Senate Bill 2180

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    Florida Senate - 2000                                  SB 2180

    By Senator Clary





    7-1285-00

  1                      A bill to be entitled

  2         An act relating to occupational safety and

  3         health; amending ss. 442.003, 442.014, 442.023,

  4         442.20, 252.937, 627.9015, F.S.; replacing

  5         references to the Division of Safety of the

  6         Department of Labor and Employment Security

  7         with references to the Division of Workers'

  8         Compensation of that department; transferring

  9         powers, duties, functions, and assets of the

10         Division of Safety to the Division of Workers'

11         Compensation; repealing s. 14, ch. 99-240, Laws

12         of Florida; abrogating the repeal of ch. 442,

13         F.S.; providing an effective date.

14

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

16

17         Section 1.  Section 442.003, Florida Statutes, is

18  amended to read:

19         442.003  Legislative intent.--It is the intent of the

20  Legislature to enhance occupational safety and health in this

21  state through the implementation and maintenance of policies,

22  procedures, practices, rules, and standards that reduce the

23  incidence of employee accidents, occupational diseases, and

24  fatalities compensable under chapter 440. The Legislature

25  further intends that the Division of Workers' Compensation

26  Safety of the Department of Labor and Employment Security

27  develop a means by which it can identify individual employers

28  with a high frequency or severity of work-related injuries;

29  conduct safety inspections of those employers; and assist

30  those employers in the development and implementation of

31  employee safety and health programs. In addition, it is the

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    Florida Senate - 2000                                  SB 2180
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  1  intent of the Legislature that the Division of Workers'

  2  Compensation Safety of the Department of Labor and Employment

  3  Security administer the provisions of this chapter; provide

  4  assistance to employers, employees, and insurance carriers;

  5  and enforce the policies, rules, and standards set forth in

  6  this chapter.

  7         Section 2.  Section 442.014, Florida Statutes, is

  8  amended to read:

  9         442.014  Division cooperation with Federal Government;

10  exemption from Division of Workers' Compensation Safety

11  requirements.--

12         (1)  The division shall cooperate with the Federal

13  Government so that duplicate inspections will be avoided yet

14  assure safe places of employment for the citizens of this

15  state.

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

17  sector employer is not subject to the requirements of the

18  Division of Workers' Compensation Safety if:

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

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

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

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

23  ss. 1910 and 1926; and

24         (c)  An employer with 20 or more full-time employees

25  shall include provisions for a safety committee in the safety

26  program. The safety committee must include employee

27  representation and must meet at least once each calendar

28  quarter. The employer must make adequate records of each

29  meeting and maintain the records subject to inspections under

30  subsection (3). The safety committee shall, if appropriate,

31  make recommendations regarding improvements to the safety

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    Florida Senate - 2000                                  SB 2180
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  1  program and corrections of hazards affecting workplace safety;

  2  and

  3         (d)  The employer provides the Division of Workers'

  4  Compensation Safety with a written statement that certifies

  5  compliance with this subsection.

  6         (3)  The Division of Workers' Compensation Safety may

  7  enter at any reasonable time any place of employment for the

  8  purposes of verifying the accuracy of the written

  9  certification. If the Division of Workers' Compensation Safety

10  determines that the employer has not complied with the

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

12  to the rules of the Division of Workers' Compensation Safety

13  until the employer complies with subsection (2) and

14  recertifies that fact to the Division of Workers' Compensation

15  Safety.

16         (4)  This section shall not restrict the Division of

17  Workers' Compensation Safety from performing any duties

18  pursuant to a written contract between the Division of

19  Workers' Compensation Safety and the Federal Occupational

20  Safety and Health Administration (OSHA).

21         Section 3.  Section 442.023, Florida Statutes, is

22  amended to read:

23         442.023  Matters within jurisdiction of the division of

24  Safety; false, fictitious, or fraudulent acts, statements, and

25  representations prohibited; penalty; statute of

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

27  jurisdiction of the Division of Workers' Compensation Safety

28  of the Department of Labor and Employment Security, knowingly

29  and willfully falsify or conceal a material fact; make any

30  false, fictitious, or fraudulent statement or representation;

31  or make or use any false document, knowing the same to contain

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    Florida Senate - 2000                                  SB 2180
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  1  any false, fictitious, or fraudulent statement or entry. A

  2  person who violates this section commits a misdemeanor of the

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

  4  775.083. The statute of limitations for prosecution of an act

  5  committed in violation of this section is 5 years after the

  6  date the act was committed.

  7         Section 4.  Section 442.20, Florida Statutes, is

  8  amended to read:

  9         442.20  Workplace safety.--

10         (1)  The Division of Workers' Compensation Safety

11  within the Department of Labor and Employment Security shall

12  assist in making the workplace a safer place to work and

13  decreasing the frequency and severity of on-the-job injuries.

14         (2)  The Division of Workers' Compensation Safety shall

15  have the authority to adopt rules for the purpose of assuring

16  safe working conditions for all workers by authorizing the

17  enforcement of effective standards, assisting and encouraging

18  employers to maintain safe working conditions, and by

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

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

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

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

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

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

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

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

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

28  firefighters and fire departments operated by the state or

29  political subdivisions; the National Fire Protection

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

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

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

  2  workplace safety shall be applicable to the Division of

  3  Workers' Compensation Safety.

  4         (4)  The administrative rules of the Department of

  5  Labor and Employment Security pertaining to the function of

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

  7  immediately before July 1, 1990, continue in effect as rules

  8  of the Division of Workers' Compensation Safety until

  9  specifically amended by the Department of Labor and Employment

10  Security.

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

12  Occupational Safety and Health Administration and to the

13  Director of the National Institute for Occupational Safety and

14  Health and their authorized representatives in the adopted

15  federal Occupational Safety and Health Administration

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

17  Director of the Division of Workers' Compensation Safety of

18  the Department of Labor and Employment Security or his or her

19  authorized representatives.

20         Section 5.  Subsection (2) of section 252.937, Florida

21  Statutes, is amended to read:

22         252.937  Department powers and duties.--

23         (2)  To ensure that this program is self-supporting,

24  the department shall provide administrative support, including

25  staff, facilities, materials, and services to implement this

26  part for specified stationary sources subject to s. 252.939

27  and shall provide necessary funding to local emergency

28  planning committees and county emergency management agencies

29  for work performed to implement this part. Each state agency

30  with regulatory, inspection, or technical assistance programs

31  for specified stationary sources subject to this part shall

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  1  enter into a memorandum of understanding with the department

  2  which specifically outlines how each agency's staff,

  3  facilities, materials, and services will be utilized to

  4  support implementation. At a minimum, these agencies and

  5  programs include:  the Department of Environmental

  6  Protection's Division of Air Resources Management and Division

  7  of Water Resource Management, and the Department of Labor and

  8  Employment Security's Division of Workers' Compensation

  9  Safety. It is the Legislature's intent to implement this part

10  as efficiently and economically as possible, using existing

11  expertise and resources, if available and appropriate.

12         Section 6.  Section 627.9015, Florida Statutes, is

13  amended to read:

14         627.0915  Rate filings; workers' compensation,

15  drug-free workplace, and safe employers.--The Department of

16  Insurance shall approve rating plans for workers' compensation

17  insurance that give specific identifiable consideration in the

18  setting of rates to employers that either implement a

19  drug-free workplace program pursuant to rules adopted by the

20  Division of Workers' Compensation of the Department of Labor

21  and Employment Security or implement a safety program approved

22  by the Division of Workers' Compensation Safety pursuant to

23  rules adopted by the division of Safety of the Department of

24  Labor and Employment Security or implement both a drug-free

25  workplace program and a safety program. The Division of

26  Workers' Compensation Safety may by rule require that the

27  client of a help supply services company comply with the

28  essential requirements of a workplace safety program as a

29  condition for receiving a premium credit. The plans must take

30  effect January 1, 1994, must be actuarially sound, and must

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    Florida Senate - 2000                                  SB 2180
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  1  state the savings anticipated to result from such drug-testing

  2  and safety programs.

  3         Section 7.  All powers, duties, functions, rules,

  4  records, personnel, property, and unexpended balances of

  5  appropriations, allocations, or other funds of the Division of

  6  Safety of the Department of Labor and Employment Security are

  7  transferred by a type two transfer, as defined in section

  8  20.62(2), Florida Statutes, from that division to the Division

  9  of Workers' Compensation within the Department of Labor and

10  Employment Security. The Division of Workers' Compensation

11  shall create a Bureau of Safety within its administrative

12  organization to assume the powers, duties, and functions

13  formerly allocated to the Division of Safety.

14         Section 8.  Section 14 of chapter 99-240, Laws of

15  Florida, is repealed, and the repeal of chapter 442, Florida

16  Statutes, by that section is abrogated.

17         Section 9.  This act shall take effect upon becoming a

18  law.

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20            *****************************************

21                          SENATE SUMMARY

22    Abrogates the repeal of chapter 442, Florida Statutes,
      relating to occupational health and safety and transfers
23    the duties of the Division of Safety of the Department of
      Labor and Employment Security to that department's
24    Division of Workers' Compensation.

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