Janitorial workers: sexual violence and harassment prevention training.

Existing law establishes the Division of Labor Standards Enforcement (division) within the Department of Industrial Relations. The division is headed by the Labor Commissioner and the department is headed by the Director of Industrial Relations. Existing law establishes certain protections for janitorial workers, including a requirement that the division establish a biennial in-person sexual violence and harassment prevention training requirement for certain employees and employers. Existing law requires employers of at least one employee and one or more covered workers, as defined, who provide janitorial services, as specified, to register with the commissioner annually and prohibits them from conducting business without a registration. Existing law requires an application for registration to be in a form prescribed by the commissioner and subscribed and sworn to by the employer, as specified. This bill would require the division to issue 2 types of registrations, one for registrants without employees and one for registrants with employees, and prohibit the division from approving a registration, as described above, if the employer does not include, among other things, in their written application the name of any subcontractor or franchise servicing contracts affiliated with branch locations and the name of any subcontractor on franchise servicing the contracts. Existing law requires the director to convene an advisory committee to assist in development of training standards. This bill would require the director to convene a training advisory committee to assist in compiling a list of qualified organizations and peer trainers that employers would be required to use to provide the biennial training described above. The bill would require the department to make the list of qualified training organizations available on its internet website. The bill would require those qualified training organizations to provide specified information to the division for inclusion on its internet website by January 1, 2021. This bill would require the division to require employers subject to the training requirements to use the training content created by the Labor Occupational Health Program. This bill would require employers to use a qualified organization from the list of qualified organizations developed and maintained by the director to provide the required training, and would require qualified organizations to provide peer trainers for employers to use in the training, as specified. The bill would require the employer to pay the qualified organization a specified amount per participant, unless an alternative payment has been agreed to pursuant to a collective bargaining agreement. The bill would require the qualified organization to ensure that the peer trainer is paid at least twice the state minimum wage per hour. This bill would require an employer to document and certify compliance with the training to nonsupervisors and payment of the qualified organization, as specified, on a form prescribed by, and available to, the division. The bill would require an employer to submit a specified report of training completion to the director. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. The bill would require the training advisory committee to approve and recommend the qualified organizations to the director. The bill would authorize a qualified organization to work with a training partner, as defined, to provide the required training. The bill would prescribe certain minimum qualifications for qualified organizations and peer trainers. The bill would require the director to develop, as prescribed a list of qualified organizations and qualified peer trainers, as recommended by the training advisory committee. Existing law provides for specified civil penalties for an employer subject to these provisions who fails to register with the department. This bill would also subject an employer who makes a material misrepresentation on their application to these civil penalties. The bill would make conforming changes. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.