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inadequacies. Reports and recommendations by SPB must be accessible, understandable, and translated as appropriate for the public and the legislature.

  • Amend the Dymally-Alatorre Bilingual Services Act or adopt a new law to do the following:

    • 1.

      Ensure adequate and ongoing funding to state agencies to satisfy the spirit and the letter of the Dymally-Alatorre Bilingual Services Act.

  • 2.

    Require that agencies include language services in their budget proposals to the state.

  • 3.

    Add a second and alternative definition of “substantial number of non-English speaking people” for Cal/OSHA. “Substantial number” could also be defined as a specific and significant portion (for example, 20% or more) of a single work sector or industry (for example, nail salons).

  • 4.

    Add an enforcement mechanism and constituent complaint system.

  • 5.

    Define agency financial inability to comply with the Act.

6. Require each agency to have at least one staff assigned to providing language assistance.

10

Improve California agencies’ bilingual capacities and cultural competencies.

In spite of the large number of Vietnamese LEP owners and technicians, BBC health and safety notifications are not regularly translated into Vietnamese. The agency conducts regular inspections of nail salon establishments; however, of its 18 inspectors, only one inspector speaks Vietnamese.

Cal/OSHA has only 218 staff to inspect the workplaces of over 128 million employees. Of Cal/ OSHA’s 218 inspectors, only 24 are bilingual and of those, only one in Vietnamese.33 In the past 10 years, only 7 nail salons have been inspected by the agency.34 As of June 2007, Cal/OSHA posted 90 health and safety related publications on their website. Only 6 of the health and safety documents were translated into Vietnamese and none of those documents were specifically related to the nail salon industry. Some of the documents most central to an informed workplace, such as complaint forms and Cal/OSHA’s process and procedure manuals, are only available in English.

In spite of the mandates of the Dymally-Alatorre Bilingual Services Act, neither the BBC nor Cal/ OSHA has a formalized, comprehensive and systematic policy for collecting language and cultural information and implementing a language assistance program for the nail and beauty salon industry. This failure is at least in part due to lack of authorization from the legislature to proactively and systematically collect that data, which in turn hampers targeted outreach and recruitment for bilingual staff, translation of materials, and budget allocations for bilingual services.

According to the BBC, it is difficult to find bilingual Vietnamese individuals who can meet the job requirements for inspector positions which include

OVEREXPOSED & UNDERINFORMED

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