California Labor Code

§ 6709

LAB § 6709 Effective Jan 1, 2021Div. 5 · Part 1 · Ch. 9

Statute text

(a)The Legislature finds and declares that Valley Fever is caused by a microscopic fungus known as Coccidioides immitis, which lives in the top 2 to 12 inches of soil in many parts of the state. When soil is disturbed by activities such as digging, grading, or driving, or is disturbed by environmental conditions such as high winds, fungal spores can become airborne and can potentially be inhaled.

(b)This section applies to a construction employer with employees working at worksites in counties where Valley Fever is highly endemic, including, but not limited to, the Counties of Fresno, Kern, Kings, Madera, Merced, Monterey, San Joaquin, San Luis Obispo, Santa Barbara, Tulare, and Ventura, where work activities disturb the soil, including, but not limited to, digging, grading, or other earth moving operations, or vehicle operation on dirt roads, or high winds. Highly endemic means that the annual incidence rate of Valley Fever is greater than 20 cases per 100,000 persons per year.

(c)An employer subject to this section pursuant to subdivision (b) shall provide effective awareness training on Valley Fever to all employees by May 1, 2020, and annually by that date thereafter, and before an employee begins work that is reasonably anticipated to cause exposure to substantial dust disturbance. Substantial dust disturbance means visible airborne dust for a total duration of one hour or more on any day. The training may be included in the employer’s injury and illness prevention program training or as a standalone training program. The training shall include all of the following topics:

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Legislative history

Amended by Stats. 2020, Ch. 370, Sec. 225. (SB 1371) Effective January 1, 2021.