California bill will help protect nannies and cleaners

California households that employ janitors or babysitters may soon be required to meet safety standards similar to other jobs, under a bill proposed in the state legislature.

Domestic workers in California do not have the same safety measures that are required by law for many employees in case they get injured or sick on the job. A bill by Democratic Senator Maria Elena Durazo, hired by private employers to do domestic work, provides protection under the California Occupational Safety and Health Act. The law will not apply to domestic work paid by the state.

On Wednesday, domestic workers traveled from across California to show their support for the law at the State Capitol, where some held a sign in Spanish that read “Everyone Deserves a Safe Job.”

Durazo, representing downtown Los Angeles, noted the symbolism of the gathering on the first day of Women’s History Month. She said she hopes lawmakers will take action to protect a sector of the workforce made up primarily of women of color.

“Women’s work should be treated as importantly as any other job,” she said.

The Economic Policy Institute estimates in 2020 that almost 92% of domestic workers in the United States are women, and more than half of those are black, Hispanic, or Asian American.

“Homework is important work and these workers deserve all the rights and protections given to workers in other industries,” said Anna Pisarello, a teacher who hires a nanny to look after her two children.

In recent years, advocates of these types of protection have made strides in improving the safety of domestic workers, who have been hard hit during the pandemic and are particularly vulnerable to injury or illness at work.

In New York, Democratic Gov. Kathy Hochul signed into law a bill in 2021 protecting these workers under the state’s human rights law. But in Virginia, lawmakers tried and failed that same year to pass a bill that would include these workers in the worker protection law.

In California, Democratic Gov. Gavin Newsom vetoed a similar bill in 2020, citing private employers’ obligation to comply with the state’s worker safety law. In 2021, he signed into law an advisory committee that submitted a list of recommendations to the Legislature in January that included a financial assistance program to help employers meet the cost of securing their home for work.

If the bill introduced last month becomes law, then by July 1, 2024, the state Department of Occupational Safety and Health will have to develop standards to help employers comply. Employers will then have to comply with the rules until January 1, 2025. The legislation will also create a grant program for employers who can use the money to make sure their home is safe for workers.

Marta Herrera, who cleans houses and takes care of children in San Francisco, said she used to look after a girl with autism when she was 4 to 8 years old. According to her, this included bathing and being carried to the bathroom. Once the girl almost fell in the shower, and Herrera rushed to catch her. As a result, Herrera began to feel pain in her lower back.

She said that after Herrera’s employers paid her for the job and gave her $300 for medicine, she was unable to work for three months because of the pain.

“The experience has motivated me to continue fighting for the rights of domestic workers,” said Herrera, who is also a member of the Domestic Workers Policy Advisory Committee.

Mariko Yoshihara, a lawyer and policy director for the California Employment Lawyers Association, said domestic workers should have received such protection a long time ago.

“The fact that our health and safety laws have one definitive exception specifically for domestic workers is simply unfair,” she said.

Sophie Austin is a member of the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on hidden issues. Follow Austin on Twitter: @sophieadanna