Senate Bill 2180c1

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    Florida Senate - 2000                           CS for SB 2180

    By the Committee on Banking and Insurance; and Senator Clary





    311-1997-00

  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, 627.0915, 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:

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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                           CS for SB 2180
    311-1997-00




  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 safety-related

18  requirements of the Division of Workers' Compensation Safety

19  if:

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

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

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

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

24  ss. 1910 and 1926; and

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

26  shall include provisions for a safety committee in the safety

27  program. The safety committee must include employee

28  representation and must meet at least once each calendar

29  quarter. The employer must make adequate records of each

30  meeting and maintain the records subject to inspections under

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

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    Florida Senate - 2000                           CS for SB 2180
    311-1997-00




  1  make recommendations regarding improvements to the safety

  2  program and corrections of hazards affecting workplace safety;

  3  and

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

  5  Compensation Safety with a written statement that certifies

  6  compliance with this subsection.

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

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

  9  purposes of verifying the accuracy of the written

10  certification. If the Division of Workers' Compensation Safety

11  determines that the employer has not complied with the

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

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

14  until the employer complies with subsection (2) and

15  recertifies that fact to the Division of Workers' Compensation

16  Safety.

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

18  Workers' Compensation Safety from performing any duties

19  pursuant to a written contract between the Division of

20  Workers' Compensation Safety and the Federal Occupational

21  Safety and Health Administration (OSHA).

22         Section 3.  Section 442.023, Florida Statutes, is

23  amended to read:

24         442.023  Matters within jurisdiction of the division of

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

26  representations prohibited; penalty; statute of

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

28  jurisdiction of the Division of Workers' Compensation Safety

29  of the Department of Labor and Employment Security, knowingly

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

31  false, fictitious, or fraudulent statement or representation;

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    Florida Senate - 2000                           CS for SB 2180
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  1  or make or use any false document, knowing the same to contain

  2  any false, fictitious, or fraudulent statement or entry. A

  3  person who violates this section commits a misdemeanor of the

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

  5  775.083. The statute of limitations for prosecution of an act

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

  7  date the act was committed.

  8         Section 4.  Section 442.20, Florida Statutes, is

  9  amended to read:

10         442.20  Workplace safety.--

11         (1)  The Division of Workers' Compensation Safety

12  within the Department of Labor and Employment Security shall

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

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

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

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

17  safe working conditions for all workers by authorizing the

18  enforcement of effective standards, assisting and encouraging

19  employers to maintain safe working conditions, and by

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

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

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

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

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

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

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

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

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

29  firefighters and fire departments operated by the state or

30  political subdivisions; the National Fire Protection

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    Florida Senate - 2000                           CS for SB 2180
    311-1997-00




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

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

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

  4  workplace safety shall be applicable to the Division of

  5  Workers' Compensation Safety.

  6         (4)  The administrative rules of the Department of

  7  Labor and Employment Security pertaining to the function of

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

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

10  rules of the Division of Workers' Compensation Safety until

11  specifically amended by the Department of Labor and Employment

12  Security.

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

14  Occupational Safety and Health Administration and to the

15  Director of the National Institute for Occupational Safety and

16  Health and their authorized representatives in the adopted

17  federal Occupational Safety and Health Administration

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

19  Director of the Division of Workers' Compensation Safety of

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

21  authorized representatives.

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

23  Statutes, is amended to read:

24         252.937  Department powers and duties.--

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

26  the department shall provide administrative support, including

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

28  part for specified stationary sources subject to s. 252.939

29  and shall provide necessary funding to local emergency

30  planning committees and county emergency management agencies

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

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    Florida Senate - 2000                           CS for SB 2180
    311-1997-00




  1  with regulatory, inspection, or technical assistance programs

  2  for specified stationary sources subject to this part shall

  3  enter into a memorandum of understanding with the department

  4  which specifically outlines how each agency's staff,

  5  facilities, materials, and services will be utilized to

  6  support implementation. At a minimum, these agencies and

  7  programs include:  the Department of Environmental

  8  Protection's Division of Air Resources Management and Division

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

10  Employment Security's Division of Workers' Compensation

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

12  as efficiently and economically as possible, using existing

13  expertise and resources, if available and appropriate.

14         Section 6.  Section 627.0915, Florida Statutes, is

15  amended to read:

16         627.0915  Rate filings; workers' compensation,

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

18  Insurance shall approve rating plans for workers' compensation

19  insurance that give specific identifiable consideration in the

20  setting of rates to employers that either implement a

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

22  Division of Workers' Compensation of the Department of Labor

23  and Employment Security or implement a safety program approved

24  by the Division of Workers' Compensation Safety pursuant to

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

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

27  workplace program and a safety program. The Division of

28  Workers' Compensation Safety may by rule require that the

29  client of a help supply services company comply with the

30  essential requirements of a workplace safety program as a

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

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    Florida Senate - 2000                           CS for SB 2180
    311-1997-00




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

  2  state the savings anticipated to result from such drug-testing

  3  and safety programs.

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

  5  records, personnel, property, and unexpended balances of

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

  7  Safety of the Department of Labor and Employment Security are

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

  9  20.62(2), Florida Statutes, from that division to the Division

10  of Workers' Compensation within the Department of Labor and

11  Employment Security. The Division of Workers' Compensation

12  shall create a Bureau of Safety within its administrative

13  organization to assume the powers, duties, and functions

14  formerly allocated to the Division of Safety.

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

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

17  Statutes, by that section is abrogated.

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

19  law.

20

21          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
22                         Senate Bill 2180

23

24  The committee substitute provides technical and conforming
    changes to implement the transfer of safety responsibilities
25  relating to ch. 442, F.S., from the Division of Safety to the
    Division of Workers' Compensation.
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