Connecticut 2021 Regular Session

Connecticut House Bill HB06477 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06477-R01-
4		-	HB.docx
5		-	1 of 2
	3	+	LCO No. 3472 1 of 3
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7		-	General Assembly ~~Substitute~~ Bill No. 6477
	5	+	General Assembly Raised Bill No. 6477
8	6		January Session, 2021
	7	+	LCO No. 3472
	8	+
	9	+
	10	+	Referred to Committee on LABOR AND PUBLIC EMPLOYEES
	11	+
	12	+
	13	+	Introduced by:
	14	+	(LAB)
	15	+
	16	+
9	17
10	18
11	19		AN ACT CONCERNING VO LUNTEER FIRE DEPARTM ENTS AND
12	20		AMBULANCE COMPANIES AND THE DEFINITION OF EMPLOYER
13	21		UNDER THE STATE OCCU PATIONAL SAFETY AND HEALTH ACT.
14	22		Be it enacted by the Senate and House of Representatives in General
15	23		Assembly convened:
16	24
17	25		Section 1. Subsection (d) of section 31-367 of the general statutes is 1
18	26		repealed and the following is substituted in lieu thereof (Effective from 2
19	27		passage): 3
20	28		(d) "Employer" means the state and any political subdivision thereof, 4
21	29		and, except as provided in section 31-369, as amended by this act, any 5
22	30		volunteer fire department and any volunteer ambulance company; 6
23	31		Sec. 2. Section 31-369 of the general statutes is repealed and the 7
24	32		following is substituted in lieu thereof (Effective from passage): 8
25	33		(a) This chapter applies to all employers, employees and places of 9
26	34		employment in the state except the following: (1) Employees of the 10
27	35		United States government; [and] (2) working conditions of employees 11
28	36		over which federal agencies other than the United States Department of 12
29		-	Labor exercise statutory authority to prescribe or enforce standards or 13
	37	+	Labor exercise statutory authority to prescribe or enforce standards or 13 Raised Bill No. 6477
	38	+
	39	+
	40	+
	41	+	LCO No. 3472 2 of 3
	42	+
30	43		regulations affecting occupational safety and health; and (3) any 14
31	44		volunteer fire department or volunteer ambulance company that can 15
32	45		demonstrate such department or company is regulated by the 16
33		-	Occupational Safety and Health Act of 1970, 29 USC 651 et seq., as 17
34		-	amended from time to time. 18 Substitute Bill No. 6477
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36		-
37		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06477-
38		-	R01-HB.docx }
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41		-	(b) Nothing in this chapter shall be construed to supersede or in any 19
42		-	manner affect any workers' compensation law or to enlarge, diminish or 20
43		-	affect in any manner common law or statutory rights, duties or liabilities 21
44		-	of employers or employees, under any law with respect to injuries, 22
45		-	diseases or death of employees arising out of and in the course of 23
46		-	employment. 24
47		-	Sec. 3. Subsection (c) of section 31-382 of the general statutes is 25
48		-	repealed and the following is substituted in lieu thereof (Effective from 26
49		-	passage): 27
50		-	(c) Any employer who has received a citation for a violation of the 28
51		-	requirements of sections 31-369, as amended by this act, and 31-370, of 29
52		-	any standard or order promulgated pursuant to section 31-372, or of 30
53		-	regulations adopted pursuant to this chapter, which violation is 31
54		-	specifically determined not to be of a serious nature, may be assessed a 32
55		-	civil penalty of up to one thousand dollars for each such violation, 33
56		-	except that any volunteer fire department and any volunteer ambulance 34
57		-	company shall, for the first such violation, only be issued a written 35
58		-	warning. 36
	46	+	Occupational Safety and Health Act of 1970, 15 USC 651 et seq. 17
	47	+	(b) Nothing in this chapter shall be construed to supersede or in any 18
	48	+	manner affect any workers' compensation law or to enlarge, diminish or 19
	49	+	affect in any manner common law or statutory rights, duties or liabilities 20
	50	+	of employers or employees, under any law with respect to injuries, 21
	51	+	diseases or death of employees arising out of and in the course of 22
	52	+	employment. 23
	53	+	Sec. 3. Subsection (c) of section 31-382 of the general statutes is 24
	54	+	repealed and the following is substituted in lieu thereof (Effective from 25
	55	+	passage): 26
	56	+	(c) Any employer who has received a citation for a violation of the 27
	57	+	requirements of sections 31-369, as amended by this act, and 31-370, of 28
	58	+	any standard or order promulgated pursuant to section 31-372, or of 29
	59	+	regulations adopted pursuant to this chapter, which violation is 30
	60	+	specifically determined not to be of a serious nature, may be assessed a 31
	61	+	civil penalty of up to one thousand dollars for each such violation, 32
	62	+	however, any volunteer fire department and any volunteer ambulance 33
	63	+	company shall, for the first such violation, only be issued a written 34
	64	+	warning. 35
59	65		This act shall take effect as follows and shall amend the following
60	66		sections:
61	67
62	68		Section 1 from passage 31-367(d)
63	69		Sec. 2 from passage 31-369
64	70		Sec. 3 from passage 31-382(c)
65	71
66		-	Statement of Legislative Commissioners:
67		-	In Section 2(a)(3), "15 USC 651 et seq" was changed to "29 USC 651 et
68		-	seq., as amended from time to time" for accuracy and consistency with
69		-	standard drafting conventions; and in Section 3, "however," was
70		-	changed to "except that" for consistency with standard drafting
71		-	conventions.
	72	+	Statement of Purpose:
	73	+	To clarify the definition of employer regarding volunteer fire
	74	+	departments and ambulance companies under the State Occupational
	75	+	Safety and Health Act. Raised Bill No. 6477
72	76
73		-	LAB Joint Favorable Subst. -LCO
	77	+
	78	+
	79	+	LCO No. 3472 3 of 3
	80	+
	81	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	82	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	83	+	underlined.]
74	84