE OUR OWN
EMPLOYEES WITHIN THE RACK RANKS.
PURSUE THAT HIGHER JOB. SO THEN
WE DO HAVE A WASH ON OUR
RECRUITMENT AS WE'VE HIRED MORE
THAN IT REALLY BALANCES WASHES
OUT BECAUSE THERE THEY WERE
ALREADY EMPLOYEES WITH US, SO
THAT'S A CHALLENGE THAT WE NEED
TO CONTINUE TO ADDRESS. I WAS
HAVING THAT DEGREE OF
SPECIFICITY, UM, IN TERMS OF THE
CLASSIFICATION. WE ARE LOOKING
AT, UM MORE GENERALISTS
CLASSIFICATIONS TO CREATE MORE
OPPORTUNITY FOR OUR TEAM MEMBERS
FOR UPWARD MOBILITY AND CHIEF.
DO YOU HAVE ANY THOUGHTS ON OR
ANY SENSE OF RETENTION BECAUSE
YOU YOU PUT FORWARD IN THE
DEPUTY CHIEF, PUT FORWARD SOME
PRETTY GOOD NUMBERS ON HIRING.
WHAT ARE THE CHALLENGES WERE
ATTENTION YOU'RE SEEING YEAH, I
THINK FROM MY SHORT TIME HERE I
HAVE SEEN SOME RETENTION
CHALLENGES. AND UH, ESPECIALLY
WITH OUR YOUNGER SAFETY AND
HEALTH PROFESSIONALS, OR MAYBE
SOME OF THE REASONS THAT THAT
YOU'VE ALREADY REFERRED TO BUT
REFERRED TO DEBORAH IF SHE'S GOT
MORE SHE WANTS TO OFFER ON THAT.
THANK YOU. I WOULD ECHO. UM
OLIVIA HURT, RIGHT COUNTERPART
AND THE THINGS THAT SHE'S DOING,
AND THAT WE ARE TRACKING OUR
ATTENTION. I WILL SAY FOR MYSELF
PERSONALLY, UM, I'VE BEEN WITH
THE DIVISION OVER 25 YEARS AND,
UM, IT IS THE MOST REWARDING
POSITION THAT I HAVE HAD IN MY
CAREER, AND I WILL SAY THAT THE
PEOPLE THAT COME TO WORK WITH
THE DIVISION UM THEY COME WITH
THAT HUNGER TO WANT TO SERVE AND
SO AS WE RECRUIT, WE RECRUIT
INDIVIDUALS THAT ARE COMMITTED
TO THE MISSION. SHIN AND SO THEY
UNDERSTAND THE MISSION AND
THEY'RE COMMITTED TO THE
MISSION. AS WE ARE NOW
AUTOMATING AND MOVING TO THAT
AUTOMATION THAT WOULD HELP US AS
WELL. I WOULD JUST LIKE TO ADD
THAT I IMAGINE WITH AUTOMATION
AND THEY CAN FOCUS ON THEIR
TASKS AND THE AUTOMATION CAN
HELP MAKE THINGS A LITTLE MORE
SMOOTH IN TERMS OF OTHER WORK
THAT NEEDS TO BE DONE SO SORRY.
I WAS JUST AT TWO. SINCE MY TIME
WITH THE DIVISION. WE HAVE
OPENED UP MORE ABILITY FOR
PEOPLE TO MOVE UP TO HIGHER
POSITIONS. WHEN I CAME IN, THERE
WERE A LIMITED NUMBER OF SENIOR
POSITIONS, WE NOW HAVE ADDED ON
MORE SENIOR POSITIONS, WHICH
ALSO ATTRACTS PEOPLE TO STAY AND
TO WANT TO MOVE TO THAT NEXT
LEVEL. RIGHT WELL, THANK YOU.
AND PLEASE KEEP US IN THE LOOP
ON THE RETENTION NUMBERS IN
ADDITION TO THE HIRING NUMBERS,
AND IF THERE ARE THINGS THAT
NEED TO BE DONE AGAIN FOR TO
ALLOW FOR FOLKS TO MAKE A CAREER
IN THE DEPARTMENTS AND GOING TO
MOVE UP, I THINK THAT'S ALWAYS
SOMETHING THAT GENERALLY HELPS
TO KEEP FOLKS NOT ONLY, UM,
EMPLOYED WITHIN THE DEPARTMENTS,
BUT SATISFIED AND BEING ABLE TO
GROW. UH AND COMMISSIONER YOU,
YOU I APPRECIATE SOME OF THE
EFFORTS MADE IN TERMS OF
TRAINING EMPLOYERS. THERE'S NO
DOUBT I THINK OFTENTIMES WHEN
THERE ARE ISSUES, IT'S BECAUSE
EMPLOYERS MAY NOT KNOW THE
RULES. AND I LIKE TO BELIEVE
THAT MOST EMPLOYERS IF THEY KNOW
WHAT THE RULES ARE, ARE GOING TO
MAKE EFFORTS TO COMPLY.
OBVIOUSLY YOU'RE GONNA HAVE
SITUATION, BUT THAT'S NOT THE
CASE. BUT IF THEY'RE AWARE OF
THE RULES, AND THEY CHOOSE NOT
TO, THEN THEY THERE'S NO
PLAUSIBLE DENIABILITY IN TERMS
OF NOT KNOWING THE RULES. UH, SO
I THINK THOSE EFFORTS ARE REALLY
IMPORTANT IN TERMS OF OUTREACH,
BUT WE DO KNOW THERE ARE SOME
WORKERS AS YOU DID ALLUDE TO
THAT IT CAN BE MORE CHALLENGING
. AGRICULTURAL WORKERS. UM
CERTAINLY ARE AN EXAMPLE THAT
THEY EXPERIENCED HEALTH SAFETY
AND WAGE STOP VIOLATIONS THAT
ONE OF THE HIGHEST RATES OF ANY
INDUSTRY, AS DO FOOD PRODUCTION
WORKERS. AND WHAT HAVE YOU SO IN
FACT, ACCORDING TO A RECENT
CALIFORNIA INSTITUTE FOR RURAL
STUDIES BRIEF ON CALIFORNIA FOOD
PRODUCTION FOOD PRODUCTION
EMPLOYERS HAD MORE COVID SAFETY.
VIOLATIONS THAN ALL OTHER
INDUSTRIES COMBINED. AND SO, UM
AND I KNOW YOU MADE SOME
REFERENCE TO ONE OF THE
ORGANIZATIONS THAT REACHES OUT
TO INDIGENOUS COMMUNITIES, AND I
APPRECIATE THE RADIO SHOW AND
MAKING SURE HIS LANGUAGE
LANGUAGE ACCESS IS CRITICAL
BEYOND ENGLISH AND SPANISH. UM
AND SO ANY OTHER FEEDBACK YOU
LIKE TO GIVE ON WHAT YOUR
DIVISIONS. ARE DOING
SPECIFICALLY ADDRESS CONCERNS
ABOUT AGRICULTURAL WORKERS WHO
MAY BE UNDOCUMENTED. DON'T SPEAK
ENGLISH OR SPANISH, BUT RATHER
AN INDIGENOUS LANGUAGE AND WHO
ARE FEARFUL OF REPORTING
VIOLATIONS DUE TO RETALIATION AS
ANY ANY MORE FEEDBACK ON THAT.
YOU MENTIONED A COUPLE OF
PROGRAMS. I DON'T KNOW IF YOU
WANT TO ELABORATE A LITTLE BIT
ON WHAT YOU'RE DOING REGARDING
THOSE COMMUNITIES OUTSIDE OF
ENGLISH AND SPANISH SPEAKING, WE
NEED TO CONTINUE DOING WHAT IT
IS WE'RE DOING. WE NEED TO
UNDERSTAND THAT IT IS GOING TO
TAKE SOME TIME. FOR THE
COMMUNITY TO WANT TO DO
SOMETHING RIGHT FOR THEM TO
EXERCISE THEIR RIGHTS. SO IT'S
SO IMPORTANT FOR US. FOR EXAMPLE
, I MENTIONED THE SANTA MARIA
POP UP WORKSHOP AND CLINIC.
THERE ARE 30,000 INDIGENOUS
FARMWORKERS WITHIN A ONE MILE
RADIUS OF ST PETER'S CHURCH. AND
SO I CAN'T JUST SHOW UP EVERY
QUARTER AND THINK IT'S GOING TO
CHANGE. I GOTTA BE THERE EVERY
MONTH, SO WE'RE GOING TO THE
FOOD BANK. AND WHILE THE FAMILY
IS WAITING, WE ARE SHARING
INFORMATION ABOUT THEIR RIGHTS
AND PROTECTIONS. YOU KNOW, WE'RE
GOING TO THEIR CULTURAL
CELEBRATIONS. WE WERE ADDED THE
OTHER LOS MUERTOS EVENT. WHERE
WERE WE HAD A TABLE AND HELPING
THE LOCAL COMMUNITY LEADERS GET
MORE COMFORTABLE WITH US, AND
THEY'RE GONNA HELP BE THAT
BRIDGE WITH THE IMPACTED
WORKERS. THEMSELVES AND AT OUR
FIRST CLINIC, I WAS THERE
MYSELF. TO HEAR FROM THE WORKERS
, BUT THEY'RE NOBODY FILED THE
CLAIM THAT DAY, BUT I DO BELIEVE
WE MADE GOOD CONTACT, AND I SAW
THE IMPACT AND THE HORROR IN
THEIR FACE ABOUT THE SITUATIONS
THEY WERE FACING, AND I THINK
IT'S IMPORTANT FOR US TO MAKE
THE TIME TO KEEP GOING BACK. AND
THEN IDENTIFY. WE CAN GET GOOD
LEADS IN WORKING WITH THIS
COMMUNITY PARTNERS. THE WORKER
MAY NOT WANT TO FILE A CLAIM.
BUT IF I'M ABLE TO IDENTIFY SOME
BAD ACTORS IN THAT AREA AND THEN
BE ABLE TO AMPLIFY WHAT THOSE
OUTCOMES ARE, THAT IS ALSO GOING
TO HELP US GAIN TRUST IN THIS
COMMUNITY'S YEAH, I THINK THAT'S
GAINING TRUST IS DEFINITELY THE
KEY, ESPECIALLY FOR UNDOCUMENTED
WORKERS. AND THE ISSUE OF
RETALIATION WHETHER IT'S
IMMIGRATION, WHATEVER THEIR THEY
HANG OVER, THE WORKERS HEADS TO,
UM TO DEMAND COMPLIANCE FOR OR
YOU KNOW. IF THEY'RE BEING TAKEN
ADVANTAGE OF, UM, BUT PART OF
THAT FEAR IS NOT ONLY THAT
THEY'RE GOING TO BE HEARD, BUT
THAT THINGS ARE GONNA BE
RESPONDED TO IN A TIMELY FASHION
BECAUSE I THINK THAT'S PART OF
THE ISSUE AND TALKING ABOUT
STAFFING AND HAVING THE
RESOURCES OF FOLKS FILE A
COMPLAINT. UM A WAGE CLAIM
WHATEVER IT MIGHT BE, AND IT
TAKES MONTHS OR EVEN YEARS.
THAT'S CERTAINLY SOMETHING THAT
ALSO GETS TALKED ABOUT IN THE
COMMUNITY LIKE WELL, IT'S NOT
NOTHING'S GOING TO COME OUT OF
THIS. AND SO WHY. RISK YOUR JOB.
WHY RISK YOUR FAMILY, YOU KNOW,
SO I THINK THAT ALL THINGS HAVE
TO BE HAPPENING AT THE SAME TIME
TO BUILD THAT TRUST, NOT JUST
LETTING THEM KNOW WHAT THEIR
RIGHTS RESPONSIBILITIES ARE. BUT
BUT BUT THEIR PROTECTIONS ARE
WORK. PROTECTIONS ARE WITH THE
RESPONSIBILITIES OF EMPLOYERS
ARE BUT THAT IF THINGS AREN'T
COMPLIED WITH THAT THERE WILL BE
CONSEQUENCES. AND I THINK THAT'S
ULTIMATELY WHERE WE NEED TO GET
IN ORDER TO REALLY BUILD THE
TRUST WITH THE COMMUNITY KNOWING
THAT NOT ONLY DO THE LAWS HAVE
THEIR BACK, BUT WE ARE ABLE TO
EXECUTE THOSE LAWS AND HAVE THE
WORKERS BACK AS WELL. AND SO
APPRECIATE ALL THE EFFORTS,
PARTICULARLY BEING IN THE
COMMUNITY, WORKING WITH NON
PROFIT ORGANIZATIONS. WHAT HAVE
YOU KNOW? THAT IS SOMETHING THAT
ALSO IS CRITICALLY IMPORTANT?
THOSE ORGANIZATIONS THAT ALREADY
HAVE THE TRUST OF THE COMMUNITY
? UM SO CONTINUE THOSE EFFORTS
AND CERTAINLY LET US KNOW HOW WE
MAY BE ABLE TO BE HELPFUL IN
THAT REGARD AS WELL. SO THANK
YOU. THANK YOU. UM NEXT UP IS
CHAZ ALAMO, PRINCIPAL ANALYST
WITH THE LEGISLATIVE ANALYST'S
OFFICE. GOOD AFTERNOON CHAIR.
CHOLERA CHAZAL, MO. WITH THE
LEDGE, ANALYSTS OFFICE, THE
COMMITTEE STAFF ASKED OUR OFFICE
TO PREPARE A SHORT OVERVIEW
DOCUMENT WE CALL A HANDOUT, UM,
SPECIFIC ON ON CAL OSHA AND
OVERVIEW AND ALSO A QUICK UPDATE
ON A COUPLE, UM, OF THE SPECIFIC
STANDARDS THAT ARE GOING TO BE
DISCUSSED IN THE NEXT PANEL, SO
I HOPE IT'S HELPFUL. THE
HANDOUTS AVAILABLE ON THE
COMMITTEE'S WEBSITE, AS WELL AS
OUR OFFICE'S WEBSITE FOR THOSE
FOLLOWING ALONG UM TO START WITH
A BRIEF OVERVIEW OF CAL OSHA AND
THEN I'LL TALK QUICKLY ABOUT THE
COVID 19 PREVENTION. TEMPORARY
STANDARD, UM, THE WORKPLACE
VIOLENCE PREVENTION STANDARD
THAT'S FORTHCOMING, AS WELL AS
THE INDOOR HEAT STANDARD, THIS
FORTHCOMING AND JUST SORT OF
CONTEXT, SETTING UP THE NEXT
PANEL. UM SO BRIEFLY. THE MOST
RECENT BUDGET ACT, THE 22 23
BUDGET ACT, PROVIDED ABOUT $225
MILLION FOR KAWAOKA ACTIVITIES.
THE PRIMARY FUNDING SOURCE FOR
THE DIVISION IS A SURCHARGE ON
EMPLOYERS WORKERS' COMPENSATION
INSURANCE PREMIUMS. UM THE
DIVISION ALSO RECEIVES SOME
FUNDING FROM FEDERAL OSHA. AS
PART OF ITS FEDERAL GRANT IN
CONDUCTING, UM AND ENFORCING,
UM, THE STATE'S HEALTH AND
SAFETY WORKPLACE REGULATIONS. UM
THE BUDGET ACT AUTHORIZED JUST
UNDER 1000 STAFF POSITIONS FOR
CAL OSHA. BUT AS THE CHIEF
ALLUDED TO EARLIER AND AS YOU
ALLUDED TO, UM, THERE HAVE BEEN
SORT OF ONGOING OR LONGSTANDING
STAFFING CHALLENGES AT THE
DIVISION. UM THOSE CHALLENGES
ARE PARTICULARLY ACUTE IN THE
BAY AREA REGIONAL OFFICES, FOR
REASONS OBVIOUSLY COST OF LIVING
AND RECRUITMENT IN THE BAY AREA
AND ITS HIGH COST OF LIVING, UM
, BEING NOTABLE CAUSES FOR THOSE
CHALLENGES THERE. UM. ONE THING
I WANTED TO WALK THROUGH.
BEGINNING ON PAGE TWO OF THE
HANDOUT IS THAT THE STANDARDS
BOARD, WHICH WAS ALLUDED TO
EARLIER AS AN INDEPENDENT RULE
MAKING AUTHORITY, UM DOES ISSUE
SPECIFIC STANDARDS FOR WORKPLACE
SAFETY AND HEALTH. UM, BUT
BEYOND THAT, THE DIVISION ALSO
HAS A SORT OF GENERAL DUTY
PROVISIONS. THERE'S A SIMILAR
PROVISIONS IN FEDERAL LAW. BUT
STATE LAW REQUIRES EMPLOYERS TO
IDENTIFY AND MITIGATE KNOWN
WORKPLACE HAZARDS. IT'S SORT OF
A GENERAL PROVISION OF STATE LAW
AND SO DIVISION HAS SOME
AUTHORITY TO ENFORCE HEALTH AND
SAFETY ISSUES, LARGELY OUTSIDE
THE PARAMETERS OF A SPECIFIC
STANDARDS SET FORTH BY THE
STANDARDS BOARD. IN CERTAIN
CASES, AND I BRING THIS UP AND
IN PART BECAUSE AS THE STATE
AWAITS THE STANDARDS BOARDS
FORMAL RULEMAKING PROCESS WITH
THE REGULATIONS ON INDOOR HEAT
AND WORKPLACE VIOLENCE
PREVENTION INDUSTRY WIDE ON THE
QUESTION, THEN IS SORT OF SITS
WITH THE DIVISION ON HOW TO
ENFORCE THESE STANDARDS PRIOR TO
THE FORMAL ADOPTION OF THE
STANDARDS BOARD DECISION. BUT I
GUESS THAT'S THE SENTIMENT THERE
IS, THEY DON'T NECESSARILY HAVE
TO WAIT. FOR THE FORMAL CENTERS
BE ADOPTED TO TAKE SOME ACTION.
IT'S A COMPLEX QUESTION AND ON
THE SPECIFICS AND THE NUANCE I'M
GONNA DIFFER OBVIOUSLY TO THE
CHIEF, UM BUT I WANTED TO SORT
OF HIGHLIGHT THIS ELEMENT THAT
THERE CAN BE SORT OF MULTI TRACK
PROCESSES IN PLACE. UM SO
TURNING TO COVID 19 RESPONSE.
OBVIOUSLY IT'S AT THE FOREFRONT
OF EVERYONE'S MIND. UM CAL OSHA
ISSUED SORT OF INDUSTRY SPECIFIC
. IT'S SPECIFIC TO FRONTLINE
INDUSTRIES, WORKPLACE HEALTH AND
SAFETY GUIDANCE SHORTLY AFTER
THE PANDEMIC STARTED. MORE
FORMAL GUIDANCE FROM THE
STANDARDS BOARD WAS ADOPTED IN
NOVEMBER OF 2020. THIS IS THE
TEMPORARY COVID 19 PREVENTION
STANDARD. THREE ITERATIONS OF
THAT STANDARD HAS BEEN ADOPTED
NOW IN THE CURRENT STANDARD
REMAINS IN EFFECT UNTIL THE END
OF THIS YEAR. UM OBVIOUSLY, THE
DIVISION ALSO IN FORCED, UM,
VIOLATIONS OF THESE STANDARDS
AND GENERAL WORKPLACE SAFETY
STANDARDS RELATED TO COVID 19
PAGE FOUR OF OUR HANDOUT
INCLUDES SOME HIGH LEVEL SUMMARY
STATISTICS FROM THE ENFORCEMENT
AND CITATION INFORMATION
AVAILABLE ON THE DIVISION'S
WEBSITE. AND THE FIRST FIGURE
IS, IN ESSENCE. UM THE PRIMARY
CAUSES OR WHAT LED TO CITATIONS
, UM, RELATED TO COVID 19
WORKPLACE ISSUES, AS YOU CAN
SEE, IN THE FIGURE, THERE ARE
THREE PRIMARY BUCKETS, ACCIDENTS
, COMPLAINTS AND EITHER OF
FATALITY OR CATASTROPHE BEING
THE THREE MOST COMMON CAUSES OF
UH, HOW OSHA CITATIONS RELATED
TO COVID 19. THOSE EACH
REPRESENT ABOUT 30% OF THE
CAUSES. UM, AND THEN THERE'S
SORT OF AN ALL OTHER CATEGORY AT
THE BOTTOM REPRESENTING, YOU
KNOW, BETWEEN 15 AND 20% OF
CITATIONS. THE SECOND FIGURE WE
INCLUDE IN THE HANDOUT. IT'S A
SUMMARY FIGURE SORT OF INDUSTRY
SPECIFIC OF THE MOST COMMON UM,
I SHOULD SAY INDUSTRIES WITH THE
MOST NUMBER OF CITATIONS ON THE
LEFT HAND COLUMN AND THEN
INDUSTRIES WITH THE HIGHEST
DOLLAR AMOUNT OF CITATIONS ON
THE RIGHT HAND COLUMN AND SO YOU
CAN SEE. THERE IS SOME OVERLAP.
FOR INSTANCE, HOSPITALS ARE AT
THE TOP OF THE LIST FOR BOTH
COLUMNS. UM BUT NURSING HOMES
ARE ALSO ON BOTH LISTS GROCERY
STORES AS WELL ON THE LEFT HAND
COLUMN INDUSTRIES WITH THE MOST
CITATIONS POINTING OUT PRISONS
AND JAILS, FAST FOOD RESTAURANTS
AND K 12 SCHOOLS. UM ON THE
RIGHT HAND COLUMN. NOTABLE
ADDITIONS INCLUDE TEMP AGENCIES
AND THEN, AS YOU ALLUDED TO
EARLIER IN FOOD PROCESSING
POULTRY PRODUCTION FACILITIES
WERE ALSO AMONG THE HIGHEST, UM,
SORT OF FOR A DOLLAR VALUE OF
CITATIONS RECEIVED. UM MOVING ON
FROM THE COVID 19 TEMPORARY
STANDARD ON PAGE FIVE OF THE
HANDOUT. WE JUST A BRIEF
INTRODUCTION TO THE STATES
INDOOR HEAT STANDARD. UM IN 2016
, THE LEGISLATURE DIRECTED THE
STANDARDS BOARD TO DEVELOP AND
ADOPT AN INDOOR HEAT STANDARD.
UM NOT NECESSARILY MODELED AFTER
BUT, UM, FOLLOWING UP ON THE
STATE'S OUTDOOR HEAT WORKPLACE
STANDARDS, THE LEGISLATION THAT
DIRECTED THE STANDARDS BOARD TO
UNDERTAKE THIS EFFORT, UM, NOTED
THAT THE INTENT WAS FOR THE
STANDARD TO BE IN PLACE BY. I
WANT TO MAKE SURE I GET MY DATE,
RIGHT? JANUARY 1ST OF 2019 AS A
CHIEF MENTIONED, UM THERE'S THAT
STANDARD HAS BEEN DELAYED. ONE
NOTABLE RECENT UPDATE IS THAT
THE FEDERAL OSHA SORT OF AGENCY
UM, RECENTLY. I THINK IN APRIL
OF THIS YEAR ISSUED WHAT IT
CALLS A NATIONAL EMPHASIS
PROGRAM, ESSENTIALLY A
NATIONWIDE EMPHASIS LETTER
RELATED TO INDOOR AND OUTDOOR
HEAT EXPOSURE. UM THIS FEDERAL
EMPHASIS WILL LEAD SOME OF
FEDERAL Ó SHOWS REGULATORY
EFFORTS, BUT BY ALSO PLACED
ADDITIONAL EMPHASIS ON STATES
WHO OPERATE STATE ONLY PLANS OR
STATE PLANS LIKE CALIFORNIA
DOES. TO PURSUE INDOOR AND
OUTDOOR HEAT. UM. MORE
AGGRESSIVELY OR TWO MORE QUICKLY
BEGAN RAMPING UP SOME OF THOSE
ENFORCEMENT ACTIVITIES AND IS
OFTEN TIMES THE CASE. THE
FEDERAL GOVERNMENT LOOKS TO SEE
WHAT CALIFORNIA IS DOING AND
MODELS. A LOT OF WHAT THEY DO IS
I THINK WE HAVE THAT EXTRA
OBLIGATION, WHICH IS, WHICH IS A
GOOD RESPONSIBILITY TO HAVE. I
THINK THAT'S ABSOLUTELY RIGHT.
UM I THINK AT THIS POINT IN THE
IN THE HANDOUT, WE I WANT TO
COME BACK TO THE GENERAL DUTY,
UM, COMPONENT OF THE DIVISIONS
AUTHORITY. I THINK IT'S UNCLEAR
AT THIS POINT, AND I DEFER TO
THE CHIEF AS TO WHAT EXTENT THE
DIVISION HAS BEGUN ENFORCING
INDOOR HEAT STANDARDS IN
ANTICIPATION OF THE FORMAL
STANDARD BEING ADOPTED BY THE
BOARD. UM THE FINAL PAGE OF OUR
HANDOUT SIMPLY SETS UP THE
WORKPLACE VIOLENCE STANDARD THAT
WILL BE DISCUSSED IN THE SECOND
PANEL. UM SIMILARLY IN 2014, THE
LEGISLATURE DIRECTED CAL OSHA TO
DEVELOP A WORKPLACE VIOLENCE
STANDARD FOR HOSPITALS AND
HEALTHCARE FACILITIES AND
SPECIFICALLY ACUTE PSYCHIATRIC
FACILITIES. UM FOLLOWING UP ON
THIS, UM, A GROUP OF
SCHOOLTEACHERS AND IN PARTICULAR
, SPECIAL EDUCATION SCHOOL
TEACHERS MADE A PETITION TO THE
STANDARDS BOARD TO ADOPT SIMILAR
WORKPLACE VIOLENCE PREVENTION
STANDARDS ACROSS INDUSTRIES. UM
AND THE WORKPLACE VIOLENCE
PREVENTION STANDARD REQUIRES, UM
AND ON THE ONE THAT CURRENTLY IS
ON THE BOOKS FOR HOSPITALS AND
HEALTHCARE FACILITIES REQUIRES
THOSE FACILITIES TO ADD
WORKPLACE VIOLENCE, VIOLENCE
PREVENTION TO ITS EXISTING
INJURY AND ILLNESS PREVENTION
PLAN, SO IT'S SORT OF BUILDING A
WORKPLACE VIOLENCE COMPONENT TO
ITS OVERALL OVERALL PLAN, AND IT
ALSO REQUIRES THESE ENTITIES TO
REPORT ANY INCIDENTS THAT OCCUR
ON SITE TO THE DIVISION. AND SO
THE ONGOING UH, RULEMAKING
PROCESS THAT WAS A LITTLE TOO
EARLIER RELATED TO THE INDUSTRY
WIDE SPACE. UM AH WORKPLACE
VIOLENCE PREVENTION PLAN WOULD
REQUIRE ALL ENTITIES TO FORM
THESE PLANS, AS WELL AS REPORT
ANY INCIDENTS THAT OCCUR ON SITE
TO THE DIVISION FOR BROADER
ENFORCEMENT ACTIONS. THANK YOU.
BUT THANK YOU SO MUCH. SO 2014
IS WHEN, UM THE INITIAL
DIRECTION, PARTICULARLY
REGARDING HOSPITALS, HEALTHCARE
FACILITIES, BUT THAT'S ALSO WHEN
THE TEACHERS PETITIONED BACK IN
2014. SO IT'S BEEN EIGHT YEARS
AND, YOU KNOW, I THINK THAT
CLEARLY ON ISSUES REGARDING
WORKPLACE VIOLENCE, AS WELL AS
THE INDOOR HEAT STANDARDS THAT
WE CERTAINLY DON'T HAVE TO WAIT.
FOR STANDARDS TO BE ADOPTED,
ALTHOUGH I THINK THAT ONCE THE
STANDARDS ARE MORE FORMALLY
ADOPTED, IT DOES GET BETTER
DIRECTION TO EMPLOYERS AND
WORKERS ALIKE. UM YEAH, AND THAT
LEVEL OF STABILITY, BUT I THINK
THESE ISSUES AS WE'RE GOING TO
HEAR FROM SOME OF OUR WORKERS
ARE ARE OF SUCH URGENCY. UM THAT
I THINK WE'VE ALREADY. UM UH,
KIND OF LEFT. WORKERS UM, IN
VERY VULNERABLE POSITIONS FOR
FAR TOO LONG, AND THAT'S PART OF
WHY WE'RE HAVING THIS
CONVERSATION, OF COURSE, IS LIKE
WHAT WE COULD BE DOING BETTER
AND HOW WE CAN BE MOVING MUCH
MORE QUICKLY ON SOME OF THESE
ISSUES, REGARDLESS OF WHAT
HAPPENED THE PAST 2014 WHATEVER
WE'RE HERE RIGHT NOW, AND WE
HAVE THE CHANCE TO ADD SOME
URGENCY. I THINK WHERE IT'S
APPROPRIATE. UM AND 11 QUESTION
REGARDING ON THE CHART ON PAGE
FOUR. UM IT LISTS INDUSTRIES
WITH THE MOST CITATIONS FOR
COVID, 19 AND UM, BUT IT JUST
LISTEN KIND OF AN ORDER, BUT IT
DOESN'T GIVE A SENSE OF KIND OF
THE VOLUME. WHAT IS THE SENSE IF
YOU HAVE IT OFF HAND NUMERICALLY
LIKE FOR THE HOSPITALS, YOU
KNOW? VERSUS THE K THROUGH 12
SCHOOLS, OR YOU'RE GONNA GET
THAT TO US LATER AS WELL, BUT MY
PREFERENCE WOULD BE NOT TRY TO
RECALL WOULD BE HAPPY TO WORK
FOR THEIR STAFF TO GET YES. I
WANT TO GET A SENSE OF WHAT
WE'RE TALKING ABOUT, IF IN TERMS
OF SCOPE MY RECOLLECTION FROM
WORKING WITH THE DATA AND THE
HAPPY TO STEP IN, PLEASE, IF YOU
THINK, SEE IT DIFFERENTLY, OR,
UM IS THAT THE BOTH THE SIDE
STATION NUMBERS AND THE DOLLAR
VALUE OF THE CITATIONS WERE
PRETTY HEAVILY CONCENTRATED IN A
FEW INDUSTRIES. UM I DON'T
RECALL THE SPECIFIC BREAKDOWNS.
BUT WHEN WE PROVIDE MORE
DETAILED INFORMATION. THAT'S MY
SUSPICION. OKAY. WELL, THANK YOU
VERY MUCH. UM AND UM, MR
GOLDBERG BEFORE WE GO TO YOU
BECAUSE WE DID GET A LATE START
BECAUSE OF THE PRIOR COMMITTEE.
WE DO HAVE A WORKER THAT WON'T
BE ABLE TO BE WITH US AFTER 2 15
AND SO WE CAN UNDERSTAND THAT
SOME OF THE WORKERS HAVE
SCHEDULES THAT UM, ARE A LITTLE
BIT MORE DEFINED AND AT THE
WORKPLACE AND IN TERMS OF BEING
ABLE TO BE ON THE PHONE AND WHAT
HAVE YOU AND SO, UM, WE'RE GONNA
BUT ON THE NEXT PANEL UNDER THE
WORKPLACE VIOLENCE CATEGORY WE
HAD PRISCILLA TRINIDAD FROM THE
UNITED FOOD AND COMMERCIAL
WORKERS, WHICH IS ON 0.2, WITH
SOME OF THE CONVERSATIONS
ALREADY BEEN HAVING WHO'S GOING
TO BE WITH US VIA PHONE. AND SO
I WAS GONNA JUMP TO MISS
TRINIDAD. TO GIVE HER COMMENTS
ON THE PHONE AND THEN WE'LL COME
BACK TO THE PANEL AFTER SHE HAD
AN OPPORTUNITY TO SPEAK
EVERYTHING GOOD. ALRIGHT GREAT.
THANK YOU ALL SO MUCH. AND SO IF
THE IF THE MODERATOR ON THE
PHONE LINE CAN GET MISS
PRISCILLA TRINIDAD ON BEHALF OF
UFCW ON THE PHONE AND. HI THERE
, JULIE. YES, WE AGREE. WE HEAR
YOU LOUD AND CLEAR. LOOKING
AWESOME. IS IT MY CHECK TO
SPEAK. I'M SORRY. IS THIS, MISS
TRINIDAD? PERFECT YEAH, PERSONA
. YEAH, GO AHEAD, PRISCILLA. HOW
ARE OKAY. THANK YOU. GOOD
AFTERNOON SHARING COMMITTEE
MEMBERS. MY NAME IS CHRIS WILL
AGREE THAT I AM A USB LOCAL 77,
70 MEMBER AND GROCERY STORE
WORKER FOR OVER 18 YEARS
CURRENTLY WORK AS A FUNDING TO
THE RIDER OUT OF ON SUPERMARKET
AND WAS NOT DUNCAN. THANK YOU
FOR ALLOWING ME TO TESTIFY IT
TODAY'S HEARING ON THE URGENCY
AND NEED TO ADDRESS WORKPLACE
VIOLENCE IN THE RETAIL INDUSTRY
. I APPRECIATE THAT SENSIBILITY
TO QUANTIFY OUT OF WORK, RIGHT?
I AM CURRENTLY ON MY LUNCH BREAK
AND I HAVE TO GO BACK SOON. UM
OKAY, SO WE'RE PLAYING VIOLENT
EFFECTS ARE ESSENTIAL GROCERY
STORE WORKERS, ACCORDING TO OSHA
EACH YEAR AND NEARLY TWO MILLION
AMERICAN WORKERS, VICTIMS OF
WORKING VIOLENCE. WORKPLACE
VIOLENCE IS THE SECOND LEADING
CAUSE OF FATAL OCCUPATIONAL
INJURIES IN THE UNITED STATES.
AND HATE CRIMES HAVE QUADRUPLED
AT GROCERY STORES IN 2010,
MAKING THEM HAPPEN. FOR RACISM
AND WORKPLACE VIOLENCE AND MY
GROCERY STORES, WHICH IS LOCATED
IN A NICE NEIGHBORHOOD AND WORK.
LOOK, HELEN, WE ARE SUBJECT TO
VERBAL, EMOTIONAL AND PHYSICAL
OF YOUTH, EVERYTHING GLE DAY BY
THE PUBLIC. JUST A FEW DAYS AGO.
WE HAVE AN INCIDENT ON MY STORE
WHERE SHOPLIFTER PULLED OUT A
KNIFE WHEN I'M GONNA TAKE. I
DON'T WITHOUT PAIN.
UNFORTUNATELY THIS INCIDENT IS
NOT UNIQUE. THEY HAVE THERE HAVE
BEEN CUSTOMERS BETTER THAN US
AND COLLARS, RACIST NAME AND HAD
BOTTLES THROWN AT ME AND I STORE
HAS HAD AN EMPLOYEE. WHO WAS
PUNCHED IN THE FACE. A FEW DAYS
LATER, SHE QUIT BECAUSE SHE WAS
TRAUMATIZED AND DIDN'T FEEL AT
THE STORE ANYMORE. WE SHOULD NOT
HAVE TO WORRY ABOUT WHETHER WE
WILL BE STANDBY WORDS COME BACK
TO HIS FAMILY. TÌM THE
HARASSMENT AND VIOLENCE AND
EVERYDAY ESSENTIAL WORKERS HAVE
TO BEAR TAKES A MENTAL TOLL ON
THE POINT THAT SOMEONE COULD
DON'T WANT TO SHOW UP FOR WORK
THE NEXT DAY, BECAUSE THANK YOU
SAFE AT THE STORE. LAST YEAR. I
REMEMBER WRITING WORKER MACGILL. BRINGING HANDLES IN THE
ULTIMATE PRICE. AND WAS LEARNING
ON THE JOB AFTER CONFRONTING THE
SHOP, MR COMPANY POLICY REQUIRED
THAT FULLY AS EMPLOYEES APPROACH
POTENTIAL SHOP THAT 13 ASKED
THEM. HOW I HOW CAN I HELP? YOU
KNOW WHAT WE KNOW THEY'RE IN THE
MIDDLE OF THE CRIME AND
PHYSICALLY HARMLESS COMPANY
POLICIES. GOOD WORKERS THAT
GREAT THIS IS EVERY MINDER THAT
IT IS NOT OUR RESPONSIBILITY TO
CONFRONT AND AT THE WORKPLACE.
ESPECIALLY WHEN THE REQUIRES
SUPPORT OURSELVES IN HARM'S WAY.
SOMETIMES GROCERY STORES WILL
HAVE SECURITY GUARDS PRESIDENT
INCIDENTS AFTERWARD. THINGS BUT
OFTEN THE SECURITY GUARDS ARE
ONLY THERE FOR A LIMITED PERIOD
OF TIME. FOR EXAMPLE, MY STORE
IS OPEN FROM SIX IN THE MORNING
TO BE LOVED, AND WE ONLY HAVE A
GUARD FOR HALF OF THE DAY. THE
SECURITY GUARDS RESPONSIBILITY
VERY AND SOMETIMES THEY'RE
LIMITED AND WHAT THEY CAN DO IT
TO RESPOND WHEN AN INCIDENT
HAPPENS, AND OFTEN TIMES THEY
THEMSELVES. HAVE BEEN ATTACKED,
AND THIS HAPPENED ON MY STORE AS
WELL. LAWMAKERS FEEL SAVED AT
OUR WORD SPACE, TURNING 30 NO
INTERNAL RAPID RESPONSE SYSTEM.
IN PLACE TO RESPOND TO AND HE
ESCALATE SITUATIONS. WE ARE TOLD
TO CALL 911 OR LAW ENFORCEMENT
HOTLINE NUMBER, WHICH IS VERY
FAST. IT CAN TAKE UP TWO HOURS.
FOR SOMEBODY TO PICK UP OR FOR
SOMEBODY TO SHOW UP. EVEN WHEN
WE CALL ON ENFORCEMENT. THE
RESPONSE TIME IS VERY DELAYED
ENFORCEMENT WILL SHOW UP HOURS
LATER. DAYS LATER OR NOT AT ALL
, AND WE ARE LEFT FEELING VERY
ALONE HAVING TO DEAL WITH THESE
OPTIONS, DANGEROUS SITUATIONS BY
OURSELF WITH A NICE INCIDENT WE
HAD A FEW DAYS AGO. ENFORCEMENT
DIDN'T SHOW UP AFTER SIX HOURS
LATER, THE SITUATION COULD HAVE
INSULATED AND BECOME VERY TRAGIC
IN THAT AMOUNT OF TIME. WORKERS
WE APPROACH OUR EMPLOYERS WENT
INCIDENTS ARE HAPPENING, THEN
PUSHES OFF TO LEARN FORCE MINT
AND NEITHER OF YOU ENTITIES
RESPONSIBILITY FOR 69 WERE
VIOLENT INCIDENTS HAPPENED IN MY
18 YEARS AS A KURDISH COWORKER.
I HAVE NOT ONCE ENCOUNTERED
ENFORCEMENT. SPONTANEOUS MY
STORES THAT I'VE BEEN WITHOUT AN
ENFORCEABLE COUNT LOTION.
SILENCE STANDARDS FOR
INTERVENTION FROM THE LEGISLATOR
. NOTHING WOULD CHANGE AT MY
STORE AND WE WILL HAVE TO
CONTINUE TO ENSURE K¾T. DAILY
INCIDENTS. EMPLOYERS MUST BE
REQUIRED TO PROVIDE TRAINING TO
WORKERS ON WORKPLACE BY THEN
WHAT TO DO WHEN AN INCIDENT
HAPPENS IN A RICE PROPOSED
INCIDENT RECOVERY ADDITIONALLY,
EMPLOYERS MUST LOOK AT THIS
STOPPING LEVELS AND THEN CAUSE
FOR WORK PAID BY THIS INCIDENT
OF TERRORISM IN THE FIRST PLACE.
AND STRONGLY URGED MOTION TO
ADOPT AND OF POSSIBLE GENERAL
INDUSTRY WERE BINDING STANDARD
IMMEDIATELY THAT IS STRONG OR
STRONGER THAN THE HEALTHCARE
STANDARDS. WE HAVE WAITED FIVE
YEARS WE CANNOT WAIT ANY LONGER
IN THE ABSENCE OF TOWN. ORSCHER
STRONGLY URGED LEGISLATORS TO
STEP IN. TO PROTECT US FROM
THESE DAILY VICIOUS ATTACK.
EVERY DAY COUNTS. OCEAN DOES NOT
ACT IS ANOTHER DAY A WORKER
FEARS FOR THEIR SAFETY. HARASS
THREATEN AND IN THE MOST
UNFORTUNATE SITUATION KILLED
WHILE WE ARE AT WORK. WE CALL
THE LABOR TOO MANY MEMBERS
SUPPORTED AND HAVING LOST AND
STANDARDS IN PLACE THAT PROTECTS
IS PREVENTED FROM BECOMING
ANOTHER. I APPRECIATE THE
OPPORTUNITY TO TESTIFY THIS
HEARING AND ON THE URGENCY OF
PROTECTING GROCERY STORE
WORKERS, SOME WORKPLACE FINDING
THANK YOU AND HAPPY TO ANSWER
ANY QUESTIONS WHEN APPROPRIATE.
BUT THANK YOU SO MUCH PRISCILLA
FOR SHARING. UM I KNOW THAT
PARTICULARLY DURING THE PANDEMIC
, BUT EVEN LONG BEFORE THAT, BUT
THE WE'VE SEEN FAST FOOD WORKERS
, GROCERY STORE WORKERS WITH THE
MASK, MANDATES AND OTHER ISSUES
THAT HAVE PUT THEM KIND OF IN
THE FIRING LINE, SO TO SPEAK OF
UNRULY CUSTOMERS, AND, UM. IT'S
YOU KNOW, JUST HEARTENING TO
HEAR THAT THERE IS NOT ALWAYS
BACK UP FROM THE EMPLOYER, BUT
SOME OF THESE SITUATIONS HAPPEN.
AND SO I YOU KNOW WHAT KIND OF
SERVICES AND SUPPORT ARE
PROVIDED TO GROCERY WORKERS WHEN
THERE IS AN INCIDENT OF
WORKPLACE VIOLENCE, AND IF THERE
IS A LACK OF THAT SUPPORT, WHAT
WOULD YOU LIKE TO SEE? AT THESE
WORKPLACES IF WHEN AN INCIDENT
DOES OCCUR SO WE CAN GIVE
GUIDANCE. WE HAVE OUR LABOR
COMMISSIONER HERE AT CHIEF OF
CAL OSHA. WHAT WOULD YOU SUGGEST
? COULD BE JUST HELPFUL TO
SUPPORT THE WORKER? UM YOU KNOW,
I YOU KNOW, JUST WHATEVER HELP
WE NEED AS IN LIKE, WE DON'T
WANT TO BE ALONE AND YOU KNOW WE
DON'T WE'RE LITERALLY NOT ONLY
AFRAID ARE SORRY. NOT ONLY ARE
WE ALREADY AFRAID OF, YOU KNOW
THE SITUATION THAT HAPPENED, BUT
, YOU KNOW, WE NEED SUPPORT FROM
, YOU KNOW, CHILD ALSO, YOU KNOW
TO HELP IN ANY WAY THAT THEY
CAN, BECAUSE WHAT WE'RE SUPPOSED
TO DO, FOR EXAMPLE, AND WE'RE IN
A SITUATION WHERE THE GUY WITH
THE KNIFE CAME IN, YOU KNOW,
LIKE ALL WE HAVE TO DO IS CALL
IN 1 800 NUMBER, WHICH IS A
HOTLINE FOR THE COMPANY. BUT
IT'S LIKE HELP BEING SENSE KNOW
ANYBODY COME IN NOW. YOU KNOW,
WE WERE PRETTY MUCH. UM WE
PRETTY MUCH HAVE TO WAIT AND YOU
KNOW THERE'S NO HELP FROM NOBODY
COMING. LIKE LIKE I SAID, EVEN
911, YOU KNOW, THEY TAKE WE HAD
AN INCIDENT WHERE ONE OF OUR
EMPLOYEES WAS OUTSIDE, AND HE
GOT ROBBED AT GUNPOINT RIGHT IN
FRONT OF THE STORE, AND THE
POLICE DIDN'T COME TO THE NEXT
DAY TO MAKE A REPORT. WE JUST
NEED, YOU KNOW. UM. SOMEBODY TO
HELP US AND YOU KNOW, WE NEED
THEM. SO IT SOUNDS LIKE AS THESE
STANDARDS ARE BEING DEVELOPED
SOME KIND OF OBLIGATION
RESPONSIBILITY OF EMPLOYERS TO
BE MORE RESPONSIVE RATHER THAN
HAVING A 1 800 NUMBER. WHAT HAVE
YOU BUT ACTUALLY MORE DIRECT
RESPONSE IN SUPPORT OF THE
WORKERS THAT ARE VICTIMIZED?
YEAH. SO YEAH. THAT'S GREAT.
WELL THANK YOU. SO MUCH FOR
SHARING. I APOLOGIZE FOR TAKING
UP SO MUCH OF YOUR LUNCH BREAK,
BUT YOUR FEEDBACK IS INCREDIBLY
IMPORTANT. AND YOU KNOW WHAT?
WE'RE CERTAINLY GOING TO DO WHAT
WE CAN TO INCORPORATE YOUR
THOUGHTS AND I KNOW YOU'RE
REPRESENTING SO MANY THOUSANDS
OF WORKERS, AND WE CERTAINLY
APPRECIATE YOUR FEEDBACK HAVING
THAT FRONT LINE EXPERIENCE OF
WHAT HAPPENS AT SOME OF THESE
WORKPLACES. SO THANK YOU SO
MUCH, PRISCILLA. YOU SO MUCH FOR
HAVING ME AND YOU KNOW MY LUNCH.
BREAK IT. THIS IS SO WAS MY
LUNCH BREAK AND THANK YOU. THANK
YOU. RIGHT WELL, WE'LL COME BACK
TO THE PANEL. SO THANK YOU FOR
ALLOWING THIS TRINIDAD TO SHARE
HER THOUGHTS AND WE'LL COME BACK
TO MATTHEW GOLDBERG, CHIEF OF
WORKERS OF THE WORKER PROTECTION
TEAM AT THE SAN FRANCISCO CITY
ATTORNEY'S OFFICE. GREAT THANK
YOU, CHAIRMAN, CHOLERA AND
MEMBERS OF THE COMMITTEE. I
APPRECIATE THE OPPORTUNITY TO
SHARE A FEW REMARKS WITH YOU
TODAY. AS YOU NOTED, I'M LEADING
A NEW TEAM IN THE SAN FRANCISCO
CITY ATTORNEY'S OFFICE. I SPOKE
THIS MORNING WITH THE CITY
ATTORNEY DAVID SHOE, ONE OF YOUR
FORMER COLLEAGUES. HE WAS SORRY
NOT TO BE HERE TODAY, AND HE
SENDS HIS ABSOLUTE BEST WISHES.
UM I JUST WANTED TO SHARE A FEW
QUICK POINTS WITH YOU TODAY, I
GUESS. FIRST AND FOREMOST. AS
THE SOLE REPRESENTATIVE FROM A
LOCALITY ON THE PANEL TODAY. I
GUESS THE MAIN THING I WANT TO
EMPHASIZE IS THE SIGNIFICANCE OF
THE ROLE THAT LOCALITIES PLAY IN
ENFORCEMENT OF WAGE AND HOUR
LAWS. AND HERE I'M TALKING ABOUT
CITIES AND COUNTIES, CITY
ATTORNEY OFFICES AND DISTRICT
ATTORNEYS. WE ARE IMPORTANT AND
ROBOT ROBUST PART OF THIS
ENFORCEMENT TAPESTRY JUST TO
KIND OF FLESH THAT OUT A TINY
BIT. I'LL JUST POINT OUT A
COUPLE OF DATA POINTS THERE ARE
OVER 40 LOCALITIES IN CALIFORNIA
THAT HAVE SET A MINIMUM WAGE AND
EXCESS OF THE CALIFORNIA MINIMUM
WAGE RIGHT AND TO TAKE ONE OTHER
EXAMPLE, THE CITY AND COUNTY OF
SAN FRANCISCO HAS ENACTED IN
RECENT YEARS. UP TO ABOUT TWO
DOZEN LOCAL LAWS THAT PROTECT
WORKERS IN VARIOUS WAYS. WE'RE
TALKING A SICK LEAVE. HIGHER
MINIMUM WAGE, FAMILY FRIENDLY
WORKPLACE ORDINANCE AND ON DOWN
THE LINE, SO THERE ARE A LOT OF
LAWS IN PLACE WHEN IT COMES TO
ENFORCEMENT. I WANT TO SHARE
JUST A FEW DETAILS. THERE THERE
ARE ABOUT A HALF DOZEN CITIES
AND COUNTIES WHO HAVE AUTHORITY
UNDER CALIFORNIA'S UNFAIR
COMPETITION LAW TO BRING
AFFIRMATIVE LAWSUITS ON BEHALF
OF THE PEOPLE OF THE STATE OF
CALIFORNIA. SAN FRANCISCO AND
SOME OTHER LARGE CITIES HAVE
BEEN UTILIZING THAT POWER TO
BRING BIG CASES AGAINST
EMPLOYERS VIOLATING WORKPLACE
RIGHT, SO THAT'S ONE PIECE.
SECOND THAT ALL 58 DISTRICT
ATTORNEYS ARE BOTH EMPOWERED
UNDER THE UNFAIR COMPETITION LAW
AND, OF COURSE, HAVE THE
AUTHORITY TO BRING CRIMINAL
ACTIONS AS I THINK, YOU KNOW, UM
, THIS LEGISLATIVE BODY ENACTED
RECENTLY. A BILL 81,003, LED BY
YOUR COLLEAGUE, FORMER COLLEAGUE
LORENA GONZALEZ TO INCREASE THE
CRIMINAL. UM SANCTIONS AROUND
WAGE THEFT. AND SO WE'RE SEEING
MORE DISTRICT ATTORNEYS GET INTO
THE GAME. OF UTILIZING THOSE
CRIMINAL ENFORCEMENT LAWS, AND
LASTLY, I'LL SAY THAT THERE ARE
EIGHT OR 10, MAYBE A DOZEN NOW
CITIES AND COUNTIES WHO HAVE
ESTABLISHED THEIR OWN
ENFORCEMENT AGENCIES WITHIN THE
CITY AND COUNTY GOVERNMENTS,
RIGHT AND SO I'M QUITE PROUD OF
SAN FRANCISCO'S OFFICE OF LABOR
STANDARDS ENFORCEMENT, JUST BY
WAY OF ONE EXAMPLE IN THE MOST
RECENT FISCAL YEAR. THAT AGENCY
RESOLVED OVER 300 CASES,
COLLECTED A COUPLE MILLION
DOLLARS IN PENALTIES AND, MORE
IMPORTANTLY, OVER $10 MILLION IN
RESTITUTION TO OVER 6000 SAN
FRANCISCO WORKERS, SO YOU HAVE A
PRETTY ROBUST AND IMPORTANT PART
OF THE FRAMEWORK HERE HAPPENING
AT THE LOCAL LEVEL. UM I'LL
TRANSITION JUST TO MENTION A
COUPLE OF CHALLENGES. THESE ARE
SORT OF HIGH LEVEL CHALLENGES
THAT I THINK, PLAGUE EVERYONE IN
THE PUBLIC SECTOR TRYING TO DO
THIS WORK, BUT IT'S IMPORTANT
CONTEXT FOR THINKING ABOUT, UM,
THE SCOPE OF THE PROBLEM. I
THINK WE ALL ARE AWARE OF WAGE
THEFT BEING RAMPANT AND THE
SIGNIFICANCE OF THE PROBLEM. ONE
IMPORTANT TREND LINE IN THE
RECENT YEARS IS THAT THE PRIVATE
SECTOR HAS BEEN SUBSTANTIALLY
HAMSTRUNG AND THEIR ABILITY TO
DO MEANINGFUL ENFORCEMENT WORK
RIGHT. THERE'S A COUPLE OF TREND
LINES THERE MOST PROMINENTLY ALL
MAJOR BUSINESSES AND NOW SMALLER
BUSINESSES ARE EMPLOYING
ARBITRATION PROVISIONS IN
EMPLOYMENT CONTRACTS. THEY
INCLUDE CLASS ACTION WAIVERS.
COMBINED MAKING IT INCREDIBLY
DIFFICULT FOR THE PRIVATE BAR TO
BE ROBUSTLY BRINGING NEW PRIVATE
SECTOR CASES AND THAT IS
CORRESPONDINGLY PUTTING
ADDITIONAL PRESSURE AND EMPHASIS
AND NEED FOR THE PUBLIC SECTOR
ENTITIES TO DO THIS WORK. AND I
GUESS THE TAKEAWAY THERE FROM
OUR PERSPECTIVE IS THERE CANNOT
BE ENOUGH RESOURCES. WITH OUR
FELLOW AGENCIES AT THE STATE
LEVEL AND OUR SISTER ENTITIES
ALL AT THE LOCALITIES UP AND
DOWN THE STATE OF CALIFORNIA
DOING THIS IMPORTANT WORK. UM
WITH THAT, OF COURSE, THE
CHALLENGES FUNDING WHICH HAPPENS
AT EVERY LEVEL, AND THAT'S NO
SURPRISE TO YOU. I WILL JUST
MENTION AGAIN FROM THE
PERSPECTIVE OF A LOCALITY. UM
PERHAPS WE OUGHT TO THINK IN THE%
IN THE MONTHS AHEAD OVER THE
COURSE OF THE SESSION ABOUT
CREATIVE WAYS THAT THE STATE
COULD CONSIDER FUNDING SOME OF
THE REALLY GREAT WORK HAPPENING
AT THE LOCAL LEVEL. AND I'M NOT
AN EXPERT IN THIS, BUT I WILL
JUST POINT OUT ONE MODEL THAT
SEEMS SORT OF RELEVANT OR THAT
WE COULD PERHAPS LEARN FROM. I
KNOW THAT THE CALIFORNIA
DEPARTMENT OF INSURANCE IN THEIR
FRAUD DIVISION ACTUALLY HAS A
FUNDING SOURCE RIGHT WHERE THEY
ARE FUNDING LOCAL DISTRICT
ATTORNEYS WHO DO, UM, WORKERS'
COMPENSATION INSURANCE PREMIUM
FRAUD CASES BECAUSE, OF COURSE,
THERE IS A BENEFIT THAT ENDURES
TO THE STATE. WHEN THESE
LOCALITIES BRING THESE CASES,
THEY CAN RECOVER PREMIUMS THAT
SHOULD HAVE BEEN PAID INTO STATE
COFFERS ALL ALONG, AND SO
THERE'S A MODEL WHEREBY THE
STATE IS FUNDING THAT LOCAL WORK
FOR THE PROGRAM. PRECISELY YEAH
, AND YOU CAN IMAGINE SOMETHING
SIMILAR. I MEAN, ONE OF THE MOST
COMMON KINDS OF WAGE THEFT THAT,
OF COURSE, THE LABOR
COMMISSIONER AND ALL THE
LOCALITIES ENCOUNTER IS
MISCLASSIFICATION CASES, RIGHT?
AND YOUR TYPICAL
MISCLASSIFICATION CASE INVOLVES
A LOT OF WEIGHT. AND THEFT FROM
AN INDIVIDUAL WORKER WHO IS
ENTITLED TO GET THAT MONEY BACK
. BUT YOU ALSO HAVE THESE
EMPLOYERS RIPPING OFF THE STATE
IN A VARIETY OF WAYS. I GUESS
MOST OBVIOUSLY AND PROMINENTLY,
THEY'RE NOT PAYING THEIR PAYROLL
TAXES, AND THEY'RE NOT PAYING
INTO THE UNEMPLOYMENT INSURANCE
TRUST FUND, WHICH IS
CONTRIBUTING TO THE IMBALANCE IN
THE CHALLENGE, AND IN THAT
FUNDING STREAM, AND SO I THINK
IT'S AT LEAST POSSIBLE THAT IN
THE IN THE MONTHS AHEAD, WE
COULD THINK ABOUT CREATIVE WAYS.
UM FOR THE STATE TO INCENTIVIZE
AND PERHAPS HELP FUND LOCALITIES
DOING WAGE THEFT ENFORCEMENT
WORK AND INCENTIVIZING THE
RECOVERY OF THOSE UNPAID TAXES
BACK INTO STATE COFFERS. UM I'LL
LEAVE IT WITH THAT I'M OPEN TO
ANY QUESTIONS, PARTICULARLY
ABOUT THE WAY OF THINKING, SO I
THINK THAT'S DEFINITELY THE KIND
OF CREATIVE THINKING THAT WE
HAVE TO HAVE. BECAUSE THERE'S NO
DOUBT IT WILL BE AS WE HEARD
FROM OUR LABOR COMMISSIONER.
EVEN GO INTO SOMETHING SMALLER
JURISDICTIONS THAT HAVE TENS OF
THOUSANDS OF WORKERS THAT THE
LABOR COMMISSIONER, THE STATE
CANNOT. EITHER PRIMARY OR ONLY
FORM OF ENFORCEMENT. WHEN YOU
NEED OUR LOCAL JURISDICTIONS,
I'M VERY PROUD OF OUR SANTA
COSTA COUNTY OFFICE OF LABOR
STANDARDS ENFORCEMENT AS WELL.
THERE'S NO DOUBT THAT IT HAS TO
BE A PARTNERSHIP WITH OUR
LOCALITIES. UM AND YOU KNOW,
I'VE WELL, I GUESS YOU PARTIALLY
ANSWERED THE QUESTION THAT I HAD
FOR YOU IN TERMS OF THE
CHALLENGES THAT YOU SEE IN
EXPANDING LOW LOCAL ENFORCEMENT
OF WAGE AND HOURS LAWS ACROSS
THE STATE. UM AND I THINK THAT
IS THE FUNDING CHALLENGE. AND
YOU DID OFFER YOU KNOW THEY
CREATIVE SOLUTION TO THAT, IN
TERMS OF GETTING MORE RESOURCES
TO LOCAL JURISDICTIONS. ANY
OTHER THOUGHTS THAT YOU HAVE IS
WHAT WE MAKE POSSIBLY DO TO HELP
EMPOWER THESE LOCAL
JURISDICTIONS TO AGAIN TAKE, YOU
KNOW, TAKE ON SOME OF THAT
RESPONSIBILITY FOR THEIR
RESIDENTS. SURE YEAH. I MEAN,
THIS ISN'T TOTALLY FLESHED OUT,
BUT I THINK THERE'S PROBABLY
SOME MORE THINKING WE COULD DO.
I SORT OF HIGHLIGHTED THAT
CERTAIN LOCALITIES HAVE CERTAIN
POWERS TO BRING THESE KINDS OF
CASES. UM WE COULD PROBABLY
THINK ABOUT HOW TO POTENTIALLY
EXPAND THE CAPACITY AND
ENFORCEMENT AUTHORITY TO
DIFFERENT CITIES AND SMALLER
ENTITIES WHO DON'T HAVE THE SAME
RIGHTS UNDER STATE LAW TO BE
BRINGING CASES AND BRINGING
ENFORCEMENT ACTIONS UNDER, YOU
KNOW, STATE LAWS AND SO, UM,
THAT'S CERTAINLY SOMETHING THAT
WE COULD WE COULD FLESH OUT A
LITTLE BIT MORE AND THINK
FURTHER ABOUT LOOK FORWARD TO
IT. ABSOLUTELY I'M NOT SURPRISED
THAT, UH, CITY ATTORNEY SHOE UM
VERY QUICKLY. A RELATIVELY
SPEAKING PUT TOGETHER WORKING
PROTECTION TEAM AND, UM, EXCITED
TO CONTINUE TO WORK WITH HIM AS
HE WAS CERTAINLY A GREAT
COLLEAGUE HERE THAT THAT, UH,
ROUTINELY STOOD UP FOR WORKERS,
SO CERTAINLY APPRECIATE
APPRECIATE YOU BEING HERE. DOES
ANYONE HAVE ANY ANY CLOSING
THOUGHTS OR ANYTHING AND ANY
QUESTIONS OR YOU HAVE AND YES.
YES, I JUST WOULD ADD ON THE
WORKPLACE VIOLENCE IN THE
INTERIM CAL OSHA IS ENFORCING
UNDER OUR GENERAL DUTY CLAUSE.
SO WE'RE WE TAKE IT AS SERIOUSLY
AS WE CAN. THANK YOU SO MUCH FOR
THAT. YES REALLY APPRECIATE
THAT. AND UM, STILL ABSOLUTELY
NEED TO GET THE STANDARDS DONE.
BUT THE FACT THAT YOU'RE NOT
IGNORING THE ISSUE, BUT
ACTUALLY, QUITE THE CONTRARY, IT
SEEMS LIKE YOU'RE TRYING TO
FOCUS ON IT, BUT WE DO KNOW IT'S
SUCH A BROAD ISSUE. THAT THOSE
STANDARDS I THINK IT WILL BE
REALLY IMPORTANT TO GET IN
PLACE. SO UM, AS AS WE HEARD
FROM MR ALAMO KIND OF DOING BOTH
THINGS THE SAME TIME, WHICH WE
KIND OF HAVE TO DO SO APPRECIATE
IT. THANK YOU, CHIEF. THANK YOU
ALL SO MUCH FOR TAKING THE TIME
TO BE HERE VERY MUCH APPRECIATE
THE OVERVIEW OF ENFORCEMENT,
INCLUDING, UM THE WORK AHEAD AND
A LOT OF THE WORK. WE NEED TO
CONTINUE TO DO TOGETHER, GOING
FORWARD. UM AND I THINK AT THIS
POINT, WE'LL MOVE ON TO THE NEXT
PANEL. THANK YOU ALL SO MUCH.
WHICH IS THE COUNTLESS STANDARDS
CHALLENGES TO ENFORCEMENT. WE
ALREADY HEARD FROM ONE OF OUR
PANELISTS, MISS TRINIDAD, BUT WE
ALSO HAVE WITH US THE DEAL
GRACIA CORNELIO, A WAREHOUSE
WITH THE WORLD WAREHOUSE WORKERS
RESOURCE CENTER REX EVANS AND
AMAZON WAREHOUSE WORKER. MATT
MCKINLEY, UPS WORKER AND TEAM
SHARES. LOCAL 1 50 TRUSTEE. AND
SANDY, READING WITH A REGISTERED
NURSE AND PRESIDENT OF
CALIFORNIA NURSES ASSOCIATION.
SO FEEL FREE TO MAKE YOUR WAY UP
AND GRAB A SEAT.
OKAY AND SO I BELIEVE THAT THE
OUR WAREHOUSE WORKER
REPRESENTATIVES WILL BE KIND OF
SPLITTING UP THEIR TIME, WHICH
IS FINE, AND SO WE CAN BEGIN AT
THE RATIO CORNELIO AND THEN
FOLLOWED BY REX EVANS. THANK YOU
VERY MUCH THIS ON OKAY. THANK
YOU. UM THANK YOU SO MUCH FOR
GIVING ME THE OPPORTUNITY TO
SPEAK ON BEHALF OF THE COMMUNITY
THAT I'VE BEEN WORKING WITH FOR
SO MANY YEARS. MY NAME IS
DEOGRACIAS CORNELIO IN DIAGRAM,
THE ORGANIZATIONAL DEVELOPMENT
DIRECTOR AT THE WAREHOUSE WORKER
RESOURCE CENTER. I HAVE WORKED
AS A LABOR HEALTH EDUCATOR FOR
ALMOST TWO DECADES. FOR THE
STATE OF CALIFORNIA. UM AND IN
THAT IN THOSE TO THE KIDS,
ALMOST TO THE CASE. I HAVE
PARTNERED FOR MANY YEARS AND
FOCUSED ON A VARIETY OF LOW WAGE
WORKERS. BUT IN PARTICULAR
WAREHOUSE WORKERS AND NOW I HAVE
JOINED THE ORGANIZATION. UM THE
ONE HAS WORKED AT RESEARCH
CENTER IS LEAD. IT HAS BEEN
LEADING THE STATE ALL OF OUR
EFFORTS TO IMPROVE WORKING
CONDITIONS IN THE LOGISTICS
INDUSTRY IN THE STATE,
PARTICULARLY IN THE INLAND
EMPIRE. THE WAREHOUSING INDUSTRY
. AS EVERYBODY KNOWS, IT'S A
MASSIVE ECONOMIC FORCE IN THE
STATE OF CALIFORNIA. OVER HALF A
MILLION PEOPLE WORK IN THIS
SECTOR. AND WORK. WORKPLACE
HEALTH AND SAFETY HAS LONG BEEN
A CENTRAL CONCERN IN THIS SECTOR
WITH HEAT ILLNESS AND ERGONOMIC
INJURIES, PRESENTING SPECIALLY
BROAD AND GROWING THREATS.
UNFORTUNATELY TRAGICALLY.
CALIFORNIA LAGS ADEQUATE SAFETY
STANDARDS FOR BOTH OF THESE
HAZARDS, AND CALIFORNIANS ARE
STILL WAITING ON THIS
PROTECTIONS. HUSBAND GIVES
RESEARCH CENTER WAS A KEY
SPONSOR, ALONG WITH THE
CALIFORNIA FEDERATION OF LABOR,
TEAMSTERS AND WORK SAFE AND
MOVING. SB 11 67 IN 2016 TO
ESTABLISH A KALUSHA STANDARD.
SINCE THEN, WE HAVE ADVOCATED
FOR A POLICY THAT IS STRONG AND
APPLIES BROADLY TO ALL WORKERS.
IN WAREHOUSES AND OTHER
INDUSTRIES ACROSS THE STATE IN
WHAT WE HAVE FOCUSED ON AND
EMPHASIZE IS CLEAR REQUIREMENTS
FOR EMPLOYERS TO IMPLEMENT
CONTROL MEASURES AT VERY
SPECIFIC TEMPERATURES, WHICH WE
CAN MEASURE. LEARN MORE ABOUT UM
SB 11 67 REQUIRED KALUSHA TO
PRESENT AN INDOOR HIT STANDARD
TO THE STANDARDS BOARD BY
JANUARY 1ST OF 2019, AS WE ALL
KNOW. BUT THE STANDARD REMAINS
TIED UP IN THE DEPARTMENT OF
FINANCE, STANDARDIZED REGULATORY
IMPACT ANALYSIS. WE HEARD THAT
THAT'S BEEN COMPLETED, SO THAT'S
GOOD NEWS. HOWEVER INAPPROPRIATE
A PROPOSED TO PROPOSE OF IMPACT
ANALYSIS. I WANTED TO SHARE SOME
OF WHAT WE SEE. THE DANGER FOR
WORKERS IS ONLY GETTING WORSE.
IN THE PAST FEW YEARS, CLIMATE
CHANGE HAVE PUSHED TEMPERATURES
INSIDE THE WAREHOUSES HIRE NOT
JUST DURING THE HEAT WAVES, BUT
THROUGHOUT THE SUMMER, WAREHOUSE
WORKERS HAD A SIGNIFICANTLY HIGH
RISK OF HID ILLNESS BECAUSE
THEIR WORKLOADS, FAST PACE AND
LONG SHIFTS, RESULTING HEAVY
PHYSICAL AND MEXICAN MENTAL
EXTORTION. PLEASE ENVISION THIS
ENVIRONMENT WITH ME. PEOPLE WHO
WORK ANYBODY WHO WORKS AT A HIGH
SPEED, ESPECIALLY UNDER QUOTAS.
EXPERIENCE HEAT MORE SEVERELY.
WE KNOW THAT ANYONE WHO'S
WORKING TOO FAST, AND HE'S NOT
ALLOWED TÌM. TO TAKE BREAKS,
DRINK WATER OR COOL DOWN IS
POTENTIALLY IMMEDIATELY IMPAIRED
, COGNITIVELY AND PHYSICALLY. IF
THIS HAPPENS WHILE ONE IS
OPERATING IN AN ENVIRONMENT WITH
OTHER RISKS. BIG RISKS SUCH AS
HEAVY MACHINERY. CONFINED SPACES
AND MOVING FORKLIFT. THE RISK OF
ACCIDENTS AND FATALITIES
MULTIPLIES. ADDITIONALLY PEOPLE
WHO FACE DEMANDS OF INTENSE
EXERTION IN THEIR ALSO LIVING
PRECARIOUSLY BECAUSE OF LOW
WAGES, WAGE THEFT AIR POLLUTION
LIVING SURROUNDED BY WAREHOUSES.
THOSE PEOPLE ARE MORE EVEN MORE
PREPARED TO, UM, TO FACE THIS
INCREASE IN TEMPERATURES WHEN
THE REASON HEAT WAVES MAINTAINED
HIGH TEMPERATURES AT NIGHT.
EVERYBODY HEARD THAT THAT WAS
ONE OF THE ISSUES THAT WITH THE
CLIMATE CHANGE THE CLIMATE
BREAKDOWN NOW THE TEMPERATURES
DON'T GO DOWN. BUT IF WORKERS
ARE LIVING IN NOT OPTIMUM
HOUSING, IF THEY DON'T HAVE EVEN
IN THEIR PERSONAL LIVES, ALSO
THE OPPORTUNITY FOR THEIR BODIES
TO CALL DOWN THEN THEY RETURNED
TO THE WAREHOUSE IN A VERY
DISADVANTAGED POSITION. IN SOME
, AND AS WE CONCLUDED DURING OUR
OUTDOOR HE DIDN'T PREVENTION
CAMPAIGN. I WAS VERY CENTRAL
PART OF THAT IN MY ROLE. WE
LEARNED THAT EXCESSIVE HEAT CAN
KILL OR DISABLED PEOPLE TO VITAL
ORGAN DAMAGE AND THROUGH THE
RISK OF ACCIDENTS, BUT NOW
NEIERS AS I WAS READING IN
PREPARATION TO COME HERE HAS
RAISED CONCERNED THAT THE
POSSIBLE EFFECTS OF EXPLORE. AH
OVER. I'M SORRY. THE POSSIBLE
EFFECT OF PROLONGED EXPOSURE TO
HEAT, UM, CAN HAVE NEGATIVE
IMPACTS EVEN IN PEOPLE'S
REPRODUCTIVE REPRODUCTIVE
SYSTEMS. SO WORKING WHO DON'T
HAVE THE ABILITY OR THE
DISCRETION OR THE FREEDOM TO
COOL DOWN WHEN THE SHIFT WHEN
THEY ARE OFF SHIFT OR ON BREAK
ALL FAITH THOSE THESE RISKS.
ACCIDENTS AND THEN TERRIBLE, UM
, IMPACT TO THEIR ORGANS, THEIR
VITAL ORGANS. SO MY QUESTIONS
ARE ARE AS SOMEBODY WHO HAS BEEN
DOING THIS WORK FOR SO MANY
YEARS. WHAT ARE THE APPROPRIATE
RESPONSES TO HEAT? WE KNOW WHAT
THEY ARE RIGHT? LIKE WE ARE VERY
THIS IS A KNOWN HASSAN, AS WE
SAY, AND WE ALSO KNOW THAT IN
INDOOR INDOOR SPACES, IT'S
EASIER TO CONTROL THE
TEMPERATURE, THE HUMIDITY, THE
RADIANT HEAT, AND ALL OF THAT.
AH SO WHAT IS THE COST? WHAT IS
THE PROBLEM THAT EMPLOYERS ARE
NOT DOING THESE THINGS. WE KNOW
THAT EXCESSIVE HEAT CAN DAMAGE
EQUIPMENT. AND WE KNOW THAT
COOPERATIONS PROTECT THEIR
EQUIPMENT FROM DAMAGING. SO.
WHAT DO THEY DO TO PROTECT THEIR
WORKFORCE THEIR WORKFORCE? OUR
EMPLOYERS. ALL OF OUR ALL OF US
HERE. MOST OF US HERE PROVIDE
PROTECTION FOR IN THEIR HEAT FOR
US. WE ARE IN A COMFORTABLE
SPACE HERE RIGHT NOW. AH, WHY
CAN'T AMAZON NOT PROVIDE, UM
APPROPRIATE WORKING CONDITIONS
TO THEIR WORKERS. UM AND WHO ARE
THE PEOPLE THAT DO THIS WORK?
WHAT IS THE COST OF A DELAYED
STANDARD AND WHO IS BEARING THAT
COST IS WHAT WE WANT TO KNOW.
FOR EMPLOYERS. A DELAYED IN
THEIR HEAT STANDARD TRANSLATES
INTO THE EXTERNALIZATION OF
COSTS. THIS IS ONLY POSSIBLE
BECAUSE OF A SYSTEM THAT ALLOWS
FOR A DISPOSABLE WORKFORCE. FOR
WORKERS, ON THE OTHER HAND, WHO
ARE FORCED TO CHOOSE AGAINST
THEMSELVES TO MAINTAIN
PRODUCTIVITY AND TO KEEP THEIR
JOBS. A DELAYED STANDARD IS
ABANDONMENT. ALL PEOPLE WHO WORK
INDOORS NEED INDOOR HEAT
PROTECTION. LIKEWISE DESPITE
HIGH RATES OF DEBILITATING
INJURIES IN WAREHOUSES,
ENFORCEMENT TO ADDRESS HASHES,
SUCH AS ERGONOMIC RISK FACTORS
IS ALSO IS MISSING. THIS IS
LARGELY BECAUSE WE BECAUSE THE
CALIFORNIA STANDARD OF
REPETITIVE MOTION INJURIES
PROVIDE FEW PROTECTIONS FOR
WORKERS AND ALLOWS US SAFE
HARDWARE FOR MOST EMPLOYERS
ACTIONS. 2021 ACADEMIC STUDY
FOUND THAT WHILE WORKERS'
COMPENSATION CLAIMS FOR
WAREHOUSE WORKERS QUADRUPLED IN
NUMBERS BETWEEN 2014 AND 2018,
HAS ISSUED ZERO CITATIONS TO
WAREHOUSE EMPLOYERS AND THEIR
REPETITIVE MOTION INJURY
PREVENTION STANDARDS. WE KNOW
WAREHOUSE WORKERS BEST AND WE
CAN SPEAK DIRECTLY TO THEIR
CONDITIONS. WE SEE HIGH INJURY
RATE IN THIS SECTOR BETWEEN
SEVEN AND 13 INJURIES PER 100
WORKERS PER YEAR IN RECENT YEARS
WITH AMAZON AT THE HEIGHT OF
THIS SCALE, EVEN IF THEY HAD HAD
BECOME THE LARGEST PRIVATE
EMPLOYER IN IN CALIFORNIA.
EVERYTHING YEARS. WE CANNOT
CONTINUE TO WAIT FOR THE STATE
TO FULLY PROTECT OUR HEALTH AND
SAFETY AND WE CANNOT CONSENT TO
HAVING LOW PAY YET ESSENTIAL
WORKERS CARRYING ALL THE COSTS
FOR BUSINESSES THAT OPERATE IN A
WAY THAT IS COLORLESS,
INEFFICIENT AND BACKWARDS. WE
EXPECT THAT COLOSSAL WILL TAKE
THIS OPPORTUNITY TO FINALIZE THE
INDOOR HEAT STANDARD AND
IMPLEMENTED IN TIME FOR THE
SUMMER OF 2023. EVEN THOUGH WE
HEARD THIS STORY BEFORE WE WERE
BOTH LIKE, OH, MY GOD. AH AND IT
IS LONG PAST TIME. CALIFORNIA
ADDRESSES SHORTCOMINGS IN
PREVENTING STAGGERING NUMBERS OF
SERIOUS MUSCULAR,
MUSCULOSKELETAL AND OTHER
ECONOMIC RELATED INJURIES COST
TO WORKERS. THEIR FAMILIES IN
OUR COMMUNITIES IS TOO HIGH.
MORE URGENT ACTION IS NEEDED. WE
CANNOT WAIT ANOTHER YEAR FOR
THIS IMPORTANT STANDARD TO BE
IMPLEMENTED. THERE'S GOTTA BE
SOMETHING THAT CAN BE DONE.
THANK YOU FOR YOUR TIME. THANK
YOU SO MUCH, MR EVANS. GOOD
AFTERNOON. MR CHAIRMAN AND OTHER
MEMBERS OF THE COMMITTEE. THANK
YOU FOR GIVING ME THIS
OPPORTUNITY. MY NAME IS REX
EVANS AND I WORK AT THE KSB D,
WHICH IS IN AMAZON AIR HUB IN
SAN BERNARDINO, CALIFORNIA. FOR
THE LAST 2.5 YEARS. I'VE WORKED
AT A MILAN AT THE AMAZON AND
THIS IS MY SECOND AMAZON
WAREHOUSE. I CAME TO THIS
FACILITY BECAUSE I WAS EXCITED
TO WORK WITH AIRPLANES. UH AT
KSB D I WORK OUTSIDE ON THE
TARMAC. AND I HAVE I HAVE MANY
JOBS. BUT ONLY GET PAID FOR ONE.
I'M A CARGO TUG OPERATOR AND
PUSH BACK OPERATOR. UH I'M A
HEADSET OPERATOR, AND I'M ALSO A
LEARNING AMBASSADOR, WHICH IS
BASICALLY A TRAINER. UH, BUT I
ONLY GET PAID FOR ONE. UM
WHATEVER THAT MEANS. I HELPED
LOAD AND UNLOAD THE PLANES FULL
OF PACKAGES, OR OUR FACILITY IS
HUGE AND HAS THE CAPACITY TO BE
EVEN LARGER. WORKING ON THE TURN
BACK MEANS THAT WE ARE OUTSIDE
THIS SUMMER TEMPERATURES IN SAN
BERNARDINO WAS WELL OVER 100
DEGREES. BUT FOR 30 DAYS. IT WAS
A HOT SUMMER AND GOING INTO
LABOR DAY WEEKEND. WE KNEW THERE
WAS GOING TO BE A HEATWAVE.
PEOPLE WHO ARE WORK WORK WITH
CLOSELY WHO I CALL MY FRIENDS
HAVE SUFFERED FROM HEAT
ILLNESSES THIS SUMMER, AND WE
HAVE SEEN THE NEWS ABOUT WHAT
HAPPENED AT OTHER AMAZON
FACILITIES. PEOPLE ACTUALLY DIED
. THAT'S HEARTBREAKING TO HEAR
AND WE KNOW THAT HEAT ILLNESS IS
PREVENTABLE. GOING INTO LABOR
DAY WEEKEND. WE WERE VERY
WORRIED ABOUT OUR HEALTH AND
SAFETY, KNOWING THAT HOW HOT IT
WAS GOING TO BE, AND WE KNEW WE
HAD TO TAKE ACTION. WE HAVE TO
PROTECT OURSELVES. FIRST CASE,
BD WORKERS ORGANIZED EMERGENCY
DELEGATE DELEGATIONS LED ONE OF
THE DELEGATIONS WITH OVER 50
ASSOCIATES. WE CONFRONTED OUR
WAREHOUSE GENERAL MANAGER WOULD
DEMANDS RELATED TO HEAT ILLNESS
PREVENTION AND SAFETY WHEN
WORKING IN HERE IN THE HEAT. WE
TOLD THE MANAGER THAT WE WOULD
BE ENFORCING HEAT REST BREAKS ON
OUR OWN. AND, UH, PEOPLE SHARED
THEIR OWN STORIES OF BLOODY
NOSES, DIZZINESS AND NEAR FANNY.
AND MORE AND MORE DUE TO THE
HEAT. I AM A FARMER. I'M A
RETIRED FIREFIGHTER AND
FIREFIGHTER E M T. SO I KNOW
WHAT HEAT ILLNESSES LOOK LIKE.
AND I HAVE BEEN FORMALLY I HAVE
BEEN FORMALLY TRAINED ALSO KNOW
AMAZON. THAT THEY WERE NOT GOING
TO KEEP US SAFE ON THEIR OWN.
AFTER THE DELEGATION AS A GROUP
OF US ABOUT BROUGHT THESE
BROUGHT IN THESE THERMOMETERS
THAT ACTUALLY MEASURED THE HEAT
INDEX ON A ON A ON THE APP AND
WE ALSO BEYOND REGULAR
THERMOMETERS TO KEEP AMAZON
HONEST. WE MEASURED TEMPERATURES
UP TO 90 DEGREES OUTSIDE ON THE
TARMAC. AND UM I ONE OF MY CARGO
TUGS HIT 121 DEGREES. AROUND 500
PEOPLE WORK AT AMAZON. OUTDOORS
SEVERAL THINGS THAT OUT TO ME
THAT WEEKEND ONE BECAUSE WE WERE
WE WERE HOLDING THEM ACCOUNTABLE
TO OUR SAFETY. AMAZON MANAGEMENT
DID TAKE TEMPERATURE
MEASUREMENTS BUT OFTEN IN THE
SHADE AND UNDERNEATH THE BELLY
OF THE AIRCRAFT, WHICH IS NOT
GOING TO GIVE YOU A TRUE
READING. GIVE ME THE SECOND. SO,
UH, NUMBER TWO AMAZON ACTUALLY
SHUT DOWN PRODUCTION FOR A SHORT
TIME ON SEPTEMBER 4TH THE SAME
TIME I MEASURED 121 DEGREES WERE
ATTRIBUTED. WE ATTRIBUTE THIS TO
THE FACT THAT WORKERS WERE
WATCHING OUT AND AWARE OF OUR
RIGHTS OUTSIDE, IT WAS CLEAR IT
WAS HOT AND BECAUSE OF OUR WORK
WORKERS WHO WORKED. TO EDUCATE
OUR COWORKERS ABOUT OUTDOOR HEAT
STANDARDS, CAL OSHA AND HEAT
BREAKS PEOPLE KNEW THAT THEY
WERE WELL WITHIN THEIR RIGHTS TO
BE EXERCISED CAUTION AND IT TO
BE SAFE. THE SAME CANNOT BE SAID
FOR MY COWORKERS WHO WORK
INSIDE. WE KNOW THAT CALIFORNIA
PASSED A LAW IN 2016, PROMISING
TO DEVELOP INDOOR HEAT STANDARDS
BY 2019. BUT THE STATE HAS YET
TO DO SO. WITHOUT CLEAR
STANDARDS. IT'S MY VIEW THAT
GAVE IT KSB D IS AN ON PLACED
UNSAFE WORKPLACE AND EVERYDAY
AMAZON IS KNOWINGLY PUTTING
EMPLOYEES AT RISK OF ILLNESS AND
EVEN DEATH. THANK YOU. THANK YOU
, UM AND AS HAS BEEN REFERRED TO
THE 2019 WAS THE ORIGINAL, UM,
TIMELINE TO GET HALF INDOOR HEAT
STANDARDS AND, OF COURSE, BY
MISSING THAT DEADLINE IN
DELAYING THAN THE PANDEMIC HIT,
AND YOU KNOW, WE'RE TALKING
ABOUT NOW GOING ON. WE'RE
APPROACHING CLOSE TO A DECADE
WAITING FOR THOSE STANDARDS AND
SO THE URGENCY IS THERE. I'M
GLAD TO HEAR THERE'S A LIGHT AT
THE END OF THE PANEL, SO TO
SPEAK, BUT, UM, I THINK TO, UM
UM TO MISS CORNELL. EOS UM,
POINT UM AT WHAT COST AND AT
WHAT COST OF THE WORKERS AND MR
EVANS GIVEN YOUR CAREER IN
SERVICE AS A FIREFIGHTER, WHICH
WE VERY MUCH APPRECIATE. I TAKE
YOUR THOUGHTS ON THIS AS BEING A
FIREFIGHTER E M T. YOU HAVE
INCREDIBLE CREDIBILITY IN TERMS
OF THE DAMAGE THAT'S DONE IN THE
HEAT. UM AND THE EXPOSURE THAT
THAT YOU AND YOUR FELLOW WORKERS
ARE GOING THROUGH, UM, YOU KNOW,
AND I THINK YOU KNOW TO BE AN
ADVOCATE FOR YOUR CO WORKERS, I
THINK IS IT'S QUITE
EXTRAORDINARY. GIVEN YOUR
BACKGROUND AS WELL. AND HAVE IN
11 QUESTION I HAVE FOR EITHER OF
YOU. HAVE YOU SEEN CAL OSHA? DO
ANY INSPECTIONS OF YOUR
WORKPLACE IS BASED UPON
COMPLAINTS OF HIGH INDOOR OR
EVEN OUTDOOR HEAT AND REAL
COMPLAINTS. IF SO, WE'RE
COMPLAINTS RESOLVED AT ALL IN A
TIMELY WAY. HAVE YOU EVER SEEN
CAL OSHA AT YOUR WORKSITE
REGARDING A COMPLAINT? I HAVE
NOT. WELL IN MY ROLE. AS I SAID
, I WORK FOR THE STATE OF
CALIFORNIA, IMPLEMENTING THE
WASH STEP PROGRAM FOR MANY
YEARS. AH AND YES, DURING THE
OUTDOOR HEAT CAMPAIGN, WE DID
SEIZE REGULATIONS. WE ACTUALLY
GOT WAREHOUSE WORKERS WAS ABLE
TO GET SOME OF THAT ACTION, BUT
IT TOOK IT'S A LOT OF EFFORT WE
ARE AWARE, AND WE TRAINED
WORKERS ABOUT THE LIMITATIONS OF
COLLAGE TO BUT WE FEEL THAT
SOMETHING CAN BE DONE AND SHOULD
BE DONE TO ADDRESS THAT. SOME OF
THOSE CASES COMPLAINTS WERE
RESOLVED, BUT NOT NECESSARILY IN
A TIMELY WAY, AND IT TOOK A LOT
OF EFFORT ON OUR PART TO
DOCUMENT EVERYTHING TO SUPPORT
THAT EFFORT. YES, THANK YOU. SO
MUCH FOR YOUR EXPERTISE AND
FEEDBACK AND SOME OF THE UM,
FEEDBACK ON WHAT'S HAPPENING.
ACTUALLY AT THE WORKPLACE IS,
YOU KNOW, I THINK THAT SOME OF
THE MOST IMPORTANT FEEDBACK YOU
CAN POSSIBLY GET IN THESE
INFORMATIONAL HEARINGS IS WHAT'S
REALLY HAPPENING ON THE GROUND.
UM I THINK IT'S HELPFUL FOR US
LEGISLATORS BUT ALSO THE FOLKS
THAT WERE PART OF THE PREVIOUS
PANEL AND THEIR STAFF TO
UNDERSTAND. THAT THE URGENCY IS
HAS BEEN THERE AND CONTINUES TO
BE THERE, AND SO, UM, CERTAINLY
ENCOURAGED A RAPID ADOPTION OF
STANDARDS, SO THAT THERE THERE
IS SOME SENSE OF RESPONSIBILITY
ON THE PART OF THE EMPLOYERS. UM
THAT'S MORE FORMALIZED THROUGH
ADOPTION OF STANDARDS. SO THANK
YOU BOTH SO MUCH, UM AND STICK
AROUND AND AS WE GO THROUGH THE
REST OF PANEL IN CASE THERE ANY
OTHER QUESTIONS OR COMMENTS THAT
YOU MAY HAVE AND WE'LL MOVE ON
TO MATT MCKINLEY, UPS WORKER AND
THE TEAMSTERS LOCAL 1 50
TRUSTEE. HELLO MR CHAIR,
REMEMBERS THANK YOU FOR THE
OPPORTUNITY TO SPEAK TODAY ON
BEHALF OF THE CALIFORNIA
TEAMSTERS. MY NAME IS MATT
MCKINLEY. I AM IN MY 28TH YEAR
AS AN EMPLOYEE AT UPS. I STARTED
BACK IN 1995 AS A LOADER. I'M
ALSO A TRUSTEE ON THE EXECUTIVE
BOARD OF TEAMSTER LOCAL 1 50,
BASED HERE IN SACRAMENTO. OUR
LOCAL REPRESENTS 10,000 WORKERS
ACROSS THE GREATER SACRAMENTO
REGION, INCLUDING 2200. UPS R S
. I WAS ASKED BY OUR UNION TO
COME HERE TODAY AND SHARE THE
EXPERIENCE OF UPS TEAMSTERS WHO
HAVE SEEN IN AN ALARMING
INCREASE IN HEAT RELATED
INJURIES IN THE WORKPLACE, WITH
HER SUMMER IS GETTING HOTTER AND
LONGER DUE TO CLIMATE CHANGE.
THIS HAS BECOME A GROWING
PROBLEM IN ALL WORKPLACES.
INCLUDING AT UNIONIZED EMPLOYEES
LIKE UPS. YOU MAY HAVE SEEN
REPORTING OVER THE SUMMERS ABOUT
TEAMSTERS AT UPS SUFFERING FROM
EXTREME AND FREQUENT HEAT
EXPOSURE. WE HAVE PICTURES FROM
OUR MEMBERS USING THERMOMETERS
INSIDE THEIR TRUCKS. IT IS NOT
UNUSUAL FOR TEMPERATURES TO
EXCEED 120 DEGREES IN THE SUMMER
, FEDERAL OSHA INSPECTORS HAVE
DOCUMENTED HEAT INDEXES OF 1 26.
COMBINE THAT WITH AN INCREASE IN
E COMMERCE AND A PHYSICALLY
DEMANDING JOB. IT'S EASY TO SEE
WHY WE HAVE A PROBLEM. IN SOME
CASES ARE MEMBERS HAVE TO HAVE
DIED FROM EXTREME HEAT,
INCLUDING ESTEBAN CHAVEZ JR. WHO
PASSED AWAY WHILE DELIVERING
PACKAGES FOR UPS IN PASADENA.
THIS PAST YEAR. HE WAS JUST 24
YEARS OLD. LAST YEAR, JOSE CRUZ
RODRIGUEZ, A 23 YEAR OLD UPS,
DRIVER AND TRAINING DIED FROM A
DETERMINED HE RELATED ILLNESS.
YOU MAY HAVE ALSO SEEN FOOTAGE
ON SOCIAL MEDIA FROM DOORBELL
CAMERAS, CAPTURING OUR MEMBERS
COLLAPSING OUTSIDE OF HOMES OR
TIKTOK VIDEOS OF DRIVERS BAKING
COOKIES ON THE METAL SURFACES.
INSIDE THE TRUCKS ARE UNION
BELIEVES THAT REPORTING OF HEAT
RELATED ILLNESSES AND INJURIES
ARE SEVERELY UNDER REPORTED. IN
THE PAST SEVERAL SUMMERS, IT HAS
BECOME COMMON TO HAVE 68
EMERGENCY ROOM VISITS. PER
SUMMER FOR A STAFF OF 400 INSIDE
MY BUILDING ALONE, GENERALLY,
MOST OF THOSE EMERGENCY ROOM
VISITS OR MADE AFTER A 911 CALL
PERSONALLY IN THE SUMMER OF
2020. I WAS HELPING ONE OF MY CO
WORKERS AT THE END OF THE SHIFT
WHO WAS SUFFERING FROM HEAT
RELATED ILLNESS. I HAD PUT HIM
IN A AIR CONDITIONED ROOM AND
PUT ICE PACKS ON HIS WRIST AND
NECK, AND WHEN IT IN ABOUT 10
MINUTES OF TREATMENT, HE
COLLAPSED INTO MY ARMS AND ONE
AND CONVULSIONS AFTER GOING TO
THE HOSPITAL. HIS WIFE CALLED ME
SEVERAL HOURS LATER AND INFORMED
ME THAT THE MEDICAL STAFF HAD
LET HER KNOW THAT HAD HE NOT
GONE TO THE HOSPITAL. HE
PROBABLY WOULD HAVE EXPIRED.
THIS IS A VERY STRONG, ROBUST
MAN. THAT WAS ONLY ABOUT 35
YEARS OLD AND WAS CLOSE TO TWO
DECADES INTO AS UPS CAREER, SO
HE WAS NOT DONE ACCLIMATED OR
UNUSED TO OUR WORKING
CONDITIONS. ALL THE WHILE UPS
VEHICLES ARE NOT EQUIPPED WITH
AIR CONDITIONING. THE COMPANY
HAS BEEN SLOW TO GET DRIVERS
FANS OR MAKE ANY OR ANY
ACCOMMODATIONS TO TRY AND CUT
DOWN THE HEAT. EITHER IN THE
FRONT OF THE VEHICLE OR IN THE
BACK WORK CAN BE AN ADDITIONAL
40 DEGREES HOTTER THAN THE
OUTSIDE TEMPERATURE. KEEP IN
MIND. THIS IS A COMPANY THAT IS
MAKING RECORD OPERATING PROFITS
YEAR AFTER YEAR. ON SEVERAL
OCCASIONS, UPS HAS BEEN CITED BY
OSHA FOR HEAT RELATED INJURIES,
INCLUDING HERE IN CALIFORNIA,
AND UPS IS WELL KNOWN
HISTORICALLY TO BOTH CAL OSHA
AND TO THE FEDERAL OCEAN
DEPARTMENT AS ONE OF THE MOST
CITED COMPANIES IN THE HISTORY
OF EITHER DEPARTMENT. GOING INTO
CONTRACT NEGOTIATIONS FOR OUR
350,000 MEMBERS AND THAT
NATIONALLY AND 30,000 HERE AND
IN CALIFORNIA, THE TEAMSTERS
WILL BE PUSHING FOR A HOST OF
SAFETY AND HEALTH IMPROVEMENTS
IN THE WORKPLACE, INCLUDING
AROUND HEAT ILLNESS PREVENTION.
THERE ARE FEASIBLE METHODS TO
CONTROL OCCUPATIONAL HEAT
EXPOSURE, SUCH AS STAFFING
MANDATES OR CURFEWS FOR DRIVERS
SO THAT THEY ARE NOT WORKING. 14
HOURS ONLY GETTING 10 HOURS OFF
TO GO OUT AND DO THE SAME THING
AGAIN. SOMETIMES UP TO SIX DAYS.
A WEEK IS WHAT WE'RE BEING
MANDATED CURRENTLY BECAUSE OF
THE PANDEMIC, AND THAT HAS BEEN
SINCE MARCH OF 2020. COOLING
STATIONS INSIDE THE WAREHOUSE.
AS THESE KIND FOLKS TOLD YOU
ABOUT. IT'S NOT MUCH BETTER
INSIDE THERE IN THE BACK OF A 54
FT BOX TRUCK, IT AGAIN CAN BE
120 TO 130 DEGREES. UH
ADDITIONALLY, ON TOP OF THAT,
MAYBE A REGULATORY STANDARD IN
LINE WITH CALIFORNIA CODE OF
REGULATIONS TITLE EIGHT SECTION
33 95, WHICH CALLS FOR COOL DOWN
PERIODS OF 10 MINUTES FOR EVERY
TWO HOURS ON DAYS THAT IT IS 95
OR ABOVE THE STANDARD CURRENTLY
IS FOR OUTDOOR WORKERS, WHICH WE
ARE NOT CLASSIFIED AS, INCLUDING
AMAZON AND UPS DELIVERY DRIVERS.
UM. IN CLOSING, UH, WE ARE NOT
SEEKING TO BE MADE COMFORTABLE.
WE ARE ONLY BEING ASKED TO NOT
BE SUBJECT TO ILLINOIS ILLNESS,
INJURY OR POSSIBLE DEATH IN THE
PERFORMANCE OF OUR JOBS. THANK
YOU FOR ALLOWING ME TO COME HERE
TODAY AND RAISE THESE CONCERNS
ARE UNION LOOKS FORWARD TO
WORKING WITH THE LEGISLATOR,
LEGISLATORS AND REGULATORS ON
MEANINGFUL EFFORTS TO ADDRESS
HEAT AND THE WORK WITH, UM THANK
YOU SO MUCH, MR MCKINLEY. UM AND
I THINK OF ALL THE LEGISLATORS
THAT HAVE SEEN THOSE TIKTOK. YOU
BROUGHT IT TO THE RIGHT ONE
BECAUSE THEY HAVE ACTUALLY
HAVEN'T SEEN THOSE TIKTOK'S AND
IT'S PRETTY APPALLING TO SEE. UM
SEE WHAT'S HAPPENING. UH AND AS
WAS MENTIONED, UM, BY MS
CORNELIO. I MEAN, IT'S ONE THING
. IT'S ONE THING IF YOU HAVE
THAT, YOU KNOW THE DEATHS
INJURIES UNFORTUNATELY HAPPENED
AT WORKPLACES. BUT THESE ARE ALL
PREVENTABLE. ABSOLUTELY. THAT IS
WHAT REALLY IT IS INEXCUSABLE.
AND NOT ONLY THAT IS MR ALAMO
WAS TALKING ABOUT THE LAST PANEL
. YOU KNOW, THE CUMULATIVE
EFFECT OF YOU'RE TALKING ABOUT
SOME OF THE ACUTE INJURIES. UM
BUT THE LONG TERM EVEN IF YOU
DON'T FAINT, EVEN IF YOU DON'T
GO TO THE HOSPITAL. 5 10 20
YEARS OF THAT KIND OF EXPOSURE.
YOU'VE BEEN 28 YEARS OF UPS, YOU
KNOW, ESPECIALLY WITH THE LAST
FEW YEARS WITH CLIMATE CHANGE,
WE'RE SEEING THE HOTTER SUMMERS
EVEN THE FALL AND THE SPRING AND
SO, UM, YOU KNOW, IT'S UM YOU
KNOW, WE DEFINITELY I APPRECIATE
THE FEEDBACK WE'RE GETTING FROM
FROM OUR FRONT LINE WORKERS
BECAUSE THAT'S A LEVEL OF
URGENCY, UM, THAT WE NEED TO
HAVE IN TERMS OF DOING SOMETHING
ABOUT THIS, PARTICULARLY BECAUSE
AS YOU MENTIONED SOME OF THE
DELIVERY DRIVERS, YOU KNOW,
DON'T QUALIFY UNDER SOME OF THE
CURRENT REGULATIONS, AND SO
THOSE ARE DEFINITELY THINGS THAT
WE NEED TO LOOK AT IS FROM THE
LEGISLATIVE PERSPECTIVE.
REGARDLESS OF WHEN AND WHAT THE
STANDARDS SAY WHEN THEY GET
ADOPTED. ARE THERE THINGS THAT
WE CAN LOOK AT? IN THE SHORT
TERM? UM FROM A FROM A
LEGISLATIVE PERSPECTIVE TO PUT
IN REGULATIONS THAT ARE MORE
COMMON SENSE IN TERMS OF YOU
KNOW WHETHER SOMEONE STRICTLY
INDOORS OUTDOORS THE END OF THE
DAY YOU'RE SUFFERING FROM THE
SAME ISSUE OF TERMS OF HEAT, AND
I WANT TO ASK THE SAME QUESTION.
I ASKED OF OUR PRIOR TO SPEAKERS
IS HAVE YOU HAS CAL OSHA HAVE
YOU JUST FROM YOUR OWN
EXPERIENCE? OR A BABY?
ANECDOTALLY FROM FOLKS THAT YOU
WORK WITH? ARE YOU AWARE OF CARL
DOING INSPECTIONS OF YOUR
WORKPLACES? UM AND WORK
CONDITIONS BASED UPON COMPLAINTS
OF HIGH INDOOR HEAT OR IN THIS
CASE, HIGH VEHICLE HEAT. UM ARE
YOU AWARE OF IT? AND IF SO,
WHERE WERE ANY COMPLAINTS
RESOLVED? NO I AM NOT AS WELL AS
BEING THE TRUSTEE FOR TEAMS TO
LOCAL 1 50. I AM ALSO THE CHIEF
STEWART FOR THAT BUILDING OF
ROUGHLY 400 COVERED MEMBERS. 500
EMPLOYEES TOTAL. I HAVE NEVER
KNOWN OCEAN TO COME OUT FOR ANY
HEAT RELATED ISSUES. CERTAINLY
HAS BEEN THERE BEFORE FOR EGRESS
ISSUES AND PINCH POINT ISSUES
AND OTHER SAFETY CONCERNS IN THE
PAST, BUT AS FAR AS I RECALL,
THEY HAVE NEVER BEEN THERE FOR
ANY HEAT RELATED CONCERNS. WELL,
THANK YOU. THANK YOU SO MUCH FOR
THAT FEEDBACK REALLY APPRECIATE.
UM YEAH, YOU'RE SHARING WITH US
AND HEARING FROM WAREHOUSE
WORKERS HEARING FROM THE UPS
WORKERS AND THOSE THAT IT'S KIND
OF LIKE THE WHOLE CHAIN, RIGHT?
YEAH. YOU HAVE THE WAREHOUSE
WORKERS AND GETTING IT TO THE
CONSUMER. I'VE SAID THIS MANY
TIMES DURING THE PANDEMIC IN
PARTICULAR. THAT IT WAS QUITE A
LUXURY FOR THOSE OF US WHO ARE
ABLE TO WORK FROM HOME. BUT AT
THE END OF THE DAY, UM THERE ARE
PLENTY OF ESSENTIAL WORKERS THAT
ALLOWED US TO BE AT HOME AND BE
SAFE. AND THAT INCLUDES THOSE
THAT WERE BRINGING THINGS TO OUR
DOORSTEP AND WHAT AT WHAT COST
TO THEM, WHETHER THEY'RE FAST
FOOD WORKERS, GROCERY STORE
WORKERS, AMAZON WAREHOUSE
WORKERS DELIVERY WHETHER IT'S
UPS OR AMAZON DELIVERY THAT
ALLOWED US TO REMAIN SAFE IN OUR
WORKPLACE, AND AS WE GO TO OUR
NEXT SPEAKER, SOMETHING ELSE
THAT ALLOWED US TO BE SAFE. WAS
THE WORK OF OUR NURSES. AND
THOSE IN OUR HOSPITALS AND A
COUPLE OF YEARS AGO, I PROBABLY
WOULDN'T HAVE KNOWN WHAT IT
MEANT WHEN YOU SAID AEROSOL
TRANSPORT TRANSMISSIBLE DISEASES
. UNFORTUNATELY I THINK THAT
WE'VE LEARNED A LOT ABOUT, UH,
ABOUT WHAT THAT MEANS. BUT UM, I
WOULD YOU KNOW, I'M REALLY
LOOKING FORWARD TO HEARING FROM,
UM SANDY READING. PRESIDENT OF
THE CALIFORNIA NURSES
ASSOCIATION TO TALK ABOUT AGAIN.
FRONT LINE WORKERS THAT ARE
DEALING WITH THESE ISSUES. AND
WHAT IF ANYTHING, HAS BEEN DONE
IN TERMS OF ENFORCEMENT? WHETHER
IT'S FROM THE HOSPITAL SIDE, CAL
OSHA SO THIS READING, PLEASE.
THANK YOU SO MUCH CHAIR, CHOLERA
COMMITTEE STAFF AND THE
CALIFORNIA LABOR FEDERATION. AND
BEFORE I GET STARTED, I WANT TO
GIVE THE NURSES CONDOLENCES TO
MY FELLOW PANELISTS, UM FOR YOUR
LOSSES, AND THAT'S INEXCUSABLE.
AND IT IS PREVENTABLE AND JUST
SAYING FROM A NURSE, I'M
DISGUSTED. SO THAT WAS AN EASY
TRANSITION. UM MY NAME IS SANDY
READING AND I'M THE PRESIDENT OF
THE CALIFORNIA NURSES
ASSOCIATION AND A FRONTLINE
STAFF WARS NURSE. UM I'VE WORKED
IN THE FIELD FOR OVER 35 YEARS.
I'M AN OPERATING ROOM NURSE. AND
AS AN O R NURSE, WE TO, UM YOU
KNOW, SAW COVID PATIENTS AND
WHEN YOU'RE AN OPERATING ROOM
NURSE, YOU QUIT BREATHING TUBES
IN TAKE HELP ASSIST WITH PUTTING
BREATHING TUBES IN TAKING THEM
OUT AND SUCTIONING, WHICH WHAT'S
THE VIRUS INTO THE AIR, AND
WE'RE VERY CLOSE WITH OUR
PATIENTS. IN PROXIMITY. IT'S NO
SECRET. THAT FRONTLINE
HEALTHCARE WORKERS BORE THE
BRUNT OF THE COVID 19 PANDEMIC.
WE FACE THE HARSH REALITY OF
EMPLOYERS PROVIDING ONLY MINIMAL
PROTECTIONS WHILE WE CARED FOR
COVID PATIENTS. AT A TIME OF
CRISIS. EMPLOYERS PLACE NURSES
LIVES AT RISK EVERY DAY, AND
THIS IS AN ABSOLUTE BETRAYAL.
I'M GOING TO PUT THIS DOWN AND
JUST SPEAK FROM THE HEART FOR A
MOMENT. BECAUSE UM, YOU KNOW WE
WERE IN THE TRENCHES. WE WEREN'T
GOING TO ABANDON OUR PATIENTS.
WE STUCK WITH THEM REGARDLESS OF
WHAT PERSONAL PROTECTIVE
EQUIPMENT. WE HAD. HOWEVER
SAYING THAT YOU DON'T SEND A
FIREFIGHTER INTO A FIRE WITHOUT
PROPER PPE. AND YOU SENT NURSES
. WE, YOU KNOW, WE WERE SENT IN
DAY AFTER DAY. UM, YEAR AFTER
YEAR. WITH EITHER HAVING TO
RECYCLE OUR PPE. UM NOT HAVING
PPE AND I MYSELF AS A MEMBER OF
OUR LABOR COUNCIL, WHEN, WHEN
THE BROTHERS AND SISTERS IN THE
BUILDING TRADES HEARD THAT
NURSES WERE WALKING IN EVERY DAY
AND DIDN'T HAVE PROPER PPE OR
TOLD TO WEAR BANDANAS, UM, YOU
KNOW, THEY GAVE US A CASE OF
CONSTRUCTION AND 95. I TRULY
APPRECIATED THAT AND THE
CAMARADERIE BECAUSE, UM, I MIGHT
NOT BE HERE TODAY. HAD THEY NOT
GIVING US THOSE, UM, BARRIER
PROTECTIONS. SOME NURSES. SOME
NURSE WARRIORS CONTRACTED COVID
AT WORK. AND LOST THEIR LIVES,
AND I DID GO TO SERVICES OF
NURSES AND THESE THESE TWO ARE
PREVENTABLE DEATHS. AND OTHER
NOW OTHER NURSES FACE.
PROTRACTED STRUGGLES WITH LONG
COVID. IT'S NOT OVER. THEY SAY,
OH, YOU RECOVER YOU DON'T MOST
PEOPLE DON'T RECOVER. IN A
NORMAL MANNER. YOU KNOW, THERE
ARE, UM IT'S LONG COVID. YOU CAN
HAVE A LONG LIST OF FATIGUE,
RESPIRATORY ILLNESSES, I BLOOD
PRESSURE, BLOOD CLOTS, ALL THESE
OTHER THINGS INFLAMMATORY
PROCESSES, SO IT'S NOT A NORMAL
LIFE. OFTENTIMES AFTER COVID SO. SO THAT WE NO LONGER FACE SUCH
TRAGEDIES. CALIFORNIA'S LEADERS
, INCLUDING CAL OSHA MUST DO
BETTER TO HOLD OUR EMPLOYERS
ACCOUNTABLE TO THEIR LEGAL
OBLIGATIONS TO CREATE SAFE
WORKING CONDITIONS IN CALIFORNIA
THROUGH WORKER ADVOCACY. WE ARE
PROUD TO HAVE THE AEROSOL
TRANSMISSIBLE DISEASE OR 18 80 D
STANDARD, WHICH PROVIDES THE
STRONGEST COVID PROTECTIONS FOR
HOSPITAL SETTINGS IN THE
COUNTRY. HOWEVER, AT THIS TIME
WE NEEDED THESE PROTECTIONS THE
MOST MANY HOSPITALS, EMPLOYERS
WERE IN GROSS VIOLATION OF THE
STANDARD GROSS VIOLATION
THROUGHOUT THE PANDEMIC. DOZENS
OF COMPLAINTS WERE FILED AGAINST
CAPTAIN CALIFORNIA HOSPITALS FOR
VIOLATING THE STANDARD, BUT SOME
EMPLOYERS CONTESTED WHETHER THE
STANDARD WAS EVEN APPLICABLE TO
COVID. SO THEY WERE QUESTIONING
THE STANDARDS SO THEY CAN
UNDERSTAND IT. IT CAN BE RIGHT
THERE IN BLACK AND WHITE. AND
THEN THEY CONTINUE TO QUESTION
THE STANDARD AND PUT US IN
HARM'S WAY. HEALTHCARE EMPLOYERS
REPEATEDLY PUT NURSES AT RISK BY
FAILING TO PROVIDE THE PERSONAL
PROTECTIVE EQUIPMENT REQUIRED
UNDER THE STANDARD, FORCING
NURSES TO USE SURGICAL MASKS
INSTEAD OF RESPIRATORS OR TO
REUSE. AND 95. THEY ALSO WANTED
TO REPROCESS THEM WITH HYDROGEN
PEROXIDE SO THAT WOULD DEGRADE
THE FILTRATION THAT WOULD
INVALIDATE THE FIT TEST THAT WE
HAVE TO DO TO MAKE SURE IT FITS
PROPERLY AND WE GET TO BREATHE
HYDROGEN PEROXIDE. THAT'S WHAT
THEY WERE GOING TO DO COLLECTIVE
ACTION. WE STOPPED IT. WE DIDN'T
DO IT. WE WEREN'T GOING TO STAND
FOR IT. WE YOU KNOW, WE HAD SOME
ACTIONS SO BUT WE STOPPED AT
MEANING AT AT SOME OF OUR
FACILITIES. THROUGHOUT THE
UNITED STATES. THIS WAS
HAPPENING AND IT DID CONTINUE TO
HAPPEN. INCLUDING KAISER, SOME
HEALTHCARE WORKERS WERE FORCED
TO REUSE GOWNS OR WEAR GARBAGE
BAGS. NOW THAT'S JUST OBVIOUSLY
UNCONSCIONABLE. ALL OTHER
WORKERS HAVE THE APPROPRIATE AND
ALL WORKERS SHOULD HAVE THE
APPROPRIATE LEVEL OF PPE. I
THINK WE ALL AGREE WITH THAT. UM
HOSPITAL. EMPLOYERS ALSO
VIOLATED THE 80 D STANDARD BY
FAILING TO CONDUCT PROPER
TRAINING ON COVID PLANS, FAILING
TO PROVIDE A SAFE PLACE FOR
NURSES TO PUT ON AND OFF THE PPE
FAILING TO ENFORCE INFECTION
CONTROL PROCEDURES, FAILING TO
CONDUCT PROPER SCREENING OF
SUSPECTED COVID PATIENTS. UM
INCLUDING UNTIL WE FORCED HIM TO
DO THE OPERATING ROOM. THE
PATIENTS THAT WE'RE GOING TO THE
OPERATING ROOM. SOME OF THIS
STUFF YOU CAN'T MAKE UP PLACING
COVID POSITIVE PATIENTS IN ROOMS
WITH WITHOUT PROPER VENTILATION
AND FAILING TO NOTIFY EMPLOYEES
OF WORKPLACE EXPOSURE DUE TO
COVID, UM I MYSELF WAS SICK. I
DIDN'T END UP HAVING COVID. BUT
I HAD TO BE GRILLED. DID YOU GO
TO THE GROCERY STORE? DID YOU GO
TO ANOTHER HOUSEHOLD? THAT
WASN'T YOURS, DID YOU UM,
CONGREGATE WITH 10 PEOPLE. I
SAID YES, I DID. OH, REALLY?
WHERE IN THE BREAK ROOM BECAUSE
WE HAVE TO EAT. UM YOU KNOW, SO
WE SHOULDN'T EVEN BE SUBJECT TO
THAT SCRUTINY, BUT WE WERE BUT
WE KEPT GOING TO WORK BECAUSE
OUR PATIENTS NEEDED US. SO AS
UNION NURSES WERE NOT ONLY
SKILLED AT FIGHTING FOR OUR
PATIENTS LIVES. WE FIGHT FOR OUR
OWN LIVES, AND WE CAMPAIGNED TO
KEEP OUR EMPLOYERS ACCOUNTABLE
TO THE SAFEST STANDARDS. SIENNA
FILED CAL OSHA COMPLAINTS ON
COVID HAZARDS IN OUR WORKPLACES
. BUT THERE ARE INSTANCES WHERE
CAL OSHA DID NOT FULFILL ITS
DUTY TO PROTECT NURSES IN FRONT
LINE WORKERS AND WAS DEFICIENT
IN PROMPTLY ENFORCING THE
STANDARD. FIRST CAL OSHA DELAYED
COMPLAINT INVESTIGATION OFTEN IT
CAN TAKE MORE THAN 5 TO 8 MONTHS
FOR CAL OSHA TO EVEN INVESTIGATE
A COMPLAINT. AND THEN IT CAN
TAKE UPWARDS TO ONE YEAR FOR CAL
OSHA TO ISSUE A CITATION. ON
MANY OCCASIONS THROUGHOUT THE
PANDEMIC, WE NEEDED PROMPT
RESPONSE FROM CAL OSHA TO
ADDRESS WORKPLACE HAZARDS. THAT
IMMEDIATELY. THREATENED NURSES,
HEALTH AND SAFETY AND THESE
DELAYS IN COMPLAINT
INVESTIGATION CAME AT THE COST
OF WORKERS' LIVES. HELLO. SHOP
ALSO HAS A FLAWED INVESTIGATION
PROCESS. NURSES REPORTED
INCIDENTS WHERE THE ON SITE
COLLAGE INSPECTOR DID NOT SPEAK
TO THE APPROPRIATE FRONTLINE
STAFF AND INSPECTOR MIGHT ONLY
SPEAK TO THE NURSE MANAGER. HOW
DO YOU THINK THAT WENT WHO'S
RESPONSE MAYBE PROTECT THE
INTERESTS OF THE HOSPITAL
MANAGEMENT. INSPECTORS WOULD
ALSO FAIL TO ENGAGE WITH OUR
UNION REPRESENTATIVES AND CAL
OSHA COMPLAINTS NEED TO BE
THOROUGHLY INVESTIGATED TO
INCLUDE TESTIMONY FROM FRONTLINE
STAFF AND INVESTIGATIONS MUST
ENSURE THE UNION'S ABILITY TO
PARTICIPATE IN WALK AROUND
INSPECTIONS. NURSES ALSO
REPORTED INCIDENTS WERE LOCAL
CAL OSHA OFFICES DISMISSED
COMPLAINTS WITHOUT ON SITE
INSPECTIONS. YES, DISMISSED
COMPLAINTS WITHOUT ON SITE
INSPECTIONS. FOR EXAMPLE, A
NURSE FILED A COMPLAINT ON THE
HER EMPLOYER'S FAILURE TO FOLLOW
THE STANDARD, BUT THE LOCAL CAL
OSHA OFFICE ONLY REQUESTED THE
EMPLOYER RESPOND BY EMAIL.
WITHOUT AN ON SITE INSPECTION.
I'LL TRY TO WRAP IT UP. THE
LOCAL CALA OSHA OFFICE
DETERMINED THAT THE EMPLOYERS
RESPONSE WAS SATISFACTORY AND
CLOSED THE COMPLAINT. THIS WAS
DESPITE THE UNIONS, PROTEST, UM
WITH THE NONCOMPLIANT ATD
STANDARDS. AFTER INSPECTIONS
THERE YET ADDITIONAL
DEFICIENCIES AND CAL OSHA'S
COMPLAINT PROCESS FAILS TO
ENGAGE WORKERS IN CITATION.
NEGOTIATIONS HAS WEAK FINES,
FAILS TO EFFECTIVELY TRACK
HAZARD ABATEMENT AND HAVING
STRONG CITATIONS AND FINES FOR
VIOLATIONS OF CAL OSHA STANDARDS
HELPS ENSURE THAT EMPLOYEES
EMPLOYERS PROMPTLY FIXED
HAZARDS. BUT THE FINES ARE SO
MINIMAL THAT IT'S BASICALLY NON
EXISTENT. IN ADDITION,
ADDITIONALLY, CAL OSHA OFTEN
DOES NOT ENGAGE WORKERS AND OUR
UNION REPRESENTATIVES, AND WE
NEED THAT TO HAPPEN AND HOW
HAZARD ABATEMENT INFORMATION IS
TYPICALLY UNAVAILABLE TO WORKERS
AND OUR UNIONS, MAKING IT
IMPOSSIBLE TO TRACK WHETHER
EMPLOYERS ARE CORRECTING HAZARDS
ON THE JOB, SO WE NEED TO HAVE
THAT. UM AVAILABLE TO US IF
THESE ARE JUST SOME SAMPLE.
CHALLENGES, SO I'M GOING TO SKIP
THROUGH SOME THE PANDEMIC IS FAR
FROM OVER AND THE WIDESPREAD
INFLUX OF NEW INFECTIOUS
DISEASES ON THE RISE. I'M SURE
EVERYBODY'S HEARD OF THE TRIPLE
THREAT. UM COVID FLU AND RSV,
AND THAT'S JUST YOU KNOW, MAKING
IT WORSE. SO NOW IS THE TIME TO
REFLECT ON THE FRACTURES WITHIN
OUR GOVERNMENT WORKERS
PROTECTION SYSTEM AND WE ASK
THAT YOU ADDRESSED THE NURSES
DEEP CONCERNS ABOUT CALIF.
OSHA'S DEFICIENT ENFORCEMENT OF
THE STANDARDS, WHICH ARE MEANT
TO KEEP US SAFE AND HEALTHY ON
THE JOB, AND WE HOPE THAT THIS
TESTIMONY TODAY IS THE START OF
A DISCUSSION ON HOW CAL OSHA CAN
BETTER IMPROVE ITS PROCESSES.
CAL OSHA MUST ENSURE THAT
EMPLOYERS ARE HELD RESPONSIBLE
TO THEIR LEGAL OBLIGATIONS AND
TO PROVIDE A SAFE WORKING
ENVIRONMENT. AND IT'S OUR
SINCERE HOPE THAT CAL OSHA SEES
THIS CONSTRUCTIVE CRITICISM AS A
MEANS AND A PATH FORWARD SO WE
CAN WORK TOGETHER TO MAKE SURE
THAT NURSES AND OTHER HEALTH
CARE WORKERS ARE SAFE ON THE
JOB. AND I THANK YOU FOR YOUR
TIME TODAY AND THE OPPORTUNITY
TO SPEAK THANK YOU SO MUCH MISS
READING, YOU KNOW, I THINK WE
ALL HEARD IT SAW IT ON TV.
WHATEVER IT MIGHT BE. UM YOU
KNOW, NURSES BEING HELD AS
HEROES. UM, UM BUT I THINK, IN
MANY WAYS KIND OF GIVING THAT
MYTHICAL STATUS. UM KIND OF GAVE
A SENSE THAT OH, WELL, THEY'RE
NOT. LIKE THEY'RE INVINCIBLE,
AND THEY'RE NOT. NURSES ARE
HUMANS THAT ARE DOING A JOB OF
SERVICE. EVEN WEARING A TRASH
BAG OR WEARING A REUSED MASS
STILL GOING IN THERE TO SERVE
PATIENTS AT RISK OF THEIR OWN
LIVES. I KNOW A LOT OF NURSES
THAT THAT HAD TO REMOVE
THEMSELVES FROM THEIR FAMILY FOR
WEEKS OR EVEN MONTHS, BECAUSE
BECAUSE THEY DIDN'T WANT TO RISK
ENDANGERING THEIR FAMILY MEMBERS
PAYING FOR HOTELS OUT OF THEIR
OWN EXPENSES TO DO THAT. UM AND
SO, YOU KNOW, UM, BUT THE NURSES
HAD TO GO THROUGH AND CONTINUE
TO GO THROUGH. I THINK
DEFINITELY, YOU KNOW, THERE'S NO
DOUBT THAT ON BEHALF OF THE
STATE UM YOU KNOW, I'M CERTAINLY
VERY GRATEFUL, BUT I KNOW YOU'RE
NOT HERE. YOU'RE NOT HERE FOR
GRATITUDE. YOU'RE YOU'RE HERE
FOR PROTECTION. UM AND I THINK
THAT THAT'S REALLY THE KEY HERE.
IS THAT WHAT CAN WE DO BETTER.
TO PROTECT OUR FRONT FRONTLINE
HEALTHCARE WORKERS THAT GO INTO
THOSE ENVIRONMENTS. TO SERVE AND
TO PROTECT AND TO CARE. FOR
PATIENTS, BUT ALSO THEMSELVES. I
MEAN, YOU HAVE FAMILIES, TOO.
YOU DON'T WANT TO BRING BACK, UM
ANYTHING TO YOUR FAMILY THAT'S
GOING TO HARM THEM. SO WE KNOW
THAT WHEN THIS PANDEMIC STARTED
, IT WAS SOMEWHAT OF THE WILD
WILD WEST, BOTH IN TERMS OF IN
THE HOSPITALS AND IN THE HEALTH
CARE FACILITIES, BUT ALSO IN
TERMS OF THE REGULATORY RESPONSE
TO IT, BECAUSE, AS EVERYTHING
WAS HAPPENING, AS YOU SAID, YOU
HAD THE ADVOCATE FOR YOURSELVES.
NURSES HAD TO STAND UP AND SAY,
NO, WE'RE NOT GOING TO ACCEPT
THIS. THANKFULLY, THERE ARE SOME
BROTHERS AND SISTERS FROM FROM
LABOR THAT WERE THERE TO HAVE
YOUR BACK AS WELL AS THEY
SHOULD. UM BUT GO LOOKING
FORWARD AS WE'RE TALKING ABOUT.
IN FACT, THE PANDEMIC AS YOU
CORRECTLY STATED, IS STILL GOING
ON. I THINK THERE'S STILL A
SENSE THAT WE'VE KIND OF MOVED
PAST IT. BUT UM WHAT CAN
CALIFORNIA DO BETTER TO PROTECT
FRONTLINE HEALTH CARE WORKERS
SHOULD A NEW AND DIFFERENT
PANDAS OF THE SITUATION LIKE
THIS COMES AGAIN SO THAT WE'RE
NOT BACK TO SQUARE ONE BACK IN
THE SITUATION WHERE, OKAY, IT'S
A WILD WILD WEST AGAIN AND
NURSES AT THE RISE UP AND
ADVOCATE AND WE GET TO HAVE
THEIR BACK AND WHAT CAN BE PUT
WHAT CAN OR SHOULD BE PUT IN
PLACE? UM SO THAT THERE'S
ALREADY UNDERSTANDING OF WHAT
KIND OF REQUIREMENTS ARE THERE
TO MAKE SURE THE WORKPLACES ARE
SAFE FOR NURSES AND FOR THE
PATIENTS THAT ARE THERE TO
RECEIVE THEIR CARE. ANY THOUGHTS
ON THAT? YEAH, AND IF THE NURSES
AND HEALTHCARE WORKERS AREN'T
SAFE FOR PATIENTS AREN'T SAFE,
EITHER. UM, SO THAT'S A CORRECT
ASSESSMENT. I THINK UM, CLEARLY
, THE EMPLOYERS HAVE TO HEAR IT
LOUD AND CLEAR. THAT IT'S
UNACCEPTABLE AND UNFORTUNATELY,
ALL THEY RESPOND TO IS MONEY SO
THE FINES NEED TO BE INCREASED.
UM THE OSHA FOLKS THAT ARE DOING
THE ROUNDS SHOULDN'T JUST SPEAK
TO MANAGEMENT. HELLO? WHAT
MANAGEMENT CAN SAY EVERYTHING'S
FINE THERE IN THEIR ROOMS,
RIGHT? WE HAD TO KNOCK ON THE
DOOR AND BEG FOR PPE. UM YOU
KNOW, AND BY THEN WE'RE IN THE
ROOM BECAUSE WE CAN'T AFFORD.
YOU KNOW, IF A PATIENT NEEDS US.
WE CAN'T AFFORD TO GO FIND IN
THIS STUFF. SO UM, I AM GRATEFUL
FOR THE CALIFORNIA LAW OF THE
THREE MONTH MANDATORY UNEXPIRED
SUPPLY OF PPE THAT'S HELPFUL.
BUT ITS COMPLIANCE RIGHT? WE
HAVE TO PUT THE UM ENFORCEMENT
MECHANISMS IN PLACE. IT'S JUST
LIKE SOME OF OUR BROTHERS AND
SISTERS HAVE ALREADY SAID HERE.
WE CAN'T BE THE SOLE ENFORCERS.
UM SO THE FINES NEED TO BE
INCREASED. WE NEED TO INVOLVE
THE UNIONS IN THE WALK THROUGHS
WHEN THEY ARE INVESTIGATING THE
INVESTIGATIONS NEED TO INCLUDE
FRONTLINE NURSES, NOT MANAGEMENT
. UM AND IT SHOULD BE FRONTLINE
NURSES AWAY FROM MANAGEMENT
BECAUSE OF THE RETALIATORY, UM
ENVIRONMENT. WE'RE IN, RIGHT
WHO'S GONNA SPEAK UP AGAINST
THEIR THEIR MANAGER WHEN THEY'RE
STANDING RIGHT THERE, SO IT HAS
TO BE IN A IN A SAFE SETTING AS
WELL. SO HIGHER FINES INVOLVED
THE UNIONS WITH THE WALK
THROUGHS. DON'T JUST TALK TO
MANAGERS AND BY ALL MEANS, MAKE
SURE YOU INVESTIGATE IT. DON'T
DON'T TAKE THE EMAIL OF A
HOSPITAL ADMINISTRATOR AND CLOSE
THE CASE. THANK YOU SO MUCH FOR
YOU MY OPENING COMMENTS. YOU
KNOW WHERE THAT LOOK, WE CAN
HAVE THE BEST LAWS ON THE BOOKS.
IT DOESN'T REALLY AMOUNT TO MUCH
IF WE'RE NOT ACTUALLY ENFORCING
THEM, AND SO YOUR POINTS ARE
VERY WELL TAKEN. I REALLY
APPRECIATE YOUR COMMENTS, UM AND
THE POWERFUL TESTIMONY FROM ALL
OF YOU AS TO WHAT UM, IT'S
HAPPENING, AND I THINK MORE
SPECIFICALLY WHAT'S NOT
HAPPENING IN TERMS OF
ENFORCEMENT. I THINK, LOOK,
THESE ARE HARSH TRUTHS. THAT WE
ALL NEED TO HEAR AS LEGISLATORS
, LABOR COMMISSIONER OR CAL OSHA
CHIEF. UM AS MUCH AS WE WANT TO
DO THE RIGHT THING, WE HAVE TO
HEAR WHAT'S NOT WORKING IN ORDER
TO FIGURE OUT WHAT THE NEXT
STEPS ARE, UH, DID YOU BETTER TO
PROTECT OUR WORKERS, AND SO YOUR
FEEDBACK IS CRITICAL FOR THAT?
AND SO I'M VERY GRATEFUL TO ALL
TO ALL OF YOU FOR BEING ABLE TO
SHARE WHAT'S HAPPENING ON THE
GROUND LEVEL AND WHAT WE NEEDED
NEXT. AND IT WILL CERTAINLY KEEP
YOU, UM IT AS PART OF YOUR KEEP
YOU AT THE TABLE AS WE WORK
FORWARD ON THESE ISSUES, SO
THANK YOU ALL SO MUCH.
SO WE'LL GO ON TO OUR NEXT SET
OF PRESENTERS, CHALLENGES TO
WAGE AN HOUR AND
MISCLASSIFICATION ENFORCEMENT.
WE HAVE NICOLE MORE WITH RIDE
SHARE DRIVERS UNITED GINA
MORRISSEY, EXECUTIVE DIRECTOR OF
COMPLIANCE NORTH CAL
CONSTRUCTION INDUSTRY COMPLIANCE
, AND THEN MARIA BERNAL, WHO IS
GOING TO BE WITH US BY PHONE.
WHO'S A FAST FOOD WORKER? UM AND
SO. MARIA BERNALES HERE. GREAT
SO YEAH, COME ON UP, AND I
BELIEVE MARIA MAY NEED SOME
TRANSLATION ASSISTANCE, SO
WHOEVER IS HELPING WITH THAT CAN
ALSO JOIN HER. AND IS NICOLE.
FOR MORE HERE. WE'LL TRY TO GET
A WE'RE TRYING TO GET IS GONNA
BE ON PHONE. NICOLE OKAY. NICOLE
MOORE WILL BE BY PHONE AND TO
SHARE THEM. HERE WE'LL START
WITH OUR FOLKS HERE AND THEN
WE'LL WORK TO GET IN THE CALL ON
THE PHONE. SO WHY DON'T WE START
WITH MARIA BERNAL AND GO AHEAD
AND BEGIN WHENEVER YOU'RE READY
? AND IF YOU CAN ALSO INTRODUCE
YOURSELF IN TERMS OF OUR
ASSISTANT TRANSLATOR HERE, SO
ONCE YOU GO AHEAD AND BEGIN,
THANK YOU. AND THAT IS THE
MICROPHONE BUTTON PUSHED OKAY?
HOLA MARIA IN THE LAST PART OF
THE SANYO. THE SOIL LEADER DE LA
LUCHA PERKINS, YOU SINDICATO?
MELANIA TRABAJADORES, CALIFORNIA
PARALLEL TO PARANA BOWS.
EXPERIMENTER. BROUGH ALARIO
INCLUDES YOU SEE MOST OF THE.
PRESIDENT WE MUST AND WELCOME
INCLUSIVE OR MEMBERS OF THE
CAPITAL. ARABISM SACRIFICE CEO
GANAMOS BUSTAMENTE. AQUI CUANDO
VOTERS NECESSITY LOVE. WHERE
INDIA LBW COMPANEROS. KNOWS MAS. BUT I EAT FOR AND SEEMA
DEMOCRACIA SUS COASTAL. LARA.
ADORES. BOTH. PROTECTION
CONTRACT. EL RABO DE SALARIO
SEXUAL DISCRIMINATION.
EXPERIENCIA. NO SIR. MANASSO
CHANNEL MIGRATION. CUANDO YO
COMMAND SAID. ORGANISM E TIENDA.
EXPERIMENTAL ROBOT. DURANTE DIEZ
SANYO'S. COMPANY A MAJOR SOURCE
AURAS IN THIS COUNCIL. CINQUANTA
MILL DOLLARS. TRABAJAR FUERA DE
LA RADIO SISTERS. TODAVÍA. ARM
COSAS PARA MI MI FAMILIAR
NORMAL. I JUST THOUGHT STUDIOS
UNIVERSITY LORENTE. CASA. L
MINOR. SANYO'S. YES FINAL AHARON
CARO ORDER SIZE, MRS. I'M SORRY.
COACHES WILL BE A TERRORIST
SAADEH CARO. MIENTRAS MEXICO'S
ARMY IN. AMIGOS. SYSTEM MUSTER,
ROTO EITHER. MUST THEODORE.
APPLICATION MASSES TRICK TO
REALLY MUST INSPECTORATE. BUT
LAST YEAR AS A LARIOS YOUR
RADIOS SALUTE THAT RECURSOS PARA
LOWNEY THAT. THE MUST WEAR ORTEZ
CONTROLLER REPRESENT AREAS. MOST
BENEFICIAL. CONDOS DOES.
ARAMBULA. YES OUR LIBERAL
SPEEDOS ARBITRARY EOS VOLUNTAD.
THAT MEANS EMPRESAS PROCESS Ó
REFERENDUM. THANK YOU, MARIA AND
THANK YOU. CHAIR CARLA AND
COMMITTEE MEMBERS. MY NAME IS
ISABEL OR BONO FROM S. C I U AND
I'LL JUST BE DELIVERING THE
ENGLISH VERSION OF MARIA
BERNAL'S REMARKS. HELLO EVERYONE
. MY NAME IS MARIA BERNAL, A
JACK IN THE BOX WORKER AND
LEADER IN THE FIGHT FOR 15 AND A
UNION. FIGHT FOR 15 IN A UNION
IS A MEMBER OF THE SANTA CLARA
WAGE THEFT COALITION DISTRICT. I
JOINED WORKERS AROUND CALIFORNIA
TO FIGHT FOR A VOICE ON THE JOB
THROUGH A B 2 57 AFTER
EXPERIENCING YEARS OF WAGE THEFT
AND OTHER INJUSTICES. WE DID
EVERYTHING WE COULD TO BE HEARD
FILED COMPLAINTS WENT ON STRIKE
EVEN SLEPT OUTSIDE THE CAPITAL
OF HARD WORK AND SACRIFICE. WE
WON THIS BILL FAIR AND SQUARE. I
WAS RIGHT THERE RIGHT HERE. WHEN
WE WON THE VOTES WE NEEDED TO
PASS HB 2 57. IT'S A DAY I'LL
NEVER FORGET. AND A DAY THAT MY
COWORKERS WILL NEVER FORGET. TO
SEE NOW HOW CORPORATIONS ARE
TRYING TO STOP US ONCE AGAIN BY
PAYING MILLIONS OF DOLLARS TO
SUBVERT DEMOCRACY IS UNFAIR.
THIS IS ANOTHER REASON WHY WE
NEED A B 2 57 TO START NOW. WE
NEED LAWS THAT GIVE US WORKERS A
VOICE AND PROTECTIONS FROM
THINGS LIKE WAGE THEFT, SEXUAL
HARASSMENT, VIOLENCE IN THE
WORKPLACE AND DISCRIMINATION.
WORKERS ARE OFTEN AFRAID TO
SPEAK UP BECAUSE EMPLOYERS CUT
THEIR HOURS THREATENED THEM WITH
DEPORTATION OR FIRE THEM IF THEY
ASSERT THEIR RIGHTS. IN MY OWN
EXPERIENCE. WHEN I ORGANIZED THE
FIRST STRIKE AT MY STORE
MANAGERS THREATENED TO CALL ICE
AS I MENTIONED I EXPERIENCED
WAGE THEFT FOR YEARS. MANAGEMENT
MADE ME WORK 14 HOURS REGULARLY
WITH NO BRAKES OWING ME AROUND
$150,000. SOMETIMES THEY'D MAKE
ME WORK OFF THE CLOCK SO THEY
WOULDN'T HAVE TO PAY ME
OVERTIME. SINCE I DIDN'T HAVE
THE MONEY. THEY SHOULD HAVE PAID
ME. THINGS GOT ESPECIALLY HARD.
I WAS HELPING MY DAUGHTER WITH
HER STUDIES AND RENT AND DIDN'T
HAVE ENOUGH MONEY TO COVER THE
RENT FOR MY OWN HOME WITH MY TWO
SONS, THE YOUNGEST JUST THREE,
SO WE WERE EVICTED. WE ENDED UP
LIVING IN MY CAR FOR SIX MONTHS.
EVERY NIGHT. I WAS TERRIFIED
THAT SOMEONE WOULD BREAK INTO
OUR CAR WHILE WE WERE SLEEPING.
I HAD TO BORROW MONEY FROM MY
SISTER IN LAW AND SOME FRIENDS.
EVEN SO, I COULDN'T MAKE ENOUGH
FOR RENT. IT HAS BEEN A YEAR
SINCE I FILED MY THE FILED MY
COMPLAINT WITH THE LABOR
COMMISSION. AND I HAVEN'T HAD A
CONFERENCE YET OR SEEING ANY OF
THE MONEY THAT I AM OWED. THE
SYSTEM IS BROKEN. THERE ARE TOO
MANY DELAYS. WE NEED STRONGER
ENFORCEMENT OF WAGE LAWS, MORE
GOVERNMENT GOVERNMENT INSPECTORS
FOR WAGE AND HOUR AND HEALTH AND
SAFETY VIOLATIONS. MORE
RESOURCES FOR THE ENFORCEMENT
UNIT THAT COLLECTS JUDGMENT AND
STRONGER RETALIATION LAWS.
WORKERS COULD ALSO BENEFIT FROM
BEING ABLE TO ACCESS MONEY FROM
A RETALIATION FUND WHEN THEY ARE
FIRED FOR SPEAKING UP. AND TO BE
FREE FROM ARBITRARY FIRINGS AT
WELL. WE ALSO NEED TO ENSURE
THAT COMPANIES CAN ABUSE A
REFERENDUM PROCESS LIKE THEY ARE
TRYING TO DO WITH A B 2 57. AND
JUST ADDED NOTE. MARIA BERNALL
STORY IS NOT UNIQUE IN THE FAST
FOOD INDUSTRY. UH SURVEY WAS
RELEASED EARLIER THIS YEAR THAT
SHOWED 85% OF SURVEYED WORKERS
IN THE FAST FOOD INDUSTRY HAVE
EXPERIENCED SOME FORM OF WAGE
THEFT, SO WE REALLY APPRECIATE
YOUR ATTENTION TO THIS ISSUE.
WELL, THANK YOU SO MUCH. THANK
YOU SO MUCH FOR SHARING MARIA.
UM AND IT'S UNFORTUNATE THAT,
UM, THIS IS AN ALL TOO COMMON.
I'M SITUATIONS. SO MANY WORKERS
FIND THEMSELVES IN AND NO. FOR
YOU TO DO EVERYTHING YOU CAN FOR
YOUR KIDS FOR YOUR DAUGHTER
GOING TO COLLEGE. I MEAN, IT'S
UM IT'S A IT'S A HEAVY BURDEN,
BUT THE BURDEN IS, UM, MADE THAT
MUCH WORSE BECAUSE OF EUROPE OF
THE LACK OF. OF SUPPORT FROM
YOUR NOT ONLY LACK OF SUPPORT
FOR YOUR EMPLOYER EMPLOYER, BUT
THE WAGE STAFF THAT ACTUALLY
MAKES YOU EVEN IN A MUCH MORE
DESPERATE SITUATION. I DO HAVE A
QUESTION. REGARDING YOU KNOW THE
LEGITIMATE CONCERNS ABOUT
RETALIATION. AND GIVEN, UM HOW
LONG IT TAKES. TO HAVE, UM HOW
LONG IT TAKES TO HAVE THESE, YOU
KNOW YOU FILE A CLAIM, AND IT
TAKES YOU YOU'VE ALREADY WAITED
FOR OVER A YEAR. THE WORKERS. I
IMAGINE SO, BUT I WANT TO HEAR
FROM YOU DO WORKERS TALK TO ONE
ANOTHER? SO THEY KNOW, LIKE, YOU
KNOW, WE KNOW MARIE HAS BEEN
WAITING FOR A YEAR. UM. MARIE
HAS BEEN WAITING FOR A YEAR, SO
WE ALREADY SEE SHE MADE A
COMPLAINT. SHE'S WAITING FOR
OVER A YEAR, SO THERE'S NO POINT
IN A FILING A COMPLAINT. DO YOU
SEE DISCOURAGEMENT AMONGST
WORKERS? OF EXERCISING THEIR
RIGHTS BECAUSE OF DELAYS AND
BECAUSE OF FEARS OF RETALIATION.
ANOTHER MOST OF YOU THAT SALT.
HE SAYS. SORRY. SHE SAYS. YES IF
WE DON'T RECEIVE HELP THAT WE
FEEL ALONE, THAT'S THE MESSAGE.
THAT'S THE WORST FEELING. YEAH.
THANK YOU. THANK YOU VERY MUCH.
MARIA UH, YOU KNOW FOR SPEAKING
OF THINGS THAT ARE VERY
PERSONAL. BUT REPRESENT, BUT SO
MANY OTHERS ARE GOING THROUGH.
APPRECIATE YOU. UM LET'S MOVE ON
TO DINA MORSI, EXECUTIVE
DIRECTOR OF COMPLIANCE WITH
NORTH CAL CONSTRUCTION INDUSTRY
COMPLAINTS. YOU CAN CLICK THE
MICROPHONE BUTTON FOR ANY OTHER.
YOU HEAR ME? OKAY, THERE WE GO.
MY NAME IS GINA MORRISSEY. I'M
THE EXECUTIVE DIRECTOR OF
COMPLIANCE FOR NORTH CAL
CONSTRUCTION INDUSTRY COMPLIANCE
OR C I. C N C I C IS A JOINT
LABOR MANAGEMENT COOPERATION
COMMITTEE COMMITTED TO PAVING
THE WAY TO A LEVEL PLAYING FIELD
FOR CONTRACTORS AND WORKERS IN
THE CONSTRUCTION INDUSTRY. I
DIDN T I SEE MY TEAM AND I ARE
FOCUSED ON THREE MAIN AREAS,
EDUCATION, RESEARCH AND
COMPLIANCE YOUR EDUCATION ON
STATE AND FEDERAL PREVAILING
WAGE REQUIREMENTS AND ASSISTS
AWARDING AGENCIES, CONTRACTORS
AND WORKERS. WE SUPPORT RESEARCH
AND PROVIDE ANALYSIS ON MAJOR
SUBJECTS AFFECTING THE
CONSTRUCTION INDUSTRY IN
CALIFORNIA. OUR COMPLIANCE
EFFORTS INCLUDE PROACTIVE
EFFORTS, SUCH AS BID MONITORING
ACTIVE EFFORTS, SUCH AS JOB SITE
MONITORING AND REACTIVE EFFORTS
, SUCH AS FILING FORMAL
COMPLAINTS AGAINST NONCOMPLIANT
CONTRACTORS WITH LOCAL AND STATE
ENFORCEMENT AGENCIES. WE FILE A
MAJORITY OF OUR COMPLAINTS WITH
THE DEPARTMENT OF INDUSTRIAL
RELATIONS. WE ALSO FILE
COMPLAINTS WITH CAL, OSHA AND
OTHER AGENCIES SUCH AS THE
CONTRACTOR, STATE LICENSE BOARD
AND THE EMPLOYMENT DEVELOPMENT
DEPARTMENT. PRECISELY AT THE
TIME OF THIS REPORT,
APPROXIMATELY 87% OF OUR YEAR
TODAY COMPLAINTS HAVE BEEN FILED
WITH THE PUBLIC WORKS UNIT OF
THE LABOR COMMISSIONER'S OFFICE.
MOST OF THE COMPLETED
INVESTIGATIONS HAVE RESULTED IN
CIVIL PENALTY ASSESSMENTS, ALSO
KNOWN AS TAPAS ISSUED AGAINST
NONCOMPLIANT CONTRACTORS. BASED
ON THE FINDINGS INDICATED ON THE
CORPUS YEAR TO DATE. AS A RESULT
OF OUR COMPLAINTS FILED, OUR
STATS CORRESPOND WITH OUR
INITIAL ALLEGATIONS AND SHOW THE
FALLING BREAKDOWN OF TOTAL
AMOUNTS ASSESSED BY THE LABOR
COMMISSIONER'S OFFICE. 43% LABOR
CODE SECTIONS, 17 77.7, OR
APPRENTICESHIP VIOLATIONS. 23%
LABOR CODE SECTIONS 17 71.1, OR
CONTRACTOR REGISTRATION
VIOLATIONS. 20% UNPAID WAGES AND
TRAINING FUND CONTRIBUTIONS. AND
14% LABOR CODE SECTION 17 75 AND
18 13 PENALTIES, WHICH ARE
PENALTIES ASSOCIATED WITH UNPAID
WAGES AND OVERTIME. VIOLATIONS.
THE STATE OF CLEARLY SHOWS THAT
CONTRACTORS ARE REGULARLY
VIOLATING PREVAILING WAGE
REQUIREMENTS IN VARIOUS AREAS
AND ENFORCEMENT IS CRITICAL.
THEREFORE WE CONTINUE TO BRING
FORWARD ANY PREVAILING WAGE
VIOLATIONS WE FIND TO THE LABOR
COMMISSIONER'S OFFICE IN AN
EFFORT TO HELP ENSURE COMPLIANCE
AND TACKLE WAGE THEFT IN THE
INDUSTRY. PRIOR TO MY EMPLOYMENT
AT N. C. I C. I WORKED AT THE
LABOR COMMISSIONER'S OFFICE
PUBLIC WORKS UNIT FOR ALMOST
EIGHT YEARS FROM 2013 TO 2020.
HELD A TOTAL OF FOUR POSITIONS
DURING THAT TIMELINE, INCLUDING
AUDITOR INDUSTRIAL RELATIONS
REPRESENTATIVE, DEPUTY LABOR
COMMISSIONER ONE AND DEPUTY
LABOR COMMISSIONER Tð.
THROUGHOUT THE YEARS, I ISSUED
HUNDREDS OF CHIAPAS AND DEMAND
LETTERS AGAINST NONCOMPLIANT
CONTRACTORS, RESULTING IN
MILLIONS OF DOLLARS IN WAGES AND
PENALTIES ASSESSED AND A LARGE
PORTION EVENTUALLY COLLECTED.
PRIOR TO MY DEPARTURE, I
INVESTIGATED ONE OF THE MOST
NOTABLE AND IMPACTFUL CASES OF
MY CAREER INVOLVING THE
CONTRACTOR THAT ENGAGED IN
SERIOUS WAGE THEFT. THE
INVESTIGATION BEGAN AS A RESULT
OF ONE BRAVE WORKER WHO MADE A
DECISION TO COME FORWARD AND
TESTIFY ON BEHALF OF HIM HIMSELF
AND 25 OF HIS COLLEAGUES ALL
CHEATED OUT OF THEIR ENTITLED
WAGES. IN SUMMARY. MY
INVESTIGATION REVEALED THAT THE
CONTRACTORS FOREMAN HAD CASHED
WORKERS' PAYCHECKS AND GAVE THE
WORKERS SIGNIFICANTLY LESS CASH
THAN THE AMOUNT LISTED ON THEIR
CHECKS. THIS TYPE OF FRAUD IS
KNOWN AS KICKBACKS. FOLLOWING MY
INVESTIGATION ISSUED A $1.3
MILLION PAPA IN JUNE OF 2020.
THEREAFTER. THREE WORKERS AND I
TO ALL TESTIFIED AT THE CASE
HEARING IN MAY OF 2021. JUST SIX
MONTHS AGO, I RECEIVED
INCREDIBLE NEWS THAT THE
DIRECTOR OF THE DEPARTMENT OF
INDUSTRIAL RELATIONS HAD ISSUED
A FINAL DECISION. WHICH
DETERMINED $1.1 MILLION IN WAGES
AND PENALTIES DUE AND OWING IN
ADDITION, INTEREST IS NOW DUE TO
THE 26 AFFECTED WORKERS AND
SHALL CONTINUE TO ACCRUE ON ALL
UNPAID WAGES. THIS IS JUST ONE
SIGNIFICANT EXAMPLE OF WHAT WAGE
STUFF LOOKS LIKE. UNFORTUNATELY
MANY WORKERS CHOOSE NOT TO COME
FORWARD. IN INSTANCES OF WHICH
STUFF LIKE THEIR EMPLOYERS FOR
VARIOUS REASONS, SUCH AS FEAR OF
RETALIATION. HAD IT NOT BEEN FOR
THE ONE BRIEF WORKER WHO FILED A
COMPLAINT IN A TIMELY MANNER 26
WORKERS WOULD HAVE MISSED OUT ON
RESTITUTION FOR WAGES THEY WERE
ENTITLED TO AND MOST LIKELY THE
CONTRACTOR WOULD CONTINUE TO
UNDER PAY ITS WORKERS IN THE
SAME MANNER ON FUTURE PROJECTS.
ALTHOUGH SUCCESSFUL
INVESTIGATING A CASE OF THIS
MAGNITUDE INVOLVES MEL IT EXCUSE
ME MANY CHALLENGES SUCH AS
COMPLETING THE INVESTIGATION
PRIOR TO THE EXPIRATION OF THE
STATUTE OF LIMITATIONS. FROM
START TO FINISH. IT TOOK ME 16
MONTHS TO COMPLETE THE
INVESTIGATION WHILE ACTIVELY
MANAGING MY VAST CASELOAD TO
ENSURE THAT THE STATUTE OF
LIMITATIONS DID NOT EXPIRE ON
ANY OF MY OTHER SIGNED CASES.
HAD IT TAKEN ME AN ADDITIONAL
TWO MONTHS TO COMPLETE THIS
INVESTIGATION, THE STATUTE OF
LIMITATIONS WOULD HAVE EXPIRED
IN THE CASE WOULD HAVE BEEN
CLOSED. PREVAILING WAGE
VIOLATIONS RANGE FROM GOOD FAITH
MISTAKES TO INTEND TO DEFRAUD.
THROUGH MY PAST EXPERIENCE AND
ENFORCING PREVAILING WAGE LAWS
AT THE LABOR COMMISSIONER'S
OFFICE. AS WELL AS CURRENTLY
WORKING FOR NCIS TO HELP ENSURE
COMPLIANCE BY BRINGING ANY
POTENTIAL NONCOMPLIANCE FORWARD.
TO THE STATE ENFORCEMENT
AGENCIES. I HAVE LEARNED THAT
WAGE THEFT IS VERY PROMINENT IN
THE CONSTRUCTION INDUSTRY. AND
HAVE EXPERIENCED AND CONTINUE TO
EXPERIENCE THE APPARENT
CHALLENGES TO ENFORCING LAWS
PROTECTING WORKERS.
UNFORTUNATELY THE INDIVIDUALS
WHO ARE MOST NEGATIVELY IMPACTED
BY THE VIOLATIONS AND THE
CHALLENGES TO ENFORCING LAWS ARE
THE WORKERS WHO WORKED
DILIGENTLY AND EARNESTLY TO
ACHIEVE A LIVABLE WAGE AND A
DECENT QUALITY OF LIFE. THANK
YOU. THANK YOU SO MUCH, MR MORSI
. I'LL COUPLE QUESTIONS. YOU
MENTIONED APPRENTICESHIP
VIOLATIONS THAT SEEMED LIKE ONE
OF THE HIGHER PERCENTAGES OF
VIOLATIONS. UM, WHAT ARE THOSE
ALSO WAGED THAT OR IS IT
DIFFERENT TYPES OF VIOLATIONS
YOU'RE SEEING WITH
APPRENTICESHIPS DIFFERENT TYPES
OF VIOLATIONS RANGING FROM NOT
SUBMITTING THE REQUIRED FORMS TO
NOT EMPLOYING ANY APPRENTICES,
WHICH EFFECTS SIGNIFICANTLY.
THAT'S WHAT I WAS CURIOUS ABOUT.
IT IS IF THERE'S VIOLATIONS OF
EVEN REQUIREMENT OF HAVING ANY
APPRENTICES THAT'S OBVIOUSLY, UH
, CRITICAL HEAD COMPONENT TO SO
MANY OF, UH, OF THE CONTRACTS TO
MAKE SURE YOU ACTUALLY HAVE
APPRENTICES ON THE JOB SITE, AND
THEN YOU KNOW, GIVEN YOUR
EXPERIENCE. IN YOUR OPINION.
WHAT ARE THE MOST EFFECTIVE WAYS
TO PREVENT WAGE THAT? I KNOW
IT'S A VERY BROAD QUESTION, BUT
YOU KNOW, EDUCATION FOR WORKERS
EDUCATION FOR EMPLOYERS, HEAVIER
FINES FOR COMPANIES THAT BY THE
LAWS THAT ANYONE THAT YOU THINK
IS MORE EFFECTIVE, OR IS IT
HAVING ALL OF IT KIND OF
CUMULATIVELY, APPLYING PRESSURE
TO ENSURE THAT WE CAN PREVENT
THE WAGE THEFT? I WOULD SAY
EDUCATION AND OUTREACH.
DEFINITELY UM, IMPACT. OF COURSE
, THAT'S MORE. SO FOR THE GOOD
FAITH MISTAKES. UM CONTRACTORS
ARE OUT THERE AND THEY GENUINELY
WANT TO AVOID MAKING THESE TYPES
OF MISTAKES. UM IN THE CASE THAT
I MENTIONED THIS IS APPARENT
WAGE THEFT WITH INTENT TO
DEFRAUD. UM SO I WOULD SAY,
MAYBE USING THAT AS AN EXAMPLE
FOR OTHER CONTRACTORS TO LEARN
FROM THAT. DELIBERATELY IS OUT
THERE. YEAH THAT WAS ONE OF MY
EARLIER COMMENTS WAS THAT A LOT
OF EDUCATION FOR EMPLOYERS AS
CRITICAL BECAUSE I DO THINK MOST
EMPLOYERS WANT TO DO THE RIGHT
THING, BUT, YOU KNOW, CALIFORNIA
WE HAVE A LOT OF LAWS. WE HAD
NEW LIES AND FOR GOOD REASON.
BUT SOMETIMES YOU KNOW, YOU HAVE
EMPLOYERS THAT ARE TRYING TO
KEEP UP AND KEEP TRACK OF ALL
THE DIFFERENT RULES AND
REGULATIONS. AND I THINK BY BY
CORRECTING OR BY INFORMING THOSE
THAT ARE TRYING TO WORK TO DO
THE RIGHT THING IN GOOD FAITH.
YOU REALLY CAN HIGHLIGHT THOSE
THAT ARE MORE NEFARIOUS AND
INTENTIONALLY TRYING TO BUY BY
THE LAW, RATHER THAN PUTTING SO
MUCH TIME AND ENERGY INTO THE
GOOD FAITH ACTORS THAT ARE JUST
NOT COMPLYING BECAUSE THEY DON'T
KNOW ALL THE DETAILS WOULD HAVE
YOU. AND SO IT SOUNDS LIKE
EDUCATION FOR BOTH THE WORKERS.
TO EXERCISE THEIR RIGHTS. AS YOU
SAID ONE COURAGEOUS WORKER
REALLY MADE SUCH A HUGE
DIFFERENCE, BUT ALSO EDUCATION
FOR EMPLOYERS TO DO THE RIGHT
THING. AND THEN I GUESS PUTTING
AS AN EXAMPLE THOSE THAT DON'T
DO THE RIGHT THING WHEN YOU
ACTUALLY DO IN YOUR IN YOUR CASE
YOU MENTIONED, UM WE'RE ABLE TO
GET SUCH A SUCCESSFUL JUDGMENT
BASED UPON A LOT OF WORK THAT
YOU WANT TO MAKE SURE THAT PART
OF THAT WORK IS RECOGNIZED BY
PUTTING UP EXAMPLES OF WHAT NOT
TO DO SO THAT EMPLOYERS KNOW
THAT THERE IS GOING TO BE SOME
CONSEQUENCE. IF THEY DON'T
FOLLOW THE LAW, ABSOLUTELY.
THANK YOU VERY MUCH. APPRECIATE
YOUR EXPERTISE ON THIS ISSUE AND
SHARING SOME OF YOUR
EXPERIENCES. UM BUT MODERATOR IF
WE CAN GO TO THE PHONE LINE,
NICOLE MORE WITH RIDE SHARE
DRIVERS UNITED AS OUR FINAL
SPEAKER ON THIS PARTICULAR
PANEL. CAN YOU HEAR ME? YES.
GREAT THANK YOU. CHAIRMAN CALL
RYAN'S COMMITTEE MEMBERS AND THE
VIDEO NICOLE MOORE AND THE
PRESIDENT OF RIDESHARE DRIVERS
UNITED, WHICH IS A DRIVER, LED
AND DRIVER RUN ORGANIZATION IN
CALIFORNIA WITH 20,000 MEMBERS.
AND UM, I'M HERE BECAUSE MHM AS
MISCLASSIFIED WORKERS AND NOW
LEGALLY MISCLASSIFIED WORKERS.
UM WE ABSOLUTELY SUPPORT. UM YOU
KNOW LAWS LIKE HB FIVE. WE
WORKED SO HARD FOR IT. AND YOU
KNOW, UH, IT WAS SUCH A HUGE
VICTORY WHEN, UM, THE. UH, YOU
KNOW WHEN THE LAW PASSED AND, UM
, YOU KNOW, AND THEN, WHEN IT
WENT INTO EFFECT ON JANUARY, 1
2020 YOU KNOW WE WANTED THE
WORLD TO CHANGE, BUT IT DIDN'T.
UM AND SO WE ORGANIZED THE
PEOPLE'S ENFORCEMENT CAMPAIGN TO
TRY TO GET THE WAGES AND
BENEFITS THAT WE KNEW WE WERE
OWED UNDER 85 IT IT DIDN'T
HAPPEN. SO WE FILED THE WAGE
CLAIMS WE'VE FILED MORE THAN
5000 WAGE CLAIMS WITH THE STATE
OF CALIFORNIA. IN ORDER TO, UH.
TO AWAKEN THE STATE THAT WE
NEEDED THEIR HELP AND ENFORCING
THE LAW. AND YOU KNOW, I THINK
THAT THE LABOR COMMISSION AND
ATTORNEY GENERAL, UM AND THREE
CITIES ACTED WITHIN THE FEW FEW
MONTHS, BUT IT WAS ONLY DAYS
BEFORE THE NOVEMBER ELECTION.
THAT THE ATTORNEY GENERAL FILED
IN THE INJUNCTION AGAINST UBER
AND LIFT UM AND FOR NOT
FOLLOWING THE LAW AND WITH
AWESOME, BUT IT WAS TOO LATE.
BECAUSE AT THAT POINT, THE
COMPANIES HAVE SPENT $220
MILLION. TO MAKE SURE THAT THEY
COULD IN ENACT A NEW LAW THROUGH
PROPOSITIONS THAT WOULD TAKE OUR
RIGHT AWAY AGAIN. UM AND THE
THING IS WITHOUT THAT
ENFORCEMENT. THERE WAS NO WAY
FOR US TO ARGUE THAT THEY WERE
TAKING OUR RIGHTS AWAY. EXCEPT
WE HAD THESE IMAGINARY RIGHTS
THAT WERE ONLY ON PAPER. AND THE
YOU KNOW, THE COMPANIES WERE
SAYING, HEY, WE WERE GOING TO
PROVIDE YOU. UM YOU KNOW SOME
KIND OF WAGE FOR AND WE'RE GOING
TO PROVIDE YOU SECOND CLASS
BENEFITS, BUT AT LEAST IT'S
BETTER THAN NOTHING. AND THAT'S
WHAT EVERYBODY TOOK AWAY FROM
THAT IF WE HAD HAD TIMELY
ENFORCEMENT OF THE LAW FOR A
QUICKER INJUNCTION, OR AT LEAST
PRESSURE ON THE COMPANIES TO
ENFORCE IT WOULD NOT HAVE BEEN
THE SAME PROBLEM. AND YOU KNOW,
UM, I MEAN, I 40% OF THE PEOPLE
WHO VOTED FOR UM, PROP 22 VOTED
BECAUSE, UM, THEY THOUGHT IT WAS
ACTUALLY BETTER THAN WHAT WE HAD
. UM AND PEOPLE ACTUALLY CAME UP
TO ME AND CONGRATULATED ME AS
THE RIGHT CHAIR DRIVER, UNION
LEADER. THAT IS JUST SUCH A
GREAT VICTORY FOR US, AND I HAD
TO TELL THEM THAT PROP 22 TOOK
AWAY OUR LABOR RIGHTS THAT HAD
NOT YET BEEN ENFORCED. SO WE'RE
LEFT WITH A LAW THAT REALLY
TOTALLY UNENFORCEABLE. UM BUT
THE STATE HAS TO FIND WAYS TO
PROTECT AT LEAST WORKERS AND
OTHER MISCLASSIFIED WORKERS, UM
, AND WHO, MOST OF WHOM ARE
STILL COVERED BY A B FIVE AND
NEED ENFORCEMENT SUPPORT. UM IN
ADDITION, I THINK OF CRITICAL
ISSUE FOR ALL OF THESE
INDUSTRIES IS THAT THE STATE HAS
TO DEMAND DATA FROM COMPANIES IN
ORDER FOR THEM TO OPERATE HERE
TO ENFORCE WAIVER STANDS.
THERE'S BEEN FRANKLY, ALMOST
EVERYTHING ELSE THE STATE NEEDS
TO DEMAND THE DATA THAT THESE
COMPANIES MAKE, UM IS THAT IS
ONE OF THE WAYS THAT SMART
REGULATION HAS MOVED FORWARD IN
NEW YORK CITY BECAUSE THE NEW
YORK TAXI AND LIMOUSINE
COMMISSION HAD THE DATA AND
COULD SHOW THAT THEY WERE MAKING
SO LITTLE MONEY IN THE APP BASED
, UM, PASSENGER DRIVING
COMMUNITY. AND WE INSTEAD HAD TO
GET A GRANT. AND, UM, GET 55
WORKERS, UM, PERMISSION TO WORK
WITH THEM ON HAVING ALL THEIR
DATA PUT INTO A CENTRAL LOCATION
AND FOLLOW THEM ON 12,000 RIDES
TO FIND THAT INDEED, WE'RE
MAKING $6.20 AN HOUR. UM AND,
YOU KNOW, DO NOT HAVE THE
BENEFITS THAT WE NEED. UM SO WE
NEED THE STATE NOT TO BE SOFT ON
THESE COMPANIES WHO ARE
LITERALLY RUNNING WORKING
PEOPLE'S LIVES INTO THE GROUND.
I'VE SEEN PEOPLE DIE FROM COVID
SEEN PEOPLE GO HOMELESS. I'VE
SEEN PEOPLE JUST GO INTO DEEP
DEPRESSION BECAUSE THEY'RE STUCK
IN A JOB THAT USED TO PAY THEM.
OKAY. AND NOW THERE'S NOTHING UM
AND THEY HAVE YOU KNOW HUGE
BILLS TO PAY FOR THEIR VEHICLES
BECAUSE LITERALLY WORKING AND
POOR PEOPLE PAY FOR THE SLEEP OF
THESE MILLION DOLLARS BILLION
DOLLAR COMPANIES. SO UM, UM SO
WE NEED REGULATION. UM, AND WE
NEED ENFORCEMENT TO STOP THIS
CLASSIFICATION. AND I, YOU KNOW,
I SAY THAT YOU KNOW, A LOT OF
THIS IS ABOUT WAGES FOR US, BUT
SAFETY IS A VERY IMPORTANT
CONCERN, AND I WANT TO
APPRECIATE CAL OSHA BECAUSE WE
FILED COMPLAINTS ABOUT COVID
SAFETY AS DRIVERS. UM IN THE
STATE, AND, UM CAL OSHA TOOK IT
VERY SERIOUSLY AND INTERVIEWED A
SUBSTANTIAL NUMBER OF WORKERS
AND FILED, UM, FILED UH, AND
CITATIONS AGAINST BOTH COMPANIES
. UM AROUND THEIR COVID SAFETY
SAYING, YOU KNOW, AND THIS IS
EVEN UM, THOUGH. UM YOU KNOW,
UNDER PROP 22 COMPANIES HAVE
CHALLENGED COLLISION CITATIONS
BY SAYING, WE'RE NOT COVERED BY
BASIC WORK WORK FOR SAFETY LAWS
OF OUR STATE, WHICH IS AN
ABSOLUTE ABOMINATION. SO UM, YOU
KNOW, UH, THAT IS WHERE WE ARE,
AND WE ABSOLUTELY SUPPORT STRONG
ENFORCEMENT OF THE LABOR LAWS
AND WE? WE WANTED TO GO QUICKLY
RIGHT NOW, UM, THE CASES FROM
OUR WAGE CLAIMS. UM YOU KNOW,
THANKFULLY, HAVE BEEN TURNED
INTO CLASS ACTION BY THE
ATTORNEY GENERAL, THREE CITIES
AND, UM, AND THE LABOR
COMMISSION AND THEY'RE SITTING
IN COURT AND WE'RE STILL WAITING
. AND THERE'S MANY, MANY DRIVERS
WHO ARE WAITING IN ORDER TO PAY
DOWN THEIR DEBTS WHEN THEIR
TRANSMISSION WENT OUT OR
WHATEVER, JUST TO BE ABLE TO GET
THOSE, UM PAID BACK. SO THAT'S
WHERE WE ARE. THANK YOU VERY
MUCH. THANK YOU VERY MUCH, MISS
MORE. UM, YOU KNOW THE. YOU
DEMONSTRATE SOME OF THE
CHALLENGES AND I THINK THERE'S
UNIQUE CHALLENGES WITH SOME OF
THE GIG WORKERS, RIDESHARE
WORKERS, UM AND OTHERS THAT THAT
MAY BE MISCLASSIFIED, YOU KNOW?
HOUSE CLEANERS, HOME CARE
WORKERS. THERE'S A LOT OF
EXAMPLES OF THIS UNIQUE WORK
SITUATIONS THAT ARE UNLIKE, AND
I'VE BEEN TO ACTIONS THAT FAST
FOOD RESTAURANTS AND NURSES IN
FRONT OF HOSPITALS. IT'S A
LITTLE DIFFERENT WHEN YOU HAVE
THE ABILITY TO BE IN ONE
PHYSICAL PLACE, AS OPPOSED TO
BASICALLY WORKING ON YOUR OWN.
UM AND I IMAGINE THAT'S A BIG
REASON WHY THE STATE DEMANDING
THE DATA. IT'S CRITICAL. THERE
ARE OTHER REASONS, GIVEN THE
UNIQUE WORK SITUATION, WORKING
SOLO BEATING, BEING KIND OF
DISCONNECTED FROM OTHER WORKERS
. UM ARE THERE OTHER CHALLENGES
WITH THAT IN TERMS OF ORGANIZING
IN TERMS OF ENSURING THAT
WORKERS RIGHTS ARE PROTECTED?
YES, I MEAN, BECAUSE PEOPLE ARE
VERY ISOLATED, ARE ONLY
RELATIONSHIP WHILE DRIVING WITH
THEIR PHONES, YOU KNOW, AND IN
THE OCCASIONAL SPOTS WHERE WE DO
CONGREGATE LIKE AT L A X OR, YOU
KNOW LOTS LIKE THAT. THEN UM,
YOU KNOW, THAT'S WHERE WE'RE
ACTUALLY ABLE TO GET IN TOUCH. I
MEAN, WE'VE CREATED AND THAT
WORKS THAT IS PARTIALLY THROUGH
, YOU KNOW, HUMAN RELATIONSHIP
AND PARTIALLY THROUGH TEXT THAT
HAS BEEN REALLY, REALLY HELPFUL
TO OUR ORGANIZING, BUT I THINK
YOU POINT OUT EXACTLY WHAT THE
ISSUE IS WHAT THEY TO IS LIKE WE
JUST WE DON'T HAVE THE ABILITY
TO MEASURE THINGS OR NO. ALL THE
DRIVERS THERE ARE, YOU KNOW.
PROBABLY CLOSE TO 200,000
RIDESHARE DRIVERS IN THE STATES
. UM, AND WE DON'T EVEN KNOW WHO
THEY ARE. AND I THINK THE YOU
KNOW THE REQUESTS FOR DATA IS
THE ONLY WAY THAT WILL BE ABLE
TO UM, YOU KNOW, REGULATE
ANYTHING IN TERMS OF, UM YOU
KNOW WHETHER IT'S LABOR RIGHTS,
WHETHER IT'S YOU KNOW OUR CARBON
FOOTPRINT AS A STATE IF WE DON'T
KNOW THOSE THINGS AND BETTER
TRANSPORTATION PLANS, HONESTLY,
SO, YEAH, I THINK IT'S REALLY
IMPORTANT BECAUSE, UM, YOU KNOW
, AND THE CITY OF SAN FRANCISCO
KNOWS WHEN THEY ASKED FOR THE
DATA THAT THEY HAD TO SUE FOR
THE DATA, SO YOU KNOW, WE REALLY
NEED THE STATE TO BACK US UP ON
THIS. I REALLY APPRECIATE THAT.
THIS IS NOT THE FIRST TIME
YOU'VE PROVIDED YOUR EXPERIENCE
AND EXPERTISE TO THIS COMMITTEE
SO VERY GRATEFUL FOR YOUR FOR
YOUR FEEDBACK. IT'S MORE UM AND
, UM, MISS BERNARD AND MORRISSEY
. THANK YOU ALL SO MUCH FOR
BEING HERE, UM, AND OFFERING
YOUR EXPERIENCES AND YOUR
EXPERTISE TO THE COMMITTEE. VERY
GRATEFUL. SO THANK YOU. THANK
YOU. AND I WANT TO THANK THE
FINAL UM, FINAL PRESENTERS FOR
THEIR PATIENTS, AND WE STARTED
LATE AND WE'RE GETTING LATER
INTO THE AFTERNOON. BUT I'D LIKE
TO INVITE UP. CAITLIN VEGA,
GENERAL COUNSEL FOR CALIFORNIA
LABOR FEDERATION ON A PADILLA,
EXECUTIVE DIRECTOR OF THE U. C.
MERCED COMMUNITY AND LABOR
CENTER, AS WELL AS MATT DE
COROLLA STAFF ATTORNEY FOR BETSY
TICK TO PLEASE JOIN US. THANK
YOU, MR VEGA, ALSO FOR ASSISTING
ON THE LAST PANEL. I APPRECIATE
THAT. MAKE SURE THAT WE GOT THE
FULL FEEDBACK FROM OUR WONDERFUL
PRESENTER MARIA. AND SO YOU MAY
BEGIN WHENEVER YOU'RE READY, MR
VEGA. MR CHAIR. I WANT TO BEGIN
JUST BY THINKING YOU FOR HOLDING
THIS HEARING. UM I'M SURE YOU
WERE AS MOVED AS I WAS TO HEAR
THESE STORIES FROM SO MANY
WORKERS FROM SO MANY DIFFERENT
INDUSTRIES, BUT THAT ALL KIND OF
HELD TOGETHER AND TOLD A STORY.
UH I'M SORRY. CAITLIN VEGA,
GENERAL COUNSEL FOR THE
CALIFORNIA LABOR FEDERATION, AND
, UM, IN MY WORK AS A LABOR
LOBBYIST, I FEEL LIKE I'VE HEARD
OVER AND OVER AND OVER HOW HARD
IT IS TO BE A BUSINESS IN
CALIFORNIA. I DON'T THINK WE
HEAR ENOUGH FROM WORKERS ABOUT
HOW HARD IT IS TO BE A WORKER IN
CALIFORNIA. WE HAVE PASSED MANY
OF THE NATION'S BEST AND
STRONGEST LABOR LAWS. AND YET AS
YOU STARTED THIS HEARING OUT
WITH THOSE LAWS ARE MEANINGLESS
IF WORKERS ARE SEEING COWORKERS
FAINT FROM HEAT, AND THERE'S NO
GOVERNMENT AGENCY RESPONDING IF
WORKERS ARE BEING MISCLASSIFIED
, AND NO ONE IS COMING TO THEIR
AID TO ENFORCE THE LAW, AND SO
I'M SO GRATEFUL THAT YOU TOOK
THE TIME TO REALLY FOCUS ON WHAT
I THINK IS ONE OF OUR KEY
PRIORITIES. UM EVALUATING
EXISTING ENFORCEMENT SYSTEMS IN
COMING UP WITH WAYS TO
STRENGTHEN THEM, AND WE DO HAVE
SOME SOME THOUGHTS ON HOW WE GOT
HERE AND HOW WE MAY BE ABLE TO
GET OUT. I THINK FROM OUR
PERSPECTIVE, WE WANT TO START
WITH THE IDEA THAT EMPLOYERS
HAVE CREATED A SYSTEM WHERE
ACCOUNTABILITY IS VERY
DIFFICULT. WE HAVE A FISSURED
ECONOMY WHERE IT UH, EMPLOYMENT
WAS ONCE DIRECT EMPLOYMENT WITH
THE BOSS AND WORKERS MUCH EASIER
TO HOLD THAT BOSS ACCOUNTABLE
FOR THE WAY THAT WORKERS ARE
TREATED. WHAT WE'VE SEEN OVER
THE LAST SEVERAL DECADES IS A
MOVE TOWARD CONTRACTING OUT.
HIRING WORKERS THROUGH AN APP
AND SAYING THAT THAT'S SOMEHOW
IMPACTS THEIR RIGHTS USING
DIFFERENT KINDS OF BUSINESS
ARRANGEMENTS THAT ARE
TECHNICALLY LEGITIMATE, WHETHER
IT'S AN LLC FRANCHISE, BUT USING
THOSE BUSINESS, UM STRUCTURES TO
SHIELD THEMSELVES FROM
LIABILITY. FOR THE PEOPLE WHO DO
THEIR WORK, SO THEY HAVE KIND OF
CREATED THIS ECONOMY WHERE, UM,
ENFORCING LAWS AND HOLDING
EMPLOYERS ACCOUNTABLE BECOMES
MUCH MORE DIFFICULT. ON TOP OF
THAT THEY HAVE AGGRESSIVELY
PURSUED FORCED ARBITRATION ON ON
THE JOB. MANY FAST FOOD
COMPANIES MAKE WORKERS SIGN AWAY
HER RIGHTS ON THE JOB
APPLICATION THAT THEY CAN NEVER
TAKE THEIR THEIR EMPLOYER TO
COURT. THEY HAVE TO GO TO
ARBITRATION. THE ONE PATH
OUTSIDE OF FORCED ARBITRATION IS
THE PRIVATE ATTORNEYS GENERAL
ACT THAT WAS ENACTED BASED ON
THE IDEA THAT EXISTING PUBLIC
AGENCIES DID NOT HAVE THE
RESOURCES TO ENFORCE THE LAW FOR
ALL CALIFORNIA WORKERS, AND THAT
WORKERS THEMSELVES SHOULD BE
EMPOWERED TO DO SELF. AH AS YOU
WELL KNOW, HUNGER HAS BEEN
COMPLETELY VILIFIED WITHIN THE
CAPITAL AS UM AWAY FOR FRIVOLOUS
LAWSUITS TO DISADVANTAGE
EMPLOYERS RATHER THAN SEEING AS
THE ONE SMALL TOOL LEFT FOR
WORKERS WHOSE RIGHTS ARE
VIOLATED. THE SUPREME COURT
RECENTLY TOOK ANOTHER, UM, WHACK
UP PAGA LIMITING THE ABILITY OF
WORKERS TO BRING FORWARD THESE
CASES ON BEHALF OF THEIR
COWORKERS IF THEY'VE SIGNED AN
ARBITRATION AGREEMENT, SO AGAIN
, THE OPTIONS FOR WORKERS HAVE
GOTTEN NARROWER AND NARROWER,
LEAVING MOST WORKERS ENTIRELY
DEPENDENT ON PUBLIC ENFORCEMENT.
UM I WOULD SAY, I'M SURE ANYONE
WHO WAS HERE TO LISTEN TO OUR
STATE'S LABOR COMMISSIONER WOULD
AGREE. WE HAVE THE BEST LABOR
COMMISSIONER PROBABLY EVER IN
THE COUNTRY. WHO ELSE DOES THE
AMAZING KINDS OF OUTREACH SHE IS
DOING? BUT SHE HAS ONE PERSON
WITH ONE SMALL UNDER FUNDED
AGENCY. IN TERMS OF GIVING. HER
AND THAT AGENCY THE SUPPORT THEY
NEED. THEY NEED EXPEDITED
HIRING. THEY NEED A DEDICATED
HIRING UNITS SO THAT THE PEOPLE
WHO SHOULD BE DOING ENFORCEMENT
ARE NOT SPENDING THEIR TIME ON
JOB APPLICATION. YOU KNOW,
REVIEWING JOB APPLICATIONS THEY
NEED TO BE ABLE TO HIRE BY
BILINGUAL STAFF. THEY SHOULD
ALSO BE THINKING BE ABLE TO
CONSIDER UM INDIVIDUALS WHO HAVE
A DEMONSTRATED COMMITMENT TO
WORKERS' RIGHTS AND KNOWLEDGE IN
THE LABOR ARENA, SO THERE'S MANY
THINGS WE SHOULD DO. WE SHOULD,
OF COURSE, GIVE THEM MORE
FUNDING, GIVEN THE COMPLEX
NATURE OF THE ECONOMY AND THE
TASK AT HAND, AND THE SAME GOES
FOR CAL OSHA, THESE AGENCIES
SHOULD BE ABLE TO DO IN PERSON
INSPECTIONS. SPACE SHOULD HAVE A
LEGITIMATE NUMBER OF INSPECTORS
PER WORKERS, SO THAT THE FEW BAD
APPLES OUT THERE IN TERMS OF
EMPLOYERS ACTUALLY BELIEVE THEY
MIGHT GET CAUGHT. WHAT WE HAVE
RIGHT NOW IS A SENSE THAT THERE
ARE NO CONSEQUENCES WORKER AFTER
WORKERS SAID THEY NEVER HEARD
FROM CAL OSHA WORKERS TALKED
ABOUT IF YOU COME FORWARD AND
MAKE A COMPLAINT. YOU WILL BE
RETALIATED THEY WILL THREATEN TO
CALL ICE. SO IN THAT ENVIRONMENT
, WE NEED AGENCIES TO BE
PROACTIVE OUT IN THE FIELD BE
FULLY STAFFED. BUT WE CANNOT
RELY ON JUST THOSE STATE
AGENCIES. WE SHOULD BE FUNDING
AND INCENTIVIZING LOCAL AGENCIES
TO DO LABOR LAW ENFORCEMENT. WE
SHOULD BE THINKING ABOUT
CRIMINAL PENALTIES WHERE
APPROPRIATE, BECAUSE, WHILE WE
WOULD AGREE MANY EMPLOYERS WANT
TO FOLLOW THE LAW, AND IN FACT,
MANY EMPLOYERS ARE HARMED BY
EMPLOYERS THAT DON'T FOLLOW THE
LAW. AS WE HEARD FROM OUR
BUILDING TRADES REPRESENTATIVE,
BUT NOT ALL DO AND SOME ARE
FOCUSED ON THE BOTTOM LINE. AND
IF CHEATING WORKERS, UH, IS A
GOOD WAY OF DOING BUSINESS, AND
IT IS VERY UNLIKELY THAT YOU
WILL EVER GET CAUGHT, UM SOME
ARE GOING TO PICK THAT PATH. WE
HAVE TO MAKE SURE THAT THERE ARE
CONSEQUENCES. A COUPLE OF YEARS
AFTER PASSING A B FIVE. WE SEE
EVERY DAY ADVERTISEMENTS FOR
JOBS AS DISHWASHERS THAT ARE 10
99 BUSSERS. WAREHOUSE WORKERS
JOBS THAT IN NO WAY EVER UNDER
THE LAW COULD LEGITIMATELY BE
CLASSIFIED AS INDEPENDENT
CONTRACTORS. AND YET THESE
COMPANIES DO NOT FEAR THE COSTS
THE CONSEQUENCES. THEY FEEL VERY
SURE THEY WILL NEVER GET CAUGHT
. IF THEY DO, THEY WILL DRAG IT
OUT UNTIL THE WORKER GIVES UP OR
THE FINES WILL BE WORTH THE
WORTH. UM THE COST OF DOING
BUSINESS, IT WILL BE LESS THAN
THEY WOULD HAVE PAID IN THE
FIRST PLACE. SO AGAIN. WE JUST
WANT TO THANK YOU FOR DOING THIS
HEARING. WE WANT TO URGE YOU TO
KEEP THE SPOTLIGHT OF THE
ASSEMBLY LABOR COMMITTEE ON THIS
VERY IMPORTANT ISSUE, AND WE
HOPE TO CONTINUE TO PARTNER WITH
YOU ON HOW WE STRENGTHEN
ENFORCEMENT AND MAKE ALL THE
GREAT LAWS THAT WE'VE PASSED
MEANINGFUL IN PEOPLE'S LIVES.
THANK YOU. THANK YOU SO MUCH FOR
YOUR FEEDBACK. I THINK IT
REALLY, REALLY REITERATES AND
GIVES SOME KIND OF BACKING TO
THE STORIES OF THE WORKERS. UH
AND, UM YOU'RE ABSOLUTELY RIGHT.
WHEN YOU THINK ABOUT THE
BUSINESS IS, UM, IF YOU GO AFTER
AND HAVE THE ABILITY AND THE
THERE'S THE STRENGTH TO GO AND
RESOURCES TO GO AFTER THE BAD
ACTORS AND NOT ONLY SENDS A KIND
OF STICK STICK MESSAGE TO THE TO
THE OTHER EMPLOYERS A SENSE OF
POSITIVE MESSAGE TO THE PLAYERS
THAT ARE DOING THE RIGHT THING,
YOU KNOW, BECAUSE IT'S ALL ABOUT
IF YOU WANT TO BE COMPETITIVE IN
THE BUSINESS MARKET IN THE
MARKET. UM AND YOU'RE PUTTING
GOOD EMPLOYERS THAT ARE
DISADVANTAGE. AT SOME POINT.
THEY'RE JUST SAYING THAT THERE'S
NO ENFORCEMENT THEY'RE GONNA SAY
WELL, I HAVE TO REMAIN
COMPETITIVE AND THEY'RE GOING TO
GO DOWN THAT PATH. AND SO I
THINK IT'S SPOT ON IN TERMS OF
THE KIND OF THE DUAL INCENTIVES
SLASH DISINCENTIVE FOR DOING THE
RIGHT THING. ONE QUESTION I HAVE
REGARDING YOU MADE REFERENCE TO
THE SUPREME COURT RULING
REGARDING PAGA. WHAT IF ANYTHING
, SHOULD THE STATE, UH TO THE
STATE OF CALIFORNIA BE DOING IN
RESPONSE TO THAT RULING? WELL,
LIKE MANY DECISIONS COMING OUT
OF THE SUPREME COURT, I THINK IT
WAS ILLEGALLY DUBIOUS DECISION
AND WE ARE SOMEWHAT HOPEFUL THAT
IT WILL BE RESOLVED THROUGH
COURT DECISIONS THAT THAT
DISREGARD THE ERRONEOUS FINDING
OF LAW THAT, UM, A WORKER NO
LONGER POSSESSES THE STANDING TO
PURSUE THE CASE ON BEHALF OF
THEIR COWORKERS. IT'S REALLY A
MISUNDERSTANDING OF STATE LAW,
BUT I THINK IT'S ESSENTIAL. A
CALIFORNIA HAS TO ENSURE THERE
IS SOME ABILITY TO DO PRIVATE
ENFORCEMENT. THAT IS, WHAT IS
GOING TO INCENTIVIZED COMPLIANCE
. THAT IS WHAT IS GOING TO TELL
ALL THE EMPLOYERS WHO ARE
FOLLOWING THE LAW THAT IT'S
WORTH IT. UM AND SO AS WE WATCH
THOSE CASES COME OUT. I THINK WE
HAVE TO BE OPEN TO MAKING
WHATEVER CLARIFICATIONS ARE
NEEDED TO ENSURE THAT WORKERS
HAVE SOME ABILITY STILL TO TAKE
AN ABUSIVE BOSTON COURT. AND I
THINK ALSO, WE SAW WE GRATEFULLY
WE HAVE AN ATTORNEY GENERAL THAT
I THINK IS TAKING THESE ISSUES
VERY SERIOUSLY. BUT ALSO AS WE
HEARD FROM OUR SAN FRANCISCO
DISC ATTORNEY'S OFFICE, AND YOU
KNOW, WE HAVE IT IN CENTIGRADE
COUNTY AS WELL. UM YOU KNOW
THESE LOCAL JURISDICTIONS
ABILITIES ALSO TO EMPOWER THEM
TO TAKE ACTION BECAUSE, AS WE
HEARD FROM OUR LABOR
COMMISSIONER AND I MEAN, THERE'S
ONLY SO MUCH BANDWIDTH IN TERMS
OF BEING ABLE TO FOLLOW UP ON ON
THE SO MANY COMPLAINTS THAT ARE
PUT THEIR THEIR THEIR PUT FORTH
AND HAVING WORKERS WAIT ONE OR
TWO YEARS IS UNACCEPTABLE.
ALRIGHT SO APPRECIATE REALLY
APPRECIATE YOUR FEEDBACK ON
THESE ISSUES. AND YOU KNOW, IN
TERMS OF BEING SOLUTION
ORIENTED. I THINK THAT BECAUSE
WE KNOW WE HAVE TO DO NOW. WE
HAVE TO GO DO IT, AND THAT'S THE
HARD PART. BOTH IN TERMS OF
POLITICALLY BUT ALSO IN TERMS OF
ACTUALLY PUTTING MONEY BEHIND
OUR VALUES. IN TERMS OF
ENFORCEMENT. UM. NEXT UP. WE
HAVE OUR EXECUTIVE DIRECTOR ANNA
PADILLA WITH UC MERCED COMMUNITY
AND LABOR CENTER. HIT THE
MICROPHONE BUTTON. THANK YOU. UM
THANK YOU FOR THE OPPORTUNITY TO
SPEAK AT THIS IMPORTANT
INFORMATIONAL HEARING OUR
WORKPLACE STANDARDS AND
ENFORCEMENT, AND IT WAS HONORED
BY THE END OF THE EXECUTIVE
DIRECTOR OF THE UC MERCED
COMMUNITY IN LABOR CENTER. AS
PART OF OUR MISSION. WE CONDUCT
RESEARCH AND EDUCATION, ISSUES
OF COMMUNITY LABOR AND
EMPLOYMENT. OUR WORK IS INFORMED
THE DEVELOPMENT AND PASSAGE OF
SEVERAL MAJOR STATE POLICIES
CONCERNING WORKERS SUCH AS A B
18 76 B 13 83 AND THE
KALASHNIKOV IN 19 TEMPORARY
EMERGENCY TEMPORARY STANDARD. IN
JANUARY 2021, THE STATE OF
CALIFORNIA LABOR AND WORKFORCE
DEVELOPMENT AGENCY, LAUNCHED THE
CALIFORNIA COVID-19 WORKPLACE.
OUTREACH UH, PROJECT ALSO KNOW
C. WEBB. AH WHERE WE SERVE AS A
REGIONAL LEADER FOR THE COUNTY,
SOME JOAQUIN VALLEY REGION ARE
CENTERS. COMMENTS TODAY DRAW
FROM OUR EXPERTISE IN RESEARCH
AND EDUCATION ON WORKPLACE
HEALTH AND SAFETY. THE FIRST
FINDING WE WILL SHARE FROM OUR
CENTERS. RESEARCH IS THAT
INDUSTRIES WITH GREATER NUMBERS
OF IMMIGRANTS, LOW WAGE WORKERS
ARE AT GREATER RISK OF WORKPLACE
HEALTH AND SAFETY ISSUES. WHEN
THE L. DAVIDE LAUNCHED THE C.
WEBB INITIATIVE. IT DEFINES
SEVEN INDUSTRIES AT HIGH RISK OF
COVID SPREAD AGRICULTURE, FOOD
PROCESSING, GROCERY, RESTAURANT
, JANITORIAL, WAREHOUSING AND
MANUFACTURING. WE HEARD AN
EARLIER PANELS FROM WORKERS AND
WORKER ADVOCATES IN THE GROCERY
, RETAIL, RESTAURANT, FOOD
SERVICES AND WAREHOUSING
INDUSTRIES. THESE THREE
INDUSTRIES ROOM UNDER SEVEN HIGH
RISK INDUSTRIES. WE ANALYZED THE
DEMOGRAPHIC CHARACTERISTICS OF
CALIFORNIA WORKERS IN THE SEVEN
INDUSTRIES BY DRAWING FROM U. S.
CENSUS BUREAU, AMERICAN
COMMUNITY SURVEY DATA. WE FOUND
THAT ACROSS HIGH RISK INDUSTRIES
WORKERS WERE DISPROPORTIONATELY
IMMIGRANT IN LOW WAGE. IN HIGH
RISK INDUSTRIES. 47% OF WORKERS
WERE IMMIGRANT COMPARED WITH 31%
FOR ALL OTHER INDUSTRIES. 28% OF
WORKERS WERE NONCITIZENS VERSUS
13% IN ALL OTHER INDUSTRIES AND
WORKERS. MEDIAN ANNUAL SALARY
AND WAGES WERE ONLY $25,592
COMPARED WITH WORKERS IN ALL
OTHER INDUSTRIES, WHO EARNED A
MEDIAN OF $39,000. THE SECOND
FINDING WAS THAT THESE
INDUSTRIES WITH GREATER NUMBERS
OF IMMIGRANT AND LOW WAGE
WORKERS WERE AMONG THE STATES
INDUSTRIES WITH THE HIGHEST
PANDEMIC ERA INCREASES IN DEATH.
AND OUR FACT SHEET THE PANDEMICS
TALL AND CALIFORNIA WORKERS AND
HIGH RISK INDUSTRIES. WE
ANALYZED CALIFORNIA DEPARTMENT
OF PUBLIC HEALTH DATA RECORDS
FROM MARCH DECEMBER 2019 AND
2020. WE FOUND THAT SIX OF THE
SEVEN HIGH RISK INDUSTRIES WERE
AMONG THE STATE'S TOP NINE
INDUSTRIES OF THE HIGHEST
INCREASES IN PANDEMIC ERA DEATHS
. THIS INCLUDED THREE OF THE
INDUSTRIES WE HEARD FROM
EARLIER. OUR FACT SHEET LATINO
AND IMMIGRANT WORKERS AT HIGHEST
RISK OF DEATH FURTHER FOUND THAT
IMMIGRANTS AND LATINOS COMPRISED
THE MAJORITY OF WORKERS IN
CALIFORNIA'S INDUSTRIES WITH
HIGHEST INCREASE IN PANDEMIC ERA
DEATHS. 60% OF PANDEMIC RELATED
DEATHS IN THOSE NINE INDUSTRIES
WHERE LATINO AND 58% WERE
IMMIGRANT. FACT SHEETS ENDED
WITH SUGGESTIONS THAT EFFORTS TO
REGULATE WORKPLACE HEALTH AND
SAFETY SHOULD BE ADEQUATELY
FUNDED AND STAFFED TO ENSURE
EDUCATION AND ROBUST ENFORCEMENT
OF STANDARDS ACROSS ALL
INDUSTRIES, AND THAT SUCH
EFFORTS TO REFLECT MANY
LANGUAGES SPOKEN BY HIGH RISK
INDUSTRY WORKERS. THE THIRD
FINDING WOULD LIKE TO SHARE IS
WORKER RIGHTS EDUCATION CAN
ENHANCE EFFORTS. TO ENFORCE
INDUSTRY WORKING STANDARDS. THE
UC MERCED FARM WORKER HEALTH
STUDY INTERVIEWED 1200 WORKERS
IN THE AGRICULTURE INDUSTRY, THE
LARGEST EVER ACADEMIC STUDY ON
ON THE HEALTH AND WELL BEING OF
WORKERS AND IN AN INDUSTRY WITH
SOME OF THE HIGHEST RATES OF
OCCUPATIONAL INJURY, ILLNESS AND
DEATH. WE FOUND THAT WORKERS WHO
SAID THAT THEY KNEW THEY HAD THE
RIGHT TO FILE A WAGE IN OUR
COMPLAINT WITH THE DIVISION OF
LABOR STANDARDS ENFORCEMENT.
WHERE 2.5 TIMES MORE LIKELY TO
SAY THEY WOULD BE WILLING TO
FILE A REPORT IF THEIR EMPLOYER
HAD VIOLATED THEIR RIGHTS AS A
WORKER. WORKERS WHO SAID THEY
KNEW THEY HAD THE RIGHT TO FILE
A WORKPLACE HEALTH AND SAFETY
COMPLAINT WITH CAL OSHA WHERE
2.1 MORE TIMES MORE LIKELY TO
SAY THEY WOULD BE WILLING TO
FILE A REPORT IF THEIR EMPLOYER
HAD VIOLATED THEIR RIGHTS AS A
WORKER. SINCE THE PUBLICATION OF
OUR FACT SHEETS AND THE
COMMENCEMENT OF THE SEA WALK WE
HAVE WITNESSED WITH A GREATER
INVESTMENT IN WORKER RIGHTS,
EDUCATION AND ENFORCEMENT COULD
LOOK LIKE THE C. WEBB CREATED
THE FIRST MAJOR INVESTMENT IN
WORKER RIGHTS EDUCATION IN THE
SAN JOAQUIN VALLEY, A REGION IN
CALIFORNIA THAT HAS CONSISTENTLY
RANKED LAST OR NEXT TO LAST IN
EVERY MAJOR INDICATOR OF WELL
BEING. THE SEA WASP OFFERED A
CASE STUDY INTO HOW AN
INVESTMENT AND WORKER RIGHTS
EDUCATION CAN CREATE WORKER
RIGHTS EDUCATION WHERE IT DID
NOT PREVIOUSLY EXIST. WHEREAS
OTHER WHEREAS SOME OTHER WHEREAS
SOME REGIONS HAD EXISTING
WORKPLACE HEALTH AND SAFETY
EDUCATION PROGRAMS AT THE ONSET
OF THE PANDEMIC, AND SOMEONE
CAME VALLEY DID NOT. YEP
PROGRAMS LIKE SEE WHAT ENABLED
THE COLLABORATIVE OF
ORGANIZATIONS, MANY OF WHOM HAD
NEVER CONDUCTED WORKER RIGHTS,
OUTREACH AND EDUCATION TO WORK
ALONGSIDE LABOR AND AGENCIES AND
GET FUNDED TO ENGAGE AND WORKER
RIGHTS, EDUCATION AND OUTREACH.
THE CF ALSO ENABLED COMMUNITY
PARTNERSHIPS THAT ADVANCE
COLLISIONS MISSION IN ONE CASE,
A NONPROFIT ORGANIZATION THAT
FOSTERS COMMUNITY BUILDING WITH
THE PUNJABI COMMUNITY, MOBILIZE
ITS MEMBERS IN RESPONSE TO COVID
19 OUTBREAKS, MULTIPLE MEAT
PACKING FACILITIES THAT AFFECTED
HUNDREDS OF WORKERS HOSPITALIZED
DOZENS AND LED TO SEVERAL WORKER
DEATHS. THE CBOE PROVIDED PUBLIC
EDUCATION ON WORKER RIGHTS,
PARTICIPATED IN A MEETING WITH
CAL OSHA AND LABOR UNIONS AND
HELPED TO GENERATE PUBLIC
AWARENESS OF THE OUTBREAKS.
LOCAL NEWSPAPER COVERAGE ON THE
OUTBREAKS, IN TURN FOUND THAT
DURING THE MEATPACKING OUTBREAKS
, A LOCAL AGENCY HAD TIPPED OFF
AN EMPLOYER WITH ADVANCED NOTICE
OF A COLLAGE OF IS IT KELLY. SHE
RESPONDED BY IMPLEMENTING
IMPORTANT CHANGES TO GUARD
AGAINST ANY FUTURE ADVANCED
NOTICE OF UNPLANNED INSPECTIONS.
ANOTHER CASE, A COMMUNITY BASED
ORGANIZATION AND THE ONLY SOCIAL
JUSTICE ORGANIZATION IN KINGS
COUNTY, ONE OF THE MOST RURAL
COUNTIES AND I'M IN THE STATE.
RECEIVED HIS FIRST GRANT TO DO
WORKER OUT TO DO WORKER RIGHTS
OUTREACH EDUCATION RECENTLY
HELPED A FARMWORKER FILE A
REPORT REGARDING A SERIOUS
WORKPLACE SAFETY ACCIDENT WHO
THEN SHARED THAT THEIR EMPLOYER
HAD ALSO BEEN A NON COMPLIANCE
WITH STATE WAGE AND HOUR LAWS.
MISCLASSIFYING WORKERS FOR
DECADES. THESE ARE JUST TWO OF
MANY CASES OF MANY CASES THAT
DEMONSTRATE HOW SEED INVESTMENT
AND WORKER OUTREACH AND
EDUCATION CAN HELP TO ADVANCE
STATE STATE REGULATORY AGENCIES
MISSIONS IN BOTH CASES.
IMMIGRANT LOW WAGE WORKERS
TOILED IN RURAL JOBS WHERE
PREVIOUSLY THERE HAD BEEN NO
REGIONAL INVESTMENT AND WORKER
RIGHTS EDUCATION. IN BOTH CASES
, HOWEVER, STATE FUNDED STATE
FUNDING ENABLED COMMUNITY BASED
ORGANIZATIONS THAT SERVED RURAL
IMMIGRANT POPULATIONS TO CONDUCT
WORKER RIGHTS, EDUCATION, AND IN
BOTH CASES, THOSE ORGANIZATIONS
CONTRIBUTED TO WORKER JUSTICE
ECOSYSTEM THAT ENHANCE THE
STATE'S REGULATORY MECHANISMS
FOR ENSURING COMPLIANCE WITH
WORKPLACE HEALTH AND SAFETY,
WAGE AND HOUR STANDARDS. IN
CONCLUSION WE WILL SHARE THAT IT
IS THE INDUSTRY'S WITH THE
GREATEST NUMBER. OF IMMIGRANT
LOW WAGE WORKERS, UM, THAT ARE
GREATER RISK OF CHALLENGES TO
WORKPLACE HEALTH AND SAFETY. AS
A RESULT, WE RECOMMEND CONTINUED
EFFORTS TO INCREASE FUNDING AND
STAFFING TO ENSURE EDUCATION AND
ROBUST ENFORCEMENT OF LABOR
STANDARDS ACROSS ALL INDUSTRIES
, AND THAT SUCH EFFORTS SHOULD
REFLECT THE MANY LANGUAGES
SPOKEN BY WORKERS IN THIS HIGH
RISK INDUSTRIES. THANK YOU THE
EXTRA LOUD BEEP THAT WAS UM,
ALMOST MADE IT. YOU MADE YOUR
YOU'RE JUST FINE. UM AND YOU
REITERATED SOMETHING THAT IT'S
MORE SEEING THE PRIOR PANEL
MENTIONED. AND I THINK, UM IT'S
REALLY. EMPOWERING WORKERS,
EDUCATING THEM, LETTING THEM
KNOW WHAT THEIR RIGHTS ARE. UM
WHICH OBVIOUSLY CAN BE EVEN MORE
CHALLENGING WHEN YOU'RE TALKING
ABOUT AN IMMIGRANT COMMUNITY
WHERE THERE'S ALREADY A
INTENTIONAL BUILT IN FEAR. UM,
FOR EXERCISING THEIR RIGHTS, AND
SO IT'S SO CRITICALLY IMPORTANT
, BUT IT ALSO GOES TO THE FACT
THAT THEY DO FILE COMPLAINTS AND
NOTHING COMES FROM IT OR THAT
THE WAIT A YEAR OR TWO YEARS. UM
YOU KNOW, THE OUTCOME IS ALSO
RELEVANT IN TERMS OF THEM
FEELING EMPOWERED. TO COME
FORWARD. SO WHEN YOU LOOK AT
THAT ASPECT OF WHAT ARE THE
THINGS THAT WE HEARD FROM? UM,
MR. GOLDBERG FROM THE CITY
ATTORNEY'S OFFICE IN SAN
FRANCISCO IS YOU KNOW THE
ABILITY FOR DIFFERENT
JURISDICTIONS? TO HAVE THE
ABILITY TO, UM, POTENTIALLY BEEN
GOING SMALLER JURISDICTIONS OR
THOSE THAT DON'T HAVE THE
WHEREWITHAL AND FRANKLY BUT WHAT
I'M THINKING IS THAT LOOK, THERE
ARE 58 COUNTIES, NOT THE FDA
COUNTIES ARE GOING TO HAVE 58
CITY ATTORNEY'S OFFICES OR DISK
ATTORNEY'S OFFICES THAT ARE
GONNA CARE ENOUGH ABOUT THE
WORKERS, QUITE FRANKLY, TO BE
THAT EXTRA ARM OF ENFORCEMENT
BECAUSE THE ATTORNEY GENERAL AND
THE LABOR COMMISSIONER CAN'T DO
IT ALL. SO COMING FROM A MORE
RURAL COMMUNITY WHERE MAYBE YOU
DON'T HAVE THE SAME AMOUNT OF
POLITICAL WILL, AS YOU MIGHT
HAVE IN SAN FRANCISCO OR LA OR
WHAT HAVE YOU? WHAT DO YOU
SUGGEST, CAN BE DONE TO HELP
BACK YOU UP? IN TERMS OF
STANDING UP THE WORKERS AND
MAKING SURE THAT THERE'S PROPER
ENFORCEMENT EVEN AT THE LOCAL
LEVEL, THAT THE LOCAL AT THE
LOCAL THEY CARE ENOUGH TO HAVE
THE WORKERS' BACKS. WOW, THAT'S
THAT'S UM, A REALLY GREAT
QUESTION. UM, I THINK BETTER, UM
UM BETTER. INTERAGENCY
ENGAGEMENT AND DISCUSSION
COORDINATION, COLLABORATION
COMMUNICATION WITH LOCAL
AGENCIES. UM. UM ONE
RECOMMENDATION FROM CBOS IS THAT
, UH, CAL OSHA HIRING SHOULD BE
DONE IN PARTNERSHIP. WITH WITH,
UM WORKER OR EGGS AND LABOR
BECAUSE WE REALLY NEED PEOPLE
WHO DEEPLY UNDERSTAND THE ISSUES
FACING WORKERS AND THE DYNAMICS
THEY FACE AT WORK WITH
RETALIATION, BEING A REAL
BARRIER TO REPORTING AND, UM AND
SPEAKING TO INSPECTORS. BUT I
MEAN, I REALLY WANT TO THANK
YOU. THANK YOU AND THE OTHER
LABOR CENTERS, UM AROUND THE
STATE. UM INCREDIBLE RESOURCE
HELPS INFORM ME SO MANY OTHER
LEGISLATORS AND THEN AND HELPING
TO EMPOWER WORKERS. I DEFINITELY
WAS WAS ENGAGED AND VERY MUCH
RECALL THE SITUATION WITH A LOT
OF THE PUNJABI WORKERS THAT
WE'RE DEALING IN SOME OF THE
FOOD PROCESSING CENTERS AND SOME
OF THE HORROR STORIES THAT WE
HEARD THERE SO VERY GRATEFUL
AGAIN AS WE DISCUSSED WITH OUR
LABOR COMMISSIONER. I THINK
SHE'S VERY MUCH WELL AWARE OF
SOME OF THE ISSUES IN TERMS OF
LANGUAGE ACCESS THAT GOING
BEYOND ENGLISH AND SPANISH AND
MAKING SURE OUR INDIGENOUS
WORKERS PUNJABI WORKERS.
FILIPINO WORKERS ALSO HAVE THAT
SAME OF KNOWLEDGE OF WHAT THEIR
RIGHTS ARE. IT'S SO CRITICALLY
IMPORTANT, SO VERY GRATEFUL. TO
THE UC MERCED COMMUNITY ON LABOR
CENTER FOR BEING PART OF THE
SOLUTION AND WORKING WITH THE
PARTNER AGENCIES AND NON PROFITS
TO HELP INFORM OUR WORKERS AND
THAT'S A KIND OF ONE. DEFINITELY
ONE OF THE COMMON THREADS THAT
WORKERS NEED TO KNOW WHAT THEIR
RIGHTS ARE. IT'S DEFINITELY
SOMETHING THAT I KNOW THAT WE AS
AS CERTAINLY AS THE LABOR
COMMITTEE TRIED TO EMPHASIZE,
BUT, UM, I THINK SOMETIMES YOU
KNOW, WE NEED STRONGER LAWS IN
TERMS OF WHAT THE
RESPONSIBILITIES ARE FOR
EMPLOYERS. TO INFORM THEIR
WORKERS AS MUCH AS THERE'S
ALREADY ON THE BOOKS. I THINK
THAT THERE ARE CERTAIN
SITUATIONS OR CERTAIN ASPECTS OF
THE WORKFORCE, INCLUDING
AGRICULTURAL WORKERS, BUT
THERE'S STILL A LOT OF BARRIERS
THERE. I WANT TO MAKE SURE THAT
WE'RE GETTING THE RIGHT
INFORMATION. UM QUICKLY TO
WORKERS AS WELL. SO THANK YOU SO
MUCH FOR YOUR FEEDBACK. UM AND
THEN WE HAVE MR MATT DE COROLLAS
, WHO'S A STAFF ATTORNEY WITH
BED BED STATIC. YES GOOD
AFTERNOON. THANK YOU, MR CHAIR.
I'M MATTY CARLOS. I'M A STAFF
ATTORNEY AT THAT SET OF LEGAL
SERVICES. I'VE BEEN IN THIS
FIELD FOR 17 YEARS. THAT'S
ETIQUETTE IS A NONPROFIT LEGAL
AID ORGANIZATION, PROVIDING FREE
LEGAL SERVICES TO LOW INCOME
RESIDENTS OF LOS ANGELES COUNTY
, REGARDLESS OF THEIR RACE,
RELIGION OR IMMIGRATION STATUS.
IN OUR EMPLOYMENT RIGHTS PROJECT
. WE ADVOCATE FOR VULNERABLE,
VULNERABLE WORKERS IN MANY
FORUMS, INCLUDING THE VARIOUS
DIVISIONS OF THE LABOR
COMMISSIONER. WE PARTNERED
CLOSELY WITH LOS ANGELES IS
AMAZING WORKER CENTERS AND
COMMUNITY ORGANIZATIONS TO
SUPPORT WORKERS AND A VARIETY OF
INDUSTRIES. OUR TEAM AT THAT
SEPTIC HAS REPEATEDLY SEEN
CLIENTS EXPERIENCE THE
CONDITIONS AND CHALLENGES AND
VIOLATIONS THAT ARE AMAZING
WORKER PANELISTS HAVE SHARED
WITH US TODAY. UM AS YOU WERE
SAYING, MISS VEGA, IT REALLY IS.
AH A CONSISTENT THEME,
PARTICULARLY FOR LOW WAGE AND
IMMIGRANT WORKERS THROUGHOUT OUR
STATE, AND THESE ARE CHALLENGES
AND PROBLEMS THAT THEY FACE IN
THEIR DAILY LIVES THAT AFFECT
THEM IN MANY OTHER WAYS BEYOND
THE WORKPLACE, PUBLIC HEALTH,
HOUSING, STABILITY AND THOSE
SORTS OF THINGS, SO IT AFFECTS
ALL OF US AS A SOCIETY AND AS
TAXPAYERS TO EMPLOYERS. THROUGH
OUR VIOLATING THE LAWS ARE ALSO
DEPRIVING US OF THE TAX REVENUE
NEEDED TO SUPPORT OUR SOCIETY. I
RESPECTFULLY SUBMIT VARIOUS
SUGGESTED SOLUTIONS TO THE
MYRIAD CHALLENGES THAT WE'VE
HEARD ABOUT ENFORCEMENT, ECHOING
SOME OF THE THEMES WE'VE HEARD
FROM OTHER PANELISTS TODAY, OF
COURSE, IN THE WORLD'S FIFTH
LARGEST ECONOMY, THERE'S NOT
GONNA BE ANY ONE SINGLE BULLET,
BUT I THINK, UH, COLLECTIVELY,
THESE CAN BRING ABOUT, UM AND
ENHANCEMENT TO OUR ENFORCEMENT.
UH THEY ARE FIRST EXPANDING
ENFORCEMENT PERSONNEL SECOND,
COMBATING RETALIATION. THIRD
PROVIDING WAGE REPLACEMENT TO
CREATE A SAFETY NET FOR ALL.
FOURTH AUGMENTING PENALTIES FOR
WAGE THEFT AND HEALTH AND SAFETY
VIOLATIONS AND FIFTH IN THE
WORST INSTANCES ENHANCING
CRIMINAL ENFORCEMENT, WHICH HAS
BEEN A THEME TODAY. FIRST
REGARDING THESE STAFFING. UH THE
LEGISLATURE HAS DONE A LOT TO
AUTHORIZED MORE POSITIONS WITHIN
THE ENFORCEMENT AGENCIES. WE
MADE A LOT OF STRIDES IN THE
LAST 5 TO 10 YEARS, BUT
UNFORTUNATELY IT'S STILL
INADEQUATE TO MONITOR THE
WORKFORCE OF OVER 16 MILLION
PEOPLE IN CALIFORNIA. CREATIVE
AND STRATEGIC LEADERSHIP LIKE
LABOR COMMISSIONER SUE AND OUR
CURRENT LABOR COMMISSIONER
GARCIA BROWER. THEY CAN'T
COMPENSATE FOR THOSE SHEER
NUMBERS WHEN THE LSC HAS FEWER
THAN 900 TOTAL AUTHORIZED
POSITIONS, AND AS WE'VE HEARD,
THERE'S A BIG PROBLEM WITH
FILLING THOSE POSITIONS EVEN
WHEN THEY ARE AUTHORIZED. AND
SPECIFICALLY, I WANT TO FOCUS ON
THE LESSEES JUDGMENT ENFORCEMENT
UNIT FOR RECEIVING ADDITIONAL
STAFFING. AH WE'VE ADDED SEVERAL
JUDGMENT ENFORCEMENT LAWS IN THE
LAST SEVERAL YEARS. NEW TOOLS,
INCLUDING LEANS AND STOP ORDERS
THAT THE LABOR KUSHNER HAS. IT'S
TIME TO PROVIDE J. YOU MORE
PEOPLE POWER TO UTILIZE THESE
NEW TOOLS. THE PROSPECT OF
SUCCESSFUL COLLECTION WOULD
CAUSE MORE EMPLOYERS TO FOLLOW
THE LAW AND THE FIRST PLACE AND
ENCOURAGE MORE HARMED WORKERS TO
FILE CLAIMS OR JOIN
INVESTIGATIONS BECAUSE THEY
WOULD SEE IT AS MORE WORTHWHILE
TO DO SO. AS YOU AND OTHERS HAVE
SAID, WHEN PEOPLE FEEL
DISEMPOWERED OR THINK IT'S GOING
TO TAKE TOO LONG. THEY'RE
DISINCLINED TO EVEN STEP FORWARD
IN THE FIRST PLACE. EMPLOYERS
WILL BE MORE LIKELY TO PAY A
CLAIM EARLIER ENGAGE IN
MEANINGFUL SETTLEMENT
DISCUSSIONS TO RESOLVE CASES
SOONER IF THEY KNEW THERE WOULD
BE TEETH TO D L SC DECISIONS AND
JUDGMENTS. AND AS YOU SAID, AND
OTHERS THAT WE NEED TO CONSIDER
CREATIVE SOLUTIONS. THIS IS
REALLY AN EMERGENCY TO STAFF
THESE POSITIONS. FOR BOTH CAL
OSHA AND D. L S C, AND THAT
INCLUDES ALSO ENSURING THAT THE
WAGES, PROMOTIONAL OPPORTUNITIES
THE CLASSIFICATIONS ARE
COMMENSURATE WITH OTHER AGENCIES
WITH INDIA IR AND IN SIMILAR
AGENCIES LIKE E D, D C U I. A B
AND C R D. FOR INVESTIGATOR
ROLES. THERE SHOULD BE PARITY
WITH LOCAL LAW ENFORCEMENT
SALARIES, HIGH HIRING RETENTION
BONUSES FOR CAL OSHA AND THE LSC
PERSONNEL WOULD BE MONEY WELL
SPENT AND REDUCING VACANCIES AND
ATTRITION AND ENSURING
CONTINUITY FOR ENFORCEMENT. ONCE
THE ENFORCEMENT STAFF IDENTIFY
THE BEST CANDIDATE, CAL HR
SHOULD TAKE OVER THE REMAINING
HIRING STEPS AND PAPERWORK SO
THAT THE ENFORCERS CAN FOCUS ON
ENFORCING THE STATE SHOULD ALSO
CONSIDERING CONSIDER DEPUTIZING
STAFF OF TRUSTED COMMUNITY
ORGANIZATIONS, THE SYSTEM
INVESTIGATING AND ENFORCING THE
LAW. LEGAL AID AND WORKER CENTER
STAFF AS WELL AS CLINICAL
STUDENTS WORKING UNDER PROFESSOR
SUPERVISION COULD SUPPORT THE
ENFORCEMENT AGENCIES WORK. I
WOULD ALSO BE REMISS IF I DIDN'T
MENTION THE IMPORTANCE OF PAGA,
WHOSE ENTIRE EXISTENCE FOR THE
PAST TWO DECADES RESTS ON THE
NOTION THAT ARE LIMITED PUBLIC
ENFORCEMENT RESOURCES
NECESSITATE IN INCENTIVIZING
WORKERS AND PRIVATE ATTORNEYS TO
COMPLEMENT THE ROLE. WE SHOULD
NOT BE IN RETREAT, EVEN AS OTHER
STATES LOOK TO COPY PARTAGAS
SUCCESS. A SECOND ENFORCEMENT
CHALLENGE COMES FROM
RETALIATION. AGAIN YOUR ELECTED
LEADERS HAVE RECOGNIZED THIS AND
STRENGTHEN LAWS INCREASED
STAFFING FOR THEIR RETALIATION
COMPLAINT INVESTIGATION UNIT
THEY'RE NECESSARY BUT NOT
SUFFICIENT STEPS. IMMIGRANT
WORKERS ESPECIALLY HAVE STRONG
REASON TO FEAR RETALIATION FOR
THE REASON THAT THAT WE'VE HEARD
THROUGHOUT THE DAY AND EVEN
CITIZENS ARE SCARED TO SPEAK UP
ABOUT UNLAWFUL CONDITIONS
BECAUSE THEY DO NOT WANT TO
CAUSE A STIR OR LOSE THEIR JOBS.
R C. I CAN NOW ISSUE SELF
ENFORCING CITATIONS INSTEAD OF
DETERMINATIONS THAT REQUIRE
EXPANSIVE STATE RESOURCES TO
ENFORCE TO SUPERIOR COURT. BUT
OUR C. I STILL USES THE LABOR
INTENSIVE DETERMINATIONS. FEAR
OF RETALIATION ALSO TIES INTO
ANOTHER POTENTIAL SOLUTION,
WHICH IS CREATING A SAFETY NET
FOR ALL. THE PANDEMIC LAID BARE
THE NEED FOR WAGE REPLACEMENT
FOR ALL CALIFORNIA WORKERS WHO
LOSE THEIR JOBS TO NO FAULT OF
THEIR OWN. REGARDLESS OF
IMMIGRATION STATUS, WORKERS ARE
MORE LIKELY TO ENDURE WAGE THEFT
, DISCRIMINATION AND UNSAFE
WORKING CONDITIONS WHEN THEY
HAVE NO WAGE REPLACEMENT TO FALL
BACK ON. SUCH A PROGRAM WILL BE
FISCALLY COSTLY. THERE'S NO
DOUBT BUT WE HAVE SEEN THAT THE
ALTERNATIVE IS ALSO COSTLY IN
MANY TANGIBLE AND INTANGIBLE
WAYS, INCLUDING WORKERS WHO PAID
WITH THEIR LIVES TO WORK DURING
THE PANDEMIC BECAUSE THEY DID
NOT QUALIFY FOR UI SO NO OTHER
CHOICE TO PUT FOOD ON THEIR
TABLE. WE CAN INCREASE THE
AMOUNT OF DAMAGES EMPLOYERS FACE
, PARTICULARLY THOSE WHO SEE IT
AS A COST OF DOING BUSINESS. AH
PARTICULARLY THESE INFLATIONARY
TIMES AND AGAIN, LASTLY, FOR THE
WORST EMPLOYERS, THE THREAT OF
CRIMINAL ENFORCEMENT IS THE ONLY
THING THAT WILL GET THEM TO
FOLLOW THE LAW AND TREAT THEIR
WORKERS PROPERLY. THANK YOU.
THANK YOU. YEAH AND WE RECOGNIZE
THE NEED TO PROTECT WORKERS THAT
ARE LEAVING SITUATIONS THAT
COULD BE ABUSIVE BUT HAPPY WE
HAVE OUR BILL THAT WAS HOPEFULLY
SIGNED INTO LAW REGARDING THE
ELIGIBILITY FOR COW WORKS AND
NOT JEOPARDIZING THAT IF SOMEONE
IS LEAVING, UM, A, UH. BAD
SITUATION IN AN ABUSIVE
SITUATION OF THEIR WORK, BUT I
LIKE THE KIND OF THE PARALLEL OF
YOU MAKE THE LAW ENFORCEMENT
BECAUSE I THINK THIS IS ONE OF
THE CHALLENGES THAT WE FACE IS
THAT THERE THE LOCAL NEWS AND
NATIONAL NEWS ANY TIME THERE'S A
SHOP THAT DOING THAT IS THAT
IT'S LIKE IT'S ALL OVER THE
NEWS. AND, UM BUT THE REALITY IS
THAT WAGE THEFT DRAMATICALLY
ECLIPSES ALL THEFTS AND STORES,
INCLUDING EMPLOYEE THEFT, AND
YET DOESN'T GET THE SAME. NEARLY
THE SAME ATTENTION ISN'T SEEN IN
THE SAME LIGHT. WHEN SOMEONE'S
WAGES ARE LITERALLY BEING STOLEN
. AND SO, UM, I DO THINK THAT WE
NEED TO KIND OF CONTINUE TO TELL
THE STORY OF WHAT'S REALLY
HAPPENING. AND AGAIN. IT
DISADVANTAGES THE GOOD EMPLOYERS
THAT ARE DOING EVERYTHING RIGHT
AND PAYING. YOU KNOW THEIR TAXES
. THEY'RE THEY'RE PAYING FOR
HEALTHCARE. THEY'RE DOING ALL
THE THINGS THEY SHOULD BE DOING.
AND YEAH, THEY CAN LOOK AT THEM
BUSINESS DOWN THE STREET. UM
THAT'S VIOLATING ALL THESE RULES
. AND THEN AT SOME POINT,
THEY'RE GOING TO GO. WELL, WAIT
A SECOND. I IT'S JUST NOT. IT
ISN'T FAIR. IT'S INEQUITABLE AND
EVENTUALLY WILL LEAD TO MORE AND
MORE BUSINESSES, UM,
INTENTIONALLY NOT BEING IN
COMPLIANCE BECAUSE THEY DON'T
SEE REPERCUSSIONS OCCURRING. ONE
OF THE THINGS ON HIRING BECAUSE
THAT'S BEEN A CONSTANT ISSUE
THAT'S BEEN BROUGHT UP. IN TERMS
OF THE HIRING OF MORE INSPECTORS
MORE ENFORCEMENT. WHAT IF
ANYTHING, DO YOU THINK COULD BE
DONE TO INCENTIVIZE? YOU KNOW
YOUNG PROFESSIONALS OR COLLEGE
GRADUATES TO WANT TO DO THIS
WORK? I DON'T THINK A LOT OF
FOLKS KNOW THIS WORK EXISTS. AND
SO IF THAT COULD WHAT, IF
ANYTHING, CAN COMMUNITY
ORGANIZATIONS THAT YOU'RE IN LOS
ANGELES? YOU HAVE THE
OPPORTUNITY TO REACH OUT TO
FOLKS. WHAT DO YOU THINK COULD
BE DONE? AND IF THE STATE CAN BE
HELPFUL IN ANY WAY TO DO THAT,
THAT'S A VERY GOOD POINT. AND WE
KNOW THAT THERE'S A LOT OF YOUNG
PEOPLE WHO DO WANT TO DO MISSION
DRIVEN WORK. RIGHT, AND THAT'S
WHAT THIS IS. AH! MAKING SURE
THAT WORKERS GET A FAIR WAGE FOR
A FAIR DAY'S WORK AND ARE ABLE
TO COME HOME SAFELY TO THEIR
FAMILIES EVERY DAY. I THINK IT'S
A MIX OF STRATEGIES THAT THE
LABOR COMMISSIONER HAS ALREADY
STARTED UTILIZING IN TERMS OF
SOCIAL MEDIA I THINK, TO THE
EXTENT THAT LABOR COMMISSIONER
STAFF ARE EMPOWERED TO, UH,
SPEAK AT CAREER FAIRS, BE GUEST
SPEAKERS AT COMMUNITY COLLEGES
AND UNIVERSITIES CLASSES THAT
FOCUS ON PUBLIC SERVICE AND
COMMUNITY ENGAGEMENT. UH. TO THE
EXTENT THAT THE THAT THAT WE CAN
BRING IN PEOPLE FROM WORKER
CENTERS AND OTHER COMMUNITY
ORGANIZATIONS SO THAT THE BETTER
RELATIONSHIPS AS COMMISSIONER
GARCIA BROWER TALKED ABOUT SO
MUCH ON THE ENFORCEMENT SIDE AND
STRATEGIC EFFORTS BUT ALSO
SHOWING THOSE PEOPLE THAT THERE
THERE THERE'S A WAY IN PUBLIC
SERVICE THROUGH STATE SERVICE TO
FURTHER THIS MISSION AS WELL.
BUT THANK YOU SO MUCH. UH YEAH,
FOR YOUR EXPERTISE TO ALL OF OUR
THREE PANELISTS, UH, REALLY
APPRECIATE IT. IN THE INTEREST
OF TIME WE'LL WE'LL MOVE TO
PUBLIC COMMENT BEFORE I MADE
CLOSING REMARKS, BUT UM, VERY
GRATEFUL FOR SOME OF THE
SOLUTION ORIENTED COMMENTS FROM
OUR FINAL PANEL. UM AND SO WE'RE
GONNA START WITH FOLKS IN THE
ROOM. UM AND WILL BE YOU CAN
GIVE COMMENT FOR UP TO ONE
MINUTE AND ON YOUR REFLECTIONS
ON THE HEARING TODAY OR ANY
OTHER THOUGHTS AND, UM, IS THE
MICROPHONE. YES THE MICROPHONES
ON SO I JUST WANTED TO TIME. UM
AND YOU JUST INTRODUCE YOURSELF
AND GO AHEAD AND SHARE YOUR
COMMENTS. THANK YOU. THANK YOU,
CHAIRMAN. I'M CHERYL MCEWAN.
HARPER FOUNDER OF CALIFORNIA
STANDS UNITED WOULD LIKE TO
THANK OUR FIRST RESPONDERS AND
OUR NURSES. ONE CLEAR PROBLEM IS
THE COVID REQUIREMENTS THAT WERE
PUT IN PLACE OR WITH THE BEST OF
INTENT, BUT HAD NO CHECK AND
BALANCE AND WE'RE COMPLETELY
INEFFECTIVE IN THEIR PURPOSE. AS
WE MOVE FORWARD, CALIFORNIA
STAND UNITED WISHES TO BRING
ATTENTION SPECIFICALLY TO THE
COOKIE CUTTER REQUIREMENTS FROM
ASKING AND HEALTHCARE
FACILITIES. WE'RE NOT ALL THE
SAME. OH IT JUMPED. I APOLOGIZE.
WE ARE NOT ALL THE SAME. I HAVE
A MEDICAL CONDITION, ONE OF
WHICH ONE ALLOW MASKING WHILE I
WAS TALKING TO A SUTTER EMPLOYEE
RESPONDING TO MY COMPLAINT OF
THE WAY I WAS TREATED BY A NURSE
WHILE TRYING TO BE SEEN BY A
DOCTOR. I LEARNED A LOT OF
THINGS THAT I THINK YOU SHOULD
CONSIDER. THE LATER RESPONDING
TO MY COMPLAINT. MELISSA HAS
PTSD AND HIS TRAUMATIZED
EVERYDAY MASKING KEEPING HER JOB
. SHE LOST A FAMILY MEMBER TO
COVID, WHO COULD NOT WEAR A MASK
AND DIED ALONE AT HOME BECAUSE
SHE COULDN'T GET TREATED WITHOUT
A MASK. CIDER HAS TO HEAD HAD TO
IMPLEMENT A SYSTEM TO GET US IN
FOR TREATMENT, EVEN THOUGH WE
CAN'T MASK THANK GOODNESS, BUT
THEY SHOULDN'T HAVE TO. AND I
WOULD NOT HAVE KNOWN ABOUT THIS
HAD I NOT CALLED TO COMPLAIN HOW
MANY PEOPLE ARE STILL NOT
GETTING TREATMENT BECAUSE THEY
DON'T KNOW THEY CAN GET A NOTE
FROM THEIR DOCTOR IF THEY HAVE A
MEDICAL CONDITION THAT DOESN'T
ALLOW THEM TO MASK HOW
FRIGHTENING IT ALONE WE FEEL. ON
THE OTHER HAND, THE NURSE MARIA
LOST A FAMILY MEMBER TO COVID
AND IS MORE COMFORTABLE WITH HER
MASK AND FEARS ANYONE NOT
WEARING ONE THE CENTER POLICIES
REQUIRE HER TO TAP OUT AND ALLOW
SOMEONE ELSE TO HELP ME WITHOUT
MY MASK. SHE DID NOT AND
STRESSED US BOTH OUT ANOTHER
LADY ON THE PHONE, HELPING ME
SET AN APPOINTMENT WANTS TO GO
BACK TO SEE PATIENTS, BUT SHE
DOESN'T WANT TO MASK ITS BEEN A
HORROR SHOW. FOR ALL OF US. WE
NEED YOU TO UNDERSTAND THIS AND
SET POLICIES THAT RECOGNIZE THAT
WE ARE NOT ALL THE SAME. IT IS
RIDICULOUS TO FOLLOW CDC SO
RIGOROUSLY IN THE PAST AND
IGNORE THEIR CURRENT
RECOMMENDATIONS. MEET MARIA
SHOULD BE ALLOWED TO WEAR HER
MASK AND THE REST OF US SHOULD
BE ALLOWED TO FOLLOW THE CDC.
OSHA IS TEARING OUR MEDICAL
SYSTEM APART. CALIFORNIA STANDS
UNITED AND FINDING BALANCE. WE
ARE NOT NUMBERS OR STATISTICS
WHERE PEOPLE THANK YOU FOR YOUR
TIME AND ALLOWING ME TO BRING
THIS TO YOUR ATTENTION. THANK
YOU VERY MUCH. HAVE A GOOD DAY.
THANK YOU. GOOD AFTERNOON, MR
CHAIR AND MEMBERS. MY NAME IS
ABIGAIL ALVAREZ, SPEAKING WITH
THE PESTICIDE ACTION NETWORK. I
WANTED TO BRIEFLY MENTIONED THE
FARM WORKER COMPONENT AND
SPECIFICALLY THE LACK OF
ENFORCEMENT, HEALTH, SAFETY AND
WAGE STANDARDS AMONG OUR
AGRICULTURAL WORKERS, UH, IN OUR
EXPERIENCE, AND AS I'M SURE
YOU'LL HEAR FROM SOME OF MY
COLLEAGUES, CAL OSHA HAS NOT
BEEN SUFFICIENT AND PROTECTING.
UH FARM WORKERS IN CALIFORNIA
WORKERS ARE CITING NEGATIVE
EXPERIENCES WITH DISTRICT CAL
OSHA STAFF MEMBERS AND ARE
DETERRED FROM VIOLENT CLAIMS
BECAUSE OF THE CUMBERSOME AND
LONG PROCESS. AS YOU KNOW, FARM
WORKERS ARE FACING UNSAFE AND
HAZARDOUS CONDITIONS RIGHT NOW,
AND SO WE'RE ASKING FOR URGENCY
AND ADDRESSING THE SPECIFIC
ISSUE WE GREATLY APPRECIATE YOU
HOLDING THIS VERY IMPORTANT
HEARING, UM, AND ARE HOPING AND
RECOMMENDING THAT IN THE NEXT
LEGISLATIVE SESSION, PERHAPS
THIS COMMITTEE COULD HOLD A
SIMILAR HEARING, SPECIFICALLY
FOCUSING FOCUSING ON FARMWORKER
ISSUES. THANK YOU. THANK YOU.
GOOD AFTERNOON CHAIR K¾T DAVEY
WITH THE CALIFORNIA RESTAURANT
ASSOCIATION. I WANTED TO OFFER A
COUPLE OF THOUGHTS ON THE COVID
PERIOD FOR RESTAURANTS. COVID
WAS A VERY DIFFICULT TIME FOR
EVERYONE. RESTAURANTS INCLUDED.
WE WERE GOVERNED BY LAYERS OF
OPERATING REQUIREMENTS, STARTING
AT THE CD PH LEVEL WEEKLY
ANNOUNCEMENTS FROM THE GOVERNOR
AND THE ADMINISTRATION, WHICH
CHANGED OUR HOURS OF OPERATION
ARE OPERATING STANDARDS ARE
OPERATING PROTOCOL. ON TOP OF
THAT WE HAD 63 JURISDICTIONS
ACROSS THE STATE IN TERMS OF
LOCAL GOVERNMENT WITH EACH OF
THEIR OWN OPERATING GUIDELINES.
AND THEN CAL OSHA CAME IN WITH
THE COVID 19 STANDARD. UM SOME
THOUGHTS THAT WE WOULD OFFER ON
THAT IS WE LEARNED THAT WE NEED
INCREASED COMMUNICATION BETWEEN
PALOOKA CD PH, AS WELL AS CD PH
. CAL, OSHA AND LOCAL HEALTH
DEPARTMENTS BECAUSE THEY'RE
OFTEN TIMES WAS OPERATIONAL
DIFFICULTIES BETWEEN ALL THREE
DIFFERENT LEVELS. RESTAURANTS
ULTIMATELY WANTED TO DO THEIR
BEST FOR THEIR EMPLOYEES, AS
WELL AS THEIR CUSTOMERS PROVIDE
A SAFE ENVIRONMENT. BUT AS YOU
CAN TELL, IT WAS VERY DIFFICULT.
I THINK FOR EVERYONE, AND THAT
BEING SAID, WE ARE GENERALLY
SUPPORTIVE OF INCREASED FUNDING
FOR CAL OSHA, THE LABOR
COMMISSIONER IN D I R. WE KNOW
THAT THERE IS A REAL ISSUE IN
TERMS OF STAFFING AND THOSE
AGENCIES AND WE WOULD LIKE TO
SEE THEM FULLY STAFFED. THANK
YOU SO MUCH. GOOD AFTERNOON.
COMMUNITY CHAIR. CHOLERA MY NAME
IS DANIEL. CHERYL I'M A
LEGISLATIVE ADVOCATE WITH S E I
U LOCAL 1000 WANTED TO THANK YOU
TODAY FOR THE ATTENTION ON THESE
ISSUES AND JUST POINT OUT THE
RELEVANCE THAT THE THREE CAL
OSHA STANDARDS HAVE ON OUR STATE
WORKFORCE. WHETHER AND OUR
MEMBERS IN STATE HOSPITALS OR IN
CDCR, WORKING IN KITCHEN AND
LAUNDRY FACILITIES WITH EXTREME
HEAT INDOORS, OR CALTRANS
WORKERS IN HIGH HAZARD TRANSIT
AREAS AND AGAIN ON THE ISSUE OF
RECRUITMENT AND RETENTION,
WANTED TO UPLIFT OUR MEMBERS WHO
WORK AT THE I R AND CAL OSHA
THAT ARE EXTREMELY DEDICATED
PROFESSIONALS. AND JUST
EMPHASIZE THAT OUR MEMBERS
ACROSS THE ENTIRE LOCAL HAVE
BEEN WORKING, UM SINCE JUNE, 9TH
WITH THE STATE TO TRY TO REACH
AN AGREEMENT ON ESSENTIAL WORKER
PREMIUM PAY SOMETHING THAT WE
WOULD, UM NOTE AS PARTICULARLY
IMPORTANT, GIVEN THE ISSUES IN
RECRUITMENT WITH CAL, OSHA AND
RETENTION, AND LASTLY, UM, JUST
ASK YOU TO CONSIDER SCHEDULING
IN THE UPCOMING SESSION. A
SIMILAR HEARING FOCUSED ON THE
PUBLIC SECTOR. THANK YOU VERY
MUCH. THANK YOU. GOOD AFTERNOON,
MR CHAIR ASHLEY HOFFMAN ON
BEHALF OF THE CALIFORNIA CHAMBER
OF COMMERCE. I WANT TO THANK YOU
FOR THE OPPORTUNITY TO COMMENT
ON BEHALF OF THE EMPLOYER
COMMUNITY, ALTHOUGH WE WOULD ASK
IN ANY FUTURE HEARINGS RELATED
TO REPLACE MATTERS THAT
EMPLOYERS BE PERMITTED TO
TESTIFY AS WELL AS CRITICAL
STAKEHOLDERS ON THIS ISSUE ARE
WE SHARE A LOT OF THE CONCERNS
RAISED TODAY ABOUT INTENTIONAL
TAKING OR NOT PAYING OF WAGES,
WHICH IS COMPLETELY UNACCEPTABLE
AND HARMFUL TO WORKERS AND
EMPLOYERS. WE HAVE A LOT OF THE
QUESTIONS RAISED BY YOU, MR
CHAIR ABOUT WHAT CAN BE DONE TO
HELP FILL VACANCIES AT THE STATE
AGENCIES AND TO THE STATE
AGENCIES. WE'D BE VERY
INTERESTED IN PARTNERING. IF
THERE'S ANYTHING THAT CAN BE
DONE, YOU KNOW, LEGISLATIVELY.
WHAT HAVE YOU TO FILL THOSE
VACANCIES ALSO REGARDING
INFORMING WORKERS AND EMPLOYERS
OF THE RIGHTS AND OBLIGATIONS
UNDER THE LAW? AND FINALLY, I
JUST WANT TO EMPHASIZE THAT WE
ARE VERY CONCERNED ABOUT OR
HAVING A ROBUST STATE
ENFORCEMENT BECAUSE OF A LOT OF
THE ABUSE WE HAVE SEEN THROUGH
PRIVATE ENFORCEMENT, ESPECIALLY
THROUGH PAGAN, WHICH I KNOW IS
TALKED ABOUT A LOT TODAY, BUT
THE DATA WE'VE ACTUALLY LOOKED
AT BEARS OUT THAT WORKERS OFTEN
FARE WORSE UNDER A POSSIBLE
LAWSUIT THAN THEY DO WHEN
THEY'RE ACCLAIM IS ADJUDICATED
BY THE STATE AGENCIES. AND WE
THINK THAT DATA IS ESPECIALLY
IMPORTANT TO LOOK AT AND
SOMETHING TO CONSIDER. THANK
YOU. THANK YOU. SO UM, MY NAME
IS GABRIELLA FASHION WITH THE
CENTRAL CALIFORNIA ENVIRONMENTAL
JUSTICE NETWORK. MY COLLEAGUE
AND I ARE GOING TO DO OUR BEST
TO TRANSLATE. UNFORTUNATELY I
KNOW YOU GUYS WEREN'T ABLE TO
PROVIDE AN INTERPRETER WERE NOT
OFFICIAL INTERPRETERS. BUT WE DO
WORK AS ADVOCATES. WE'RE GONNA
TRANSLATE FOR A GROUP OF SIX
DIFFERENT FARMWORKERS. ONE OF
YOU WANTS IF THOSE TRENDS IF YOU
WANT TO SIT HERE AND TRANSLATE
FROM HERE, SO YOU DON'T HAVE TO
SHARE THE SAME MICROPHONE. I'M
FINE WITH THAT. SO THE PUBLIC
SPEAKER CAN BE AT THAT
MICROPHONE UP THERE. AND SOMEONE
TRANSLATING IT MIGHT MAKE IT
MORE EFFICIENT. AND I'M OKAY
WITH THAT. WHAT YOU'RE GONNA NO,
NO. YOU CAN HAVE THE HAVE THE
TRANSLATOR HERE AND HAVE THE
SPEAKER AT THE MICROPHONE UP
THERE. GET IT. AND SO SINCE IT
OKAY. HOW DO YOU WANT TO DO IT?
YEAH SO, YEAH, I HAVE UP TO A
MINUTE AND WE'LL TAKE INTO
ACCOUNT THE TRANSLATION AS WELL
SO SHE CAN SPEAK FOR UP TO A
MINUTE. TWO MINUTES. TWO MINUTES
TOTAL. SO ONE MINUTE AND THEN
ONE MINUTE. TRANSLATE. YEAH.
HOLA MI NOMBRE IS AMELIA GUZMAN
. IS THERE SO THERE? IS THERE?
SOME MARCOS DE GARSON OAXACA?
PEOPLE IN MADERA, CALIFORNIA.
YES DAVID, THE PARENTS WILL
TRABAJO CUATRO ANOS TRABAJANDO
ANNUAL FIELD A AND YOU'RE LIKE,
OH, IS THE RESTORE ASIA AND
TRABAJO. UK IS THE SCREAMING
ATTENTION. I CAN USE THE SOCIO
VLADO TANTO AGUA TAMBIEN IS THE
CANNOT YELLOW M A REPORTER KAHLO
SHAPERO, RITA. NO NO SANITY,
CASA. OH, THANK OVENTIC CUATRO
ANOS TRABAJANDO THE DIFFERENTIAL
LAGARES E. I KNOW GOD IS CASEY
IS THE MEANING IS THE A REGULAR
ON THE MUSKY TRABAJADORES NORTH
ASIA REPORTED CENTRALLY THAT.
THE MOST ECONOMICAL OSHA IS THE
REVENUE CHAMPION. THE RALLY THAT
NO LAW AND H COMMA TRABAJADORES
DEL CAMPO WAS THE NAME OF THE
RACHEL. THEY CANNOT STAY APPOINT
OKEANOS PASA TOBACCO. KHN
ARABI'S ARE TRABAJO BAHAMAS.
PARACAS VIVIAN SANTO. THE BASIS
OF LLAMAS. PERO NEITHER E S S
MOTIVE MASAKI. UK IS THE QUANTA
IS OVERDUE. ADORA IS THE MODEL
OF A CANCER AND THEY SAID BACHO
E COMMERCE MISTRESS HACIENDA
TRABAJANDO DURING A PANDEMIC.
YEAH ALEJO'S BANIAS, QUANTUM PSL
CHERRY. MADURA MISS MANNERS THE
MOST TRABAJAR OLYMPIA ALBANO.
OH, YEAH, YOU KNOW, AS THE
TERMINAL TOBACCO PAYPAL, NADA S
THOMAS SANTA LAB, OSAKI KIND OF
SCOOCH IN FAVOR. OF
TRABAJADORES. GRACIAS. I AM AN
IMPROVISER WRITTEN TESTIMONY IN
ENGLISH. UM HI. MY NAME IS
AMELIA GUZMAN. ORIGINALLY FROM
SAN MARCOS. DIGGERS OAN, UH,
OAXACA. I LIVE IN MADEIRA AND
I'VE TRAVELED THREE HOURS TO BE
HERE AND SHARE MY EXPERIENCE AS
AN AGRICULTURAL WORK. I HAVE
WORKED IN GARLIC, ORANGE,
OLIVES, TOMATO AND MORE. THAT
IMPACT ARE ALL REALLY TOUGH
FIELDS TO WORK IN AND REQUIRE
MUCH ABILITY TO DO THE WORK. IN
2019. I WAS WORKING IN THE
GARLIC FIELD FIELD WHEN MY LEGS
GAVE OUT ON ME AND I COLLAPSED
TRYING TO EMPTY MY TUBS OF
GARLIC. AFTER THIS ACCIDENT, I
FOUND OUT I HAD CANCER. DESPITE
THIS. I HAD TO KEEP WORKING
BECAUSE I'M THE ONLY ONE THAT
PROVIDES FOR MY FAMILY. THIS IS
NOT THE FIRST TIME I HAVE SAID
THIS HERE. WE AS FARM WORKERS
WANT TO WORK PLACE AT A SAFE
THAT FOLLOWS THE HEALTH AND
SAFETY LAWS. AND WAGE SAUCE. I
HAVE LOST COUNT OF HOW MANY
TIMES WE HAVE ASKED FOR CLEAN
BATHROOMS, CLEAN AND SAFE
DRINKING WATER SHADE FOR ALL
WORKERS DURING THE HOT SEASON,
TIME AND TIME AND AGAIN, WE HAVE
REPORTED THESE PROBLEMS TO CAL,
OSHA AND TIME AND TIME AGAIN.
NOTHING HAPPENS AND WORKING
CONDITIONS ARE STILL THE SAME.
HOW MANY TIMES DO WE HAVE TO
REPORT THESE VIOLATIONS OF OUR
HEALTH? AND SAFETY FOR CAL OSHA
TO DO SOMETHING. THANK YOU.
THANK YOU. HI MY NAME IS ELISSA
HOMBRES. AND I'M A FORMER
GRAVITATE WITH C. C J. N I'M
ALSO A DAUGHTER OF FARMWORKERS
MYSELF AND I WILL BE TRANSLATING
FOR MR ROLANDO. WHEN I WHEN I
STARTED SENIORA'S NUMBER,
ORLANDO GUERRERO. CAMPO
ELEMENTAL OR. POTENTIAL CLOSURE
UNDER THE FABRIC, CARLA. HARD
LINE THE LINES BIG FILM. NO NO,
I INSPECTORS GARLAND ESPANOL
LINGUINE ECONOMIC SYSTEM,
INSPECTOR. GOOD AFTERNOON. MY
NAME IS ROLANDO. UH, I WILL BE
SPEAKING ON SOME, UM. THANKS MY
NAME IS ROLANDO MUSEUM, AND I
WILL BE SPEAKING ON A FEW. UH UM. EVOLUCIONA. EVOLUCIONA THE. OH
MAN DARLA'S INSPECTIONS, BUT I
GUARANTEE CAMPO. SIMPLY ADORES
PREVENT ROMANTIC CUANDO MIGHT
GET EMPANEL, OKAY, LAWS. WHO'S
THIS STANDARD? WHEN YOU LIMP
YOURS? MY I WAS WITH THIS
SENTENCE. GO SOMEWHERE. ELSE, EH
? TWO STATE OF MOMENTUM. MASLAKH
RICO. TODAY THERE'S A SELLER'S
CAUSE OF BEING THE STOLEN. SO MR
ROLANDO IS SAYING THAT, UM HE
BELIEVES THAT SOME SOLUTIONS
THAT COULD BE BETTER ENFORCED
FOR, UH, FOR FARM WORKERS ARE TO
INCREASE THE UM. INCREASE THE
FINES FOR EMPLOYERS BECAUSE IT'S
NOT ENOUGH. UM THEY DO GET A LOT
OF. THERE'S A LOT. THERE'S A LOT
OF CITATIONS, BUT THEY'RE NOT
BEING THERE'S NOT A LOT OF LAWS
THAT ARE BEING ENFORCED, AND
IT'S HURTING THEIR SAFETY. THANK
YOU. I WANT TO START THIS. I
MEAN, HOMBRES SARMENTO. THINK.
OH THE PRESIDENT APPLAUDED YOUR
MA AND TRICKY. THE BANCO
REPRESENT DANDO LOST CAMPO.
AFTERNOON MY NAME IS ARMANDO. IT
COMES FROM FRESNO. UM I SPEAKING
AND DID INDIGENOUS LANGUAGE
TRICKY AND I COME TO REPRESENT
FARM WORKERS. GHETTO OF LÀ. THE
LOSS OF POPULUS QUE QUE FRENTE
PRESENTER, THE LAST LATEST.
PERSONAS NO, SABAN, DON'T
PRESENTERS. QUANTA LAST PLACENTA
? NO PASA NADA OR NO? ARE YOU
SAYING. MESSAGES. EL TRABAJO
COMPANY? YES, ACABO. I WANT TO
PRESENT THE OBSTACLES THAT COME
, UM TO FARM WORKERS IN
REPORTING, SAFETY AND SAFETY AND
HEALTH COMPLAINTS. WHEN WE MAKE
THE REPORT, THERE'S NO FOLLOW
UP. UM EVEN AFTER MONTHS AFTER
THE COMPLAINT IS FILED, AND A
LOT OF OCCASIONS, UM. UH THE
WORK IN THAT SAME COMPANY HAS
ALREADY FINISHED. TAMBIÉN LAST
PERSONAS CANNOT ABDULLAH OR ST
IN THE SPANIARD AND INK LIST OR
NORTH SUBURB. INTERNET DEFICIT
PRESENTED TO US. ALSO THE PEOPLE
WHO DON'T SPEAK OR WRITE IN
ENGLISH, UM OR SPANISH, OR THEY
DON'T KNOW HOW TO USE THE
INTERNET. IT'S REALLY DIFFICULT
FOR THEM TO PRESENT THEIR
COMPLAINTS. LAST PERSONAS.
KERESEY VELASQUEZ HAS NO
SUBJECTS. UM SUPPORT AND
BRACEROS THAT LETS EXPLICAR
SANTO. AND WHEN THE REPORTS ARE
TAKEN, THE PEOPLE WHO TAKE THE
REPORTS DO NOT KNOW HOW TO SPEAK
TO US. THEY ARE VERY RUDE, AND
THEY DO NOT HAVE PATIENTS WHEN
THE COMMUNITY IS TRYING TO
EXPLAIN TO THEM WHAT IS
HAPPENING. ANTON SAYS OUR CADRES
LUCKY NECESITAMOS HONORABLE
SYSTEM REPORTER SYSTEM ACTUALLY
IN IN INSUFFICIENT LINGUISTIC
GARMENT. SO WHAT WE'RE ASKING IS
FOR NEW SYSTEM TO REPORT THESE
COMPLAINTS. THE ACTUAL SYSTEM
THAT EXISTS IS INEFFICIENT AND
IS NOT, UH, LANGUAGE ACCESSIBLE.
TAMBIÉN SYSTEM ALSO ESTÁ SPORT
ADORES TRABAJADORES AND POTATO
LOST TRAVELERS AND PERDIDO
CONFIDENCE A AND PROCESS OF THE
SUMMIT ER, THE NON CIA'S YES, 90
GENEROUS. CUESTA'S IN NOBEL,
LAST THAT SOLUTION PROBLEMA. WE
ALSO NEED, UH. RAPID RESPONSES
TO OUR COMPLAINTS THAT WE SUBMIT
UH, A LOT OF THE WORKERS HAVE
LOST TRUST IN THE PROCESS TO
SUBMIT COMPLAINTS, UM, BECAUSE
THEY DON'T EVER RECEIVE A
RESPONSE AND THEY DON'T EVER SEE
SOLUTIONS TO THOSE COMPLAINTS.
GRACIAS GRACIAS. POR POCO, THE
MUCOSA CHOKOLOSKEE, FRONTAL
AUSTRALIA DOORS THANK YOU. AND
THANK YOU FOR THE OPPORTUNITY TO
SPEAK ON THE MANY OBSTACLES THAT
WE FACE IN MAKING COMPLAINTS.
THANK YOU. HI GREEN ASTANA. MY
NICE. MERINO CARRANZA CAME FROM
FRESNO. I TRAVELED IT. THREE
HOURS WERE BEING HERE. THANK YOU
FOR GIVING ME THE OPPORTUNITY,
WHICH ARE MY HISTORY. I WAS
WORKING AND PICKING PICTURES IN
THE FIELD FOR 35 YEARS AGO IN
FRESNO, CALIFORNIA, BUT LAST
YEAR AND NAGAS THAT TEMPERATURE
WAS 112 DEGREES. AND I FEEL
VERY, VERY DIZZY AND WERE
STOPPED ONE HOUR. BUT, UH, THE
LAST THE LAST WEEK WHEN WE SEE
THAT CHECK BUT SUPERVISOR, NO
PAYMENT. OUR FOR WILL STOP AND I
TALKED TO THE SUPERVISOR AND I
THOUGHT TO HAVE FOR MEN IN AND
HE SAID. I CAN PAY THAT BECAUSE
YOU ARE A STOP. AND I THOUGHT TO
THE SUPERVISOR AND I GO TO 11
COMMISSIONED BY SUPERVISING YOU
CAN GO TO A LEVEL COMMISSION
BECAUSE I PAY YOU IN CASH. NO
CHECK. YOU CAN GO TO A LEVEL
COMMISSION. AND IF YOU GO TO
LEVEL COMMISSION WITH STUFF
RIGHT NOW AND HERE, STOP IT
RIGHT NOW. AND I GOT TO LIVE IN
COMMISSION REPORT, BUT THE LABOR
COMMISSION DON'T CONTINUE. MY
REPORT WILL STOP. THANK YOU. I'M
SORRY TO HEAR THAT. THANK YOU.
WHEN I STARTED THEM IN ASANA.
THE OAXACA TECHO. AFTERNOON MY
NAME IS SUZANNA. I AM FROM
OAXACA AND I SPEAK ZAPOTEC Ó.
ACT. GIVING NUMEROUS STILL
AFGHANISTAN. ALMOST ALMOST ALL
FIELD. WE CAME HERE TODAY SO YOU
CAN HEAR OUR TESTIMONIES ON HOW
WE ARE BEING TREATED WORKING IN
THE FIELD. YES THE LOOK FEEL YO
TRABAJO IN LOVE FRASER AND
BLUEBERRY IN LAVA MASS TRABAJO E
DIACO, SO ALSO THE MAJORDOMO. I
WORK IN THE BLUEBERRIES,
STRAWBERRIES. AND THE GRAPES AND
STORIES AND WHERE I WORK. THERE
IS A LOT OF, UH, HARASSMENT FROM
THE SUPERVISOR. E. PASO UNA COSA
, YOU KNOW ON THE ERA. I SAY AT
THE CIRCUS PASANDO CONMIGO. WE
WANT TO LOOK AT THE HEARING
OFFICER TINA CAME UP WITH AND
CERNAVODA YES. IS LOOKING OKAY?
I'LL WALK IN AS A YOUTH AND
MAJORDOMO. ONE DAY I WAS
HARASSED, AND I DIDN'T KNOW
WHERE TO GO. AND THAT'S WHY I'M
HERE BECAUSE I WANT THERE TO BE
SUPPORT. SO I KNOW WHERE TO GO
WHEN WE ARE BEING HARASSED. I
CANNOT RESPECT IN ORIGINAL
TRAVEL CO ASI, NOTRE BAHAMAS
BEING. BANDARA, ZINOS COSA
TOBACCO. HAMAS FORECAST THE SSL
MEADOW YOU KNOW THE NAME OF
DON'T THEY? THE YEAR. UH, WHERE
LAMAR. BECAUSE OF THIS
HARASSMENT. THERE'S A LOT OF
FEAR AND WE DON'T KNOW WHAT TO
DO OR WHERE TO GO TO MAKE A
COMPLAINT. HMM HE WILL KNOW MÀ
ON THE YOU KNOW, NO MERRILL'S
GONNA UDA. YES IT'S OKAY CAME
PERSONA TRUST THE BAHAMAS FIELD
TO ISO. ONE DAY I TRIED TO MAKE
A COMPLAINT AND I WENT SOMEWHERE
, BUT THERE WASN'T A LOT OF HELP
OFFERED. BUT THERE WHERE I WORK,
THERE'S A LOT OF WOMEN WORKING,
AND THEY ARE ALSO BEING, UH,
SEXUALLY HARASSED. GRACIAS
GRACIAS. THANK YOU. WHEN I
STARTED 20 ANTONIO IVE. REALLY
JOE CORREA PODRIAN DERON
COMMITTEE. CAMPAÑA THEIR
MACIEJEWSKI HAS. AND AMIA. HMM.
THOUSANDS OF CELLS FILL HANDLE
PROPERTY AREAS ON ALL OF THIS
THEOLOGY, KNOWLEDGE OF THE
ANALYST'S. THEY CAN DERAIL KOFI.
IF YES, WE MUST HAVE A HAND ON
WELCOME. OBAMA'S PERSONA
ORIENTAL. THEY HAD NOTHING ELSE
FEEL. HELLO MY NAME IS HORTENCIA
AND I COME FROM FRESNO. UM I
CAME HERE TO ASK YOU ALL IF WE
CAN HAVE A SPECIFIC HEARING FOR
FARM WORKERS BECAUSE WE HAVE A
LOT OF COMPLAINTS, UM FOR THE
COMPLAINT PROCESS WHEN I WAS
WORKING DURING THE PANDEMIC, NO
ONE PROVIDED MASS TO US, AND
THERE IS A LACK OF ENFORCEMENT.
UM, THERE WAS A LOT OF LACK OF
ENFORCEMENT DURING THE PANDEMIC.
MM HMM. I MEAN, WHEN THERE ARE A
LOT OY YES, VÆ SOCIO. CUANDO
LADY HELMET. OBAMA OLYMPIAS, THE
HEAD ON FOR THE PHARMACY CAN BE
BUT I ASKED THE BURGER BAR. MY
HEART. CAREER ON AEROPORTS, KOBE
AND DON'T WANT TO HEAR. YES, BUT
IT'S OKAY. SO LONG, BUT I KNOW
WHY. ALSO WHEN I WAS WORKING
DURING THE PANDEMIC IN THE
GARLIC FIELDS, THERE WAS A GROUP
OF WORKERS THAT GOT INFECTED
FROM COVID AND, UH, OUR GROUP OF
WORKERS. THE BATHROOM THAT WAS
DESIGNATED TO US WAS REALLY
DIRTY AND WE ASKED FOR THEM TO
CLEAN IT, AND INSTEAD THEY
DIRECTED US TO GO TO THE OTHER
BATHROOM FROM THE OTHER GROUP OF
WORKERS THAT HAD BEEN INFECTED
WITH COVID. WE MADE A COMPLAINT
THAT IF WE WERE TO GO TO THAT
BATHROOM, WE ARE GOING TO GET
INFECTED. AND THE ONLY REASON
THEY WANTED TO MOVE US WAS
BECAUSE THEY DID NOT WANT TO
CLEAN OUR BATHROOM. YOUNG KAMBIA
DÍAS. THANK YOU FOR LISTENING.
AND I HOPE THERE IS CHANGE.
THANK YOU. WHEN I STARTED
GRACIA'S. UM HAS BEEN ALL SAD. A
LITHIUM A MISTAKE. Ó MADERAS
OAXACA. YEAH HI. GOOD AFTERNOON.
MY NAME IS CATALINA SPINOZA AND
I AM FROM OAXACA AND I SPEAK
INSTEAD. UM. YES GRACIAS. CHADO
PROBLEMAS EN EL CAMPO COMPANEROS
ORGANIZ ADORES COMMUNITARIAN
JONES MEANS US, SAY, MANALI
SWALES MENCIA LIBERAL. THE
REGULATION IS NADA. WE HAVE A
LOT OF MEETINGS, UH, AT THE
CENTER OF THE NATIONAL WE HAVE
MEETINGS THAT FELLOWSHIP AND D I
R. UM AND WE HAVEN'T SEEN
ANYTHING REALLY HAPPENED. LÀ
SOLUTION CAN ALSO ROSE RAMOS
CAMP MOST LEFT LOS PROBLEMAS QUE
I SK IS THE LAST. NO FAST
ANOTHER I MUCH OF BELCAMPO HAS.
THE SOLUTIONS WE WANT FOR
FARMWORKERS IS FOR THERE TO BE
BETTER FOLLOW UP. WE THERE'S A
LOT OF COMPLAINTS. BUT THERE IS
NO FOLLOW UP BEING, UH,
PROVIDED. I GOT TO SEE A
SPECIFIC, COMMENTED PARA LOS
TRABAJADORES DEL CAMPO. KISS
CAPACITY. DADA'S PERSONAL
FINANCE REGULATION ALOOF. WE
NEED A WE NEED A CREATE A NEW
AGENCY SPECIFICALLY FOR FARM
WORKERS THAT HAVE BETTER
TRAINING AND ARE BETTER STAFFED
AND FUN. AND THEN TO BE ABLE TO
REGULATE THIS. THE SAFETY OF
FARM MARKET. E ESPECIALMENTE IT
AND BEING CONTROLLERS IN
CENTRAL, ALMOST E COV, THOMAS
GRACIAS. WE ALSO NEED BETTER
ENFORCEMENT AND REGULATIONS FOR
SMOKE AND WILDFIRES. AND WE, UH
AND WE HOPE TO DO SO SOON. THANK
YOU. THANK YOU. NOW IT'S MY TURN
. SO GOOD AFTERNOON AGAIN. MY
NAME IS GABBY GABRIELLA WITH
CENTRAL CALIFORNIA ENVIRONMENTAL
JUSTICE NETWORK. I'LL TRY AND
MAKE THIS QUICK. I'M A FARMER
QUITE ADVOCATE MY ALSO
FACILITATED RECENTLY FOUNDED, UH
, SPACE CALLED THE GAMBLE TASK
FORCE. UM AND THIS STANDS FOR
CAMPESINOS AND AGENCIES
MOBILIZING POLICY OPPORTUNITIES
. THIS IS A QUARTERLY TASK FORCE
THAT BRINGS TOGETHER STATE
ENFORCEMENT AGENCY LEADERSHIP,
FARMWORKER ADVOCATES AND FARM
WORKERS THEMSELVES, INCLUDING
MANY OF THIS, THE ONES YOU SEE
HERE TODAY, UM, WITH AN ULTIMATE
GOAL TO COLLABORATIVE
COLLABORATIVELY FIND SOLUTIONS
TO THE TOO FREQUENTLY
EXPERIENCED CHALLENGES IN
REPORTING HEALTH SAFETY, WAGE
THEFT AND RETALIATION
COMPLAINTS. UM THEY WERE BROUGHT
UP DIRECTLY BY FARM WORKERS
THROUGH LIVED EXPERIENCES AND
TESTIMONIES. THE PURPOSE OF AN
INTENTION WITHIN THIS TEST FOR
IT WAS NOT ONLY TO STREAMLINE
THE COMMUNICATION FOR FROM STATE
AGENCIES DIRECTLY TO WORKERS,
BUT ULTIMATELY TO COLLABORATE.
WE HAVE MET FOR OVER A YEAR. NOW
WE HAVE PROVIDED THE OPPORTUNITY
FOR ADVOCATES FARMWORKER LEADERS
, INCLUDING SOMEONE PRESENT AND
AGENCY REPRESENTATIVES TO FIND
SOLUTIONS TO THE ISSUES THAT
WE'VE IDENTIFIED, BUT WE'VE
RECEIVED NO RESPONSE OR GENUINE
EFFORT TO COLLABORATE, FORCING
US TO TURN TO THIS LEVEL OF
ADVOCACY WE ARE DOING NOW. FARM
WORKERS FROM THE CENTRAL VALLEY
TRAVELING HOURS AWAY FROM THEIR
HOMES, THEIR FAMILIES, THEIR
JOBS AND RESPONSIBILITIES TO
COME REPEAT THEIR LIVED
EXPERIENCES AGAIN. AND I HEARD
THIS AT THE HEARING HERE TODAY
AND THROUGHOUT THE CAMPO
MEETINGS TO, UM THAT, UH AGENCY
REPRESENTATIVES HEAR TESTIMONIES
AND THEIR IMMEDIATE RESPONSES TO
TEACH WORKERS ABOUT THEIR RIGHTS
. ABOUT WHAT WHAT THEY DO, AND
SO THAT WORKERS WILL EXPRESS
THEIR RIGHTS AND THEN THEY THINK
THE ISSUE IS RESOLVED. UH THE
WHY THEY ARE NOT EXPRESSING
THEIR RIGHTS NEEDS TO BE
ADDRESSED HERE. TOO MANY OF THEM
IT'S NOT ABOUT NOT KNOWING IS
THAT THEY DON'T TRUST STATE
REGULATORY AGENCIES. THEY DON'T
TRUST A LONG, DANGEROUS AND
CONFUSING PROCESS OF NAVIGATING
THESE AGENCIES AND THE ABSENCE
OF FIELD ENFORCEMENT IN THEIR
WORKPLACES. THERE ARE SO MANY
CHALLENGES BARRIERS THAT FARM
WORKERS FACE WHEN IT COMES TO
REPORTING THAT NEED TO BE
ADDRESSED AND RESOLVED
SIMULTANEOUSLY TO THE EDUCATION
AND OUTREACH THAT THEY'RE DOING.
THERE WE NEED IN OUR REQUESTING
A FARM WORKERS SPECIFIC
LEGISLATIVE HEARING TO GIVE
OPPORTUNITY FOR A REAL
DISCUSSION WITH LEGISLATURES,
LEGISLATORS ON OUR VERY PRESSING
CONCERNS AND UNSUCCESSFUL
EXPERTS. THANK YOU. THANK YOU.
UM HELLO. THANK YOU SO MUCH FOR
THIS HEARING ON THIS VERY
IMPORTANT TOPIC. UM, AND LIKE MY
, UM COLLEAGUES AND PARTNERS, I
WANT TO SPEAK A LITTLE BIT
ABOUT, UM, THE ISSUE OF FARM
WORKER HEALTH AND SAFETY. I'M MY
NAME IS BETH SPITLER. I'M THE
FIELD DIRECTOR FOR THE
CALIFORNIA FOOD AND FARMING
NETWORK. WE'RE A NETWORK OF OVER
50 ADVOCACY ORGANIZATIONS ACROSS
THE STATE THAT ARE WORKING TO
TRANSFORM THE FOOD AND FARMING
SYSTEM. AND WE KNOW THAT IF WE
DON'T ADDRESS THE VERY PRESSING
EMERGENCY OF FARM WORKER HEALTH
AND SAFETY, WE'RE NOT GOING TO
SEE AN AN EQUITABLE AND
SUSTAINABLE FOOD SYSTEM THAT
WILL SUSTAIN US FOR GENERATIONS
TO COME, WHICH IS WHAT WE ALL
NEED TO EAT AND SURVIVE. UM SO I
JUST WANTED TO. I CAN'T SAY
ANYTHING BETTER THAN YOU KNOW
THE WORKERS THEMSELVES OR THE
ADVOCATES THAT HAVE ALREADY
SPOKEN. BUT I DID WANT TO JUST
HIGHLIGHT A COUPLE OF THINGS TO
SECOND. THE REQUEST. UM FOR A
FARM WORKER SPECIFIC HEARING,
WHICH IS THAT WE SAW DURING
COVID. UM, ACCORDING TO THE
CALIFORNIA INSTITUTE FOR RURAL
STUDIES, DATA BRIEF ON THE TOPIC
THAT FOOD PRODUCTION EMPLOYERS
WERE, UM, RECEIVING VIOLATIONS
AT FOUR TIMES THE RATE OF ALL
OTHER INDUSTRIES. UM, WHICH IS.
AMAZING AND, UM AND TERRIBLE, SO
THIS IS A SPECIFIC ISSUE TO THE
AGRICULTURAL INTEREST INDUSTRY.
WE KNOW THEIR THEIR PARTICULAR
OBSTACLES AND BARRIERS THAT FARM
WORKERS ARE FACING TO GETTING
THEIR CLAIMS ADDRESSED. AND WE
ALSO KNOW THAT ADVOCATES AS
GABRIELLA FAZIO FROM C, C. J AND
JUST SHARED HAVE BEEN TRYING
HAVE BEEN TRYING REALLY HARD TO
GET THROUGH TO AGENCIES AND TO
COLLABORATE AND, UM, THAT
DOESN'T SEEM TO BE WORKING. WE
HAVEN'T SEEN A GENUINE RESPONSE
AT THIS POINT. SO UM, WE WOULD
LIKE TO SEE, UM, YOU KNOW, WE
WOULD LIKE TO SPEAK WITH
LEGISLATORS ABOUT THE SPECIFIC
ISSUES THAT THAT FARM WORKERS
FACE. THANK YOU SO MUCH FOR YOUR
TIME. THANK YOU. HEY AGAIN, UM,
SO AGAIN. MY NAME IS ELIE
SANDRI'S WORK WITH THE CENTRAL
CALIFORNIA ENVIRONMENTAL JUSTICE
. I'M THE FARM WORKER ADVOCATE
AND LIKE I SAID, I'M A DAUGHTER
OF FORMER SCREEN PARENTS MYSELF
. AND, UM, SO AT MY JOB, WHAT I
DO IS I HELP FARMWORKERS ON
BASICALLY THE NAVIGATOR AND I
HELP FARMWORKERS NAVIGATE THOSE
COMPLAINTS. UM BECAUSE A LOT OF
THE TIMES THEY DON'T TRUST CAL
OSHA. OR OTHER AGENTS, AGENCIES
. SO THEY, UM AFTER TRUSTED
MESSENGERS LIKE ME, AND SO THEY
CALL ME AND I'M ABLE TO HELP
THEM OUT A LITTLE BIT. AND SO WE
HEARD A LOT ABOUT COLLABORATION
AND WE HAVE BEEN TRYING THROUGH
OUR COMPANY MEETINGS TO
COLLABORATE, UM, WITH A LOT OF
AGENCIES. UM AND IN THE TIMES
THAT I'VE BEEN ABLE TO, UM, FILE
COMPLAINTS FOR FARM WORKERS.
ONLY BEEN ABLE TO ACTUALLY
SUCCESSFULLY FILE. HAVE VIOLENT
ONE COMPLAINT THAT WAS
SUCCESSFULLY SUBMITTED, UM THE
REST HAVE REALLY HAVE NOT
REACHED ANYWHERE. AND SO, UM,
FOLLOW UP IS AN IMPORTANT PIECE
TO, UM AGENCIES AND FOR FARM
WORKERS. AND SO EVEN IF IT'S
JUST, UH, CALL EXPLAINING TO
FARM WORKERS LIKE WHY THAT THAT
CLAIM WASN'T ABLE TO BE
PROCESSED. THAT GOES A LONG WAY
FOR FARMWORKERS. THANK YOU.
THANK YOU. UM AND IF WE CAN ASK
THEM THE MODERATOR IF THERE ARE
FOLKS ON THE PHONE LINE FOR
PUBLIC COMMENT. YES, SIR. ONE
MOMENT, PLEASE. AND WE'LL GO TO
LINE NUMBER 65 FOR COMMENT. LINE
NUMBER 65 YEAR LINE IS OPEN.
THANK YOU. GOOD AFTERNOON CHAIR
AND COMMITTEE MEMBERS. MY NAME
IS JACKIE GRAY WALL WITH UFCW
WESTERN STATE COUNCIL. THE
PANDEMIC HAS AND CONTINUES TO
EXPOSE THE INADEQUACIES IN OUR
STATEWIDE ENFORCEMENT WITH THEM
THAT WERE ESTABLISHED FOR THE
SOLE MISSION OF PROTECTING
WORKERS WHILE AT WORK. BUT THESE
PROBLEMS LONG EXISTED LONG
BEFORE THE PANDEMIC. HE WOULD
LIKE TO THANK PRISCILLA FOR
OFFERING HER TESTIMONY TODAY AND
THE NUMEROUS FARM WORKERS THAT
YOU JUST HEARD FROM THEIR
STORIES ARE NOT UNIQUE AS IT
RELATES TO PRISCILLA. WE HEAR
THESE TYPES OF STORIES EVERY DAY
ACROSS THE STATE. WE STRONGLY
URGE COLOR SETS IMMEDIATELY
ADOPT A WORKPLACE VIOLENCE
STANDARDS FOR THE GENERAL
INDUSTRY. WE ALSO URGED THE
LEGISLATURE TO INTERVENE WITH
POLICY SOLUTIONS TO REDUCE
BARRIERS AND THE ADOPTION OF
COLORS THAT STANDARDS LIKE THE
SERIE A PROCESS TELEVISION FORCE
MINT TO THE GENERAL INDUSTRY
CLAUSE THROUGH THE GENERAL DUTY
CAUSE IS INSUFFICIENT TO THE
EATER EMPLOYERS FROM NON
COMPLIANCE. DUE TO THE EXTREMELY
LOW PENALTIES AND LACK OF CLEAR
AND CONSISTENT REGULATIONS
ACROSS ALL INDUSTRIES AND
EMPLOYERS. I DEFINITELY èC W
WOULD LIKE TO URGE THE
LEGISLATURE TO HOLD AN
INFORMATIONAL HEARING NEXT YEAR
SPECIFICALLY ON THE UNIQUE
EXPERIENCES AND CHALLENGES FARM
WORKERS FACED WITH THE CURRENT
HEALTH AND SAFETY AND LABOR, LAW
ENFORCEMENT MODELS AND HOW WE
CAN IMPROVE HEALTH AND SAFETY
DEPARTMENT FORCE MINT FOR ALL
FARMWORKER COMMUNITIES. FARM
WORKERS HAVE SHARED BARRIERS TO
FILING CLAIMS NEGATIVE
EXPERIENCE OR LITTLE OUTREACH OR
NO OUTREACH BY COLORS. DISTRICT
STAFF. AND WHEN FARM WORKERS DO
OVERCOME THESE CHALLENGES,
THEY'RE NOT CONTACTED ABOUT
ENFORCEMENT ACTIONS AND BECOME
WORRIED ABOUT RETALIATION WHEN
THEIR EMPLOYERS ARE NOTIFIED
ABOUT COLOR. SH INSPECTION WE
FIRMLY BELIEVE THAT THE STATE
NEEDS TO FORM ITS OWN AGENCY OR
A SPECIFIC BRANCH WITHIN AN
EXISTING AGENCY FOCUSED ON
RESPONDING TO YOUR PRIME WORKER
WORKPLACE COMPLAINTS. LASTLY,
WITHOUT STRONG RETALIATION,
PROTECTIONS AND TIMELY
ENFORCEMENT. NONE OF THESE
STANDARDS MEAN ANYTHING IF
WORKERS DON'T HAVE THE FREEDOM
TO SPEAK UP WITHOUT FEAR OF
RETALIATION, THANK YOU FOR
ALLOWING ME TO MAKE PUBLIC
COMMENT TODAY. THANK YOU. AND
NEXT WE'LL GO TO LINE 71. HELLO.
CAN YOU ALL HEAR ME? YES. OKAY
HI. GOOD AFTERNOON, AND THANK
YOU ALL FOR LONG TO SPEAK. TODAY
YOU MAY HEAR MY MICROWAVE GO OFF
IN THE BACKGROUND SHORTLY. I
APOLOGIZE. BUT MY NAME IS
ANASTASIA. AND I'M A STAFF
ATTORNEY WITH WORK SAFE AND I
WORKED THERE FOR MISSION IS ALL
ABOUT PREVENTING WORKPLACE
INJURY AND DEATH. BUT OUR
ORGANIZATIONS, ALSO A MEMBER OF
THE CALIFORNIA COALITION FOR
WORKER POWERS, ALSO KNOWN AS C
C. W. P AND OUR MISSION THERE IS
TO INCREASE THE INCREASED
WORKERS' ABILITY TO COLLECTIVELY
IMPROVE THEIR WORKPLACES. SORRY
I WAS WITH MICROWAVE IN MY
CAPACITY AS A STAFF ATTORNEY AT
WORK SAFE. I WOULD LIKE TO
QUICKLY BRING THE COMMITTEE'S
ATTENTION TO A FEW ITEMS, PLEASE
REGARDING THE INDOOR STANDARD,
WHICH WE HEARD A LOT ABOUT
TODAY. AND WE APPRECIATE THE
PROGRESS THAT HELL HAS MADE ON
THAT. WE WOULD JUST LIKE TO
REITERATE THAT THE STATE
LEGISLATURE HAS WEIGHED IN TWICE
ON THIS, AND STILL YEARS LATER.
WE DON'T HAVE A STANDARD IN
PLACE. THAT'S NOT OKAY. BACK
INTO ME. WORKPLACE VIOLENCE IS
EXPLODING AND WORKPLACES
THROUGHOUT THE STATE WORKERS ARE
LOOKING TO CAL OSHA. WE
LITERALLY HEARD THEM SAY THAT
TODAY THEY'RE LOOKING FOR CAL
OSHA, BUT THEY'RE SAYING
NOTHING. GETTING A WORKPLACE
BADLY. STANDARD IN PLACE QUICKLY
SHOULD BE ONE OF THE TOP
PRIORITIES. LASTLY REGARDING
TELL OSHA AND THEIR STAFFING AND
ITS ENFORCEMENT ABILITY WE WERE
HAPPY TO HEAR FROM CHIEF PHILIP
THAT, UNDER HIS LEADERSHIP
FELLOWSHIP IS WORKING HARD
TOWARDS FILMING STAFF AGENCIES
AND HAS RECENTLY FELT I BELIEVE
ABOUT 41 ENFORCEMENT POSITIONS
AND WE LOOK FORWARD TO HEARING
MORE ABOUT THEIR CONTINUED
GROWTH. IN 2023, HOWEVER. HE
WOULD LIKE TO STRESS THAT
HELEN'S CALIFORNIANS NEED AN HBC
THAT'S NOT JUST FULLY STABBED
BUT ACCESSIBLE TO CALIFORNIA
WORKERS. ALL OF THE CALIFORNIA
WORKERS IN THAT IT LIVES ITS
MISSION TO ENSURE SAFETY FOR ALL
THOSE WORKERS. WE HEARD FROM A
LOT OF WORKERS TODAY, ESPECIALLY
FARM WORKERS ON HOW PEOPLE ARE
FALLING SHORT ON THAT,
ADDITIONALLY, AND THIS WILL BE
BRIEF. IN MY CAPACITY AS AN
ORGANIZATIONAL MEMBER OF CCW P.
I WOULD ALSO LIKE TO STRESS THAT
RETALIATION PROTECTION MUST BE
ESSENTIAL COMPONENT IN ANY LABOR
STANDARD. ITS WORKERS WHO ARE ON
THE FRONTLINE IMPLEMENTING THESE
BRUTALITY, THESE PROTECTIONS,
RETALIATION PROTECTION, AND IT'S
THEIR FREEDOM TO SPEAK WITHOUT
FEAR THAT IS ESSENTIAL TO
CONTINUING THAT TYPE OF
PROTECTION. AS SUCH, NONE OF
THESE STANDARDS NEED ABSOLUTELY
ANYTHING WITHOUT PROTECTION FROM
RETALIATION FOR WORKERS WHO ACT
TO ENFORCE THEM. THANK YOU.
THANK YOU. AND OUR FINAL
PARTICIPANT IN Q IS LINE NUMBER
29. HI. IS THAT ME? AND MY
SPEAKING IN THE CALIFORNIA
LEGISLATURE LABOR COMMITTEE
HEARINGS YOU ARE. OH GREAT.
EXCELLENT IT'S GREAT TO TALK
WITH YOU, ASH, KARA, AND I'M
GLAD YOU DIDN'T CANCEL COMMENTS
TODAY, THE WAY KEVIN MCCARTHY
DID IN THE EDUCATION HEARING
THAT SAID, IT'S BEEN A REALLY
INTERESTING HEARING. YOU'RE
TALKING ABOUT VERY IMPORTANT
MATTERS LIKE WAGE STAFFED AND
ADEQUATE CONDITIONS, BUT I'M
STILL INTRIGUED AS TO WHY NOBODY
ON YOUR PANEL OF EXPERTS WAS
ABLE TO ADDRESS THE ELEPHANT IN
THE ROOM, WHICH IS ALL OF THE
GENOCIDAL MURDERS YOU PEOPLE ARE
CREATING WITH YOUR POLICIES WITH
THIS COVID SHOT. WILL THERE BE A
SEPARATE HEARING FOR THAT? ASH
KALRA? BECAUSE IT SEEMS TO ME
THAT CALIFORNIANS NEED TO HAVE A
LIGHT SHINED ON THE TRUTH. THE
TRUTH OF THE FACT THAT MANDATE
HAVE CREATED SO MUCH OF THE
PROBLEMS THAT PEOPLE ARE
DESCRIBING HERE IN THIS HEARING,
AND IT ISN'T TO SAY THAT THE
FARM WORKERS DON'T HAVE RIGHTS,
BUT THEY ALSO HAVE A RIGHT TO
BODILY AUTONOMY. THEY HAVE A
RIGHT TO REJECT GENE THERAPY.
THEY HAVE A RIGHT TO REJECT
SHOTS THAT ARE KILLING PEOPLE,
KILLING THE CHILDREN MANDATES.
ARE NOT A WAY TO DO MEDICINE.
THAT IS NOT A WAY TO RUN A JUST
OR TRUE SOCIETY AT THE SAME TIME
, SO, UM, YOU KNOW YOU'RE
HEARING IS INTERESTING. IT'S
FULL OF INFORMATION, BUT IT'S
NOT REFLECTING THE TRUTH. IT'S
NOT REFLECTING THE TRUTH OF
WHAT'S GOING ON IN CALIFORNIA
AND THE MORE YOU TRY TO CENSOR
US, THE MORE YOU TRY TO SHUT US
DOWN THE MORE TRUTH. THE MORE
THE TRUTH JUST LEAKS OUT. SO
KEEP PLAYING YOUR GAME BECAUSE
THE PEOPLE ARE PAYING ATTENTION
, AND THEY KNOW TO ECHO THE
FIRST CALLER THAT CAL OSHA IS
PART OF WHY THIS SYSTEM IS BEING
DESTROYED. AND IT IS TIME THAT
YOU PEOPLE HIGH TIME START
LISTENING TO THE PEOPLE AND STOP
SHUTTING US DOWN. STOP SILENCING
OUR VOICES, BECAUSE NO MATTER
WHAT YOU DO, NO MATTER WHAT
MANDATES COME DOWN THE PIPE WE
DO NOT CONSENT. WE. OH, THANK
YOU, UM. UH ANYWAY, I WANT TO
THANK EVERYONE FOR PARTICIPATING
AND BEING HERE FOR TODAY'S
HEARING, OR THOSE THAT FOLLOWED
UP ON THE LIVESTREAM. UM REASON
, A NUMBER OF CRITICAL ISSUES,
BUT I THINK THERE'S A LOT OF
WORK AHEAD, ENSURING THAT WE CAN
PROTECT CALIFORNIA WORKERS. I
JUST WANT TO GIVE A SPECIAL
THANK YOU TO THE WORKERS THAT
TRAVELED MANY HOURS TO BE HERE
AND TO OUR WONDERFUL PANELIST,
BOTH WORKERS, WORKER
REPRESENTATIVES AS WELL AS
REPRESENTATIVES FROM THE STATE
OF CALIFORNIA IN DIFFERENT
CAPACITIES. SPEAKING TO THE
COMMON INTEREST OF MAKING SURE
THAT WE DO MORE AND DO BETTER TO
PROTECT CALIFORNIA WORKERS AND
LOOK FORWARD TO THIS NEXT
LEGISLATIVE YEAR WITH THIS
INFORMATION IN HAND AND WILL
CERTAINLY BE TOUCHING BASE WITH
LABOR COMMITTEE MEMBERS AND
THEIR STAFFS TO ENSURE THAT
THEY'RE ALSO UP TO DATE ON SOME
OF THE INFORMATION THAT WAS
SHARED WITH US TODAY. THANK YOU
ALL SO VERY MUCH FOR BEING HERE
AND THE MEETING IS ADJOURNED.