Pharmaceutical facilities: skilled and trained workforce.

Plain English Breakdown

The official source material does not provide specific details about handling unavailability of skilled workers and the exact conditions for penalty reduction or waiver.

Skilled and Trained Workforce for Pharmaceutical Facilities

This law requires pharmaceutical facilities being built, altered, repaired, or maintained to use a skilled workforce.

What This Bill Does

• Requires owners, operators, and developers of pharmaceutical facilities under construction, alteration, repair, or maintenance to hire contractors who use trained workers for these activities.
• Defines 'skilled and trained workforce' as including journeypersons paid at least the prevailing wage rate in apprenticeable occupations within building and construction trades.
• Requires monthly reports from facility owners demonstrating compliance with using skilled workers.
• Imposes fines on contractors or subcontractors if they do not use a skilled workforce, starting from $5,000 per month for first violations and up to $10,000 per month for subsequent violations.

Who It Names or Affects

• Owners of pharmaceutical facilities under construction, alteration, repair, or maintenance
• Contractors working on pharmaceutical facility projects

Terms To Know

Skilled and trained workforce

Workers who have completed training programs or apprenticeships in their field.

Prevailing wage rate

The standard hourly pay for a particular type of work in an area, usually set by the government.

Limits and Unknowns

• Does not address pharmaceutical facilities already operational at the time of enactment.
• Details on reducing or waiving penalties under certain circumstances are provided but not fully explained.

Official Summary Text

SB 1185, as amended, Cortese.
Pharmaceutical facilities: skilled and trained workforce.
Existing law requires a skilled and trained workforce to be used in the construction, alteration, demolition, installation, repair, or maintenance work of certain public works and privately-owned facilities engaged in certain petroleum-related activities, manufacturing hydrogen, biofuels, or certain specified chemicals, or capturing, sequestering, or using carbon dioxide, as specified. Existing law defines “skilled and trained workforce” to include, among other criteria, skilled journeypersons who are paid at least a rate equivalent to the applicable prevailing hourly wage rate.
This bill would require an owner, operator, or developer of a facility that will be used for the research, development, or production of pharmaceutical products to, when contracting for the performance of construction, alteration, demolition, installation, repair, or
maintenance work on the facility, require that its contractors and subcontractors use a skilled and trained workforce to perform all onsite work within an apprenticeable occupation in the building and construction trades, and would require all contractors and subcontractors performing the work to use a skilled and trained workforce. The bill would require the owner, operator, or developer of the facility to provide to the Labor Commissioner a monthly report demonstrating compliance with the bill’s provisions that includes, among other things, the full name and other identifying information relating to each worker relied on to satisfy the apprenticeship graduation percentage requirements. If the Labor Commissioner determines that a contractor or subcontractor failed to use a skilled and trained workforce, the bill would require the contractor or subcontractor to forfeit, as a civil penalty to the state, up to $5,000 per month of work performed for a first violation, and, for a second or subsequent violation,
up to $10,000 per month of work performed. The bill would authorize the Labor Commissioner to reduce or waive the penalty under specified circumstances.

Current Bill Text

Download Bill PDF