Article 4 - Emergency Ambulance Employee Safety and Preparedness

California Labor Code — §§ 883-889

Sections (7)

Training.

(a)In addition to other minimum employment qualifications and certifications, every emergency ambulance employee shall annually receive employer-paid training in each of the following areas:

(1)Responding to active shooter and mass casualty incidents.

(2)Responding to natural disasters.

(3)Preventing violence against emergency ambulance employees and patients.

(b)The training required by subdivision (a) shall be provided free of charge to emergency ambulance employees. Emergency ambulance

employees shall be compensated at their regular hourly rate of pay while participating in training required by subdivision (a).

(c)The training required to be provided pursuant to this section shall be generally comparable in content, scope, and quality to courses offered by the Federal Emergency Management Agency’s Emergency Management Institute or National Training and Education Division, or both.

§ 884

Mental Health.

(a)Every emergency ambulance employee shall receive employer-paid mental health and wellness education within 30 days of being hired and shall receive employer-paid mental health and wellness education each calendar year thereafter. Mental health and wellness education shall inform emergency ambulance employees of available mental health treatments and support services and provide general information regarding common mental health illnesses.

(b)Every emergency ambulance employee shall be entitled to employer-paid mental health services through an employee assistance program (EAP). The EAP coverage shall provide up to 10 mental health treatments per issue, per calendar year.

(c)Every emergency ambulance employee that qualifies for or is eligible to receive employer-provided health insurance shall have access to health insurance plans that offer long-term mental health treatment services.

(d)For purposes of this section, “issue” means episodes of mental health conditions such as stress, depression, grief, loss, relationship struggles, substance abuse, parenting challenges, and other mental health conditions as described within the EAP.

§ 885

Meal and Rest Periods.

(a)All emergency ambulance employees are hereby entitled to meal and rest periods as prescribed elsewhere by the Industrial Welfare Commission.

(b)Emergency ambulance employees shall be compensated at their regular hourly rate of pay during meal and rest periods.

§ 886

Staffing for Meal Periods.

(a)(1) An emergency ambulance provider shall not require an emergency ambulance employee to take a meal period during the first or last hour of a work shift and must allow an emergency ambulance employee to space multiple meal periods during a work shift at least two hours apart.

(2)An emergency ambulance provider shall manage staffing at levels sufficient to provide enough inactivity in a work shift for emergency ambulance employees to meet the requirements of this subdivision.

(b)Any meal period that does not comply with paragraph (1) of subdivision (a) shall not be counted towards the

meal periods an employee is entitled to during his or her work shift.

§ 887

Communication to Protect Public Health and Safety.

Notwithstanding any provision of law to the contrary:

(a)In order to maximize protection of public health and safety, emergency ambulance employees shall remain reachable by a portable communications device throughout the entirety of each work shift.

(b)If an emergency ambulance employee is contacted during a meal or rest period, that particular meal or rest period shall not be counted towards the meal and rest periods the employee is entitled to during his or her work shift.

(c)If an emergency ambulance employee is not contacted during a meal

or rest period, that particular meal or rest period shall be counted towards the meal and rest periods the employee is entitled to during his or her work shift.

§ 888

Definitions.

As used in this chapter, all of the following definitions apply:

(a)“Emergency ambulance employee” means a person who meets both of the following requirements:

(1)Is an emergency medical technician (EMT), dispatcher, paramedic, or other licensed or certified ambulance transport personnel who contributes to the delivery of ambulance services.

(2)Is employed by an emergency ambulance provider.

(b)“Emergency ambulance provider” means an employer that provides ambulance services, but not including the state, or any

political subdivision thereof, in its capacity as the direct employer of a person meeting the description contained in paragraph (1) of subdivision (a).

(c)“Contacted” means receiving a message or directive over a portable communications device that requires a response. A bare requirement to carry a portable communications device and remain reachable does not constitute being “contacted.”

(d)“Portable communications device” means a pager, radio, station alert box, intercom, cellular telephone, or other communications method.

(e)“Work shift” means designated hours of work by an emergency ambulance employee, with a designated beginning time and quitting time, including any periods for meals or rest.

§ 889

Notwithstanding any other provision of law to the contrary, Sections 887 and 888 are declaratory of, and do not alter or amend, existing California law and shall apply to any and all actions pending on, or commenced after, October 25, 2017, alleging a violation of Section 11090 of Title 8 of the California Code of Regulations (Industrial Welfare Commission (IWC) Order No. 9-2001) or any amended, successor, or replacement law, regulation, or IWC order.