Rest periods: petroleum facilities: safety-sensitive positions.

Assembly Member Gipson's labor code amendment permanently extends rest period exemptions for safety-sensitive positions at petroleum facilities while expanding coverage to include alternative fuel refineries. The measure builds upon temporary provisions that currently allow these employees to monitor communication devices and respond to emergencies during mandated breaks.

Under the legislation, employers must authorize another rest period promptly after emergency interruptions or provide one hour of additional pay at regular rates when circumstances prevent break rescheduling. The exemption applies only to employees covered by qualifying collective bargaining agreements that specify wages, hours, working conditions, rest periods, and dispute resolution procedures. These agreements must also guarantee overtime premium pay and hourly rates at least 30 percent above the state minimum wage.

The bill defines safety-sensitive positions as jobs requiring emergency response capabilities at petroleum facilities - including refineries, terminals, and plants involved in processing crude oil and petroleum products - or at facilities producing fuel from alternative feedstock. Employers must document any owed compensation for interrupted rest periods in itemized wage statements. The provisions exclude cases filed before the effective date and apply exclusively to workers under Industrial Welfare Commission Wage Order No. 1.