| 1 | A bill to be entitled |
| 2 | An act relating to workplace safety; creating s. 440.1026, |
| 3 | F.S.; providing definitions; requiring public employers to |
| 4 | submit by a certain date injury and illness data to the |
| 5 | Division of Workers' Compensation in the Department of |
| 6 | Financial Services using a specified form; authorizing the |
| 7 | division to adopt rules; requiring the division to compile |
| 8 | data from the reports and make the data available on the |
| 9 | division's website; requiring the employer to retain the |
| 10 | reports for 7 years; requiring the division to establish a |
| 11 | toll-free telephone number for public employees relating |
| 12 | to workplace safety by a certain date; requiring the |
| 13 | division to provide certain information on its website by |
| 14 | a certain date; requiring all public employers to comply |
| 15 | with certain federal Occupation Safety and Health |
| 16 | Administration standards by a certain date; amending s. |
| 17 | 440.59, F.S.; revising the annual report submitted by the |
| 18 | department to include an analysis and summary on public |
| 19 | employers' work-related injuries and workers' compensation |
| 20 | claims; requiring the report to be provided to public |
| 21 | employers and related officials; providing an effective |
| 22 | date. |
| 23 |
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| 24 | Be It Enacted by the Legislature of the State of Florida: |
| 25 |
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| 26 | Section 1. Section 440.1026, Florida Statutes, is created |
| 27 | to read: |
| 28 | 440.1026 Public employer workplace safety.-- |
| 29 | (1) As used in this section, the term: |
| 30 | (a) "OSHA" means the Occupation Safety and Health |
| 31 | Administration in the Department of Labor. |
| 32 | (b) "Public employer" means any agency within state, |
| 33 | county, or municipal government, including school districts, |
| 34 | which employs individuals for salary, wages, or other |
| 35 | remuneration. |
| 36 | (2) Effective October 1, 2009, all public employers shall |
| 37 | collect and retain injury and illness data as incidents occur |
| 38 | using OSHA Form 300, Log of Work-Related Injuries and Illnesses. |
| 39 | (a) Data from the report shall be collected and submitted |
| 40 | to the division pursuant to procedures adopted by the division |
| 41 | by rule. |
| 42 | 1. Data from the report shall be compiled by the division |
| 43 | and the employer and made available on the department's website. |
| 44 | 2. The data shall be used to provide information needed |
| 45 | for the annual department report submitted pursuant to s. |
| 46 | 440.59. |
| 47 | 3. The reporting procedures must facilitate the state's |
| 48 | participation in the United States Department of Labor's Bureau |
| 49 | of Labor Statistics' injuries, illnesses, and fatalities |
| 50 | database. |
| 51 | (b) The report shall be retained by the employer for 7 |
| 52 | years. |
| 53 | (3) Effective October 1, 2009, the division shall |
| 54 | establish and publicize the availability of a toll-free |
| 55 | telephone number for public employees to ask questions, request |
| 56 | materials, seek assistance related to workplace safety, and |
| 57 | report perceived unsafe workplace conditions. |
| 58 | (4) Effective October 1, 2009, the division shall include |
| 59 | on its website a safety information link that provides a list of |
| 60 | professional resources that are available to assist public |
| 61 | employers in enhancing safety in their workplaces. |
| 62 | (5) Effective June 30, 2012, all public employers must |
| 63 | comply with OSHA general industry standards C.F.R. part 1910, |
| 64 | and construction standards C.F.R. part 1926, as applicable. |
| 65 | Section 2. Section 440.59, Florida Statutes, is amended to |
| 66 | read: |
| 67 | 440.59 Reporting requirements.--The department shall |
| 68 | annually prepare a report of the administration of this chapter |
| 69 | for the preceding calendar year., including |
| 70 | (1) The report must include: |
| 71 | (a) A detailed statement of the receipts of and |
| 72 | expenditures from the fund established in s. 440.50. and |
| 73 | (b) A statement of the causes of the accidents leading to |
| 74 | the injuries for which the awards were made., together with |
| 75 | (c) A comprehensive analysis and summary of public |
| 76 | employers' work-related illnesses, injuries, fatalities, and |
| 77 | compensation claims and costs. |
| 78 | (d) Such recommendations as the department considers |
| 79 | advisable. |
| 80 | (2) On or before September 15 of each year, the department |
| 81 | shall submit a copy of the report to the Governor, the President |
| 82 | of the Senate, the Speaker of the House of Representatives, the |
| 83 | Democratic and Republican Leaders of the Senate and the House of |
| 84 | Representatives, and the chairs of the legislative committees |
| 85 | having jurisdiction over workers' compensation. Each public |
| 86 | employer and related governing official shall be provided with a |
| 87 | copy of the analysis and summary described in paragraph (1)(c). |
| 88 | The report may be provided electronically. |
| 89 | Section 3. This act shall take effect July 1, 2009. |