California Constitution, article XIV, section 4 (article XIV, section 4) grants the Legislature plenary power to create a complete system of workers' compensation. As defined in the Constitution, the workers' compensation system includes a "full provision for securing safety in places of employment." Appellants are individual farmworkers
In this case, we must determine if appellants have stated a cause of action for a violation of article XIV, section 4. That determination turns on whether article XIV, section 4 is self-executing, meaning that the constitutional provision is so complete with respect to the nature of the right and the means to enforce it that no further action by the Legislature is necessary. We conclude that article XIV, section 4 is not self-executing insofar as it is a source of a judicially enforceable right. Rather, the constitutional provision directs the Legislature to create and enact, through appropriate legislation, a complete system of workers' compensation, which includes enacting safety laws. We also conclude that appellants' request for declaratory and injunctive relief violates the separation of powers doctrine as appellants ask this court to divest the legislative and executive branches of discretion to promulgate and enforce safety and health regulations. We affirm the superior court's judgment of dismissal.
Article XIV, section 4 grants the Legislature "plenary power" to create a complete system of workers' compensation.
Pursuant to the plenary power granted by article XIV, section 4, the Legislature has enacted a comprehensive statutory scheme governing workers' compensation law. (Lab. Code, § 3200 et seq.) This plenary grant of authority permits the Legislature to enact, amend, and repeal workers' compensation laws as it deems appropriate. (See DuBois v. Workers' Comp. Appeals Bd. (1993) 5 Cal.4th 382, 388 [20 Cal.Rptr.2d 523, 853 P.2d 978]; Rio Linda Union School Dist. v. Workers' Comp. Appeals Bd. (2005) 131 Cal.App.4th 517, 527 [31 Cal.Rptr.3d 789].)
The Legislature also has enacted, pursuant to its plenary power, a statutory scheme known as the California Occupational Safety and Health Act of 1973 (the Act) (Lab. Code, § 6300 et seq.) to assure "safe and healthful working conditions for all California working men and women" through enforcement of effective regulations. (Lab. Code, § 6300.) The Act is administered by three agencies, including the Standards Board. (Lab. Code, §§ 6302, 6305, 6307.) The Standards Board is appointed by the Governor, and its primary responsibility is to adopt, amend, and repeal occupational safety and health standards. (Lab. Code, §§ 140, subd. (a), 142.3, 6305.) The Standards Board is the only agency in the state authorized to adopt occupational safety and health standards. (Lab. Code, § 142.3, subd. (a)(1).) The DIR is responsible for administering the state plan for the development and enforcement of occupational safety and health standards. (Lab. Code, §§ 50.5, 50.7, subd. (a).) The DIR also administers the workers' compensation system. (Lab. Code, §§ 50, 50.7, 56.)
In 2005, the Standards Board promulgated the heat illness prevention regulation, which applies to all outdoor places of employment. (§ 3395,
Appellants advocated improvements to the existing heat illness prevention regulation, met with state officials, and provided detailed recommendations for improvements to section 3395. (See Lab. Code, §§ 142.2 [consideration of proposed new orders or standards], 142.3 [adoption, amendment or repeal of standards and orders].) Appellants claim these efforts were "futile," and they were "left with no choice but to ask the Court to require the State to take action to prevent more farm workers from suffering serious heat illness or dying."
The operative first amended complaint (complaint) asserts a violation of article XIV, section 4. The complaint alleges there is a constitutional duty on the part of the state to create a workers' compensation system that adequately protects the safety of farmworkers in California. The state allegedly has failed to satisfy its constitutional duty by (1) failing to adopt adequate requirements for monitoring heat stress; (2) failing to impose mandatory requirements on the growers; (3) failing to structure an effective enforcement system; (4) failing to issue citations and impose adequate penalties; and (5) failing to make penalties meaningful. The complaint seeks a declaration that the state, the DIR, and the Standards Board "have failed reasonably and adequately to perform their constitutional duty to create and enforce a system of workers' compensation that makes full provision for securing the safety of farm workers against heat-related illness or death," thereby violating plaintiffs' constitutional rights. The prayer for injunctive relief seeks a mandate that the state, through the DIR and the Standards Board, create and enforce a system of workers' compensation that "makes full provision for securing the safety of farm workers against heat-related illness or death."
The trial court sustained a demurrer to this cause of action, ordering the dismissal of the state, the DIR, and the Standards Board. Appellants' appeal followed.
This appeal presents two constitutional issues affecting the viability of appellants' lawsuit against the state and the named state agencies. First, we must determine whether article XIV, section 4 is self-executing, meaning no legislative action is necessary to enforce that constitutional right. Second, we
As noted, appellants do not challenge the legislative authority of the Standards Board to adopt safety standards or the constitutionality of the heat illness prevention regulation promulgated by the Standards Board. Rather, they attack the state and the named state agencies (DIR, Standards Board) for failing to perform their constitutional duty under article XIV, section 4 to create a workers' compensation system that secures the safety of farmworkers.
Article XIV, section 4 grants the Legislature plenary power, unlimited by any provision of the California Constitution, to create and enforce a complete system of workers' compensation, by appropriate legislation. The grant of "plenary power," gives the Legislature complete, absolute, and unqualified power to create and enact the workers' compensation system. (Webster's 3d New Internat. Dict. (1971) p. 1739.) The Constitution defines a complete system of workers' compensation, to include a "full provision for securing safety in places of employment." (Art. XIV, § 4.) Additionally, the Legislature must enact, again by appropriate legislation, an administrative body to determine any dispute arising under such legislation, and to provide for the settlement of any dispute arising under such legislation. The Legislature "may combine in one statute" all the provisions that define this system of workers' compensation. (Ibid.) Thus, article XIV, section 4 specifically authorizes the Legislature to pass legislation that secures safety in places of employment.
From this constitutional grant of authority, the Legislature has enacted workers' compensation laws (Lab. Code, § 3200 et seq.) and occupational health and safety laws (Lab. Code, § 6300 et seq.), including Labor Code section 142.3, which gives the Standards Board the sole authority to implement safety standards.
Equally unavailing is appellants' argument, which focuses on the clause "binding upon all departments of the State government," in article XIV, section 4 to support their contention that the provision was intended to be enforced without legislation. Appellants contend this clause would be "meaningless surplusage if the [constitutional] provision gave the state complete discretion whether to provide the worker protections that article XIV, section 4 requires." We reject this argument because it misconstrues the language in article XIV, section 4.
To the extent that article XIV, section 4 states a public policy, it does not create an affirmative duty on the part of the state. (See Clausing v. San
Appellants next contend that despite the legislative directive in article XIV, section 4, the constitutional provision is self-executing because the directive is not mandatory, and article XIV, section 4 does not confer a new constitutional right. This contention is based upon a misreading of Flood v. Riggs, supra, 80 Cal.App.3d 138 and People v. Vega-Hernandez (1986) 179 Cal.App.3d 1084 [225 Cal.Rptr. 209].
Flood v. Riggs, supra, 80 Cal.App.3d 138, held that despite a mandatory directive to the Legislature, article II, section 4, of the California Constitution was self-executing. (Flood v. Riggs, supra, at pp. 154, 155.) At issue was the constitutional provision, stating "`[t]he Legislature . . . shall provide for the disqualification of electors while . . . imprisoned or on parole for the conviction of a felony.'" (Id. at p. 144.) The mandatory directive was "purposeless," because the constitutional provision "adequately set[] forth the rule through which the duty imposed may be enforced." (Id. at p. 155.) The constitutional provision described that paroled felons were not entitled to vote and legislation was not necessary to make the provision operative. "`Although a constitutional provision may be self-executing the Legislature may enact legislation to facilitate the exercise of the powers directly granted by the Constitution. . . .'" (Id. at p. 154.)
People v. Vega-Hernandez, supra, 179 Cal.App.3d 1084, also focused on the mandatory directive to the Legislature. In Vega-Hernandez, the court determined that article I, section 28, former subdivision (b) of the California Constitution, unlike the constitutional provision in Flood, was not self-executing. The constitutional provision directed the Legislature to "`adopt provisions to implement this section during the calendar year following adoption of this section.'" (People v. Vega-Hernandez, supra, at p. 1092.) In analyzing this language, the court distinguished Flood, discussing the newly conferred right of a crime victim to restitution, but only insofar as the nature and means to enforce the right was not set forth in the constitutional provision. (Id. at pp. 1096-1099.) "Because section 28(b) directs the Legislature to adopt implementing legislation, and because that constitutional provision does not so completely define the nature of the right it newly confers nor the means of enforcing that right as to render the directive to the Legislature insignificant, section 28(b) is not a self-executing constitutional provision." (Id. at p. 1099.)
Citing Katzberg v. Regents of University of California (2002) 29 Cal.4th 300 [127 Cal.Rptr.2d 482, 58 P.3d 339] in their reply brief, appellants further contend that the self-executing analysis differs depending upon the relief sought. Katzberg addressed whether a plaintiff may maintain an action for damages based on a violation of his due process liberty interests under article I, section 7, subdivision (a) of the California Constitution. (Katzberg v. Regents of University of California, supra, at p. 303.) The question posed in Katzberg was not whether the due process clause was self-executing. The California Supreme Court made the distinction that "`the argument over damages'" is often incorrectly cast as a question of whether the constitutional provision is self-executing. (29 Cal.4th at p. 307, fn. 4.) After making the distinction that the self-executing analysis focuses on whether a constitutional provision is judicially enforceable, the Katzberg court decided the damages question. (Id. at p. 317.)
We are not concerned with the damages question for the violation of a constitutional right, and we do not confuse that question with whether article XIV, section 4 is self-executing. It is true that both Clausing v. San Francisco Unified School Dist., supra, 221 Cal.App.3d 1224 and Leger v. Stockton Unified School Dist. (1988) 202 Cal.App.3d 1448 [249 Cal.Rptr. 688], addressed a related Katzberg issue, that is, whether the plaintiffs could maintain an action for damages to remedy asserted violations of the "right to safe schools" provision in article I, section 28, former subdivision (c) (now art. I, § 28, subd. (f)(1)) of the California Constitution.
We read article XIV, section 4 as defining the necessary provisions for a complete workers' compensation system, and leaving it up to the Legislature to enact laws to give effect to each provision, including "securing safety in . . . employment." (See Facundo-Guerrero v. Workers' Comp. Appeals Bd. (2008) 163 Cal.App.4th 640, 651 [77 Cal.Rptr.3d 731] [Legislature may limit employees' chiropractic treatments]; Rio Linda Union School Dist. v. Workers' Comp. Appeals Bd., supra, 131 Cal.App.4th at p. 526 [Legislature may limit employees' statutory right to benefits]; see also Six Flags, Inc. v. Workers' Comp. Appeals Bd. (2006) 145 Cal.App.4th 91, 95-96 [51 Cal.Rptr.3d 377] [Legislature may not expand its constitutional authority to provide death benefits to deceased worker's estate].) The Legislature must act to fulfill its constitutional mandate to create the workers' compensation system, and the judicially enforceable rights are the laws it enacts.
We reject appellants' contention that article XIV, section 4 contains "line after line," establishing enforceable rules. Article XIV, section 4 defines the workers' compensation system, and leaves it to the Legislature to enact appropriate legislation. If appellants are right, there would be no need for the Labor Code provisions (Lab. Code, §§ 3200-6208, 6300-6719), and the safety standards in title 8 of the California Code of Regulations. Moreover, in the "line after line" of enforceable rules of article XIV, section 4, there is no reference to any specific heat illness prevention laws or any other occupational safety and health laws.
We find appellants' attempt to distinguish Clausing v. San Francisco Unified School Dist., supra, 221 Cal.App.3d 1224, inapposite. Clausing held the "inalienable right to attend [school] campuses which are safe, secure and peaceful," in article I, section 28, former subdivision (c) (now art. I, § 28, subd. (f)(1)) of the California Constitution was not self-executing because it
Appellants next contend courts are capable of enforcing broad rights such as "securing safety in places of employment," as courts are frequently asked to enforce statutes and regulations with broad terms such as "reasonable accommodations," "adequate information," and "sufficient period of time." Unlike article XIV, section 4, directing the Legislature to enact safety laws as part of a workers' compensation system, the phrases appellants cite are legislative actions that required the court's interpretation to determine legislative intent. (See Ford Dealers Assn. v. Department of Motor Vehicles (1982) 32 Cal.3d 347, 356 [185 Cal.Rptr. 453, 650 P.2d 328] [challenge to five regulations on various statutory and constitutional grounds]; Alford v. County of San Diego (2007) 151 Cal.App.4th 16, 20, 32-36 [59 Cal.Rptr.3d 596] [challenge to the county standards that were inconsistent with the enabling statute]; Bagatti v. Department of Rehabilitation (2002) 97 Cal.App.4th 344, 362 [118 Cal.Rptr.2d 443] [determination of employer's duty to provide reasonable accommodations]; Yeroushalmi v. Miramar Sheraton (2001) 88 Cal.App.4th 738, 750 [106 Cal.Rptr.2d 332] [determination that consumer advocates' notices for purposes of civil enforcement of the Safe Drinking Water and Toxic Enforcement Act of 1986 (Health & Saf. Code, § 25249.5 et seq.) were inadequate].) If the Legislature passes a safety law under its constitutional authority to create and enact a workers' compensation system, the court's role is to interpret the legislation consistent with the legislative intent. But, that is not this case.
Although we need not resort to extrinsic aids, our conclusion that article XIV, section 4 is not self-executing is bolstered by the legislative history. Mathews, supra, 6 Cal.3d 719 presents an extensive history of the evolution of the workers' compensation laws. (Id. at pp. 728-736.) Appellants read this legislative history as supporting their position that a constitutional provision is self-executing unless it confers a new right. This is so, according to appellants, because Mathews referred to article XIV, section 4 as removing "all doubts as to the constitutionality of the then existing workmen's compensation statutes." (Mathews, supra, at pp. 734-735.) We disagree with appellants' conclusion.
To understand the Mathews court's statement, we briefly review that court's summary of the legislative history of what is now article XIV, section 4. As Mathews explains, in 1911, the Legislature adopted a voluntary system of what was then known as workmen's compensation. (Mathews, supra, 6 Cal.3d at p. 729.) The legislation was commonly referred to as the Roseberry Act. One month after the Roseberry Act became effective, section 21 of article XX
In 1917, the Legislature, exercising its constitutional authority, revised the existing workers' compensation laws. (Mathews, supra, 6 Cal.3d at pp. 731-732.) "The same month that the 1917 act was approved, the Legislature . . . recommended to the voters an amendment of section 21 of article XX [(now art. XIV, § 4)] . . . [that] was intended to remove all doubts as to the constitutionality of then existing workmen's compensation laws." (Id.
Based upon this review of the legislative history, the constitutional amendment intended to remove all doubts as to the constitutionality of the Legislature's authority to enact a workers' compensation system. It further clarified and expanded the scope of the Legislature's constitutional authority to enact safety legislation as part of a complete system of workers' compensation. (Mathews, supra, 6 Cal.3d at pp. 733-735 & fn. 11; see also City and County of San Francisco v. Workers' Comp. Appeals Bd. (1978) 22 Cal.3d 103, 113-115 [148 Cal.Rptr. 626, 583 P.2d 151].) The Mathews court's reference to then existing workers' compensation laws confirmed that existing laws were not subject to a constitutional attack for lack of implementing authority. (Mathews, supra, at p. 733, fn. 11 ["`This amendment is a necessary amplification and definition of the constitutional authority vested in the legislature by the amendment to the Constitution adopted October 10, 1911, to enable the enactment of a complete plan of workmen's compensation, which amendment failed to express sanction for the requisite scope of the enactment to make a complete and workable plan.'"].)
Appellants alternatively contend the trial court erred in concluding that the relief sought violated the separation of powers doctrine. As noted, appellants brought this action because their efforts before the Standards Board to change the heat illness prevention regulation were "futile." The manner in which occupational safety and health standards are amended is within the province of the legislative and executive branches of government.
Citing numerous cases, appellants contend it is the appropriate role of the court to review the constitutionality of statutes and regulations. (See, e.g., Six Flags, Inc. v. Workers' Comp. Appeals Bd., supra, 145 Cal.App.4th at pp. 95-96, 105-108 [statute authorizing payment of death benefits to deceased employee's estate was unconstitutional under art. XIV, § 4]; see also Association for Retarded Citizens v. Department of Developmental Services (1985) 38 Cal.3d 384, 391-392 [211 Cal.Rptr. 758, 696 P.2d 150] [administrative acts not authorized by the Legislature are void]; Conservatorship of Hofferber (1980) 28 Cal.3d 161, 176-178 [167 Cal.Rptr. 854, 616 P.2d 836] [civil conservatorship procedures violated due process and equal protection clauses of the Cal. Const.].) We agree with that proposition. Appellants, however, do not ask this court to determine if the heat illness prevention regulation is consistent with the constitutional authority conferred to the Legislature, or to determine that the statute authorizing the Standards Board to promulgate regulations is constitutional. Rather, appellants ask this court to intrude on the legislative and executive branches by declaring that they need to improve the heat illness prevention regulation.
Appellants cite California Lab. Federation v. Occupational Safety & Health Stds. Bd. (1990) 221 Cal.App.3d 1547 [271 Cal.Rptr. 310], and Henning v. Division of Occupational Saf. & Health (1990) 219 Cal.App.3d 747 [268 Cal.Rptr. 476], to support their contention that courts "routinely review the sufficiency of agency regulations and, when necessary, order the agency to adopt new regulations." Neither case required the court to determine if an existing regulation promulgated by an administrative agency was adequate, and if not, to direct the agency to implement further regulations. Henning v. Division of Occupational Saf. & Health concluded that part of an asbestos-related work regulation promulgated by the Division of Occupational Safety and Health conflicted with the governing statute and was void. (Henning v. Division of Occupational Saf. & Health, supra, at pp. 760-763.) In California Lab. Federation v. Occupational Safety & Health Stds. Bd., no standard existed and the court concluded that the Standards Board had a ministerial duty to create one. The court, however, stated: "The Board may exercise its discretion in fashioning such standards and is not required to simply adopt" the federal standards. (California Lab. Federation v. Occupational Safety & Health Stds. Bd., supra, at pp. 1556-1559.)
Like Zetterberg, the separation of powers doctrine is implicated here, and appellants do not persuade us otherwise. While the prayer for declaratory relief differs from Zetterberg, appellants seek the court's intervention to direct the state, through the DIR and the Standards Board, to enact safety measures that offer greater protection to farmworkers than the protections offered to all outdoor workers in the current regulations. We are not expressly asked to rewrite the current heat illness prevention regulation, but this request, unlike California Lab. Federation v. Occupational Safety & Health Stds. Bd., necessarily requires the court to determine in the first instance that the current heat illness prevention regulation is not adequate. We cannot formulate a decree that addresses the wisdom of the policies embodied in the existing regulation simply because appellants perceive the solution to preventing heat illnesses among farmworkers differently from the Standards Board, the agency entrusted by the Legislature to adopt safety standards.
Amici curiae present anecdotal evidence of heat-related illnesses and the risk to California farmworkers, which was not part of the record before the trial court. We applaud the efforts to raise awareness of a potentially life-threatening situation that affects California farmworkers and all outdoor employees working in extreme heat, but this advocacy is better directed to the Legislature to act, or to the Standards Board, the administrative body the Legislature has entrusted to promulgate safety regulations. Appellants' frustration before the Standards Board is not a basis for this court to take over for the legislative and executive branches. Thus, the complaint was properly dismissed on these alternative grounds.
The judgment of dismissal is affirmed. The parties are to bear their own costs on appeal.
KLEIN, P. J., and CROSKEY, J., concurred.