California has long placed more focus than most on issues such as energy efficiency and chemical handling. And the historic drought that spanned five years and just recently ended put the state on high alert with regard to policing water use. In fact, multiple agencies are collaborating to develop at least one state-wide code that would set out limitations.
But the California Pool & Spa Association is beginning to feel like the industry it represents sits squarely in the cross hairs of the state.
"I think it is fair to say that there are a number of serious issues that have the potential to do the swimming pool and spa industry significant damage, if not endanger the largest pool market in the world," said CPSA Executive Director John Norwood in a letter to the organization's members.
The Department of Pesticide Regulation, after conducting a study concerning illness and injury caused by the use of chlorine products, considered requiring pool maintenance firms to gain a license from the agency. For now, that suggestion was sidestepped, and the state will instead focus on promoting education about wearing personal protective equipment when dosing the chemical.
Additionally, the state is considering bills that CPSA believes will pose unnecessary constraints on business. "The number of regulations has ballooned in recent years, leaving small business owners struggling to keep up and living under a cloud of potential lawsuits if they are not all followed to the letter," Norwood said.
He pointed to a handful of labor bills currently up for consideration.
- AB 1008: This bill, known as the Ban the Box initiative, proposes that employers be banned from asking potential new hires about their criminal history. "Proponents of the bill argue that such practices are discriminatory, but the business coalitions that oppose it state that it takes the wrong approach to tackling discrimination by putting the burden of risk and liability on the business owners," Norwood said.
- AB 168: If this legislation passes, employers can no longer request a salary history from job applicants. CPSA believes such a law would expose companies to more risk of litigation. "Considering that hiring competent employees in large enough numbers to meet the growing demand for pool construction is an issue plaguing the industry, the last thing that the pool and spa industry needs is anything making the process more difficult," Norwood said.
- AB 450: As previously reported in PSN, this bill would require employers to prohibit Immigration and Customs Enforcement agents from entering the workplace without a warrant. "This bill would place employers in a no-win situation between federal and state authorities, guaranteeing that no matter what course of action they take, they will be violating a law of some form," Norwood said.
All three bills have passed through the Assembly and moved to the Senate.