Senate Bill 1626e1

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







    CS for SB 1626                                 First Engrossed



  1                      A bill to be entitled

  2         An act relating to occupational safety and

  3         health; amending s. 442.006, F.S.; limiting

  4         investigations and penalties to public-sector

  5         employers; amending s. 442.008, F.S.; limiting

  6         division authority to public-sector employers;

  7         amending s. 442.013, F.S.; limiting penalties

  8         to public-sector employers; amending s.

  9         442.019, F.S.; limiting compliance to

10         public-sector employers; creating s. 442.0085,

11         F.S.; providing for safety consultations;

12         repealing s. 442.003, F.S., relating to

13         legislative intent; repealing s. 442.009, F.S.,

14         relating to right of entry by division

15         representatives; repealing s. 442.0105, F.S.,

16         relating to employers whose employees have a

17         high frequency of work-related injuries;

18         repealing s. 442.015, F.S., relating to

19         cancellation of coverage on certain employers;

20         repealing s. 442.017, F.S., relating to

21         penalties for employers who refuse to admit

22         certain investigators; providing an effective

23         date.

24

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

26

27         Section 1.  Section 442.006, Florida Statutes, is

28  amended to read:

29         442.006  Investigations by the division; refusal to

30  admit; penalty.--

31


                                  1

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






    CS for SB 1626                                 First Engrossed



  1         (1)  The division shall make studies and investigations

  2  with respect to safety provisions and the causes of injuries

  3  in public-sector places of employment employments covered by

  4  this chapter, and shall make to the Legislature and

  5  public-sector employers and carriers such recommendations as

  6  it considers proper as to the best means of preventing

  7  injuries. In making such studies and investigations, the

  8  division may:

  9         (a)  Cooperate with any agency of the United States

10  charged with the duty of enforcing any law securing safety

11  against injury in any public-sector place of employment

12  covered by this chapter, or any agency or department of the

13  state engaged in enforcing any laws to assure safety for

14  employees.

15         (b)  Allow any such agency or department to have access

16  to the records of the division.

17         (2)  The division and its authorized representatives

18  may enter and inspect any public-sector place of employment at

19  any reasonable time for the purpose of investigating

20  compliance with this chapter and making inspections for the

21  proper enforcement of this chapter. Any public-sector employer

22  or owner who refuses to admit any member of the division or

23  its authorized representative to any public-sector place of

24  employment or to allow investigation and inspection pursuant

25  to this paragraph is guilty of a misdemeanor of the second

26  degree, punishable as provided in s. 775.082 or s. 775.083.

27         Section 2.  Section 442.008, Florida Statutes, is

28  amended to read:

29         442.008  Division authority.--The division shall:

30         (1)  Investigate and prescribe what safety devices,

31  safeguards, or other means of protection must be adopted for


                                  2

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






    CS for SB 1626                                 First Engrossed



  1  the prevention of accidents in every public-sector employment

  2  or place of employment; determine what suitable devices,

  3  safeguards, or other means of protection for the prevention of

  4  occupational diseases must be adopted or followed in any or

  5  all such public-sector employments or places of employment;

  6  and adopt reasonable rules for the prevention of accidents and

  7  the prevention of occupational diseases.

  8         (2)  Ascertain, fix, and order such reasonable

  9  standards and rules for the construction, repair, and

10  maintenance of public-sector places of employment as shall

11  render them safe. Such rules and standards must be adopted in

12  accordance with chapter 120.

13         (3)  Assist employers in the development and

14  implementation of employee safety training programs by

15  contracting with professional safety organizations.

16         Section 3.  Section 442.013, Florida Statutes, is

17  amended to read:

18         442.013  Public-sector employer penalties.--If any

19  public-sector employer violates or fails or refuses to comply

20  with this chapter or with any rule adopted by the division, in

21  accordance with chapter 120, for the prevention of injuries,

22  accidents, or occupational diseases or with any lawful order

23  of the division in connection with this chapter, or fails or

24  refuses to furnish or adopt any safety device, safeguard, or

25  other means of protection prescribed by the division under

26  this chapter for the prevention of accidents or occupational

27  diseases, the division may assess against the public-sector

28  employer a civil penalty of not less than $100 nor more than

29  $5,000 for each day the violation, omission, failure, or

30  refusal continues after the public-sector employer has been

31  given notice thereof in writing. The total penalty for each


                                  3

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






    CS for SB 1626                                 First Engrossed



  1  violation may not exceed $50,000. The division shall adopt

  2  rules requiring penalties commensurate with the frequency or

  3  severity, or both, of safety violations. A hearing must be

  4  held in the county where the violation, omission, failure, or

  5  refusal is alleged to have occurred, unless otherwise agreed

  6  to by the public-sector employer and authorized by the

  7  division.

  8         Section 4.  Section 442.019, Florida Statutes, is

  9  amended to read:

10         442.019  Compliance.--Failure of a public-sector an

11  employer or a carrier to comply with this chapter or with any

12  rules adopted under this chapter constitutes grounds for the

13  division to seek remedies, including injunctive relief, for

14  compliance by making appropriate filings with the Circuit

15  Court of Leon County.

16         Section 5.  Section 442.0085, Florida Statutes, is

17  created to read:

18         442.0085  Employer consultations.--The division may

19  provide safety consultations to employers who are insured

20  pursuant to the joint underwriting plan approved by the

21  Department of Insurance pursuant to s. 627.311(4).

22         Section 6.  Sections 442.003, 442.009, 442.0105,

23  442.015, and 442.017, Florida Statutes, are repealed.

24         Section 7.  This act shall take effect July 1, 1998.

25

26

27

28

29

30

31


                                  4