The Florida Senate

633.812  Division cooperation with Federal Government; exemption from requirements for private firefighter employers.--

(1)  The division shall cooperate with the Federal Government so that duplicate inspections will be avoided while at the same time ensuring safe firefighter employee places of employment for the citizens of this state.

(2)  Except as provided in this section, a private firefighter employer is not subject to the requirements of the division if:

(a)  The private firefighter employer is subject to the federal regulations in 29 C.F.R. ss. 1910 and 1926.

(b)  The private firefighter employer has adopted and implemented a written safety program that conforms to the requirements of 29 C.F.R. ss. 1910 and 1926.

(c)  A private firefighter employer with 20 or more full-time firefighter employees shall include provisions for a safety committee in the safety program. The safety committee shall include firefighter employee representation and shall meet at least once each calendar quarter. The private firefighter employer shall make adequate records of each meeting and maintain the records subject to inspections under subsection (3). The safety committee shall, if appropriate, make recommendations regarding improvements to the safety program and corrections of hazards affecting workplace safety.

(d)  The private firefighter employer provides the division with a written statement that certifies compliance with this subsection.

(3)  The division may enter at any reasonable time any place of private firefighter employment for the purpose of verifying the accuracy of the written certification. If the division determines that the private firefighter employer has not complied with the requirements of subsection (2), the private firefighter employer shall be subject to the rules of the division until the private firefighter employer complies with subsection (2) and recertifies that fact to the division.

(4)  This section shall not restrict the division's performance of any duties pursuant to a written contract between the division and the federal Occupational Safety and Health Administration.

History.--s. 15, ch. 2002-404.