Newsom Vetoes SB 686: Domestic Workers Left with Uncertain Safety Standards

On September 30, 2023, California Governor Gavin Newsom blocked the advance of Senate Bill (SB) No. 686, a piece of legislation that aimed to expand the state’s current occupational safety and health laws to cover the domestic service industry.

A veto was seemingly the end of the road for SB 686, which proposed the California Division of Occupational Safety and Health (Cal/OSHA) to formulate and introduce industry guidance for domestic service workers by January 1, 2025.

The bill had opened the way for discussions on the importance of ensuring safety measures for domestic service employees, a segment of the workforce that often operates without the protections typically afforded to individuals in more traditional job settings.

However, the move from Governor Newsom has undoubtedly raised concerns among those advocating for improved workplace safety standards for these workers. They argue that the domestic service industry, characterized by jobs such as housekeepers, child care providers, and personal care assistants, needs to be brought under the safety and health regulations implemented for other industries.

A scrutinization of SB 686 reveals that it aimed to make Cal/OSHA adopt safety and health guidelines for the domestic service industry. Specifically, these protections would have required employers in this industry to establish, implement, and maintain an effective written Injury and Illness Prevention Program (IIPP).

These safety regulations were to also highlight the workforce’s unique features, such as the number of hours worked, the individual’s age, the types of tasks performed, and the specific hazards linked to the tasks undertaken.

As it stands, Governor Newsom’s decision has halted the progress of SB 686. The physical safety and mental wellbeing of the innumerable domestic service employees remain at the discretion of individual employers. This decision begs the question – When will adequate occupational safety and health regulations extend to this industry? For now, it seems, the wait continues.

Further information about this issue can be found at JD Supra.