Senate Bill 1346

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1998                 SB 1346 (Corrected Copy)

    By Senator Diaz-Balart





    37-1409A-98

  1                      A bill to be entitled

  2         An act relating to rulemaking authority with

  3         respect to occupational safety and health

  4         (RAB); amending s. 442.005, F.S.; authorizing

  5         rulemaking for the Division of Workers'

  6         Compensation regarding employee injuries

  7         resulting in death; amending s. 442.006, F.S.;

  8         authorizing rules for Division of Workers'

  9         Compensation investigations; amending s.

10         442.008, F.S.; authorizing rules for the

11         Division of Workers' Compensation relating to

12         recordkeeping responsibilities for

13         public-sector employers; amending s. 442.009;

14         authorizing rules for the Division of Workers'

15         Compensation relating to right of entry to

16         places of employment; amending s. 442.20, F.S.;

17         authorizing rulemaking for the Division of

18         Safety for annual reports, workplace-safety

19         programs for clients of help-supply-services

20         companies, adopting federal standards;

21         providing an effective date.

22

23  Be It Enacted by the Legislature of the State of Florida:

24

25         Section 1.  Section 442.005, Florida Statutes, is

26  amended to read:

27         442.005  Division to make study of occupational

28  diseases, etc.--The division shall make a continuous study of

29  occupational diseases and the ways and means for their control

30  and prevention and shall make and enforce necessary

31  regulations for such control. For this purpose, the division

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                 SB 1346 (Corrected Copy)
    37-1409A-98




  1  is authorized to cooperate with employers, employees, and

  2  carriers and with the Department of Health and Rehabilitative

  3  Services. The division may by rule require an employer to

  4  notify the division within 24 hours after any employee injury

  5  occurs which results in death, prescribe the form of such

  6  notice, require the employer to maintain for 5 years a record

  7  of injuries that result in death, and define words or phrases

  8  used in rules relating to safety and health compliance.

  9         Section 2.  Subsection (3) is added to section 442.006,

10  Florida Statutes, to read:

11         442.006  Investigations by the division; refusal to

12  admit; penalty.--

13         (3)  The division by rule may adopt procedures for

14  conducting investigations under this chapter.

15         Section 3.  Subsection (4) is added to section 442.008,

16  Florida Statutes, to read:

17         442.008  Division authority.--The division shall:

18  (4)  Adopt rules prescribing recordkeeping responsibilities

19  for public-sector employers, which may include rules for

20  maintaining a log and summary of occupational injuries,

21  diseases, and illnesses and for producing on request a notice

22  of injury and employee accident investigation records, and

23  rules prescribing a retention schedule for such records.

24         Section 4.  Section 442.009, Florida Statutes, is

25  amended to read:

26         442.009  Right of entry.--The division and its

27  authorized representatives may enter at any reasonable time

28  any place of employment for the purpose of examining any tool,

29  appliance, or machinery used in such employment and may make

30  inspections for the proper enforcement of this chapter. An

31  employer or owner may not refuse to admit any member of the

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                 SB 1346 (Corrected Copy)
    37-1409A-98




  1  division or its authorized representatives to any place of

  2  employment. The division by rule may require employers to

  3  allow the division to enter without delay and to inspect any

  4  place of employment.

  5         Section 5.  Subsection (2) of section 442.20, Florida

  6  Statutes, is amended to read:

  7         442.20  Workplace safety.--

  8         (2)  The Division of Safety shall have the authority to

  9  adopt rules for the purpose of assuring safe working

10  conditions for all workers by authorizing the enforcement of

11  effective standards, assisting and encouraging employers to

12  maintain safe working conditions, and by providing for

13  education and training in the field of safety.

14         The division by rule may:

15         (a)  Require that each workers' compensation carrier,

16  group self-insurance fund, and individual self-insurer file an

17  annual report with the division on its safety program and

18  consultation activities and prescribe the format of the

19  report;

20         (b)  Require that the client of a help-supply-services

21  company comply with the essential requirements of a

22  workplace-safety program as a condition for receiving a

23  premium credit;

24         (c)  Adopt Subparts C through T and Subpart Z of 29

25  C.F.R. Part 1910; Subparts C through Z of 29 C.F.R. Part 1926;

26  Subparts A through D, Subpart I, and Subpart M of 29 C.F.R.

27  Part 1928; Subparts A through G of 29 C.F.R. Part 1917;

28  Subparts A through L and Subpart Z of 29 C.F.R. Part 1915;

29  Subparts A through J of 29 C.F.R. Part 1918, as revised July

30  1, 1993, provided that 29 C.F.R. 1910.156 applies to volunteer

31  firefighters and fire departments operated by the state of

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                 SB 1346 (Corrected Copy)
    37-1409A-98




  1  political subdivisions; the National Fire Protection

  2  Association, Inc., Standard 1500, paragraph 5-7 (Personal

  3  Alert Safety System) (1992 edition); and ANSI A 10.4-1990.

  4         Section 6.  This act shall take effect upon becoming a

  5  law.

  6

  7            *****************************************

  8                          SENATE SUMMARY

  9    Amends various sections of ch. 442, F.S., to provide the
      Division of Workers' Compensation of the Department of
10    Labor and Employment Security with rulemaking authority
      relating to employee injuries that result in death, to
11    investigations, to recordkeeping responsibilities for
      public-sector employers, and to the right of entry to
12    places of employment. Provides the Division of Safety of
      the Department of Labor and Employment Security with
13    rulemaking authority for annual reports and
      workplace-safety programs for clients of
14    help-supply-services companies.

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  4