Bill Text: FL S0154 | 2010 | Regular Session | Introduced

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Bill Title: Workplace Safety [CPSC]

Spectrum: Bipartisan Bill

Status: (Failed) 2010-04-30 - Died in Committee on Banking and Insurance [S0154 Detail]

Download: Florida-2010-S0154-Introduced.html

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Florida Senate - 2010                                     SB 154 
 
By Senator Lynn 
7-00023-10                                             2010154__ 
1                        A bill to be entitled 
2         An act relating to workplace safety; creating s. 
3         440.1026, F.S.; providing definitions; requiring 
4         public employers to submit by a certain date injury 
5         and illness data to the Division of Workers’ 
6         Compensation in the Department of Financial Services 
7         using a specified form; authorizing the division to 
8         adopt rules; requiring the division to compile data 
9         from the reports and make the data available on the 
10         department’s website; requiring the employer to retain 
11         the reports for 7 years; requiring the division to 
12         establish a toll-free telephone number for public 
13         employees relating to workplace safety by a certain 
14         date; requiring the division to provide certain 
15         information on its website by a certain date; 
16         requiring all public employers to comply with certain 
17         federal Occupation Safety and Health Administration 
18         standards by a certain date; amending s. 440.59, F.S.; 
19         revising the annual report submitted by the department 
20         to include an analysis and summary on public 
21         employers’ work-related injuries and workers’ 
22         compensation claims; requiring the report to be 
23         provided to public employers and related officials; 
24         providing an effective date. 
25 
26  Be It Enacted by the Legislature of the State of Florida: 
27 
28         Section 1. Section 440.1026, Florida Statutes, is created 
29  to read: 
30         440.1026 Public employer workplace safety.— 
31         (1) As used in this section, the term: 
32         (a) “OSHA” means the Occupation Safety and Health 
33  Administration in the Department of Labor. 
34         (b) “Public employer” means any agency within state, 
35  county, or municipal government, including school districts, 
36  which employs individuals for salary, wages, or other 
37  remuneration. 
38         (2) Effective October 1, 2010, all public employers shall 
39  collect and retain injury and illness data as incidents occur 
40  using OSHA Form 300, Log of Work-Related Injuries and Illnesses. 
41         (a) Data from the report shall be collected and submitted 
42  to the division pursuant to procedures adopted by the division 
43  by rule. 
44         1. Data from the report shall be compiled by the division 
45  by employer and made available on the department’s website. 
46         2. The data shall be used to provide information needed for 
47  the annual department report submitted pursuant to s. 440.59. 
48         3. The reporting procedures must facilitate the state’s 
49  participation in the United States Bureau of Labor Statistics’ 
50  injuries, illnesses, and fatalities database. 
51         (b) The report shall be retained by the employer for 7 
52  years. 
53         (3) Effective October 1, 2010, the division shall establish 
54  and publicize the availability of a toll-free telephone for 
55  public employees to ask questions, request materials, seek 
56  assistance related to workplace safety, and report perceived 
57  unsafe workplace conditions. 
58         (4) Effective October 1, 2010, 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, 2013, 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, 2010.