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California Legislation

This is an H3

California has three laws that address the UV exposure of students and outdoor workers.

The California State PTA also has passed a resolution acknowledging the importance of sun safety at schools.

Billy’s Bill for Sun Safety
California Education Code, Section 35183.5

Summary: Schools are required to allow students to wear sun-protective clothing, including hats, while students are outdoors during the school day. Schools must also allow students to use sunscreen without a physician’s note or prescription during the school day.

What does this mean for your district? Billy’s Bill for Sun Safety affects school districts directly. With its passage, several barriers to students’ sun safety have been overcome, and schools can address sun safe clothing along with its other dress code specifications.

Allowing students to wear sunscreen is also an important measure. A great way to encourage student sunscreen use is to provide a few minutes before recess or outdoor physical education classes for students to apply sunscreen.

Read the full text of Billy’s Bill for Sun Safety.

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Liability for Employers of State Employed Lifeguards
California Labor Code, Section 3212.11

Summary: This law provides that lifeguards who develop skin cancer during the period of their employment with public agencies or the California Department of Parks and Recreation are eligible for workers’ compensation.

What does this mean for you? Ultraviolet radiation, a carcinogen, is a health risk that some employees regularly encounter during their work day. While this law does not relate to school regulations, its implications do. It is possible that state and other employees who spend excessive time outdoors will be eligible for workers’ compensation if they develop skin cancer. In other words, it may be in the school's best interest to educate staff about their responsibility and skin cancer prevention strategies.

Read the full text of Section 3212.11 of the California Labor Code.

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Filante Tanning Facility Act of 1988, amended 2004
California Business and Professions Code, Sections 22700-22708

Summary: Children less than 14 years of age are prohibited from using tanning devices in tanning facilities in California. Children between the ages of 14 and 18 must have a parent or guardian’s written permission.

What does this mean for you? This law affects school-age children and therefore may have an effect on some school decisions. Many schools allow tanning facility advertisements in schools and in school publications. Tanning devices are not only illegal for children under 14, but are also carcinogenic. If your district restricts advertising for cigarettes or alcohol, tanning facilities should not be overlooked. Protect student health by creating a policy that limits or bans tanning facility advertisements or coupons in schools.

Read the full text of the Filante Tanning Facility Act.

California School Nurses Association, Position Statement on Sun Protection

Summary: Credentialed school nurses should assist students, their families and staff in developing healthful life styles that can reduce the potential risk for ultraviolet-related illnesses and should also assist the district in policy development, which supports the wearing of sun-protective clothing and use of sunscreen in compliance with education code.

Read the full text of the California School Nurses Association Position Statement on Sun Protection

California State PTA, Sun Safety: Skin Cancer Prevention Measures as School

Summary: The California State PTA has acknowledged that overexposure to ultraviolet light is a hazard for students. Resolutions encourage development of sun safety guidelines, and for units, councils and districts to collaborate with their local school districts to ensure that sun-safety policies are implemented.

Read the full text of Sun Safety: Skin Cancer Prevention Measures as School

California Senate Concurrent Resolution No. 25: Relative to safety in employment

Summary: This resolution urge employers to ensure that their injury prevention programs and other systems for identifying and correcting workplace hazards consider the effects of ultraviolet radiation and ensure that skin cancer prevention policies for outdoor workers are put into operation.

Read the full text of Senate Concurrent Resolution No. 25.

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Promoting Sun Safety in California Elementary Schools.

Sun Safe Schools Home Page