2530.
For purposes of this part, the following definitions shall apply:(a) “Grocery establishment” is as defined in Section 2502.
(b) “Manual checkout station” means a station that is not a self-service checkout station and at which an employee provides human assistance to a customer scanning, bagging, or accepting payment for the customer’s purchases.
(c) “Retail drug establishment” means a person, including an individual, a corporation, a partnership, a limited partnership, a limited liability partnership, a limited liability company, a business trust, an estate, a
trust, an association, a joint venture, a proprietorship, a joint venture, an agency, an instrumentality, a corporate officer, an executive, or any other legal or commercial entity, whether domestic or foreign, that has one 75 or more businesses or establishments located within the state and is identified as a retail business or establishment in the North American Industry Classification System within the retail trade category 45611.
(d) “Self-service checkout” means an automated process that enables customers to scan, bag, and pay for their purchases without human assistance.
(e) “Self-service checkout
station” means a station at which a customer can engage in a self-service checkout for the customer’s purchases.
2531.
(a) A grocery establishment or retail drug establishment shall not provide a self-service checkout option for customers unless all of the following conditions are satisfied:(1) At least one manual checkout station is staffed by an employee of the establishment who is available to any given customer at the time that a self-service checkout option is made available to that customer.
(2) (A) Self-service checkouts are limited to purchases of 10 or fewer items.
(B) The establishment shall include signage within the self-service
checkout area indicating that only 10 or fewer items are permitted through the self-service checkout station.
(3) Customers are prohibited from using self-service checkout to purchase either of the following:
(A) Items that require customers to provide a form of identification, including, but not limited to, alcohol and tobacco products.
(B) Items subject to special theft-deterrent measures, including, but not limited to, locked cabinets and electronic article surveillance tags, that require the intervention of an employee of the establishment for the customer to access or purchase the item.
(4) (A) No more than two self-service checkout
stations are simultaneously monitored by any one employee of the establishment.
(B) An employee shall be relieved from all other duties when monitoring a self-service checkout station, including, but not limited to, operating a manual checkout station.
(b) A grocery establishment or retail drug establishment that offers self-service checkout shall include self-service checkout in their analysis of potential work hazards for purposes of their injury and illness prevention programs required by Section 3203 of Title 8 of the California Code of Regulations.
2532.
(a) For purposes of this section, “worker and consumer impact assessment” means a study evaluating the potential negative effects on employees, consumers, or the public of a new or modified workplace technology that significantly affects the essential job functions of employees, eliminates jobs or essential job functions of employees, or that enables self-service by customers. A worker and consumer impact assessment shall include all of the following:(1) A detailed description of the workplace technology, its intended purpose, and justification for adoption by the employer.
(2) A description of the data used by the
technology, including the specific categories of data that will be processed as input and any data used to train the technology.
(3) The number of employees, identified by job classification, whose duties would be affected by the workplace technology, as well as a description of how the duties of employees in each job classification would be affected.
(4) The number of jobs, identified by job classification, that would be eliminated by the workplace technology.
(5) The number of work hours, identified by job classification, that would be eliminated by the workplace technology.
(6) The total amount of salaries and benefits that would be eliminated as a result
of the workplace technology.
(7) A description of the potential gaps in skills of employees affected by the workplace technology that may result from the workplace technology.
(8) The total amount budgeted for, and descriptions of, training and retraining programs for affected employees.
(9) An analysis of whether there will be human oversight of the workplace technology.
(10) An analysis of the potential effect of the workplace technology on consumers, including any barriers to access that the technology could create for certain populations of consumers, including, but not limited to, seniors, the disabled, the unbanked, those without access to appropriate
technology, youth, or other vulnerable populations.
(11) An analysis of the potential health and safety hazards created for employees, customers, or the public at large by the
workplace technology and what measures the employer will take to mitigate those potential hazards.
(12) What data will be collected from employees and consumers by the workplace technology and whether they will have the option to opt-out of personal data collection.
(b) A grocery establishment or retail drug establishment that develops, procures, uses, or otherwise implements artificial intelligence, automation, or any new or modified technology that significantly affects the essential job functions of its employees, eliminates jobs or essential job functions of its employees, or that enables self-service by its customers shall complete a worker and consumer impact assessment before implementing the technology. The grocery establishment or retail drug establishment shall
notify and solicit input from its employees potentially affected by the workplace technology, or their collective bargaining representative, at least 60 days before drafting the worker and consumer impact assessment.
(c) The worker and consumer impact assessment shall be provided to employees potentially affected by the workplace technology, or their collective bargaining representative, 60 days before implementation of the workplace technology. The grocery establishment or retail drug establishment shall also post a copy of the worker and consumer impact assessment in a location accessible to its employees and customers before, and for at least 90 days following, implementation of the workplace technology.