SB 321 - Employment Safety Standards: Advisory Committee: Household Domestic Services

On September 27, 2021, Governor Gavin Newsom signed into law SB 321 (Durazo, Chapter 332, Statutes of 2021), creating an advisory committee comprised of members of the public and experts to discuss and develop recommendations, ensuring the health and safety of domestic workers in the home setting.

The Division of Occupational Safety and Health (Cal/OSHA) is responsible for convening the advisory committee. Cal/OSHA is seeking interested members of the public who meet the following criteria to apply for consideration for this committee:

1. Domestic work employees who have worked as a housecleaner in private homes for at least five years.
2. Domestic work employees who have worked as a nanny in private homes for at least five years.
3. Domestic work employees who have worked as a caregiver, or attendant in private homes for at least five years.
4. Domestic work employees who have worked as a day laborer at private homes for at least five years. “Day laborer” includes, but is not limited to, exterior maintenance workers, gardeners and landscapers.
5. Domestic work employers who have employed housecleaners in their private homes for at least five years.
6. Domestic work employers who have employed nannies in their private homes for at least five years.
7. Domestic work employers who have employed caregivers,or attendants in their private homes for at least five years.
8. Domestic work employers who have employed a day laborer at their private homes for at least five years.
9. A nonprofit organization with a minimum of five years of experience advocating for day laborers and connecting them with private household employers.
10. A nonprofit organization with a minimum of five years of experience advocating on behalf of domestic work employees.
11. A nonprofit organization with a minimum of five years of experience advocating on behalf of domestic work employers.
12. The advisory committee shall include, but not be limited to, two experts in the prevention of work-related injuries and illnesses most commonly suffered by domestic work employees.

The advisory committee will meet on a regular basis throughout 2022 and work collaboratively to accomplish the following:

1. Develop voluntary industry-specific occupational safety and health guidance for the purpose of the following:
1. Educating household domestic service employees on how, to the extent possible, they may identify and evaluate workplace hazards and prevent or minimize work-related injuries and illnesses; and,
2. Educating household domestic service employers on how they may create safer workplaces by identifying and evaluating workplace hazards and how to prevent or minimize work-related injuries and illnesses for their employees.
2. Make recommendations, in consultation with the divisions and entities within the Department of Industrial Relations, and applicable state agencies and departments, on what additional policies may be adopted by the Department of Industrial Relations or the Legislature to protect the health and safety of household domestic service employees. In making these recommendations, the advisory group shall consider the following:
1. How to protect the privacy of individuals who employ domestic workers in their private residences in the context of future potential enforcement of health and safety standards, orders, and regulations, including applicability to household domestic service employers of the existing civil monetary penalty structure for violations.
2. Identifying and evaluating common workplace hazards specific to the industry.
3. The scope and applicability of existing regulations to the industry.
4. The need to develop industry-specific requirements.
5. How to conduct training and outreach to employers and employees in the industry.

The advisory committee will work on a report that will ultimately be released and publicly-posted online, in compliance with Section 9795 of the Government Code. A copy of the report will be distributed to the appropriate policy committees of the Legislature by January 1, 2023.

The advisory committee will meet in accordance with the Bagley-Keene Open Meeting Act and adhere to changing pandemic conditions. Members of the Advisory Committee may be expected to travel. Per diem and travel expenses subject to conditions and limits may be issued to members of the advisory committee

Application for Membership:

Members of the public that would like to serve on this advisory committee will need to submit their application via email at SB321@dir.ca.gov with the following information:

1. Your name, phone number, email address
2. Your current occupation
3. The length of time in your current occupation
4. Identify which membership criteria you fall under (see Membership 1 – 12)
5. Explain how you meet the criteria for selection to this Advisory Committee and why you’d like to serve.
6. Are you available to attend and participate in a minimum of six to eight meetings during 2022 to accomplish the work of this group?
7. Are you available to attend and participate in these meetings that may run a minimum of four (4) hours?

The deadline to apply is: March 4, 2022.

Questions? Please email: SB321@dir.ca.gov

January 2023