Cal. Lab. Code § 1429.6

Current through 2024 Legislative Session
Section 1429.6 - [Effective 1/1/2025] [Effective until 1/1/2027] Study regarding worker safety and safeguard employment rights in the janitorial industry
(a) The department shall contract with the University of California, Los Angeles Labor Center to conduct a study evaluating opportunities to improve worker safety and safeguard employment rights in the janitorial industry. The University of California, Los Angeles Labor Center may subcontract, in whole or in part, the responsibility for conducting the study to another University of California Labor Center; the Labor Occupational Health Program, University of California, Berkeley; the University of California, San Francisco, Division of Occupational, Environmental, and Climate Medicine; the University of California, Berkeley, School of Public Health, Division of Environmental Health Sciences; or the California Center of Occupational and Environmental Health.
(b) The entity or entities with which a contract or subcontract is entered into pursuant to subdivision (a) shall conduct the study in the manner described in this section. No later than May 1, 2026, the University of California, Los Angeles Labor Center and its subcontractors, if any, shall issue a report that includes, but is not limited to, all of the following:
(1) Typical production rates in the janitorial industry based on cleaning frequency and the type of public and private sector facility being cleaned. The information shall be derived, in part and where available, from janitorial service contracts pertaining to the largest state and local government facilities, public university and community college facilities, and the largest commercial real estate and high-tech and biotech facilities in the following counties: Alameda, Los Angeles, Orange, Sacramento, San Diego, San Mateo, and Santa Clara. The names of the contracting entity and the janitorial contractor may be omitted in the report.
(2) Production rates before, during, and after the COVID-19 public health emergency.
(3) Assessment of the risk of ergonomic and other injuries associated with cleaning frequencies and production rates.
(4) Analysis of California workers' compensation data in the janitorial industry showing types of injury, frequency of reporting, and cost of treatment over the last 10 years.
(5) The prevalence of wage theft in the janitorial industry and how it impacts production rates and worker recruitment and retention.
(6) Whether production rates and the prevalence of wage theft differ between employers that are signatories to collective bargaining agreements and those that are not.
(7) The impacts of gender, race, national origin, disability, and age on production rates and compliance with labor laws.
(c) No later than June 15, 2025, the department shall convene an advisory committee comprised of representatives from the department, the Division of Occupational Safety and Health, the Division of Workers' Compensation, the Civil Rights Department, a recognized or certified collective bargaining agent that represents janitorial workers throughout the state, employers and labor management groups in the janitorial industry, the University of California, Los Angeles Labor Center, and other relevant subject matter experts to make recommendations regarding the scope of the study required pursuant to subdivision (b).
(d) If the advisory committee does not issue recommendations regarding the scope of the study by August 15, 2025, the University of California, Los Angeles Labor Center and its subcontractors, if any, shall complete the study pursuant to the factors listed in subdivision (b) in a manner that best fulfills the purposes of this section.
(e) On or before May 15, 2026, the department shall forward the completed report described in subdivision (b) to the members of the advisory committee and the Chairs of the Assembly Committee on Labor and Employment and the Senate Committee on Labor, Public Employment and Retirement. The report shall be submitted in compliance with Section 9795 of the Government Code.
(f) In conducting the study required pursuant to subdivision (b), the University of California, Los Angeles and any subcontractors shall consider and be guided by the recommendations of the advisory committee, if any, only so long as the recommendations would not substantially increase the cost of the study or cause the report to be issued after the required submission date pursuant to subdivision (b).
(g) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

Ca. Lab. Code § 1429.6

Added by Stats 2024 ch 394 (AB 2364),s 3, eff. 1/1/2025.