Substitute Senate Bill No. 210
Public Act No. 22-67
AN ACT CONCERNING TECHNICAL AND OTHER CHANGES TO
THE LABOR DEPARTMENT STATUTES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (a) of section 31-2 of the 2022 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective from passage):
(a) The Labor Commissioner shall collect information upon the
subject of labor, its relation to capital, the hours of labor, the earnings of
laboring men and women and the means of promoting their material,
social, intellectual and moral prosperity, and may summon and examine
under oath such witnesses, and may direct the production of, and
examine or cause to be produced and examined, such books, records,
vouchers, memoranda, documents, letters, contracts or other papers in
relation thereto as he deems necessary, and shall have the same powers
in relation thereto as are vested in magistrates in taking depositions, but
for this purpose persons shall not be required to leave the vicinity of
their residences or places of business. [Said commissioner shall collect
and collate (1) population and employment data to project who is
working, who is not working and who will be entering the job market,
and (2) data concerning present job requirements and potential needs of
new industry.] Substitute Senate Bill No. 210
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Sec. 2. Subsection (f) of section 31-3pp of the 2022 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective from passage):
(f) [Not later than July 15, 2012, and annually thereafter, and January
15, 2013, and annually thereafter] In each fiscal year that eligible small
businesses and manufacturers are awarded subsidized employment
and training program grants pursuant to this section, the Labor
Commissioner shall provide a report not later than October first of such
fiscal year, in accordance with the provisions of section 11-4a, to the joint
standing committees of the General Assembly having cognizance of
matters relating to finance, revenue and bonding, appropriations,
commerce and labor. Said report shall include available data, for the
[six-month period ending on the last day of the calendar month] fiscal
year preceding such report, on (1) the number of small businesses that
participated in the Subsidized Training and Employment program
established pursuant to subsections (c) and (e) of this section, and the
general categories of such businesses, (2) the number of small
manufacturers that participated in the Subsidized Training and
Employment program established pursuant to subsections (d) and (e) of
this section, and the general categories of such manufacturers, (3) the
number of individuals that received employment, and (4) the most
recent estimate of the number of jobs created or maintained.
Sec. 3. Subsection (d) of section 31-3uu of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(d) [Not later than July 15, 2013, and annually thereafter, and January
15, 2014, and annually thereafter] In every fiscal year that eligible
businesses are awarded unemployed armed forces member subsidized
training and employment program grants pursuant to this section, the
Labor Commissioner shall provide a report not later than October first
of such fiscal year, in accordance with the provisions of section 11-4a, to Substitute Senate Bill No. 210
Public Act No. 22-67 3 of 21
the joint standing committees of the General Assembly having
cognizance of matters relating to finance, revenue and bonding,
appropriations, commerce, veterans and labor. Said report shall include
available data, for the [six-month period ending on the last day of the
calendar month] fiscal year preceding such report, on (1) the number of
businesses that participated in the Unemployed Armed Forces Member
Subsidized Training and Employment program established pursuant to
subsection (b) of this section, and the general categories of such
businesses, and (2) the number of individuals that received employment
under said program.
Sec. 4. Subsection (c) of section 31-51ii of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(c) The Labor Commissioner shall exempt any employer from the
requirements of this section if he finds that (1) requiring compliance
would be adverse to public safety, (2) the duties of a position may only
be performed by one employee, (3) the employer employs less than five
employees on a shift at a single place of business provided the
exemption shall only apply to the employees on such shift, or (4) the
continuous nature of an employer's operations, such as chemical
production or research experiments, requires that employees be
available to respond to urgent or unusual conditions at all times and
such employees are compensated for break and meal periods. [The
commissioner shall adopt regulations, in accordance with the
provisions of chapter 54, to establish the procedures and requirements
for the granting of such exemptions.]
Sec. 5. Subsections (a) to (e), inclusive, of section 31-225a of the 2022
supplement to the general statutes are repealed and the following is
substituted in lieu thereof (Effective from passage):
(a) As used in this chapter: Substitute Senate Bill No. 210
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(1) "Qualified employer" means each employer subject to this chapter
whose experience record has been chargeable with benefits for at least
one full experience year, with the exception of employers subject to a
flat entry rate of contributions as provided under subsection [(e)] (d) of
this section, employers subject to the maximum contribution rate under
subsection (c) of section 31-273, and reimbursing employers;
(2) "Contributing employer" means an employer who is assigned a
percentage rate of contribution under the provisions of this section;
(3) "Reimbursing employer" means an employer liable for payments
in lieu of contributions as provided under section 31-225;
(4) "Benefit charges" means the amount of benefit payments charged
to an employer's experience account under this section;
(5) "Computation date" means June thirtieth of the year preceding the
tax year for which the contribution rates are computed;
(6) "Tax year" means the calendar year immediately following the
computation date;
(7) "Experience year" means the twelve consecutive months ending
on June thirtieth;
(8) "Experience period" means the three consecutive experience years
ending on the computation date, except that (A) if the employer's
account has been chargeable with benefits for less than three years, the
experience period shall consist of the greater of one or two consecutive
experience years ending on the computation date, and (B) to the extent
allowed by federal law and as necessary to respond to the spread of
COVID-19, for any taxable year commencing on or after January 1, 2022,
the experience period shall be calculated without regard to benefit
charges and taxable wages for the experience years ending June 30, 2020,
and June 30, 2021, when applicable; [, and (C) for tax year 2026, Substitute Senate Bill No. 210
Public Act No. 22-67 5 of 21
"experience period" means one experience year ending on the
computation date and for tax year 2027, "experience period" means two
consecutive experience years ending on the computation date;] and
(9) "COVID-19" means the respiratory disease designated by the
World Health Organization on February 11, 2020, as coronavirus 2019,
and any related mutation thereof recognized by the World Health
Organization as a communicable respiratory disease.
(b) (1) The administrator shall maintain for each employer, except
reimbursing employers, an experience account in accordance with the
provisions of this section.
(2) With respect to each benefit year commencing on or after July 1,
1978, regular and additional benefits paid to an individual shall be
allocated and charged to the accounts of the employers who paid the
individual wages in his or her base period in accordance with the
following provisions: The initial determination establishing a claimant's
weekly benefit rate and maximum total benefits for his or her benefit
year shall include, with respect to such claimant and such benefit year,
a determination of the maximum liability for such benefits of each
employer who paid wages to the claimant in his or her base period. An
employer's maximum total liability for such benefits with respect to a
claimant's benefit year shall bear the same ratio to the maximum total
benefits payable to the claimant as the total wages paid by the employer
to the claimant within his or her base period bears to the total wages
paid by all employers to the claimant within his or her base period. This
ratio shall also be applied to each benefit payment. The amount thus
determined, rounded to the nearest dollar with fractions of a dollar of
exactly fifty cents rounded upward, shall be charged to the employer's
account.
(c) (1) (A) Any week for which the employer has compensated the
claimant in the form of wages in lieu of notice, dismissal payments or Substitute Senate Bill No. 210
Public Act No. 22-67 6 of 21
any similar payment for loss of wages shall be considered a week of
employment for the purpose of determining employer chargeability.
(B) No benefits shall be charged to any employer who paid wages of
five hundred dollars or less to the claimant in his or her base period.
(C) No dependency allowance paid to a claimant shall be charged to
any employer.
(D) In the event of a natural disaster declared by the President of the
United States, no benefits paid on the basis of total or partial
unemployment that is the result of physical damage to a place of
employment caused by severe weather conditions including, but not
limited to, hurricanes, snow storms, ice storms or flooding, or fire except
where caused by the employer, shall be charged to any employer.
(E) If the administrator finds that (i) an individual's most recent
separation from a base period employer occurred under conditions that
would result in disqualification by reason of subdivision (2), (6) or (9) of
subsection (a) of section 31-236, or (ii) an individual was discharged for
violating an employer's drug testing policy, provided the policy has
been adopted and applied consistent with sections 31-51t to 31-51aa,
inclusive, section 14-261b and any applicable federal law, no benefits
paid thereafter to such individual with respect to any week of
unemployment that is based upon wages paid by such employer with
respect to employment prior to such separation shall be charged to such
employer's account, provided such employer shall have filed a notice
with the administrator within the time allowed for appeal in section 31-
241.
(F) No base period employer's account shall be charged with respect
to benefits paid to a claimant if such employer continues to employ such
claimant at the time the employer's account would otherwise have been
charged to the same extent that he or she employed him or her during Substitute Senate Bill No. 210
Public Act No. 22-67 7 of 21
the individual's base period, provided the employer shall notify the
administrator within the time allowed for appeal in section 31-241.
(G) If a claimant has failed to accept suitable employment under the
provisions of subdivision (1) of subsection (a) of section 31-236 and the
disqualification has been imposed, the account of the employer who
makes an offer of employment to a claimant who was a former
employee shall not be charged with any benefit payments made to such
claimant after such initial offer of reemployment until such time as such
claimant resumes employment with such employer, provided such
employer shall make application therefor in a form acceptable to the
administrator. The administrator shall notify such employer whether or
not his or her application is granted. Any decision of the administrator
denying suspension of charges as herein provided may be appealed
within the time allowed for appeal in section 31-241.
(H) Fifty per cent of benefits paid to a claimant under the federal-state
extended duration unemployment benefits program established by the
federal Employment Security Act shall be charged to the experience
accounts of the claimant's base period employers in the same manner as
the regular benefits paid for such benefit year.
(I) No base period employer's account shall be charged with respect
to benefits paid to a claimant who voluntarily left suitable work with
such employer (i) to care for a seriously ill spouse, parent or child, or (ii)
due to the discontinuance of the transportation used by the claimant to
get to and from work, as provided in subparagraphs (A)(ii) and (A)(iii)
of subdivision (2) of subsection (a) of section 31-236.
(J) No base period employer's account shall be charged with respect
to benefits paid to a claimant who has been discharged or suspended
because the claimant has been disqualified from performing the work
for which he or she was hired due to the loss of such claimant's operator
license as a result of a drug or alcohol test or testing program conducted Substitute Senate Bill No. 210
Public Act No. 22-67 8 of 21
in accordance with section 14-44k, 14-227a or 14-227b while the claimant
was off duty.
(K) No base period employer's account shall be charged with respect
to benefits paid to a claimant whose separation from employment is
attributable to the return of an individual who was absent from work
due to a bona fide leave taken pursuant to sections 31-49f to 31-49t,
inclusive, or 31-51kk to 31-51qq, inclusive.
(L) On and after January 1, 2024, (i) no base period employer's
account shall be charged with respect to benefits paid to a claimant
through the voluntary shared work unemployment compensation
program established pursuant to section 31-274j, if a claim for benefits
is filed in a week in which the average rate of total unemployment in the
state equals or exceeds six and one-half per cent based on the most
recent three months of data published by the Labor Commissioner, and
(ii) the Labor Commissioner may determine that no base period
employer's account shall be charged with respect to benefits paid to a
claimant through the voluntary shared work unemployment
compensation program established pursuant to section 31-274j, if a
claim for benefits is filed in a week in which the average rate of total
unemployment in the state equals or exceeds eight per cent in the most
recent one month of data published by the Labor Commissioner.
(2) All benefits paid that are not charged to any employer shall be
pooled.
(3) The noncharging provisions of this chapter, except subparagraphs
(D), (F) and (K) of subdivision (1) of this subsection, shall not apply to
reimbursing employers.
(d) The standard rate of contributions shall be five and four-tenths
per cent. Each employer who has not been chargeable with benefits, for
a sufficient period of time to have his or her rate computed under this Substitute Senate Bill No. 210
Public Act No. 22-67 9 of 21
section shall pay contributions at a rate that is the higher of (1) one per
cent, or (2) the state's five-year benefit cost rate. For purposes of this
subsection, the state's five-year benefit cost rate shall be computed
annually on or before June thirtieth and shall be derived by dividing the
total dollar amount of benefits paid to claimants under this chapter
during the five consecutive calendar years immediately preceding the
computation date by the five-year payroll during the same period,
except that, to the extent allowed by federal law and as necessary to
respond to the spread of COVID-19, for any taxable year commencing
on or after January 1, 2022, the state's five-year benefit cost rate shall be
calculated without regard to benefit payments and taxable wages for
calendar years 2020 and 2021, when applicable. If the resulting quotient
is not an exact multiple of one-tenth of one per cent, the five-year benefit
cost rate shall be the next higher such multiple.
(e) (1) (A) As of each June thirtieth, the administrator shall determine
the charged tax rate for each qualified employer. Such rate shall be
obtained by calculating a benefit ratio for each qualified employer. The
employer's benefit ratio shall be the quotient obtained by dividing the
total amount chargeable to the employer's experience account during
the experience period by the total of his or her taxable wages during
such experience period that have been reported by the employer to the
administrator on or before the following September thirtieth. The
resulting quotient, expressed as a per cent, shall constitute the
employer's charged rate, except that each employer's charged rate for
calendar years 2024, [and] 2025, 2026 and 2027 shall be divided by 1.471,
[and] 1.269, 1.125 and 1.053, respectively.
(i) For calendar years commencing prior to January 1, 2024, if the
resulting quotient is not an exact multiple of one-tenth of one per cent,
the charged rate shall be the next higher such multiple, except that if the
resulting quotient is less than five-tenths of one per cent, the charged
rate shall be five-tenths of one per cent and if the resulting quotient is Substitute Senate Bill No. 210
Public Act No. 22-67 10 of 21
greater than five and four-tenths per cent, the charged rate shall be five
and four-tenths per cent.
(ii) For calendar years commencing on or after January 1, 2024, if the
resulting quotient is not an exact multiple of one-tenth of one per cent,
the charged rate shall be the next higher such multiple, except that if the
resulting quotient is less than one-tenth of one per cent, the charged rate
shall be one-tenth of one per cent and if the resulting quotient is greater
than ten per cent, the charged rate shall be ten per cent.
(B) [If] For calendar years commencing on and after January 1, 2024,
if the benefit ratios calculated pursuant to subparagraph (A) of this
subdivision would result in the average benefit ratio of all employers
within a sector of the North American Industry Classification System
increasing over the prior calendar year's such average by an amount
equal to or greater than .01, the benefit ratio of each employer within
such sector shall be adjusted downward by an amount equal to one-half
of the increase in the average benefit ratio of all employers within such
sector. Sectors 21 and 23 of said system shall be considered one sector
for the purposes of this subparagraph.
(2) (A) Each contributing employer subject to this chapter shall pay
an assessment to the administrator at a rate established by the
administrator sufficient to pay interest due on advances from the federal
unemployment account under Title XII of the Social Security Act (42 U.S.
Code Sections 1321 to 1324). The administrator shall establish the
necessary procedures for payment of such assessments. The amounts
received by the administrator based on such assessments shall be paid
over to the State Treasurer and credited to the General Fund. Any
amount remaining from such assessments, after all such federal interest
charges have been paid, shall be transferred to the Employment Security
Administration Fund or to the Unemployment Compensation Advance
Fund established under section 31-264a, (i) to the extent that any federal
interest charges have been paid from the Unemployment Compensation Substitute Senate Bill No. 210
Public Act No. 22-67 11 of 21
Advance Fund, (ii) to the extent that the administrator determines that
reimbursement is appropriate, or (iii) otherwise to the extent that
reimbursement of the advance fund is the appropriate accounting
principle governing the use of the assessments. Sections 31-265 to 31-
274, inclusive, shall apply to the collection of such assessments.
(B) On and after January 1, 1994, and conditioned upon the issuance
of any revenue bonds pursuant to section 31-264b, each contributing
employer shall also pay an assessment to the administrator at a rate
established by the administrator sufficient to pay the interest due on
advances from the Unemployment Compensation Advance Fund and
reimbursements required for advances from the Unemployment
Compensation Advance Fund, computed in accordance with subsection
(h) of section 31-264a. The administrator shall establish the assessments
as a percentage of the charged tax rate for each employer pursuant to
subdivision (1) of this subsection. The administrator shall establish the
necessary procedures for billing, payment and collection of the
assessments. Sections 31-265 to 31-274, inclusive, shall apply to the
collection of such assessments by the administrator. The payments
received by the administrator based on the assessments, excluding
interest and penalties on past due assessments, are hereby pledged and
shall be paid over to the State Treasurer for credit to the Unemployment
Compensation Advance Fund.
Sec. 6. Subsection (a) of section 31-231a of the 2022 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective from passage):
(a) (1) For a construction worker identified pursuant to regulations
adopted in accordance with subsection (c) of this section, the total
unemployment benefit rate for the individual's benefit year
commencing on or after April 1, 1996, shall be an amount equal to one
twenty-sixth, rounded to the next lower dollar, of the individual's total
wages paid during that quarter of the individual's current benefit year's Substitute Senate Bill No. 210
Public Act No. 22-67 12 of 21
base period in which wages were the highest but not less than fifteen
dollars.
(2) The total unemployment benefit rate for the individual's benefit
year commencing on January 1, 2024, shall be not less than forty dollars,
except that when the federal government provides a fully federally-
funded supplement to the individual's weekly benefit amount, the total
unemployment benefit rate shall be not less than fifteen dollars.
(3) [The] Except for the application of the individual's base period
wages in the calculation of the total unemployment benefit rate
pursuant to section 31-230 or a reduction in the maximum benefit rate
pursuant to subdivision (4) of subsection (b) of this section, the total
unemployment benefit rate for the individual's benefit year
commencing on or after January 1, 2025, shall be not less than the total
unemployment benefit rate for the [prior] immediately preceding
benefit year (A) adjusted by the percentage change in the employment
cost index or its successor index, for wages and salaries for all civilian
workers, as calculated by the United States Department of Labor, over
the twelve-month period ending on June thirtieth of the preceding year,
and (B) rounded to the nearest dollar, except that when the federal
government provides a fully federally-funded supplement to the
individual's weekly benefit amount, the total unemployment benefit
rate shall be not less than fifteen dollars.
(4) [The] Except for the application of the individual's base period
wages in the calculation of the total unemployment benefit rate
pursuant to section 31-230 or a reduction in the maximum benefit rate
pursuant to subdivision (4) of subsection (b) of this section, the
maximum weekly benefit rate under this subsection shall be not more
than the maximum benefit rate as provided in subdivision (4) of
subsection (b) of this section.
Sec. 7. Subsection (a) of section 31-237c of the general statutes is Substitute Senate Bill No. 210
Public Act No. 22-67 13 of 21
repealed and the following is substituted in lieu thereof (Effective from
passage):
(a) The board shall consist of three members appointed by the
Governor, one of whom shall be designated by the Governor as
[chairman] chairperson of the board of review. Notwithstanding the
provisions of subdivision (4) of section 5-198, such [chairman]
chairperson shall be in the classified service and shall devote full time
to the duties of [his] the office. Such [chairman] chairperson shall be
chosen by the Governor from a list of names submitted to [him] the
Governor by the Commissioner of Administrative Services pursuant to
the provisions of subsection (d) of section 5-228. The other two members
appointed to serve during the appointing Governor's term of office shall
be a representative of employers and a representative of employees and
shall devote full time to the duties of their offices. The members of the
board representing employers and employees shall be selected as such
representatives based upon previous vocation, employment or
affiliation. A member of the board may be removed by the Governor for
cause.
Sec. 8. Subsection (a) of section 31-237d of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(a) The [chairman] chairperson of the board shall be the executive
head of the appeals division. [He] The chairperson may delegate to any
person employed in the appeals division such authority as [he] the
chairperson deems reasonable and proper for the effective
administration of the division's responsibilities.
Sec. 9. Subsections (a) and (b) of section 31-237e of the general statutes
are repealed and the following is substituted in lieu thereof (Effective
from passage): Substitute Senate Bill No. 210
Public Act No. 22-67 14 of 21
(a) The members of the board, the chief referee and the referees of the
state shall each be paid from the Employment Security Administration
Fund a salary to be determined by the Commissioner of Administrative
Services pursuant to section 4-40, provided the chief referee shall receive
a salary greater than the salary paid to a referee and the [chairman]
chairperson of the board shall receive a salary greater than the salary
paid to the chief referee. Expenses incurred in the discharge of their
duties of office by the [chairman] chairperson and members of the
board, the chief referee, and the referees shall be reimbursed in
accordance with regulations established for state employees by the
Commissioner of Administrative Services.
(b) Subject to the provisions of chapter 67, the board may appoint
such employees in the appeals division as it deems necessary to carry
out its responsibilities under this chapter, provided the board shall
appoint a staff assistant. The staff assistant shall be qualified, by reason
of [his] training, education and experience, to carry out the duties of the
position, which include, but are not limited to, performing legal research
for the board, advising referees on legal matters relating to procedural
and substantive problems of hearings and appeals, assisting the board
[chairman] chairperson in preparing legislative amendments to
unemployment compensation law pertaining to appellate matters,
serving as acting [chairman] chairperson of the board in the [chairman's]
chairperson's absence, and other related duties as required.
Sec. 10. Section 31-237f of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
No member of the board shall participate in the hearing or
disposition of any appeal in which such member has any direct or
indirect interest. Challenge to the interest of any member of the board
may be made by any party to the proceeding and claimed for short
calendar, and such challenge shall be decided by the Superior Court. If
the challenge is upheld, the administrator shall so advise the Governor. Substitute Senate Bill No. 210
Public Act No. 22-67 15 of 21
In such a case, the Governor shall assign an alternate member appointed
pursuant to section 31-237c, as amended by this act, except that the staff
assistant shall automatically become acting [chairman] chairperson of
the board in the [chairman's] chairperson's absence. If a replacement for
any member of the board is required, the Governor shall appoint a
substitute who represents affiliations similar to that of the member
being replaced to fill such unexpired term.
Sec. 11. Section 31-237i of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) The referee section shall consist of such referees as the board
deems necessary for the prompt processing of appeals hearings and
decisions and for the performance of the duties imposed by this chapter.
Each such referee shall be appointed by the board and shall be in the
classified service of the state.
(b) The [chairman] chairperson of the board shall designate from
among the referees a chief referee. The chief referee shall be the
administrative head of the referee section and may delegate to any
referee or any person employed in the referee section such authority as
[he] the chief referee deems reasonable and proper for the effective
administration of his or her duties.
(c) The first appointments under this section shall be made no later
than March 1, 1975. Any vacancy in the office of referee shall be filled
by appointment by the board.
Sec. 12. Section 31-252 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
[With the approval of the Commissioner of Administrative Services,
the] The administrator shall [cause to be printed for distribution] make
available to the public, on its Internet web site, the text of this chapter,
the administrator's general regulations and his annual reports to the Substitute Senate Bill No. 210
Public Act No. 22-67 16 of 21
Governor and any other material the administrator deems relevant and
suitable, together with such decisions of the referees as the board
considers of general interest, and shall furnish the same to any person
upon application therefor.
Sec. 13. Subsection (b) of section 31-362g of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(b) Each defense contractor which (1) performs one or more defense
contracts in this state, the combined value of which exceeds one million
dollars in any one year, and (2) after October 1, 1994, is the recipient of
state assistance or other funds from the Department of Economic and
Community Development shall establish an alternative use committee.
The committee shall consist of representatives of employees and
employers. The employees of such contractor who are represented by a
collective bargaining organization shall be represented on such
committee by a representative of such organization. The employees of
such contractor who are not represented by a collective bargaining
organization shall designate a person to serve as their representative.
The committee may invite representatives of the community to
participate in committee meetings. The committee shall prepare a plan
to reduce or eliminate the dependence of the contractor on defense
contracts. The plan shall include: (A) Alternative products that are
feasible to produce and marketable; and (B) retraining resources needed
to produce such products in order to avoid dislocation of the current
workforce. [The Labor Commissioner shall adopt regulations pursuant
to chapter 54 to administer the establishment and composition of
alternate use committees and the committee's duty to establish plans
pursuant to this subsection.]
Sec. 14. Subsections (f) to (h), inclusive, of section 31-374 of the
general statutes are repealed and the following is substituted in lieu
thereof (Effective from passage): Substitute Senate Bill No. 210
Public Act No. 22-67 17 of 21
[(f) (1) Any employee or representative of employees who believes
that there is a violation of an occupational safety or health standard or
that there is an imminent danger of physical harm may request an
inspection by giving notice to the commissioner or his authorized
representative of such violation or danger. Any such notice shall be
reduced to writing and shall set forth with reasonable particularity the
grounds for the notice, and shall be signed by the employees or the
representative of employees. A copy of such notice shall be provided the
employer or the employer's agent no later than the time of the
inspection, provided, upon the request of the person giving such notice,
his or her name and the names of individual employees referred to
therein shall not appear in such copy or on any record published,
released or made available pursuant to subsection (g) of this section.
Upon the request of an individual employee whose name is not
included in such notice, but who at any time provides information to
the commissioner concerning the violation or danger alleged in such
notice, the name of such individual employee shall not appear on any
record published, released or made available pursuant to subsection (g)
of this section. If upon receipt of such notification the commissioner
determines there are reasonable grounds to believe that such violation
or danger exists, he shall make an inspection in accordance with the
provisions of this section as soon as practicable to determine if such
violation or danger exists. Such inspection may be limited to the alleged
violation or danger. If the commissioner determines there are no
reasonable grounds to believe that such violation or danger exists, he
shall notify the employer, employee or representative of employees in
writing of such determination. Such notification shall not preclude
future enforcement action if conditions change.
(2) Prior to or during any inspection of a work place, any employees
or representative of employees employed in such work place may notify
the commissioner or any representative of the commissioner responsible
for conducting the inspection in writing of any violation of this chapter Substitute Senate Bill No. 210
Public Act No. 22-67 18 of 21
which they have reason to believe exists in such work place. The
commissioner shall by regulation establish procedures for informal
review of any refusal by a representative of the commissioner to issue a
citation with respect to any such alleged violation and shall furnish the
employer and the employees or representative of employees requesting
such review a written statement of the reasons for the commissioner's
final disposition of the case. Such notification shall not preclude future
enforcement action if conditions change.]
[(g)] (f) (1) The commissioner may compile, analyze and publish in
either summary or detail form all reports or information obtained under
this section.
(2) The commissioner shall adopt such regulations in accordance with
chapter 54 and this chapter as he may deem necessary to carry out his
responsibilities under this chapter, including regulations dealing with
the inspection of an employer's or owner's establishment.
[(h)] (g) (1) In accordance with the provisions of section 4-38d, the
duty of the Department of Public Health to license and to establish
standards for health facilities operated by a commercial or industrial
establishment for the care of its employees shall be transferred to the
Division of Occupational Safety and Health of the Labor Department.
No commercial or industrial establishment within the state shall
establish, conduct, operate or maintain a health facility for its employees
without a license as required by this subsection.
(2) Application for such license shall be made to the Labor
Department upon forms provided by it and shall contain such
information as the department requires, which may include affirmative
evidence of ability to comply with reasonable standards and regulations
adopted pursuant to the provisions of this subsection. Upon receipt of
an application for a license, the Labor Department shall issue such
license if, upon inspection and investigation by the Division of Substitute Senate Bill No. 210
Public Act No. 22-67 19 of 21
Occupational Safety and Health, it finds that the applicant and facilities
meet the requirements established by regulation. Such license shall be
valid for one year or fraction thereof and shall terminate on March
thirty-first, June thirtieth, September thirtieth or December thirty-first of
each year. A license, unless sooner suspended or revoked, shall be
renewable annually, without charge, upon the filing by the licensee, and
approval by the Labor Department, of an annual report upon such date
and containing such information in such form as the department
prescribes and satisfactory evidence of continuing compliance with
requirements. Each license shall be issued only for the premises and
persons named in the application and shall not be transferable or
assignable. Licenses shall be posted in a conspicuous place on the
licensed premises.
(3) The Labor Department shall adopt, in accordance with chapter 54
and this chapter, and enforce regulations for health facilities licensed
under the provisions of this subsection in order to provide for
reasonable standards of health, safety and comfort for the employees
utilizing such facilities. The regulations adopted by the Labor
Department shall conform to the standards established by this chapter.
(4) The Labor Department, after reasonable notice and a hearing, may
suspend, revoke or refuse to renew a license in any case in which it finds
there has been a substantial failure to comply with the requirements
established under this subsection. The requirements of reasonable
notice and hearing, as provided for in this subsection, and appeals from
the decisions of said department, shall comply with the requirements of
chapter 54.
Sec. 15. Section 29-244 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
In the examination and inspection of premises provided for in
[sections] section 29-305, [and 31-9,] the officer making the inspection Substitute Senate Bill No. 210
Public Act No. 22-67 20 of 21
shall ascertain whether there is a valid operating certificate displayed as
required in section 29-238 and, if there is no such certificate displayed,
he shall at once inform the Commissioner of Administrative Services.
Sec. 16. Section 31-348a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) On or before July 1, 1993, each insurer writing workers'
compensation insurance in this state, either individually or through a
rating organization licensed pursuant to section 38a-672 of which the
insurer is a member or subscriber, shall file new voluntary pure
premium and assigned risk rates effective for the period July 1, 1993, to
June 30, 1994, containing a nineteen per cent benefit level reduction and
allowing due consideration for changes in loss costs based upon
experience updated through the end of 1992.
(b) Upon receipt of any rate filing made under this section by a rating
organization licensed pursuant to section 38a-672, the Insurance
Commissioner shall conduct a public hearing regarding the filing and
consult with an independent actuary engaged for the purpose of
certifying the accuracy of the benefit level reduction set forth in
subsection (a) of this section and determining whether the filed rates are
excessive, inadequate or unfairly discriminatory as determined by the
provisions of section 38a-665. The rates approved for the period July 1,
1993, to June 30, 1994, shall reflect (i) the actual loss costs experience
through the end of 1992 and (ii) the savings from benefit level reductions
effective July 1, 1993, as achieved by this section and sections [31-40u,]
31-40v, 31-275, 31-276, 31-279, 31-280, 31-284a, 31-288, 31-289b, 31-293,
31-294c, 31-295, 31-297a, 31-298, 31-299a, 31-300, 31-303, 31-306, 31-307
to 31-307b, inclusive, 31-308, 31-308a, 31-309, 31-310, 31-310c, 31-349, 31-
349a and 31-354.
(c) Within thirty days of the Insurance Commissioner's final decision
regarding a filing by a rating organization made pursuant to this section, Substitute Senate Bill No. 210
Public Act No. 22-67 21 of 21
each insurer writing workers' compensation insurance in this state shall
file revised rates for the voluntary market in accordance with the
provisions of section 38a-676. Such revised rates shall be applicable to
all new and renewal workers' compensation insurance policies effective
on or after July 1, 1993. For any policy in effect as of June 30, 1993, during
the period from July 1, 1993, through the end of the policy period, the
premium shall be reduced by a percentage which equals the benefit
level reduction certified pursuant to subsection (b) of this section. With
respect to new and renewal policies effective on or after July 1, 1993, and
before the final approval of the rates filed pursuant to this subsection,
each workers' compensation insurance carrier shall, not later than forty-
five days after the rates approved pursuant to this section become final,
adjust the premium of such new or renewal policy for the period after
July 1, 1993, to reflect the difference between the premium on the policy
as issued and the premium which reflects the rates as finally approved,
which rates shall reflect the specific savings achieved by this section and
sections [31-40u,] 31-40v, 31-275, 31-276, 31-279, 31-280, 31-284a, 31-288,
31-289b, 31-293, 31-294c, 31-295, 31-297a, 31-298, 31-299a, 31-300, 31-303,
31-306, 31-307 to 31-307b, inclusive, 31-308, 31-308a, 31-309, 31-310, 31-
310c, 31-349, 31-349a and 31-354.
Sec. 17. Sections 31-3y, 31-3z, 31-9, 31-11ll, 31-40a, 31-40b and 31-40u
of the general statutes are repealed. (Effective from passage)