The Florida Senate

442.014  Division cooperation with Federal Government; exemption from Division of Safety requirements.--

(1)  The division shall cooperate with the Federal Government so that duplicate inspections will be avoided yet assure safe places of employment for the citizens of this state.

(2)  Except as provided in this section, a private sector employer is not subject to the requirements of the Division of Safety if:

(a)  The employer is subject to the federal regulations in 29 C.F.R. ss. 1910 and 1926; and

(b)  The employer has adopted and implemented a written safety program that conforms to the requirements of 29 C.F.R. ss. 1910 and 1926; and

(c)  An employer with 20 or more full-time employees shall include provisions for a safety committee in the safety program. The safety committee must include employee representation and must meet at least once each calendar quarter. The employer must make adequate records of each meeting and maintain the records subject to inspections under subsection (3). The safety committee shall, if appropriate, make recommendations regarding improvements to the safety program and corrections of hazards affecting workplace safety; and

(d)  The employer provides the Division of Safety with a written statement that certifies compliance with this subsection.

(3)  The Division of Safety may enter at any reasonable time any place of employment for the purposes of verifying the accuracy of the written certification. If the Division of Safety determines that the employer has not complied with the requirements of subsection (2), the employer shall be subject to the rules of the Division of Safety until the employer complies with subsection (2) and recertifies that fact to the Division of Safety.

(4)  This section shall not restrict the Division of Safety from performing any duties pursuant to a written contract between the Division of Safety and the Federal Occupational Safety and Health Administration (OSHA).

History.--s. 65, ch. 93-415; s. 3, ch. 96-316.