General Assembly Substitute Bill No. 6434
January Session, 2013 *_____HB06434LAB___030813____*
General Assembly
Substitute Bill No. 6434
January Session, 2013
*_____HB06434LAB___030813____*
AN ACT CONCERNING VOLUNTEER FIRE DEPARTMENTS AND AMBULANCE COMPANIES AND THE DEFINITION OF EMPLOYER UNDER THE STATE OCCUPATIONAL SAFETY AND HEALTH ACT.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsection (d) of section 31-367 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(d) "Employer" means the state and any political subdivision thereof, and, except as provided in section 31-369, as amended by this act, any volunteer fire department and any volunteer ambulance company;
Sec. 2. Section 31-369 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(a) This chapter applies to all employers, employees and places of employment in the state except the following: (1) Employees of the United States government; [and] (2) working conditions of employees over which federal agencies other than the United States Department of Labor exercise statutory authority to prescribe or enforce standards or regulations affecting occupational safety and health; and (3) any volunteer fire department or volunteer ambulance company that can demonstrate such department or company is regulated by the Occupational Safety and Health Act of 1970 (15 USC 651 et seq.).
(b) Nothing in this chapter shall be construed to supersede or in any manner affect any workers' compensation law or to enlarge, diminish or affect in any manner common law or statutory rights, duties or liabilities of employers or employees, under any law with respect to injuries, diseases or death of employees arising out of and in the course of employment.
Sec. 3. Section 31-375 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(a) [If] Except as provided in subsection (d) of this section, if, upon inspection or investigation, the commissioner or his authorized representative believes that an employer has violated any provision of sections 31-369 and 31-370, as amended by this act, any standard promulgated pursuant to section 31-372 or any regulations adopted pursuant to this chapter, he shall, with reasonable promptness, issue a citation to the employer. Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provision of this chapter or the standard, regulation or order alleged to have been violated. The citation shall fix a reasonable time for the abatement of the violation.
(b) Each citation issued under this section or a copy or copies thereof shall be prominently posted as prescribed in regulations issued by the commissioner at or near each place a violation referred to in the citation occurred.
(c) No citation may be issued under this section after the expiration of six months following the occurrence of any violation.
(d) No citation may be issued under this section to a volunteer fire department or volunteer ambulance company unless such volunteer fire department's or volunteer ambulance company's violation resulted in serious bodily harm or death to a person.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2013 31-367(d)
Sec. 2 October 1, 2013 31-369
Sec. 3 October 1, 2013 31-375
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2013
31-367(d)
Sec. 2
October 1, 2013
31-369
Sec. 3
October 1, 2013
31-375
LAB Joint Favorable Subst.
LAB
Joint Favorable Subst.