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Overview:

The Department of Industrial Relations (DIR) is in charge of developing and enforcing California's labor standards—some of the nation's highest. Through its largest divisions the department administers workers' compensation and regulates workplace safety via the California Occupational Safety and Health Administration (Cal/OSHA). It also enforces minimum wage and rest-period requirements, mediates disputes between workers and their employers, manages apprenticeship programs and publishes statistics and research. The department is in the Labor and Workforce Development Agency.

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History:

The Department of Industrial Relations was established in 1927, consolidating the functions of several state entities that predated it. The department's connection to the 20th century's volatile debates over labor issues led to many policy changes and much shuffling around of departments and divisions for the DIR.

The Department of Industrial Relations initially comprised five divisions: the Division of Labor Statistics and Law Enforcement, the Division of Industrial Accidents and Safety, the Division of Housing and Sanitation, the Division of Industrial Welfare and the Division of State Employment Agencies. Some of these had been preexisting organizations, or else claimed responsibility for previously established functions.

California established the Bureau of Labor Statistics, the oldest element of the DIR, in 1883.

The Legislature passed the Compensation (or Roseberry) Act in 1911, which provided for voluntary workers' compensation, and the Workers' Compensation, Insurance and Safety (or Boynton) Act in 1913, which made that compensation mandatory for most industries. The Boynton Act provided for the establishment of the State Compensation Insurance Fund. With the creation of the DIR, the Division of Industrial Accidents and Safety became the administrator of workers' compensation.

The Commission of Immigration and Housing, established in 1913 to provide protections for California's large immigrant population, became an advisory body to the Division of Housing and Sanitation (renamed "Housing and Immigration") in 1927. The commission had succeeded in improving conditions at labor camps for migrant workers prior to its adoption by the DIR, but by World War II the division it advised was arranging transport out of the state and to internment camps for Japanese Americans rather than providing aid. In 1944, its role in dealing with immigrant policy was stripped. The Department of Housing and Community Development absorbed the resulting Division of Housing in 1965.

The Division of State Employment Agencies moved into the newly created Department of Employment in 1935, drawing a murky divide between the state's employment development and employer regulation functions.

In 1945, Governor Earl Warren presided over a major reorganization of the DIR. He proposed the separation of the Division of Labor Statistics and Law Enforcement's research and enforcement functions. With the Legislature's approval, it became the Division of Labor Statistics and Research and the Division of Labor Law Enforcement. At the same time, the Division of Fire Safety, harbored by the DIR since 1929, became an independent agency. The Division of Apprenticeship Standards and the Office of Self Insurers were added to the department, and the creation of the State Conciliation Service followed in 1947.

The Division of Fair Employment Practices, which handled employment discrimination claims, was created in 1959. In 1980 it became the independent and expanded Department of Fair Employment and Housing, carving away one aspect of the DIR's watchdog responsibility.

In 1978, the Division of Industrial Safety merged with the Department of Health's Occupational Health Branch to become the Division of Occupational Safety and Health. The Division of Industrial Accidents continued to administer workers' compensation, and the State Compensation Insurance Fund became an independent nonprofit. The Self Insurers' Security Fund was created by the Legislature in 1984.

In 2002, the California Labor and Workforce Development Agency was established. The DIR is now one of the eight members of the agency. As California joined the many other states with a consolidated department of labor and legislators discussed their hopes for improved workforce development, the Little Hoover Commission warned that the reorganization was "only a beginning" and would not by itself improve internal cooperation or efficiency.

 

Department of Industrial Relations (Online Archive of California)

2000-01 Biennial Report (DIR website) (pdf)

Workers' Compensation in California (Institute of Governmental Studies, UC Berkeley)

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What it Does:

The Department of Industrial Relations is the primary enforcer of California's labor laws. Its operations are dominated by the administration of Cal/OSHA and the often-troubled workers' compensation program. The department currently has eight divisions, including the supporting Division of Administration, and six related boards and commissions. In general, the divisions administer and enforce, while the boards and commissions make rules, recommend policy and hear appeals.

The Division of Occupational Safety and Health (Cal/OSHA) enforces federal and state workplace safety standards. It aims to reduce danger to workers, as well as to members of the public who ride in elevators or aerial trams. The Occupational Safety and Health Standards Board adopts and amends state health and safety standards while the Occupational Safety and Health Appeals Board hears employer and employee protests of the division's actions. Recently, the division has launched a campaign to educate employers and workers about the dangers of heat illness, in conjunction with new regulations requiring that outdoor workers have access to shade and water.

The Division of Labor Standards Enforcement is in charge of standards not covered by Cal/OSHA or another division, including the minimum wage ($8 hourly as of 2008), hours and rest periods, and other conditions. It acts on orders by the Industrial Welfare Commission.

The Division of Workers' Compensation administers the program that insures workers against injury on the job, while the Office of Self Insurance Plans regulates business owners that provide funds for potential workers' compensation claims personally rather than through an insurance company. The two programs are supported by independent, nonprofit, state-run organizations: the State Compensation Insurance Fund and the Self-Insurers' Security Fund. The Commission on Health and Safety and Workers' Compensation, which Acting Director Christine Baker chaired before her appointment, makes policy recommendations on workers' compensation, while the Workers' Compensation Appeals Board re-adjudicates claims.

The Division of Apprenticeship Standards promotes and regulates apprenticeship programs, while the California Apprenticeship Council serves all board and commission functions seen elsewhere in the department, advising on policy matters, issuing rules, and hearing appeals.

The Division of State Mediation and Conciliation provides negotiation services for use in conflicts between workers and management.

The Division of Labor Statistics and Research publishes information about California's economy and workforce. It participates in federal research and computes the consumer price index and prevailing wage—the latter determining what public works contractors must pay their employees.

The boundaries of the department's responsibilities are sometimes unclear. While the Department of Fair Employment and Housing handles issues of discrimination in the workplace, for example, the DIR's function of setting workplace standards also covers discriminatory behavior: Fair Employment and Housing would handle an employee fired for being a woman or having a baby, while the DIR requires employers to make break structure accommodations for breastfeeding and to train workers on sexual harassment issues.

The Employment Development Department and Employment Training Panel likewise share workforce development aims with the DIR. The Department of Insurance's interests intersect with the DIR's in that it regulates the insurers who provide workers' compensation. And DIR investigators serve on the multiagency Economic & Employment Enforcement Coalition, tasked with eliminating the "underground" economy.

 

Department of Industrial Relations Organizational Chart (pdf)

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Where Does the Money Go:

As maker and enforcer of rules for all industries, the Department of Industrial Relations affects every business in California to some degree. Unions, professional organizations, labor attorneys, corporate executives, small businesses and individual workers all hold a stake in the department's decisions. Government contractors are particularly invested, as they must adhere to stricter rules than businesses at large, and the DIR has a special mechanism for monitoring their compliance. (The Compliance Monitoring Unit's activity is currently suspended.)

Almost 40% of the department's budget goes to administering workers' compensation. Insurers hoping to compete with the State Compensation Insurance Fund are particularly interested in changes to this program, as are people throughout the medical profession.

The DIR affects far more people and businesses through the administration of its programs than by contracting directly. It solicits small businesses, when possible, to provide information technology and office supplies.

 

3-Year Budget (pdf)

How to Do Business with the Department of Industrial Relations (DIR website)

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Controversies:

Cal/OSHA in the Crosshairs

The Occupational Safety and Health Act was signed into law by President Richard Nixon in 1970 and became effective one year later. Its goal was to set workplace safety and health standards for the nation while establishing a system of enforcement.

States began to create their own OSHA programs with federal assistance in 1972, led by South Carolina, Montana and Oregon. Cal/OSHA was created the next year. The federal agency had a number of early successes but by the end of the ’70s claims of over-regulation, a downturn in the economy and shifting political winds slowed the agency’s progress.

President Ronald Reagan took office in 1981 with a promise to provide industry with regulatory relief from government, and OSHA was seen as a principal source of the “burden.” Among the Reagan administration’s goals were a less confrontational approach, a cost/basis analysis system and the decentralization of authority (encouraging the states to develop their own plans). Meanwhile, Republicans in Congress were becoming more vocal about abolishing OSHA entirely.

Two years after Reagan’s election, Republican George Deukmejian became governor of California and made no secret of his disdain for Cal/OSHA. The state agency had adopted enforcement guidelines considered significantly more stringent than those under federal law and had a national reputation for leading the way on workplace safety.

After numerous efforts to reduce Cal/OSHA’s influence, Deukmejian called for its abolition in January 1987. His director of the Department of Industrial Relations, Ronald  Rinaldi, said, “The intent is not to sacrifice employee safety. It is our belief the feds would do as good a job.”

California AFL-CIO chief John F. Henning saw it differently. “We would hope that the governor would reconsider this policy, which can only mean more deaths and more maiming of California workers—this because federal standards of job safety are much inferior to those of California.”

Deukmejian wrote the U.S. Department of Labor in early 1987 that California was withdrawing its OSHA plan and terminating the related federal grants. He also eliminated Cal/OSHA funding from his proposed budget, claiming the move would save the financially strapped state $8 million a year.

Lawsuits were filed to halt the withdrawal and, in defiance, the state Legislature appropriated the money anyway. A Sacramento Superior Court quickly ruled the letter to the feds “null and void” and the Labor Department responded that it would wait to make a move until lawsuits and legislative action were completed.

In July 1987, Deukmejian exercised his line-item veto and removed the Cal/OSHA funding from the budget. The Labor Department responded in September by saying it would accept California’s withdrawal. Labor organizations filed another lawsuit seeking an injunction against the action, claiming that only the Legislature, not the governor, was empowered to withdraw. The court expressed an inclination to agree with them.

In October 1987, the state Court of Appeal made it official and ruled Deukmejian could not unilaterally sever Cal/OSHA ties to the federal government; the Legislature had to agree. But the administration remained intent on financially crippling the agency.  

In November 1987, Democratic Assembly Speaker Willie Brown called Deukmejian’s efforts “an outrage and a menace to every Californian.” “If the governor prevails on this issue, everyone in California who works will have lost important protections," Brown said.

Deukmejian’s press secretary, Kevin Brett, said Brown was just jealous of the governor. “Obviously the Speaker is continuing to express his frustration on the recent public opinion polls that continue to indicate, as they have for the past few years, that Gov. George Deukmejian remains one of the most popular governors in California history,” Brett said.

The voters weighed in in November 1988 by passing Proposition 97, which repudiated Deukmejian’s actions by mandating that the governor continue to fund Cal/OSHA.

 

Reflections on OSHA’s History (OSHA) (pdf)

Thorne Auchter Administration, 1981-1984: "Oh, What a (Regulatory) Relief" (U.S. Department of Labor)

Cabrera v. Martin (Leagle.com)

Governor's Budget Would Kill Worker Safety Agency (by Richard C. Paddock, Los Angeles Times)

Ruling Challenges Deukmejian Plan to Cut Cal/OSHA (by Paul Jacobs, Los Angeles Times)

Speaker Brown Blasts Deukmejian's Efforts to Eliminate Cal/OSHA (by Leo C. Wolinsky, Los Angeles Times)

 

Scandals at Cal/OSHA

A series of minor scandals have surrounded Cal/OSHA. While none have received widespread attention, each points to problems with understaffing and efficient use of resources at the Division of Occupational Standards and Health (DOSH).

In 2010, an internal investigation of DOSH included a mandatory questionnaire that asked about employees' personal affiliations and activities. After the executive director of Public Employees for Environmental Responsibility, Jeff Ruch, protested that the investigation was "overly broad and illegal," Chief Deputy Director David Rowan issued a memo removing the requirement that employees sign under penalty of perjury and stating that employees only needed to disclose personal activities pursued using state resources.

Ruch's claim that the audit was a "wild goose chase" stood on shakier ground later in the year after a report on the results of whistleblower investigations found that a Cal/OSHA inspector performed work for an unrelated job while earning DOSH pay, defrauding the government of more than $70,000.

A federal report on Cal/OSHA released in September 2010 found that understaffing and insufficient training, rather than fraud or inefficiency, were the chief problems with the program. The report also criticized the Cal/OSHA Appeals Boards for setting standards to prove employer safety violations that varied from those established at the federal level.

In 2011, news reports of expired permits in elevators throughout the San Francisco Bay Area—elevators that should have been inspected by Cal/OSHA employees—were answered with promises of improvement and complaints of understaffing.

 

Cal-OSHA Narrows Scope of Internal Employee Investigation (by Laura Walter, EHS Today)

How Some State Workers Are Wasting Taxpayer Money (by Aileen Yoo, The Scavenger)

OSHA Audit Reveals Major Flaws (Worksafe)

Thousands of Elevators Found Running with Expired Permits (CBS Los Angeles)

 

Workers’ Compensation

The State Insurance Compensation Fund, which provides workers' compensation insurance to businesses that can't obtain it elsewhere, has faced regular accusations of corruption, mismanagement and willful lack of transparency throughout the past decade. Several leaders of the fund have stepped down or been fired. The Department of Insurance, rather than the Department of Industrial Relations, has nominal regulatory oversight over the State Fund.

 

State Fund Group Administrators Paid $500 Million (Workers' Comp Executive)

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Suggested Reforms:

Reorganize the Department

The Department of Industrial Relations is one of seven major departments in the Labor and Workforce Development Agency. At his confirmation hearing in 2011, the agency’s new leader, Marty Morgenstern, made it clear he had big plans for a reorganization at DIR.

He singled out those responsible for administering workmen’s compensation and Cal/OSHA regulations and said they would benefit from a slimming down. Morgenstern noted that DIR had 58 divisions and suggested there may be too many. “I don’t know, but it does seem like a lot,” he said. 

Morgenstern, who was unanimously confirmed by the Senate, said his agency would undertake a comprehensive regulatory review before picking a permanent director for the department.

“One of the first tasks I’m going to give my new team is to try and look at the regulations and see what we can streamline,” he said. Among the changes Morgenstern said he would consider is an alternative to settling workmen’s compensation disputes that would involve arbitration and mediation. Alternative Dispute Resolution (ADR) is a method promoted by business as a cost-saving measure, and generally characterized by labor as a means to avoid due process and shortchange workers. 

“In general I certainly believe in alternative dispute resolution,”  Morgenstern said.

 

Reorganize Department of Industrial Relations – New Leader Says (by Bess Shapiro, Flash Report)

Alternative Dispute Resolution (by Jeffrey Schieberl, Graziadio Business Review)

 

Cal/OSHA and Workers’ Compensation

Many reforms to DIR programs have been suggested over the years, mostly with the aim of saving costs. Hoping to improve workers' compensation, legislators and state officials have discussed bundling those policies with medical insurance and creating a pharmacy network to administer medications. Other reforms focus on changing the type of care given to injured workers. Expanding the use of generic drugs has long been an administrative goal, and a recent report on the expense of specially-mixed compounded medications has led to interest in minimizing the use of those customized drugs.

Handling liens, by which medical practitioners and lawyers demand workers' compensation payments, has also proven a huge drag on the system. A report by the Commission on Health and Safety and Workers' Compensation suggests various means of minimizing frivolous or premature liens, including filing fees and alternative dispute resolution methods.

In June 2011, state Senator Mark DeSaulnier introduced SB 829 to reform the Cal/OSHA Appeals Board. Under the new legislation, the board would be under the rulemaking authority of the DIR, rather than fully independent. Employers would be required to amend safety violations or explicitly contest such improvements upon their initial ruling. Employers who contested abatement pending appeal would have their cases expedited, to avoid prolonging unsafe conditions in the workplace. Family members of deceased claimants would be admitted to appeals proceedings.

 

Compounded Drugs Bring Big Profits to California Doctors, Study Finds (by Marc Lifsher, Los Angeles Times)

Commission on Health and Safety and Workers' Compensation Liens Report (pdf)

SB 829 (Around the Capitol)

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Debate:

Workers' Compensation Reform

California's workers' compensation program has been in near-constant flux since 1989, when the Legislature passed a law attempting to bring down payments to doctors and lawyers. In 1995, the government stopped regulating the minimum rate for workers' compensation insurance. In their competition to undercut each other, 28 insurance companies collapsed entirely. Rates rose to the highest in the U.S., while benefits paid to injured workers were among the lowest.

This crisis led to the reforms of the early 2000s. Governor Gray Davis signed the first benefit increase in six years in 2002. The measure also included a reimbursement program to incentivize employers' accommodation of disabled workers who returned to their jobs. In 2003, another bill provided for several new changes, including expanded use of generic medications and the authorization for unions to initiate alternate dispute resolution to handle claims. Arnold Schwarzenegger, in his campaign against Davis for the governorship, called the law inadequate and promised broader reforms if he took office.

Governor Schwarzenegger signed SB 899, a major workers' compensation reform bill, in 2004. The new law retained unregulated insurance rates while requiring employees to receive care from within networks of doctors selected by their employers. It also tightened the standards to qualify for permanent disability.

Since 2004, workers' compensation rates have come down from disaster levels, although they remain among the highest in the nation. Liberals and conservatives are for the most part united in their desire for low rates and "adequate" benefits to workers, and agree that the workers' compensation program can be substantially improved. Their disagreement revolves around whether the Schwarzenegger reforms were a step in the right direction, and around what benefits qualify as “adequate.” While the debate covers a host of issues, it is particularly concerned with the permanent disability schedule and lack of insurance rate regulation.

 

Workers' Compensation in California (Institute of Governmental Studies, UC Berkeley)

A Study on the Effects of Legislative Reforms on California Workers' Compensation Insurance Rates (DIR report by Bickmore Risk Services) (pdf)

Comparing the Costs of Workers' Compensation in California and Canada (Institute for Work & Health)

 

Rescind 2004 Reforms

Not long after the passage of SB 889, Democratic state Senator Richard Alarcon proposed legislation to incorporate the rate regulation that failed to make it into the 2004 law. Insurer profits had risen, he claimed, but those insurers hadn't responded by lowering rates. His bill died in committee in 2006.

While there's no doubt that insurance rates have fallen since 2004, opponents of the most recent compensation reforms argue that the cost decrease cannot be definitively linked to the changes, or that the drop in care for injured workers is unjustified regardless. In a 2011 report, the nonpartisan RAND Corporation found that while return-to-work rates for injured employees had improved in the previous decade, benefits to injured and disabled workers had suffered.

Much of the opposition to the 2004 reforms is directed at changes to the permanent disability schedule: the law requires, as of 2005, the use of the American Medical Association's permanent disability rating schedule, which is considerably more conservative in determining a workers' percentage of impairment and inability to work than the prior system. Acting Director Christine Baker points out that, for all the attention to permanent disability, the program accounts for less than 20% of workers' compensation costs. Baker maintains that greater permanent disability benefits are needed, which should be offset by cutting costs elsewhere. California's workers' compensation program is the fifth most expensive in the U.S., she notes: “Someone is getting all that money, but it's not the injured workers.”

 

Workers' Compensation Reform and Return to Work: The California Experience (RAND Corporation)

DIR's Baker Says Cost Savings Will Accompany Any PD Increase (by Brad Cain, Workers' Comp Executive)

 

Retain 2004 Reforms

Former insurance Commissioner Steve Poizner has been a particularly vocal supporter of Schwarzenegger's reforms. Before leaving his post, he warned that reverting to the pre-2004 permanent disability schedule would drive up insurance costs substantially. Poizner also considered the institution of medical provider networks (MPNs) so successful that he recommended the creation of pharmacy networks like them. Such networks are aimed at giving employers and insurers more control over medical costs.

In general, Republicans and business advocates warn that regulation of workers' compensation rates is anti-business—dangerous for California's economy during its fiscal crisis and recovery from the Great Recession.

 

Preserve California's Workers Comp Reforms: Poizner (by Roberto Ceniceros, Business Insurance)

Workers Comp Needs Market Reform (by Katy Grimes, Cal Watchdog)

 

The Value of Regulation

Labor policies at the national level and in every state are forged in similar atmospheres of contention over the value and purpose of regulation. Deserved or not, California's reputation as one of the most heavily regulated states in the U.S. makes it a popular object lesson in federal debates over workplace regulation. The state is also not immune to internal conflict over regulation, which replays itself whenever an accident on the job or piece of legislation rises to the public's attention. Whether the specific issue is mandating the use of condoms in pornography or of fitted sheets in hotels, the chief arguments remain the same.

 

Best/Worst States for Business (by J P Donlon, Chief Executive Magazine)

Misguided Attack on California (by Thomas D. Elias, Sonoma Magazine)

 

Pro-Worker and -Consumer Safety

Advocates of workplace regulations, such as those maintained by the Division of Labor Standards Enforcement, argue that these regulations are necessary to keep workers from unnecessary harm. According to pro-labor forces, businesses are more concerned with profit than worker safety, and thus are motivated to keep the flat sheets that lead to hotel workers' stress injuries and to hold to the pornography industry's standard practice of filming actors having condom-less sex.

There are two separate strains of logic to the pro-regulation argument. The first is that costs to business are irrelevant to the public good of protecting employees on the job. Adhering to this line of reasoning, Cal/OSHA engineer Jack Oudiz wrote in his open resignation letter that “the OSH Act did not intend nor require the balancing of worker safety with industry profit.” After an adult film actor tested positive for HIV, public health advocates were likewise unmoved by Larry Flynt's claim that pornography featuring condom use sold relatively poorly.

The second argument is that some regulations actually save money over the long term. The Los Angeles Times' Donald Cohen points out that worries over the cost of replacing hotel's flat sheets with fitted ones fail to take into account savings in workers' compensation costs or the need to buy new sheets annually regardless of regulation.

 

Views of a CalOSHA Inspector (The Pump Handle)

Workplace Safety: Cutting Back on Housekeepers’ Heavy Lifting (by Donald Cohen, Los Angeles Times op-ed)

 

Pro-Business Competitiveness

Business advocates' fundamental argument against regulation is that it hurts the economy. Costs associated with adhering to regulations "penalize" employers, making those able to move to another state more likely to do so and small businesses in particular less likely to thrive. As businesses suffer, so does employment, and with employment, the economy at large.

In 2010, the California State Senate's Republican Caucus released a briefing report on occupational licensing. (Occupational licensing, by which the government sets standards and issues permits for workers in various fields, is carried out by the DIR and multiple other agencies.) The report makes the argument that licensing is not only bad for the economy, but based on dishonest motives. The Republican senators say that licensing is driven by professionals wanting to decrease competition in their fields, rather than real consumer safety concerns. They note that California licenses many more occupations than the average state, and conclude that the licenses must not be necessary. Similar accusations are made of regulations that benefit unions: opponents declare that what is good for unions is not necessarily good for the population at large.

The report on licensing also forwards the idea that many regulations are frivolous, even laughable: surely, it implies, Michigan's "reptile catcher" license can't be important. Similarly, the pending "mattress police" legislation drew criticism from blogger Rebecca Goddard as “ridiculous.”

Members of industries targeted for reform are also prone to arguing that change isn't needed because self-regulation is already in place, or at least possible. Pornography producers, for example, say that their policies of screening actors for infections before filming are effective in preventing disease transmission, obviating any need for condoms.

 

License to Kill Jobs – A Look at Occupational Regulation in California (Republican Caucus, California State Senate)

The Mattress Police May Soon be a Reality (by Rebecca Goddard, Mission Viejo Patch)

Health Advocates, Porn Industry Representatives Debate Workplace Protection (by Lee Romney, Los Angeles Times)

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Former Directors:

John C. Duncan, 2007-2011

John M. Rea, 2004-2007

Chuck Cake, 2002-2004

Stephen J. Smith, 1998-2002

John C. Duncan, 1997-1998

Lloyd W. "Chip" Aubrey, 1992- 1997

Ronald Rinaldi, 1983- 1992. He oversaw the dismantling of Cal/OSHA under Governor  Deukmejian.

Victor Veysey, 1983. He was appointed by Governor Deukmejian but rejected by the Senate. The AFL-CIO said he voted "wrong" on labor issues 82% of the time as a Republican assemblyman from 1963-1971. He was a congressman from 1971-1975.

Don Vial, 1975-1982

H. Edward White, 1973-1974

George W. Smith, 1972 (interim)

William C. Hern, 1968 – 1972

Peter Weinberger, 1968. Beeson’s successor was the older brother of Caspar Weinberger, who eventually became President Ronald Reagan’s Secretary of Defense. He died of a hearth attack at 55, shortly after being appointed.

Albert C. Beeson, 1967-1968. Beeson was well-known in national labor circles when President Eisenhower picked him for the National Labor Relations Board in 1954. His appointment was hotly contested by organized labor, but they lost. United Mine Workers President John L. Lewis called him “Union-Buster Beeson” and Senator John F. Kennedy said of him in 1954, “One Albert C. Beeson, whose conflicting statements, prejudgment of the issues and misrepresentations before our Labor Committee caused all Democratic members to oppose his nomination, joined the Board.” Despite Beeson’s reputation, he didn’t last long as DIR director. Some thought him bumbling and, surprisingly, too cozy with labor. Spencer M. Wilson recollected for an oral history on the times: “He offended the administration. . . . He was dealing a lot with labor and they thought he was too pro-labor. His job brought him in contact with labor and he was trying to get labor to be more Republican oriented. But I think the final blow was when he approved [a] head table where the governor was supposed to be sitting at the same table with Harry Bridges, an alleged Communist. So they thought that was an absolutely stupid thing to do.”

Ernest B. Webb, 1963-1967

Jack Henning, 1959-1962

Edward P. Park, 1958-1959

Ernest B. Webb, 1955-1957

Paul Scharrenberg, 1943-1955

George Kidwell, 1939-1943

Will J. French, 1928-1934. French, born in Auckland, New Zealand, was initially elected chairman of the department’s predecessor, the Department of Labor and Industrial Relations, in 1921. He also lectured on economics at the University of California from 1927-1932.  While director, French wrote the introduction to a controversial 1930 booklet about the threat of Filipinos to the California labor market. He described a “third wave of Filipino immigration” as being too great and implied that the wrong kind of Filipinos were immigrating to the United States. The labor movement had been in decline for a decade and Filipinos were in the forefront of labor organizing.

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Founded: 1927
Annual Budget: $425.1 million (Proposed FY 2012-2013)
Employees: 2,717
Official Website: http://www.dir.ca.gov/
Department of Industrial Relations
Baker, Christine
Director

Christine Baker is the first woman to head the Department of Industrial Relations (DIR). She was appointed director by Governor Jerry Brown and confirmed by the Legislature in May 2012.

Baker earned a master's degree from the School of Education at the University of California, Berkeley.

She served as the chief of the Division of Labor Statistics and Research from 1984 to 1989 and the acting deputy director of the Division of Workers' Compensation from 1990 until the establishment of the Commission on Health and Safety and Workers' Compensation in 1994. Baker was the executive officer of the commission from its inception until her appointment by Governor Brown.

Baker serves as the vice president of the International Association of Accident Boards and Commissions and has a long history as a member of advisory committees and research groups concerning workers' compensation policy.

In April 2011, Governor Brown appointed her chief deputy director of the DIR.

 

Christine Baker, Director of Industrial Relations (Official biography)

Governor Brown Announces Appointments (Governor's website)

About the Colloquium Co-chairs (DIR website)

Baker Appointed to Head California's Department of Industrial Relations (Risk & Insurance)

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Overview:

The Department of Industrial Relations (DIR) is in charge of developing and enforcing California's labor standards—some of the nation's highest. Through its largest divisions the department administers workers' compensation and regulates workplace safety via the California Occupational Safety and Health Administration (Cal/OSHA). It also enforces minimum wage and rest-period requirements, mediates disputes between workers and their employers, manages apprenticeship programs and publishes statistics and research. The department is in the Labor and Workforce Development Agency.

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History:

The Department of Industrial Relations was established in 1927, consolidating the functions of several state entities that predated it. The department's connection to the 20th century's volatile debates over labor issues led to many policy changes and much shuffling around of departments and divisions for the DIR.

The Department of Industrial Relations initially comprised five divisions: the Division of Labor Statistics and Law Enforcement, the Division of Industrial Accidents and Safety, the Division of Housing and Sanitation, the Division of Industrial Welfare and the Division of State Employment Agencies. Some of these had been preexisting organizations, or else claimed responsibility for previously established functions.

California established the Bureau of Labor Statistics, the oldest element of the DIR, in 1883.

The Legislature passed the Compensation (or Roseberry) Act in 1911, which provided for voluntary workers' compensation, and the Workers' Compensation, Insurance and Safety (or Boynton) Act in 1913, which made that compensation mandatory for most industries. The Boynton Act provided for the establishment of the State Compensation Insurance Fund. With the creation of the DIR, the Division of Industrial Accidents and Safety became the administrator of workers' compensation.

The Commission of Immigration and Housing, established in 1913 to provide protections for California's large immigrant population, became an advisory body to the Division of Housing and Sanitation (renamed "Housing and Immigration") in 1927. The commission had succeeded in improving conditions at labor camps for migrant workers prior to its adoption by the DIR, but by World War II the division it advised was arranging transport out of the state and to internment camps for Japanese Americans rather than providing aid. In 1944, its role in dealing with immigrant policy was stripped. The Department of Housing and Community Development absorbed the resulting Division of Housing in 1965.

The Division of State Employment Agencies moved into the newly created Department of Employment in 1935, drawing a murky divide between the state's employment development and employer regulation functions.

In 1945, Governor Earl Warren presided over a major reorganization of the DIR. He proposed the separation of the Division of Labor Statistics and Law Enforcement's research and enforcement functions. With the Legislature's approval, it became the Division of Labor Statistics and Research and the Division of Labor Law Enforcement. At the same time, the Division of Fire Safety, harbored by the DIR since 1929, became an independent agency. The Division of Apprenticeship Standards and the Office of Self Insurers were added to the department, and the creation of the State Conciliation Service followed in 1947.

The Division of Fair Employment Practices, which handled employment discrimination claims, was created in 1959. In 1980 it became the independent and expanded Department of Fair Employment and Housing, carving away one aspect of the DIR's watchdog responsibility.

In 1978, the Division of Industrial Safety merged with the Department of Health's Occupational Health Branch to become the Division of Occupational Safety and Health. The Division of Industrial Accidents continued to administer workers' compensation, and the State Compensation Insurance Fund became an independent nonprofit. The Self Insurers' Security Fund was created by the Legislature in 1984.

In 2002, the California Labor and Workforce Development Agency was established. The DIR is now one of the eight members of the agency. As California joined the many other states with a consolidated department of labor and legislators discussed their hopes for improved workforce development, the Little Hoover Commission warned that the reorganization was "only a beginning" and would not by itself improve internal cooperation or efficiency.

 

Department of Industrial Relations (Online Archive of California)

2000-01 Biennial Report (DIR website) (pdf)

Workers' Compensation in California (Institute of Governmental Studies, UC Berkeley)

more
What it Does:

The Department of Industrial Relations is the primary enforcer of California's labor laws. Its operations are dominated by the administration of Cal/OSHA and the often-troubled workers' compensation program. The department currently has eight divisions, including the supporting Division of Administration, and six related boards and commissions. In general, the divisions administer and enforce, while the boards and commissions make rules, recommend policy and hear appeals.

The Division of Occupational Safety and Health (Cal/OSHA) enforces federal and state workplace safety standards. It aims to reduce danger to workers, as well as to members of the public who ride in elevators or aerial trams. The Occupational Safety and Health Standards Board adopts and amends state health and safety standards while the Occupational Safety and Health Appeals Board hears employer and employee protests of the division's actions. Recently, the division has launched a campaign to educate employers and workers about the dangers of heat illness, in conjunction with new regulations requiring that outdoor workers have access to shade and water.

The Division of Labor Standards Enforcement is in charge of standards not covered by Cal/OSHA or another division, including the minimum wage ($8 hourly as of 2008), hours and rest periods, and other conditions. It acts on orders by the Industrial Welfare Commission.

The Division of Workers' Compensation administers the program that insures workers against injury on the job, while the Office of Self Insurance Plans regulates business owners that provide funds for potential workers' compensation claims personally rather than through an insurance company. The two programs are supported by independent, nonprofit, state-run organizations: the State Compensation Insurance Fund and the Self-Insurers' Security Fund. The Commission on Health and Safety and Workers' Compensation, which Acting Director Christine Baker chaired before her appointment, makes policy recommendations on workers' compensation, while the Workers' Compensation Appeals Board re-adjudicates claims.

The Division of Apprenticeship Standards promotes and regulates apprenticeship programs, while the California Apprenticeship Council serves all board and commission functions seen elsewhere in the department, advising on policy matters, issuing rules, and hearing appeals.

The Division of State Mediation and Conciliation provides negotiation services for use in conflicts between workers and management.

The Division of Labor Statistics and Research publishes information about California's economy and workforce. It participates in federal research and computes the consumer price index and prevailing wage—the latter determining what public works contractors must pay their employees.

The boundaries of the department's responsibilities are sometimes unclear. While the Department of Fair Employment and Housing handles issues of discrimination in the workplace, for example, the DIR's function of setting workplace standards also covers discriminatory behavior: Fair Employment and Housing would handle an employee fired for being a woman or having a baby, while the DIR requires employers to make break structure accommodations for breastfeeding and to train workers on sexual harassment issues.

The Employment Development Department and Employment Training Panel likewise share workforce development aims with the DIR. The Department of Insurance's interests intersect with the DIR's in that it regulates the insurers who provide workers' compensation. And DIR investigators serve on the multiagency Economic & Employment Enforcement Coalition, tasked with eliminating the "underground" economy.

 

Department of Industrial Relations Organizational Chart (pdf)

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Where Does the Money Go:

As maker and enforcer of rules for all industries, the Department of Industrial Relations affects every business in California to some degree. Unions, professional organizations, labor attorneys, corporate executives, small businesses and individual workers all hold a stake in the department's decisions. Government contractors are particularly invested, as they must adhere to stricter rules than businesses at large, and the DIR has a special mechanism for monitoring their compliance. (The Compliance Monitoring Unit's activity is currently suspended.)

Almost 40% of the department's budget goes to administering workers' compensation. Insurers hoping to compete with the State Compensation Insurance Fund are particularly interested in changes to this program, as are people throughout the medical profession.

The DIR affects far more people and businesses through the administration of its programs than by contracting directly. It solicits small businesses, when possible, to provide information technology and office supplies.

 

3-Year Budget (pdf)

How to Do Business with the Department of Industrial Relations (DIR website)

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Controversies:

Cal/OSHA in the Crosshairs

The Occupational Safety and Health Act was signed into law by President Richard Nixon in 1970 and became effective one year later. Its goal was to set workplace safety and health standards for the nation while establishing a system of enforcement.

States began to create their own OSHA programs with federal assistance in 1972, led by South Carolina, Montana and Oregon. Cal/OSHA was created the next year. The federal agency had a number of early successes but by the end of the ’70s claims of over-regulation, a downturn in the economy and shifting political winds slowed the agency’s progress.

President Ronald Reagan took office in 1981 with a promise to provide industry with regulatory relief from government, and OSHA was seen as a principal source of the “burden.” Among the Reagan administration’s goals were a less confrontational approach, a cost/basis analysis system and the decentralization of authority (encouraging the states to develop their own plans). Meanwhile, Republicans in Congress were becoming more vocal about abolishing OSHA entirely.

Two years after Reagan’s election, Republican George Deukmejian became governor of California and made no secret of his disdain for Cal/OSHA. The state agency had adopted enforcement guidelines considered significantly more stringent than those under federal law and had a national reputation for leading the way on workplace safety.

After numerous efforts to reduce Cal/OSHA’s influence, Deukmejian called for its abolition in January 1987. His director of the Department of Industrial Relations, Ronald  Rinaldi, said, “The intent is not to sacrifice employee safety. It is our belief the feds would do as good a job.”

California AFL-CIO chief John F. Henning saw it differently. “We would hope that the governor would reconsider this policy, which can only mean more deaths and more maiming of California workers—this because federal standards of job safety are much inferior to those of California.”

Deukmejian wrote the U.S. Department of Labor in early 1987 that California was withdrawing its OSHA plan and terminating the related federal grants. He also eliminated Cal/OSHA funding from his proposed budget, claiming the move would save the financially strapped state $8 million a year.

Lawsuits were filed to halt the withdrawal and, in defiance, the state Legislature appropriated the money anyway. A Sacramento Superior Court quickly ruled the letter to the feds “null and void” and the Labor Department responded that it would wait to make a move until lawsuits and legislative action were completed.

In July 1987, Deukmejian exercised his line-item veto and removed the Cal/OSHA funding from the budget. The Labor Department responded in September by saying it would accept California’s withdrawal. Labor organizations filed another lawsuit seeking an injunction against the action, claiming that only the Legislature, not the governor, was empowered to withdraw. The court expressed an inclination to agree with them.

In October 1987, the state Court of Appeal made it official and ruled Deukmejian could not unilaterally sever Cal/OSHA ties to the federal government; the Legislature had to agree. But the administration remained intent on financially crippling the agency.  

In November 1987, Democratic Assembly Speaker Willie Brown called Deukmejian’s efforts “an outrage and a menace to every Californian.” “If the governor prevails on this issue, everyone in California who works will have lost important protections," Brown said.

Deukmejian’s press secretary, Kevin Brett, said Brown was just jealous of the governor. “Obviously the Speaker is continuing to express his frustration on the recent public opinion polls that continue to indicate, as they have for the past few years, that Gov. George Deukmejian remains one of the most popular governors in California history,” Brett said.

The voters weighed in in November 1988 by passing Proposition 97, which repudiated Deukmejian’s actions by mandating that the governor continue to fund Cal/OSHA.

 

Reflections on OSHA’s History (OSHA) (pdf)

Thorne Auchter Administration, 1981-1984: "Oh, What a (Regulatory) Relief" (U.S. Department of Labor)

Cabrera v. Martin (Leagle.com)

Governor's Budget Would Kill Worker Safety Agency (by Richard C. Paddock, Los Angeles Times)

Ruling Challenges Deukmejian Plan to Cut Cal/OSHA (by Paul Jacobs, Los Angeles Times)

Speaker Brown Blasts Deukmejian's Efforts to Eliminate Cal/OSHA (by Leo C. Wolinsky, Los Angeles Times)

 

Scandals at Cal/OSHA

A series of minor scandals have surrounded Cal/OSHA. While none have received widespread attention, each points to problems with understaffing and efficient use of resources at the Division of Occupational Standards and Health (DOSH).

In 2010, an internal investigation of DOSH included a mandatory questionnaire that asked about employees' personal affiliations and activities. After the executive director of Public Employees for Environmental Responsibility, Jeff Ruch, protested that the investigation was "overly broad and illegal," Chief Deputy Director David Rowan issued a memo removing the requirement that employees sign under penalty of perjury and stating that employees only needed to disclose personal activities pursued using state resources.

Ruch's claim that the audit was a "wild goose chase" stood on shakier ground later in the year after a report on the results of whistleblower investigations found that a Cal/OSHA inspector performed work for an unrelated job while earning DOSH pay, defrauding the government of more than $70,000.

A federal report on Cal/OSHA released in September 2010 found that understaffing and insufficient training, rather than fraud or inefficiency, were the chief problems with the program. The report also criticized the Cal/OSHA Appeals Boards for setting standards to prove employer safety violations that varied from those established at the federal level.

In 2011, news reports of expired permits in elevators throughout the San Francisco Bay Area—elevators that should have been inspected by Cal/OSHA employees—were answered with promises of improvement and complaints of understaffing.

 

Cal-OSHA Narrows Scope of Internal Employee Investigation (by Laura Walter, EHS Today)

How Some State Workers Are Wasting Taxpayer Money (by Aileen Yoo, The Scavenger)

OSHA Audit Reveals Major Flaws (Worksafe)

Thousands of Elevators Found Running with Expired Permits (CBS Los Angeles)

 

Workers’ Compensation

The State Insurance Compensation Fund, which provides workers' compensation insurance to businesses that can't obtain it elsewhere, has faced regular accusations of corruption, mismanagement and willful lack of transparency throughout the past decade. Several leaders of the fund have stepped down or been fired. The Department of Insurance, rather than the Department of Industrial Relations, has nominal regulatory oversight over the State Fund.

 

State Fund Group Administrators Paid $500 Million (Workers' Comp Executive)

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Suggested Reforms:

Reorganize the Department

The Department of Industrial Relations is one of seven major departments in the Labor and Workforce Development Agency. At his confirmation hearing in 2011, the agency’s new leader, Marty Morgenstern, made it clear he had big plans for a reorganization at DIR.

He singled out those responsible for administering workmen’s compensation and Cal/OSHA regulations and said they would benefit from a slimming down. Morgenstern noted that DIR had 58 divisions and suggested there may be too many. “I don’t know, but it does seem like a lot,” he said. 

Morgenstern, who was unanimously confirmed by the Senate, said his agency would undertake a comprehensive regulatory review before picking a permanent director for the department.

“One of the first tasks I’m going to give my new team is to try and look at the regulations and see what we can streamline,” he said. Among the changes Morgenstern said he would consider is an alternative to settling workmen’s compensation disputes that would involve arbitration and mediation. Alternative Dispute Resolution (ADR) is a method promoted by business as a cost-saving measure, and generally characterized by labor as a means to avoid due process and shortchange workers. 

“In general I certainly believe in alternative dispute resolution,”  Morgenstern said.

 

Reorganize Department of Industrial Relations – New Leader Says (by Bess Shapiro, Flash Report)

Alternative Dispute Resolution (by Jeffrey Schieberl, Graziadio Business Review)

 

Cal/OSHA and Workers’ Compensation

Many reforms to DIR programs have been suggested over the years, mostly with the aim of saving costs. Hoping to improve workers' compensation, legislators and state officials have discussed bundling those policies with medical insurance and creating a pharmacy network to administer medications. Other reforms focus on changing the type of care given to injured workers. Expanding the use of generic drugs has long been an administrative goal, and a recent report on the expense of specially-mixed compounded medications has led to interest in minimizing the use of those customized drugs.

Handling liens, by which medical practitioners and lawyers demand workers' compensation payments, has also proven a huge drag on the system. A report by the Commission on Health and Safety and Workers' Compensation suggests various means of minimizing frivolous or premature liens, including filing fees and alternative dispute resolution methods.

In June 2011, state Senator Mark DeSaulnier introduced SB 829 to reform the Cal/OSHA Appeals Board. Under the new legislation, the board would be under the rulemaking authority of the DIR, rather than fully independent. Employers would be required to amend safety violations or explicitly contest such improvements upon their initial ruling. Employers who contested abatement pending appeal would have their cases expedited, to avoid prolonging unsafe conditions in the workplace. Family members of deceased claimants would be admitted to appeals proceedings.

 

Compounded Drugs Bring Big Profits to California Doctors, Study Finds (by Marc Lifsher, Los Angeles Times)

Commission on Health and Safety and Workers' Compensation Liens Report (pdf)

SB 829 (Around the Capitol)

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Debate:

Workers' Compensation Reform

California's workers' compensation program has been in near-constant flux since 1989, when the Legislature passed a law attempting to bring down payments to doctors and lawyers. In 1995, the government stopped regulating the minimum rate for workers' compensation insurance. In their competition to undercut each other, 28 insurance companies collapsed entirely. Rates rose to the highest in the U.S., while benefits paid to injured workers were among the lowest.

This crisis led to the reforms of the early 2000s. Governor Gray Davis signed the first benefit increase in six years in 2002. The measure also included a reimbursement program to incentivize employers' accommodation of disabled workers who returned to their jobs. In 2003, another bill provided for several new changes, including expanded use of generic medications and the authorization for unions to initiate alternate dispute resolution to handle claims. Arnold Schwarzenegger, in his campaign against Davis for the governorship, called the law inadequate and promised broader reforms if he took office.

Governor Schwarzenegger signed SB 899, a major workers' compensation reform bill, in 2004. The new law retained unregulated insurance rates while requiring employees to receive care from within networks of doctors selected by their employers. It also tightened the standards to qualify for permanent disability.

Since 2004, workers' compensation rates have come down from disaster levels, although they remain among the highest in the nation. Liberals and conservatives are for the most part united in their desire for low rates and "adequate" benefits to workers, and agree that the workers' compensation program can be substantially improved. Their disagreement revolves around whether the Schwarzenegger reforms were a step in the right direction, and around what benefits qualify as “adequate.” While the debate covers a host of issues, it is particularly concerned with the permanent disability schedule and lack of insurance rate regulation.

 

Workers' Compensation in California (Institute of Governmental Studies, UC Berkeley)

A Study on the Effects of Legislative Reforms on California Workers' Compensation Insurance Rates (DIR report by Bickmore Risk Services) (pdf)

Comparing the Costs of Workers' Compensation in California and Canada (Institute for Work & Health)

 

Rescind 2004 Reforms

Not long after the passage of SB 889, Democratic state Senator Richard Alarcon proposed legislation to incorporate the rate regulation that failed to make it into the 2004 law. Insurer profits had risen, he claimed, but those insurers hadn't responded by lowering rates. His bill died in committee in 2006.

While there's no doubt that insurance rates have fallen since 2004, opponents of the most recent compensation reforms argue that the cost decrease cannot be definitively linked to the changes, or that the drop in care for injured workers is unjustified regardless. In a 2011 report, the nonpartisan RAND Corporation found that while return-to-work rates for injured employees had improved in the previous decade, benefits to injured and disabled workers had suffered.

Much of the opposition to the 2004 reforms is directed at changes to the permanent disability schedule: the law requires, as of 2005, the use of the American Medical Association's permanent disability rating schedule, which is considerably more conservative in determining a workers' percentage of impairment and inability to work than the prior system. Acting Director Christine Baker points out that, for all the attention to permanent disability, the program accounts for less than 20% of workers' compensation costs. Baker maintains that greater permanent disability benefits are needed, which should be offset by cutting costs elsewhere. California's workers' compensation program is the fifth most expensive in the U.S., she notes: “Someone is getting all that money, but it's not the injured workers.”

 

Workers' Compensation Reform and Return to Work: The California Experience (RAND Corporation)

DIR's Baker Says Cost Savings Will Accompany Any PD Increase (by Brad Cain, Workers' Comp Executive)

 

Retain 2004 Reforms

Former insurance Commissioner Steve Poizner has been a particularly vocal supporter of Schwarzenegger's reforms. Before leaving his post, he warned that reverting to the pre-2004 permanent disability schedule would drive up insurance costs substantially. Poizner also considered the institution of medical provider networks (MPNs) so successful that he recommended the creation of pharmacy networks like them. Such networks are aimed at giving employers and insurers more control over medical costs.

In general, Republicans and business advocates warn that regulation of workers' compensation rates is anti-business—dangerous for California's economy during its fiscal crisis and recovery from the Great Recession.

 

Preserve California's Workers Comp Reforms: Poizner (by Roberto Ceniceros, Business Insurance)

Workers Comp Needs Market Reform (by Katy Grimes, Cal Watchdog)

 

The Value of Regulation

Labor policies at the national level and in every state are forged in similar atmospheres of contention over the value and purpose of regulation. Deserved or not, California's reputation as one of the most heavily regulated states in the U.S. makes it a popular object lesson in federal debates over workplace regulation. The state is also not immune to internal conflict over regulation, which replays itself whenever an accident on the job or piece of legislation rises to the public's attention. Whether the specific issue is mandating the use of condoms in pornography or of fitted sheets in hotels, the chief arguments remain the same.

 

Best/Worst States for Business (by J P Donlon, Chief Executive Magazine)

Misguided Attack on California (by Thomas D. Elias, Sonoma Magazine)

 

Pro-Worker and -Consumer Safety

Advocates of workplace regulations, such as those maintained by the Division of Labor Standards Enforcement, argue that these regulations are necessary to keep workers from unnecessary harm. According to pro-labor forces, businesses are more concerned with profit than worker safety, and thus are motivated to keep the flat sheets that lead to hotel workers' stress injuries and to hold to the pornography industry's standard practice of filming actors having condom-less sex.

There are two separate strains of logic to the pro-regulation argument. The first is that costs to business are irrelevant to the public good of protecting employees on the job. Adhering to this line of reasoning, Cal/OSHA engineer Jack Oudiz wrote in his open resignation letter that “the OSH Act did not intend nor require the balancing of worker safety with industry profit.” After an adult film actor tested positive for HIV, public health advocates were likewise unmoved by Larry Flynt's claim that pornography featuring condom use sold relatively poorly.

The second argument is that some regulations actually save money over the long term. The Los Angeles Times' Donald Cohen points out that worries over the cost of replacing hotel's flat sheets with fitted ones fail to take into account savings in workers' compensation costs or the need to buy new sheets annually regardless of regulation.

 

Views of a CalOSHA Inspector (The Pump Handle)

Workplace Safety: Cutting Back on Housekeepers’ Heavy Lifting (by Donald Cohen, Los Angeles Times op-ed)

 

Pro-Business Competitiveness

Business advocates' fundamental argument against regulation is that it hurts the economy. Costs associated with adhering to regulations "penalize" employers, making those able to move to another state more likely to do so and small businesses in particular less likely to thrive. As businesses suffer, so does employment, and with employment, the economy at large.

In 2010, the California State Senate's Republican Caucus released a briefing report on occupational licensing. (Occupational licensing, by which the government sets standards and issues permits for workers in various fields, is carried out by the DIR and multiple other agencies.) The report makes the argument that licensing is not only bad for the economy, but based on dishonest motives. The Republican senators say that licensing is driven by professionals wanting to decrease competition in their fields, rather than real consumer safety concerns. They note that California licenses many more occupations than the average state, and conclude that the licenses must not be necessary. Similar accusations are made of regulations that benefit unions: opponents declare that what is good for unions is not necessarily good for the population at large.

The report on licensing also forwards the idea that many regulations are frivolous, even laughable: surely, it implies, Michigan's "reptile catcher" license can't be important. Similarly, the pending "mattress police" legislation drew criticism from blogger Rebecca Goddard as “ridiculous.”

Members of industries targeted for reform are also prone to arguing that change isn't needed because self-regulation is already in place, or at least possible. Pornography producers, for example, say that their policies of screening actors for infections before filming are effective in preventing disease transmission, obviating any need for condoms.

 

License to Kill Jobs – A Look at Occupational Regulation in California (Republican Caucus, California State Senate)

The Mattress Police May Soon be a Reality (by Rebecca Goddard, Mission Viejo Patch)

Health Advocates, Porn Industry Representatives Debate Workplace Protection (by Lee Romney, Los Angeles Times)

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Former Directors:

John C. Duncan, 2007-2011

John M. Rea, 2004-2007

Chuck Cake, 2002-2004

Stephen J. Smith, 1998-2002

John C. Duncan, 1997-1998

Lloyd W. "Chip" Aubrey, 1992- 1997

Ronald Rinaldi, 1983- 1992. He oversaw the dismantling of Cal/OSHA under Governor  Deukmejian.

Victor Veysey, 1983. He was appointed by Governor Deukmejian but rejected by the Senate. The AFL-CIO said he voted "wrong" on labor issues 82% of the time as a Republican assemblyman from 1963-1971. He was a congressman from 1971-1975.

Don Vial, 1975-1982

H. Edward White, 1973-1974

George W. Smith, 1972 (interim)

William C. Hern, 1968 – 1972

Peter Weinberger, 1968. Beeson’s successor was the older brother of Caspar Weinberger, who eventually became President Ronald Reagan’s Secretary of Defense. He died of a hearth attack at 55, shortly after being appointed.

Albert C. Beeson, 1967-1968. Beeson was well-known in national labor circles when President Eisenhower picked him for the National Labor Relations Board in 1954. His appointment was hotly contested by organized labor, but they lost. United Mine Workers President John L. Lewis called him “Union-Buster Beeson” and Senator John F. Kennedy said of him in 1954, “One Albert C. Beeson, whose conflicting statements, prejudgment of the issues and misrepresentations before our Labor Committee caused all Democratic members to oppose his nomination, joined the Board.” Despite Beeson’s reputation, he didn’t last long as DIR director. Some thought him bumbling and, surprisingly, too cozy with labor. Spencer M. Wilson recollected for an oral history on the times: “He offended the administration. . . . He was dealing a lot with labor and they thought he was too pro-labor. His job brought him in contact with labor and he was trying to get labor to be more Republican oriented. But I think the final blow was when he approved [a] head table where the governor was supposed to be sitting at the same table with Harry Bridges, an alleged Communist. So they thought that was an absolutely stupid thing to do.”

Ernest B. Webb, 1963-1967

Jack Henning, 1959-1962

Edward P. Park, 1958-1959

Ernest B. Webb, 1955-1957

Paul Scharrenberg, 1943-1955

George Kidwell, 1939-1943

Will J. French, 1928-1934. French, born in Auckland, New Zealand, was initially elected chairman of the department’s predecessor, the Department of Labor and Industrial Relations, in 1921. He also lectured on economics at the University of California from 1927-1932.  While director, French wrote the introduction to a controversial 1930 booklet about the threat of Filipinos to the California labor market. He described a “third wave of Filipino immigration” as being too great and implied that the wrong kind of Filipinos were immigrating to the United States. The labor movement had been in decline for a decade and Filipinos were in the forefront of labor organizing.

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Founded: 1927
Annual Budget: $425.1 million (Proposed FY 2012-2013)
Employees: 2,717
Official Website: http://www.dir.ca.gov/
Department of Industrial Relations
Baker, Christine
Director

Christine Baker is the first woman to head the Department of Industrial Relations (DIR). She was appointed director by Governor Jerry Brown and confirmed by the Legislature in May 2012.

Baker earned a master's degree from the School of Education at the University of California, Berkeley.

She served as the chief of the Division of Labor Statistics and Research from 1984 to 1989 and the acting deputy director of the Division of Workers' Compensation from 1990 until the establishment of the Commission on Health and Safety and Workers' Compensation in 1994. Baker was the executive officer of the commission from its inception until her appointment by Governor Brown.

Baker serves as the vice president of the International Association of Accident Boards and Commissions and has a long history as a member of advisory committees and research groups concerning workers' compensation policy.

In April 2011, Governor Brown appointed her chief deputy director of the DIR.

 

Christine Baker, Director of Industrial Relations (Official biography)

Governor Brown Announces Appointments (Governor's website)

About the Colloquium Co-chairs (DIR website)

Baker Appointed to Head California's Department of Industrial Relations (Risk & Insurance)

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