Construction industry: discrimination and harassment prevention.

(1) The California Fair Employment and Housing Act makes specified employment practices unlawful, including the harassment of an employee directly by the employer or indirectly by agents of the employer with the employer's knowledge. Under existing law, the Department of Fair Employment and Housing administers these provisions. Existing law, by January 1, 2021, requires a specified employer with 5 or more employees to provide at least 2 hours of classroom or other effective interactive training and education regarding sexual harassment to all supervisory employees and at least one hour of classroom or other effective interactive training and education regarding sexual harassment to all nonsupervisory employees in California and, after that date, once every 2 years. Existing law requires new nonsupervisory employees to be provided training within 6 months of hire and new supervisory employees to be provided training within 6 months of their assumption of a supervisory position. Existing law establishes a separate timeline for seasonal, temporary, or other employees that are hired to work for less than 6 months that requires an employer, beginning January 1, 2020, to provide the training within 30 days after the hire date or within 100 hours worked, whichever occurs first. (2) Existing law creates the Division of Labor Standards Enforcement within the Department of Industrial Relations and authorizes the Division of Labor Standards Enforcement to enforce the provisions of the Labor Code and all labor laws of the state the enforcement of which is not specifically vested in any other officer, board, or commission. Existing law provides for apprenticeship programs within the Division of Apprenticeship Standards within the Department of Industrial Relations, sponsored by specific entities and employers, and requires the Chief of the Division of Apprenticeship Standards to perform various functions with respect to apprenticeship programs and the welfare of apprentices. Existing law also establishes the California Apprenticeship Council within the Division of Apprenticeship Standards, and requires the council to issue rules and regulations which establish standards for minimum wages, maximum hours, and working conditions for apprentice agreements in the building and construction trades and for firefighter occupations, and to issue rules and regulations governing equal opportunities in apprenticeship affirmative action programs which include women and minorities in apprenticeship and other on-the-job training, and criteria for selection procedures, as specified. (3) Existing law prohibits a building and construction trades apprenticeship program from discriminating against an apprentice or applicant for apprenticeship on the basis of certain enumerated categories, including, race, sex, religious creed, or national origin, with regard to acceptance into, or participation in, the program, as specified. Existing law requires the apprenticeship program to develop and implement procedures to ensure that its apprentices are not harassed or discriminated against. Existing law requires the apprenticeship program to provide antiharassment and antidiscrimination training to all apprentices, instructors, and employees of the apprenticeship program, as specified. Existing law authorizes the council to issue rules and regulations as necessary to implement these provisions. (4) This bill would authorize a building and construction trades apprenticeship program to provide prevention of harassment training programs for journey-level workers, and would require the apprenticeship program to maintain certain records and to issue a certificate of completion to the apprentice or journey-level worker. (5) This bill would extend to January 1, 2021, the date on which an employer identified in paragraph (1) is required to begin providing training to seasonal, temporary, or other employees hired to work for less than 6 months. (6) The bill would authorize an employer that employs workers pursuant to a multiemployer collective bargaining agreement in the construction industry to satisfy the sexual harassment training and education requirement specified in paragraph (1) by demonstrating that an employee has received the training in one of specified circumstances within the past 2 years. The bill would require verification that an employee has undergone that training within the past 2 years. The bill would require the employer to provide the training for any unverified employee. The bill would require a state-approved apprenticeship program, labor management training trust, or labor management cooperation committee to maintain the certificate of completion of training for a period of not less than 4 years. The bill would require the apprenticeship program, labor management training trust, or labor management cooperation committee to maintain a database of journey-level worker and apprentice training and to provide verification of an employee's or apprentice's training status upon the request of an employer that is a party to the multiemployer collective bargaining agreement. The bill would authorize a qualified trainer to provide prevention of harassment training on behalf of an apprenticeship program, a labor management training trust, or a labor management cooperation committee. The bill would also authorize an apprenticeship program, labor management training trust, or labor management cooperation committee to provide training by use of a specified online training course. The bill would prohibit an apprenticeship program, a labor management training trust, or a labor management cooperation committee from incurring any liability for providing training and education or for maintaining records pursuant to the above-described provisions. The bill would define terms for these purposes. (7) This bill would require the Division of Labor Standards Enforcement to develop recommendations for an industry-specific harassment and discrimination prevention policy and training standard for use by employers in the construction industry, as defined. The bill would require the Director of Industrial Relations to convene an advisory committee by March 1, 2020, consisting of specified representatives from the construction industry and state agencies to assist the Division of Labor Standards Enforcement in developing the policy. The bill would require the Division of Labor Standards Enforcement to report to the Legislature by January 1, 2021, with recommendations for a harassment and discrimination prevention policy and training standard for the construction industry and recommendations for legislation to implement such a standard.