House Bill 1151

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    Florida House of Representatives - 2000                HB 1151

        By Representative Waters






  1                      A bill to be entitled

  2         An act relating to firefighter occupational

  3         health and safety; designating ss.

  4         633.01-633.72, F.S., as pt. I of ch. 633, F.S.;

  5         amending and renumbering ss. 442.001, 442.002,

  6         442.003, 442.004, 442.005, 442.006, 442.007,

  7         442.008, 442.009, 442.0105, 442.011, 442.012,

  8         442.013, 442.014, 442.015, 442.016, 442.017,

  9         442.018, 442.019, 442.020, 442.021, 442.023,

10         442.118, 442.20, and 442.21, F.S., and

11         transferring said sections to pt. II of ch.

12         633, F.S.; transferring from the Division of

13         Safety of the Department of Labor and

14         Employment Security to the Division of State

15         Fire Marshal of the Department of Insurance

16         powers, duties, and responsibilities under

17         provisions relating to workplace occupational

18         safety and health; specifying application to

19         firefighters and employers of firefighters;

20         amending s. 14 of ch. 99-240, Laws of Florida;

21         saving certain sections of ch. 442, F.S., from

22         repeal; providing effective dates.

23

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

25

26         Section 1.  Sections 633.01-633.72, Florida Statutes,

27  are designated as part I of chapter 633, Florida Statutes,

28  entitled "Fire Prevention and Control."

29         Section 2.  Sections 442.001, 442.002, 442.003,

30  442.004, 442.005, 442.006, 442.007, 442.008, 442.009,

31  442.0105, 442.011, 442.012, 442.013, 442.014, 442.015,

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  1  442.016, 442.017, 442.018, 442.019, 442.020, 442.021, 442.023,

  2  442.20, 442.21, and 442.118, Florida Statutes, are renumbered

  3  as sections 633.801, 633.802, 633.803, 633.804, 633.805,

  4  633.806, 633.807, 633.808, 633.809, 633.810, 633.811, 633.812,

  5  633.813, 633.814, 633.815, 633.816, 633.817, 633.818, 633.819,

  6  633.820, 633.821, 633.822, 633.823, 633.824, and 633.825,

  7  Florida Statutes, respectively, designated as part II of

  8  chapter 633, Florida Statutes, entitled "Firefighters

  9  Occupational Safety and Health," and amended to read:

10         633.801 442.001  Short title.--This part chapter may be

11  cited as the "Florida Firefighters Occupational Safety and

12  Health Act."

13         633.802 442.002  Definitions.--Unless the context

14  clearly requires otherwise, the following definitions set

15  forth in s. 440.02 apply to this part chapter.

16         (1)  "Department" means the Department of Insurance.

17         (2)  "Division" means the Division of State Fire

18  Marshal of the department.

19         (3)  "Employee" means any person engaged in any public

20  or private employment as a firefighter under any appointment

21  or contract of hire or apprenticeship, express or implied,

22  oral or written, whether lawfully or unlawfully employed, and

23  includes all volunteer firefighters responding to or assisting

24  with fire or medical emergencies whether or not the

25  firefighter is on duty.

26         (4)  "Employer" means the state and all political

27  subdivisions of the state, all public and quasi-public

28  corporations in this state, and every person carrying on any

29  employment of the state, such political subdivisions, and such

30  corporations, which employ firefighters or which use volunteer

31  firefighters.

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  1         (5)  "Employment" means any service performed by a

  2  firefighter employee for the firefighter employer, and

  3  includes the use of all volunteer firefighters.

  4         (6)  "Place of employment" means the physical location

  5  at which a firefighter is employed.

  6         633.803 442.003  Legislative intent.--It is the intent

  7  of the Legislature to enhance occupational safety and health

  8  in this state through the implementation and maintenance of

  9  policies, procedures, practices, rules, and standards that

10  reduce the incidence of employee accidents, occupational

11  diseases, and fatalities compensable under chapter 440. The

12  Legislature further intends that the division of Safety of the

13  Department of Labor and Employment Security develop a means by

14  which it can identify individual employers with a high

15  frequency or severity of work-related injuries; conduct safety

16  inspections of those employers; and assist those employers in

17  the development and implementation of employee safety and

18  health programs. In addition, it is the intent of the

19  Legislature that the division of Safety of the Department of

20  Labor and Employment Security administer the provisions of

21  this part chapter; provide assistance to employers, employees,

22  and insurers insurance carriers; and enforce the policies,

23  rules, and standards set forth in this part chapter.

24         633.804 442.004  Safety inspections, consultations;

25  rules.--The division shall adopt rules governing the manner,

26  means, and frequency of safety inspections and consultations

27  by all insurers carriers and self-insurers.

28         633.805 442.005  Division to make study of firefighter

29  occupational diseases, etc.--The division shall make a

30  continuous study of firefighter occupational diseases and the

31  ways and means for their control and prevention and shall make

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  1  and enforce necessary regulations for such control. For this

  2  purpose, the division is authorized to cooperate with

  3  employers, employees, and insurers carriers and with the

  4  Department of Health.

  5         633.806 442.006  Investigations by the division;

  6  refusal to admit; penalty.--

  7         (1)  The division shall make studies and investigations

  8  with respect to safety provisions and the causes of

  9  firefighter injuries in public sector places of employment,

10  and shall make to the Legislature and public sector employers

11  and insurers carriers such recommendations as it considers

12  proper as to the best means of preventing firefighter

13  injuries. In making such studies and investigations, the

14  division may:

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

16  charged with the duty of enforcing any law securing safety

17  against injury in any public sector place of employment

18  covered by this part chapter, or any agency or department of

19  the state engaged in enforcing any laws to assure safety for

20  employees.

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

22  to the records of the division.

23         (2)  The division and its authorized representatives

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

25  any reasonable time for the purpose of investigating

26  compliance with this part chapter and making inspections for

27  the proper enforcement of this part chapter. Any public sector

28  employer who refuses to admit any member of the division or

29  its authorized representative to any public sector place of

30  employment or to allow investigation and inspection pursuant

31  to this paragraph commits is guilty of a misdemeanor of the

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  1  second degree, punishable as provided in s. 775.082 or s.

  2  775.083.

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

  4  conducting investigations of public sector employers under

  5  this part chapter.

  6         633.807 442.007  Safety; employer

  7  responsibilities.--Every employer as defined in s. 440.02

  8  shall furnish to firefighters employment that is safe for the

  9  employees therein, furnish and use safety devices and

10  safeguards, adopt and use methods and processes reasonably

11  adequate to render such an employment and place of employment

12  safe, and do every other thing reasonably necessary to protect

13  the lives, health, and safety of such employees. As used in

14  this section, the terms "safe" and "safety" as applied to any

15  employment or place of employment mean such freedom from

16  danger as is reasonably necessary for the protection of the

17  lives, health, and safety of employees, including conditions

18  and methods of sanitation and hygiene. Safety devices and

19  safeguards required to be furnished by the employer by this

20  section or by the division under authority of this section

21  shall not include personal apparel and protective devices that

22  replace personal apparel normally worn by employees during

23  regular working hours.

24         633.808 442.008  Division authority.--The division

25  shall:

26         (1)  Investigate and prescribe what safety devices,

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

28  the prevention of accidents in every public sector place of

29  employment or at any fire scene; determine what suitable

30  devices, safeguards, or other means of protection for the

31  prevention of firefighter occupational diseases must be

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  1  adopted or followed in any or all such public sector places of

  2  employment or at any fire scene; and adopt reasonable rules

  3  for the prevention of accidents, the safety, protection, and

  4  security of employees engaged in firefighting inside and

  5  outside of structures, and the prevention of firefighter

  6  occupational diseases.

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

  8  standards and rules for the construction, repair, and

  9  maintenance of public sector places of employment as shall

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

11  accordance with chapter 120.

12         (3)  Assist employers in the development and

13  implementation of employee safety training programs by

14  contracting with professional safety organizations.

15         (4)  Adopt rules prescribing recordkeeping

16  responsibilities for public sector employers, which may

17  include rules for maintaining a log and summary of

18  occupational injuries, diseases, and illnesses and for

19  producing on request a notice of injury and employee accident

20  investigation records, and rules prescribing a retention

21  schedule for such records.

22         633.809 442.009  Right of entry.--The division and its

23  authorized representatives may enter at any reasonable time

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

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

26  inspections for the proper enforcement of this part chapter.

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

28  division or its authorized representatives to any place of

29  employment.

30         633.810 442.0105  Employers whose employees have a high

31  frequency of work-related injuries.--The division shall

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  1  develop a means by which it can identify individual employers

  2  whose employees have a high frequency or severity of

  3  work-related injuries. The division shall carry out safety

  4  inspections of the facilities and operations of these

  5  employers in order to assist them in reducing the frequency

  6  and severity of work-related injuries. The division shall

  7  develop safety and health programs for those employers.

  8  Insurers Carriers shall distribute these safety and health

  9  programs to the employers so identified by the division. Those

10  employers identified by the division as having a high

11  frequency or severity of work-related injuries shall implement

12  a division-developed safety and health program. The division

13  shall carry out safety inspections of those employers so

14  identified to ensure compliance with the safety and health

15  program and to assist such employers in reducing the number of

16  work-related injuries. The division may not assess penalties

17  as the result of such inspections, except as provided by s.

18  633.813 442.013. Copies of any report made as the result of

19  such an inspection must be provided to the employer and its

20  insurer carrier. Employers may submit their own safety and

21  health programs to the division for approval in lieu of using

22  the division-developed safety and health program. The division

23  must promptly review the program submitted and approve or

24  disapprove it. Upon approval by the division, the program must

25  be implemented by the employer. If the program is not approved

26  or if a program is not submitted, the employer must implement

27  the division-developed program. The division shall adopt rules

28  setting forth the criteria for safety and health programs.

29         633.811 442.011  Insurer Carrier consultations.--Each

30  insurer insurance carrier writing workers' compensation

31  insurance in this state, each employer qualifying as an

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  1  individual self-insurer under s. 440.38, each self-insurance

  2  fund under s. 624.461, and each assessable mutual insurer

  3  under s. 628.6011 must provide safety consultations to each of

  4  its policyholders who requests such consultations. Each such

  5  insurer carrier or self-insurer must inform its policyholders

  6  of the availability of such consultations. The division is

  7  responsible for approving all safety and health programs. The

  8  division shall aid all insurers insurance carriers and

  9  self-insurers in establishing their safety and health programs

10  by setting out criteria in an appropriate format.

11         633.812 442.012  Workplace safety committees and safety

12  coordinators.--

13         (1)  In order to promote health and safety in places of

14  employment in this state:

15         (a)  Each public or private employer of 20 or more

16  employees shall establish and administer a workplace safety

17  committee in accordance with rules adopted under this section.

18         (b)  Each public or private employer of fewer than 20

19  employees which is identified by the division as having high

20  frequency or severity of work-related injuries shall establish

21  and administer a workplace safety committee or designate a

22  workplace safety coordinator who shall establish and

23  administer workplace safety activities in accordance with

24  rules adopted under this section.

25         (2)  The division shall adopt rules:

26         (a)  Prescribing the membership of the workplace safety

27  committees so as to ensure an equal number of employee

28  representatives, who are volunteers or are elected by their

29  peers, and of employer representatives, and specifying the

30  frequency of meetings.

31

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  1         (b)  Requiring employers to make adequate records of

  2  each meeting and to file and to maintain the records subject

  3  to inspection by the division.

  4         (c)  Prescribing the duties and functions of the

  5  workplace safety committee and workplace safety coordinator,

  6  which include, but are not limited to:

  7         1.  Establishing procedures for workplace safety

  8  inspections by the committee.

  9         2.  Establishing procedures investigating all workplace

10  accidents, safety-related incidents, illnesses, and deaths.

11         3.  Evaluating accident-prevention and

12  illness-prevention programs.

13         4.  Prescribing guidelines for the training of safety

14  committee members.

15         (3)  The composition, selection, and function of safety

16  committees shall be a mandatory topic of negotiations with any

17  certified collective bargaining agent for nonfederal public

18  sector employers that operate under a collective bargaining

19  agreement.  Employers that operate under a collective

20  bargaining agreement that contains provisions regulating the

21  formation and operation of workplace safety committees that

22  meet or exceed the minimum requirements contained in this

23  section, or employers who otherwise have existing workplace

24  safety committees that meet or exceed the minimum requirements

25  established by this section are in compliance with this

26  section.

27         (4)  Employees must be compensated their regular hourly

28  wage while engaged in workplace safety committee or workplace

29  safety coordinator training, meetings, or other duties

30  prescribed under this section.

31

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  1         633.813 442.013  Public sector Employer penalties.--If

  2  any public sector employer violates or fails or refuses to

  3  comply with this part chapter or with any rule adopted by the

  4  division, in accordance with chapter 120, for the prevention

  5  of injuries, accidents, or occupational diseases or with any

  6  lawful order of the division in connection with this part

  7  chapter, or fails or refuses to furnish or adopt any safety

  8  device, safeguard, or other means of protection prescribed by

  9  the division under this part chapter for the prevention of

10  accidents or occupational diseases, the division may assess

11  against the public sector employer a civil penalty of not less

12  than $100 nor more than $5,000 for each day the violation,

13  omission, failure, or refusal continues after the public

14  sector employer has been given notice thereof in writing. The

15  total penalty for each violation may not exceed $50,000. The

16  division shall adopt rules requiring penalties commensurate

17  with the frequency or severity, or both, of safety violations.

18  A hearing must be held in the county where the violation,

19  omission, failure, or refusal is alleged to have occurred,

20  unless otherwise agreed to by the public sector employer and

21  authorized by the division. All penalties assessed and

22  collected under this section shall be deposited into the

23  Insurance Commissioner's Regulatory Trust Fund.

24         633.814 442.014  Division cooperation with Federal

25  Government; exemption from division of Safety requirements.--

26         (1)  The division shall cooperate with the Federal

27  Government so that duplicate inspections will be avoided yet

28  assure safe places of employment for the firefighters citizens

29  of this state.

30

31

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  1         (2)  Except as provided in this section, a private

  2  sector employer is not subject to the requirements of the

  3  division of Safety if:

  4         (a)  The employer is subject to the federal regulations

  5  in 29 C.F.R. ss. 1910 and 1926.; and

  6         (b)  The employer has adopted and implemented a written

  7  safety program that conforms to the requirements of 29 C.F.R.

  8  ss. 1910 and 1926.; and

  9         (c)  The An employer employs with 20 or more full-time

10  employees and includes shall include provisions for a safety

11  committee in the safety program. The safety committee must

12  include employee representation and must meet at least once

13  each calendar quarter. The employer must make adequate records

14  of each meeting and maintain the records subject to

15  inspections under subsection (3). The safety committee shall,

16  if appropriate, make recommendations regarding improvements to

17  the safety program and corrections of hazards affecting

18  workplace safety.; and

19         (d)  The employer provides the division of Safety with

20  a written statement that certifies compliance with this

21  subsection.

22         (3)  The division of Safety may enter at any reasonable

23  time any place of employment for the purposes of verifying the

24  accuracy of the written certification. If the division of

25  Safety determines that the employer has not complied with the

26  requirements of subsection (2), the employer shall be subject

27  to the rules of the division of Safety until the employer

28  complies with subsection (2) and recertifies that fact to the

29  division of Safety.

30         (4)  This section shall not restrict the division of

31  Safety from performing any duties pursuant to a written

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  1  contract between the division of Safety and the Federal

  2  Occupational Safety and Health Administration (OSHA).

  3         633.815 442.015  Failure to implement a safety and

  4  health program; cancellations.--If an employer that is found

  5  by the division to have a high frequency or severity of

  6  work-related injuries fails to implement a safety and health

  7  program, the insurer carrier or self-insurer's fund that is

  8  providing coverage for the employer may cancel the contract

  9  for insurance with the employer. In the alternative, the

10  insurer carrier or fund may terminate any discount or

11  deviation granted to the employer for the remainder of the

12  term of the policy. If the contract is canceled or the

13  discount or deviation is terminated, the insurer carrier must

14  make such reports as are required by law.

15         633.816 442.016  Expenses of administration.--The total

16  expenses of administering this chapter must be estimated

17  annually and provided to the Division of Workers' Compensation

18  of the Department of Labor and Employment Security for

19  inclusion under s. 440.51. The amounts that are needed to

20  administer this part chapter shall be disbursed from the

21  Insurance Commissioner's Regulatory Workers' Compensation

22  Administration Trust Fund, established under s. 440.50, in the

23  manner provided in that section.

24         633.817 442.017  Refusal to admit; penalty.--The

25  division and its authorized representatives may enter and

26  inspect any place of employment at any reasonable time for the

27  purpose of investigating compliance with this part chapter and

28  conducting inspections for the proper enforcement of this part

29  chapter. An employer or owner who refuses to admit any member

30  of the division or its authorized representative to any place

31  of employment or to allow investigation and inspection

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  1  pursuant to this paragraph, commits a misdemeanor of the

  2  second degree, punishable as provided in s. 775.082 or s.

  3  775.083, and may be assessed an administrative penalty by the

  4  division in an amount not to exceed $1,000 for each day the

  5  refusal continues, not to exceed the total sum of $50,000.

  6  Any penalties assessed and collected under this section shall

  7  be deposited into the Insurance Commissioner's Regulatory

  8  Trust Fund.

  9         633.818 442.018  Employee rights and

10  responsibilities.--

11         (1)  Each employee of an employer covered under this

12  part chapter shall comply with rules adopted by the division

13  and with reasonable workplace safety and health standards,

14  rules, policies, procedures, and work practices established by

15  the employer and the workplace safety committee. An employee

16  who knowingly fails to comply with this subsection may be

17  disciplined or discharged by the employer.

18         (2)  An employer may not discharge, threaten to

19  discharge, cause to be discharged, intimidate, coerce,

20  otherwise discipline, or in any manner discriminate against an

21  employee for any of the following reasons:

22         (a)  The employee has requested information regarding

23  safety and health, filed a complaint or suit, or instituted or

24  caused to be instituted a proceeding under this part chapter;

25         (b)  The employee has testified or is about to testify,

26  on her or his own behalf, or on behalf of others, in any

27  proceeding instituted under this part chapter;

28         (c)  The employee has exercised any other right

29  afforded under this part chapter; or

30         (d)  The employee is engaged in activities relating to

31  the workplace safety committee.

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  1         (3)  Neither pay, position, seniority, nor other

  2  benefit may be lost for exercising any right under, or for

  3  seeking compliance with, any requirement of this part chapter.

  4         633.819 442.019  Compliance.--Failure of an a public

  5  sector employer or an insurer a carrier to comply with this

  6  part chapter or with any rules adopted under this part chapter

  7  constitutes grounds for the division to seek remedies,

  8  including injunctive relief, for compliance by making

  9  appropriate filings with the Circuit Court of Leon County.

10         633.820 442.020  False statements to insurers

11  carriers.--An employer who knowingly and willfully falsifies

12  or conceals a material fact, makes a false, fictitious, or

13  fraudulent statement or representation; or makes or uses any

14  false document knowing the document to contain any false,

15  fictitious, or fraudulent entry or statement to an insurer a

16  carrier of workers' compensation insurance under this part

17  commits chapter is guilty of a misdemeanor of the second

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

19  and may be assessed an administrative penalty by the division

20  in an amount not to exceed $10,000.  Any penalties assessed

21  and collected under this section shall be deposited into the

22  Insurance Commissioner's Regulatory Trust Fund.

23         633.821 442.021  Insurer Carrier penalties.--If any

24  insurer carrier violates, or fails or refuses to comply with,

25  this part chapter or with any rule adopted or order issued

26  under this part chapter, the division, after notice and

27  hearing in accordance with chapter 120, shall assess against

28  the insurer carrier a civil penalty of not less than $100 nor

29  more than $5,000 each day the violation, failure, or refusal

30  continues after the insurer carrier has been given written

31  notice thereof. The total penalty for each violation, failure,

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

  2  rules providing for penalties for noncompliance with this part

  3  chapter by insurers carriers. All penalties assessed and

  4  collected under this section shall be deposited into the

  5  Insurance Commissioner's Regulatory Trust Fund.

  6         633.822 442.023  Matters within jurisdiction of the

  7  division of Safety; false, fictitious, or fraudulent acts,

  8  statements, and representations prohibited; penalty; statute

  9  of limitations.--A person may not, in any matter within the

10  jurisdiction of the division of Safety of the Department of

11  Labor and Employment Security, knowingly and willfully falsify

12  or conceal a material fact; make any false, fictitious, or

13  fraudulent statement or representation; or make or use any

14  false document, knowing the same to contain any false,

15  fictitious, or fraudulent statement or entry. A person who

16  violates this section commits a misdemeanor of the second

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

18  The statute of limitations for prosecution of an act committed

19  in violation of this section is 5 years after the date the act

20  was committed or, if not discovered within 30 days after the

21  act was committed, 5 years after the date the act was

22  discovered.

23         633.823 442.20  Workplace safety.--

24         (1)  The division of Safety within the Department of

25  Labor and Employment Security shall assist in making the

26  workplace a safer place to work and decreasing the frequency

27  and severity of on-the-job injuries.

28         (2)  The division of Safety shall have the authority to

29  adopt rules for the purpose of assuring safe working

30  conditions for all employees workers by authorizing the

31  enforcement of effective standards, assisting and encouraging

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  1  employers to maintain safe working conditions, and by

  2  providing for education and training in the field of safety.

  3  For public sector employers, the division may by rule adopt

  4  subparts C through T and subpart Z of 29 C.F.R. part 1910;

  5  subparts C through Z of 29 C.F.R. part 1926; subparts A

  6  through D, subpart I, and subpart M of 29 C.F.R. part 1928;

  7  subparts A through G of 29 C.F.R. part 1917; subparts A

  8  through L and subpart Z of 29 C.F.R. part 1915; subparts A

  9  through J of 29 C.F.R. part 1918, as revised July 1, 1993,

10  provided that 29 C.F.R. s. 1910.156 applies to volunteer

11  firefighters and fire departments operated by the state or

12  political subdivisions; the National Fire Protection

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

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

15         (3)  The provisions of chapter 440 which pertain to

16  workplace safety shall be applicable to the division of

17  Safety.

18         (4)  The administrative rules of the Department of

19  Labor and Employment Security pertaining to the function of

20  the Bureau of Industrial Safety and Health which are in effect

21  immediately before July 1, 2000 1990, continue in effect as

22  rules of the division of Safety until specifically amended by

23  the division Department of Labor and Employment Security.

24         (5)  All references to the Assistant Secretary of the

25  Occupational Safety and Health Administration and to the

26  Director of the National Institute for Occupational Safety and

27  Health and their authorized representatives in the adopted

28  federal Occupational Safety and Health Administration

29  standards shall, for purposes of this section, mean the

30  Director of the Division of Safety of the Department of Labor

31

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  1  and Employment Security or his or her authorized

  2  representatives.

  3         633.824 442.21  Information identifying employees

  4  exercising rights; confidentiality.--

  5         (1)  Information held by the division Department of

  6  Labor and Employment Security identifying an employee who has

  7  exercised any right granted under this part chapter is

  8  confidential and exempt from the provisions of s. 119.07(1)

  9  and s. 24(a), Art. I of the State Constitution until the

10  identity of the employee is otherwise permissibly made public

11  under the laws of this state or pursuant to proceedings under

12  the laws of this state.

13         (2)  The Legislature finds that it is a public

14  necessity that information held by the division Department of

15  Labor and Employment Security identifying any employee who has

16  exercised his or her rights granted under this part chapter,

17  such as reporting work-related health and safety hazards and

18  violations, be held confidential and exempt from the public

19  records law. This exemption is necessary because release of

20  such information to the public could lead to discrimination

21  against and harassment of the reporting employee by coworkers

22  and others, and thus potentially jeopardize any ensuing

23  investigation. Accordingly, disclosure could chill an

24  employee's willingness to report potential health and safety

25  violations.

26         633.825 442.118  Presence of toxic substances; notice

27  to fire departments, emergency medical service providers, law

28  enforcement agencies, and local emergency management agencies;

29  penalty.--

30         (1)  Each An employer as defined in this section,

31  unless specifically exempted pursuant to subsection (3) (4),

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  1  shall provide within 60 days after commencing business or, if

  2  engaged in business on the effective date of this act, within

  3  60 days 9 months after the effective date of this act, to the

  4  person responsible for the administration and direction of a

  5  fire department in a county, municipality, or political

  6  subdivision, including a fire chief or fire administrator or

  7  that person's designee:

  8         (a)  A list of work areas, sufficiently identified by

  9  name and location, where toxic substances are present, which

10  list contains the chemical and common name of each substance

11  regularly present unless such information is protected

12  pursuant to the trade secret provisions of this act; and

13         (b)  Upon request, any material safety data sheet for

14  each toxic substance regularly present.

15

16  Except as otherwise provided in this section, information

17  maintained by the employer pursuant to this subsection is

18  confidential and exempt from the provisions of s. 119.07(1).

19         (2)  Whenever circumstances regarding the name and

20  location of the substance change sufficiently to warrant an

21  updated report, the employer shall update the information

22  provided pursuant to subsection (1).

23         (3)  Employers who become covered under this act after

24  October 1, 1985, shall provide the information required by

25  subsection (1) within 60 days after becoming covered.

26         (3)(4)  An employer operating a plant or facility which

27  continues in operation, including maintenance periods, 24

28  hours a day, 7 days a week, 365 days a year, shall not be

29  required to provide the information specified in subsection

30  (1) with respect to any such plant or facility, provided such

31

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  1  plant or facility is manned at all times by personnel

  2  qualified to provide such information.

  3         (4)(5)  The person responsible for the administration

  4  and direction of a fire department in a county, municipality,

  5  or political subdivision, including a fire chief or fire

  6  administrator or that person's designee, shall maintain the

  7  information provided by the employer as required in subsection

  8  (1) for at least 4 years and shall provide copies of such

  9  information only to the following agencies located within the

10  geographic jurisdiction of such fire department:

11         (a)  Fire suppression and fire inspection divisions;

12         (b)  Emergency medical service providers licensed under

13  chapter 401; and

14         (c)  Upon request, law enforcement agencies and local

15  emergency management agencies.

16

17  Information obtained pursuant to this subsection is

18  confidential and exempt from the provisions of s. 119.07(1).

19         (5)(6)  This section and any rules regulations adopted

20  by the division department for enforcement of this section

21  shall have the same force and effect in each county and

22  municipality as the ordinances of such county or municipality

23  and are enforceable in the appropriate court having

24  jurisdiction county courts in the same manner as such

25  ordinances. The provisions of s. 442.123(1) apply to

26  violations of this section and are enforceable in county

27  court.

28         (6)(7)  The chief of a county, municipal, or special

29  district fire department, other fire department personnel

30  designated by such chief, and personnel designated by a local

31  government having no organized fire department are authorized

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  1  to enforce this section and any rule regulation adopted by the

  2  division department for enforcement of this section.  Such

  3  personnel acting under the authority of this section shall be

  4  considered agents of their respective jurisdictions and not

  5  agents of the division department.  Any penalties collected by

  6  such local personnel for violation of this section pursuant to

  7  subsection (7) s. 442.123 shall be retained by the respective

  8  fire department or local government.

  9         (7)(8)  Notwithstanding the provisions of s.

10  442.123(1), If an employer fails to provide the information

11  required by this section, the division department shall assess

12  a civil penalty in an amount not to exceed $100 for each

13  violation in accordance with the provisions of chapter 120, to

14  be deposited into the Insurance Commissioner's Regulatory

15  Trust Fund.

16         (8)  As used in this section, "employer" means any

17  person, firm, corporation, partnership, association, or other

18  entity engaged in a business or in providing services,

19  including the state and any political subdivision of the

20  state, that manufactures, produces, uses, applies, or stores

21  toxic substances.  An independent contractor or subcontractor

22  shall be deemed the sole employer of her or his employees,

23  even when her or his employees are performing work at the

24  workplace of another employer.  The term "employer" does not

25  include:

26         (a)  Employers employing two or fewer employees.

27         (b)  Employers of domestic workers in private homes.

28         (c)  Bona fide farmers or an association of farmers

29  employing employees in agricultural labor performed on a farm,

30  or in the onsite packing facilities for agricultural products

31  from such farms, who employ 12 or fewer regular employees and

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  1  who employ 24 or fewer other employees at one time for

  2  seasonal or occasional agricultural labor that is completed in

  3  less than 30 continuous days, provided such seasonal or

  4  occasional employment does not exceed 60 days in the same

  5  calendar year.  The term "farm" includes stock, dairy,

  6  poultry, fruit, fur-bearing animal, fish, and truck farms,

  7  ranches, nurseries, and orchards.  The term "agricultural

  8  labor" includes field foremen, timekeepers, checkers, and

  9  other farm labor supervisory personnel.

10         (d)  Employers of professional athletes, such as

11  professional boxers and wrestlers and professional baseball,

12  football, basketball, hockey, polo, tennis, jai alai, and

13  similar players.

14         (e)  Employers employing labor under court sentences

15  requiring the performance of community service as provided in

16  s. 316.193.

17         (9)  The division may adopt any rule necessary to

18  implement, interpret, and make specific the provisions of this

19  section, and shall adopt by rule a standard form for employers

20  to use in complying with the requirements of this section.

21         Section 3.  Effective June 30, 2000, section 14 of

22  chapter 99-240, Laws of Florida, is amended to read:

23         Section 14.  Sections Chapter 442, Florida Statutes,

24  consisting of ss. 442.001, 442.002, 442.003, 442.004, 442.005,

25  442.006, 442.007, 442.008, 442.009, 442.1015, 442.011,

26  442.012, 442.013, 442.014, 442.015, 442.016, 442.017, 442.018,

27  442.019, 442.020, 442.021, 442.022, 442.023, 442.101, 442.102,

28  442.103, 442.104, 442.105, 442.106, 442.107, 442.108, 442.109,

29  442.111, 442.112, 442.113, 442.115, 442.116, 442.118,

30  442.1185, 442.119, 442.121, 442.123, 442.125, 442.126, and

31  442.127, Florida Statutes, are 442.20, and 442.21 is repealed

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  1  July 1, 2000. The Department of Labor and Employment Security

  2  shall submit to the Governor and the Legislature by January 1,

  3  2000, a report on a proposed reauthorization of the Division

  4  of Safety and the provisions of chapter 442, Florida Statutes,

  5  based upon the following criteria:

  6         (1)  External requirements mandating that the State of

  7  Florida provide a state agency for employment safety issues.;

  8         (2)  Internal organizational requirements that

  9  necessitate a state agency for safety issues and a review of

10  state agency practices for the provision of existing

11  safety-related activities.

12         (3)  A compilation of best practices among public and

13  private employers which achieve safety results without the

14  creation of a governmental regulatory apparatus.

15         (4)  The appropriateness of a management-by-exception

16  system in which the division functions as a contract

17  performance auditor for the development of internal risk and

18  safety management issues among employers.

19         Section 4.  Except as otherwise provided herein, this

20  act shall take effect October 1, 2000.

21

22            *****************************************

23                          HOUSE SUMMARY

24
      Transfers from the Division of Safety of the Department
25    of Labor and Employment Security to the Division of State
      Fire Marshal of the Department of Insurance powers,
26    duties, and responsibilities under provisions of ch. 442,
      F.S., relating to workplace occupational safety and
27    health and specifies application to firefighters and
      employers of firefighters. Saves such provisions from
28    repeal on July 1, 2000.

29

30

31

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