Decoding SB 476: Employer Responsibilities and the Food Handler Card

For anyone working in California's vast food industry, the food handler card has always been an essential element. It ensures that those handling our food are trained and certified to maintain the highest standards of hygiene and safety. But who should bear the costs associated with obtaining this card? The newly passed SB 476 offers clear directives on this front, placing the financial responsibility squarely on the shoulders of employers.

Key Provisions of SB 476:

1. Employer-Paid Costs: One of the main highlights of SB 476 is that it mandates employers to cover all costs associated with an employee obtaining a food handler card. This not only includes the fees for the certification program but also compensation for the time an employee spends in training.

2. Training Hours = Work Hours: The bill underscores that the duration an employee spends on the food handler certification program is to be regarded as “hours worked”. This means employees are entitled to be paid for this time, just as they would be for any other work-related task.

3. No Pre-Condition for Employment: SB 476 establishes a crucial protection for job seekers in the food industry. Employers are now prohibited from making an existing food handler card a pre-condition for employment. This ensures that potential employees are not at a disadvantage if they haven't had the opportunity to obtain their card prior to seeking a job.

Implications for Employers and Employees:

For employers, this bill represents an added expense, but it also ensures that their staff are trained to uniform standards, potentially reducing liabilities associated with food safety incidents. It emphasizes the employer's responsibility in ensuring that their employees are adequately equipped with the necessary training to perform their roles.

For employees, SB 476 offers financial relief. Not only are they spared the cost of the food handler certification, but they are also compensated for the time they invest in the training. Furthermore, the prohibition on making the food handler card a pre-condition for employment levels the playing field for those entering the industry.

Conclusion:

SB 476, by amending Section 113948 of the Health and Safety Code, brings about a significant shift in how the food industry in California approaches the crucial issue of food handler certification. While employers will need to adjust to the financial implications, the overall goal remains steadfast: ensuring that every individual in the food handling chain is trained, certified, and ready to uphold the highest standards of food safety. As the state continues to prioritize the health and well-being of its residents, such legislative moves reinforce the commitment to safe and hygienic food practices for all.