House Bill 3907e1

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                                          HB 3907, First Engrossed



  1                      A bill to be entitled

  2         An act relating to occupational safety and

  3         health; amending s. 442.006, F.S.; relating to

  4         investigations of the Division of Safety of the

  5         Department of Labor & Employment Security;

  6         amending s. 442.008, F.S.; relating to the

  7         authority of the Division of Safety; amending

  8         s. 442.013, F.S.; relating to employer

  9         penalties; amending s. 442.019, F.S.; relating

10         to compliance; repealing ss. 442.003, 442.009,

11         442.0105, 442.015, and 442.017, F.S., relating

12         to legislative intent, compliance, enforcement,

13         and penalties for workplace safety programs and

14         practices; providing an effective date.

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

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18         Section 1.  Section 442.006, Florida Statutes, is

19  amended to read:

20         442.006  Investigations by the division; refusal to

21  admit; penalty.--

22         (1)  The division shall make studies and investigations

23  with respect to safety provisions and the causes of injuries

24  in public sector places of employment employments covered by

25  this chapter, and shall make to the Legislature and public

26  sector employers and carriers such recommendations as it

27  considers proper as to the best means of preventing injuries.

28  In making such studies and investigations, the division may:

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

30  charged with the duty of enforcing any law securing safety

31  against injury in any public sector place of employment


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                                          HB 3907, First Engrossed



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

  2  state engaged in enforcing any laws to assure safety for

  3  employees.

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

  5  to the records of the division.

  6         (2)  The division and its authorized representatives

  7  may enter and inspect any public sector place of employment at

  8  any reasonable time for the purpose of investigating

  9  compliance with this chapter and making inspections for the

10  proper enforcement of this chapter. Any public sector employer

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

12  its authorized representative to any public sector place of

13  employment or to allow investigation and inspection pursuant

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

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

16         Section 2.  Section 442.008, Florida Statutes, is

17  amended to read:

18         442.008  Division authority.--The division shall:

19         (1)  Investigate and prescribe what safety devices,

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

21  the prevention of accidents in every public sector employment

22  or place of employment; determine what suitable devices,

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

24  occupational diseases must be adopted or followed in any or

25  all such public sector employments or places of employment;

26  and adopt reasonable rules for the prevention of accidents and

27  the prevention of occupational diseases.

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

29  standards and rules for the construction, repair, and

30  maintenance of public sector places of employment as shall

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                                          HB 3907, First Engrossed



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

  2  accordance with chapter 120.

  3         (3)  Assist employers in the development and

  4  implementation of employee safety training programs by

  5  contracting with professional safety organizations.

  6         Section 3.  Section 442.013, Florida Statutes, is

  7  amended to read:

  8         442.013  Public employer penalties.--If any public

  9  employer violates or fails or refuses to comply with this

10  chapter or with any rule adopted by the division, in

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

12  accidents, or occupational diseases or with any lawful order

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

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

15  other means of protection prescribed by the division under

16  this chapter for the prevention of accidents or occupational

17  diseases, the division may assess against the public employer

18  a civil penalty of not less than $100 nor more than $5,000 for

19  each day the violation, omission, failure, or refusal

20  continues after the public employer has been given notice

21  thereof in writing. The total penalty for each violation may

22  not exceed $50,000. The division shall adopt rules requiring

23  penalties commensurate with the frequency or severity, or

24  both, of safety violations. A hearing must be held in the

25  county where the violation, omission, failure, or refusal is

26  alleged to have occurred, unless otherwise agreed to by the

27  public employer and authorized by the division.

28         Section 4.  Section 442.019, Florida Statutes, is

29  amended to read:

30         442.019  Compliance.--Failure of a public sector an

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


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                                          HB 3907, First Engrossed



  1  rules adopted under this chapter constitutes grounds for the

  2  division to seek remedies, including injunctive relief, for

  3  compliance by making appropriate filings with the Circuit

  4  Court of Leon County.

  5         Section 5.  Sections 442.003, 442.009, 442.0105,

  6  442.015, and 442.017, Florida Statutes, are hereby repealed.

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

  8  law.

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