California’s Commission on Health and Safety and Workers’ Compensation

California’s Labor Code, in Division 1, Chapter 3, creates the Commission on Health and Safety and Workers’ Compensation (CHSWC), which was enacted in 1993 by Chapter 227. Labor Code Section 75 provides that there is in the Department of Industrial Relations the Commission on Health and Safety and Workers’ Compensation. The CHSWC is composed of eight voting members, with four voting members representing organized labor and four voting members representing employers.

In addition, there is not more than one employer member can represent public agencies. Two of the employer members and two of the labor members are appointed by the Governor. In addition, the Senate Committee on Rules and the Speaker of the Assembly each appoint one employer and one labor representative. The public employer representative is appointed by the Governor.

 No action of the commission is valid unless agreed to by a majority of the membership and by not less than two members representing organized labor and two members representing employers. The chairpersonship rotates each year between a labor representative and an employer representative. Their terms are for four years. The Commission generally meets every other month and members receive $100 per day for attendance at meetings and other official business.

Section 76 authorizes the commission to employ officers, assistants, experts, and other employees it deems necessary. All personnel of the commission are under the supervision of the chair or an executive officer to whom he or she delegates this responsibility. All personnel are appointed pursuant to the State Civil Service Act.

Section 77 requires the commission to conduct a continuing examination of the workers’ compensation system, and of the state’s activities to prevent industrial injuries and occupational diseases. All state departments and agencies, and any rating organization licensed by the Insurance Commissioner, are required to cooperate with the commission and upon reasonable request provide information and data in their possession that the commission deems necessary for the purpose of carrying out its responsibilities.

Moreover, the commission is required to issue an annual report on the state of the workers’ compensation system, including recommendations for administrative or legislative modifications which would improve the operation of the system. The report must be made available to the Governor, the Legislature, and the public on request.

Section 77.5 requires the commission to conduct a survey and evaluation of evidence-based, peer-reviewed, nationally recognized standards of care, including existing medical treatment utilization standards, including independent medical review, as used in other states, at the national level, and in other medical benefit systems.

Section 77.8 requires the commission to conduct a study of the impacts claims of COVID-19 have had on the workers’ compensation system, including overall impacts on indemnity benefits, medical benefits, and death benefits, including differences in the impacts across differing occupational groups.

Section 78 requires the commission to review and approve applications from employers and employee organizations, as well as applications submitted jointly by an employer organization and an employee organization, for grants to assist in establishing effective occupational injury and illness prevention programs.