Bill Text: FL H0359 | 2010 | Regular Session | Introduced

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Bill Title: Workplace Safety

Spectrum: Strong Partisan Bill (Democrat 10-1)

Status: (Failed) 2010-04-30 - Died in Committee on Governmental Affairs Policy (EDCA) [H0359 Detail]

Download: Florida-2010-H0359-Introduced.html

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HB 359

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
24	Be It Enacted by the Legislature of the State of Florida:
25
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, 2010, 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, 2010, 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, 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 29 C.F.R. part 1910,
64	and construction standards 29 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.

CODING: Words stricken are deletions; words underlined are additions.