Georgia 2023-2024 Regular Session

Georgia Senate Bill SB417 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		24 LC 39 4339S
2		-	Senate Bill 417
3		-	By: Senators Albers of the 56th, Robertson of the 29th, Burns of the 23rd, Hufstetler of the
4		-	52nd, Still of the 48th and others
5		-	AS PASSED
	2	+	The House Committee on Public Safety and Homeland Security offers the following
	3	+	substitute to SB 417:
6	4		A BILL TO BE ENTITLED
7	5		AN ACT
8		-	To amend Code Section 8-2-106 of the Official Code of Georgia Annotated, relating to
9		-	1
	6	+	To amend Code Section 8-2-106 of the Official Code of Georgia Annotated, relating to1
10	7		reporting of accidents relative to elevators, dumbwaiters, escalators, manlifts, and moving2
11	8		walks and removal from service of such equipment involved in accident, so as to provide for3
12	9		timing and documentation for such reports; to amend Title 16 of the Official Code of Georgia4
13	10		Annotated, relating to crimes and offenses, so as to revise the offense of criminal damage to5
14	11		property in the second degree; to provide for a criminal offense for ignition of fireworks near6
15	12		an emergency medical technician, firefighter, or law enforcement officer for purposes of7
16	13		hindering the official duties thereof or causing injury thereto; to provide for punishment; to8
17	14		provide for definitions; to amend Title 25 of the Official Code of Georgia Annotated, relating9
18	15		to fire protection and safety, so as to provide for authority of state fire marshal and10
19	16		employees to investigate and arrest upon request by the Safety Fire Commissioner; to11
20	17		prohibit the use of fireworks to cause injury or property damage; to revise licensing12
21	18		requirements and penalties relative to the display of fireworks and pyrotechnics and the sale13
22	19		of fireworks; to require a license for the use of certain special effects in production of a14
23	20		motion picture or television production; to revise provisions relative to the prohibition on the15
24	21		release of certain fire-propelled devices; to provide for penalties; to revise inspection and16
25	22		certification requirements relative to boilers and pressure vessels; to revise and provide for17
26	23		definitions; to amend Chapter 22 of Title 45 of the Official Code of Georgia Annotated,18
27		-	S. B. 417
	24	+	S. B. 417 (SUB)
28	25		- 1 - 24 LC 39 4339S
29		-	relating to public employee hazardous chemical protection and right to know, so as to allow
30		-	19
	26	+	relating to public employee hazardous chemical protection and right to know, so as to allow19
31	27		for the dissemination of certain information relative to hazardous chemicals in written or20
32	28		electronic format; to provide for penalties; to provide for definitions; to provide for21
33	29		conforming changes; to provide for related matters; to repeal conflicting laws; and for other22
34	30		purposes.23
35	31		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:24
36	32		SECTION 1.25
37	33		Code Section 8-2-106 of the Official Code of Georgia Annotated, relating to reporting of26
38	34		accidents relative to elevators, dumbwaiters, escalators, manlifts, and moving walks and27
39	35		removal from service of such equipment involved in accident, is amended by revising28
40	36		subsections (a) and (b) as follows:29
41	37		"(a) The owner or lessee shall report, by telephone, to the enforcement authority on the30
42	38		same day or by noon on the next work day, excluding state holidays and weekends, all31
43	39		elevator, escalator, manlift, moving walk, or power dumbwaiter related accidents involving32
44		-	personal injury or death. The owner or lessee shall also provide a written report of this
45		-	33
	40	+	personal injury or death. The owner or lessee shall also provide a written report of this33
46	41		accident within seven days file a report with all documentation of this accident by the end34
47	42		of the next business day.35
48	43		(b) The owner or lessee shall report, in writing, to the enforcement authority within seven36
49	44		days by the end of the next business day, excluding state holidays and weekends, all37
50	45		elevator, escalator, manlift, moving walk, or power dumbwaiter related accidents involving38
51	46		structural damage to the elevator, escalator, manlift, moving walk, or power dumbwaiter."39
52		-	S. B. 417
	47	+	S. B. 417 (SUB)
53	48		- 2 - 24 LC 39 4339S
54		-	SECTION 2.
55		-	40
	49	+	SECTION 2.40
56	50		Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is41
57	51		amended by revising Code Section 16-7-23, relating to criminal damage to property in the42
58	52		second degree, as follows:43
59	53		"16-7-23.44
60	54		(a) A person commits the offense of criminal damage to property in the second degree45
61		-	when he or she
62		-	:46
	55	+	when he or she:46
63	56		(1) Intentionally damages any property of another person without his or her consent and47
64	57		the damage thereto exceeds $500.00; or48
65	58		(2) Recklessly or intentionally, by means of fire, or explosive, or fireworks damages49
66	59		property of another person.50
67	60		(b) A person convicted of the offense of criminal damage to property in the second degree51
68	61		shall be punished by imprisonment for not less than one nor more than five years."52
69	62		SECTION 3.53
70	63		Said title is further amended by adding a new Code section to read as follows:54
71	64		"16-10-35.55
72	65		(a) As used in this Code section, the term:56
73	66		(1) 'Emergency medical technician' shall have the same meaning as set forth in Code57
74	67		Section 16-10-24.2.58
75	68		(2) 'Firefighter' shall have the same meaning as set forth in Code Section 16-10-24.1.59
76	69		(3) 'Firework' means any combustible or explosive composition or any substance or60
77	70		combination of substances or article the possession of which is regulated by Chapter 1061
78	71		of Title 25.62
79	72		(4) 'Law enforcement officer' means any person certified by the Georgia Peace Officer63
80	73		Standards and Training Council as having successfully completed the course of training64
81	74		required by Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act.'65
82		-	S. B. 417
	75	+	S. B. 417 (SUB)
83	76		- 3 - 24 LC 39 4339S
84	77		(b) It shall be unlawful for any person to knowingly and intentionally ignite a firework66
85	78		when such firework or component thereof explodes or detonates within 150 feet of or67
86	79		causes injury or harm to an emergency medical technician, firefighter, or law enforcement68
87	80		officer for the purpose of hindering or disrupting such emergency medical technician,69
88	81		firefighter, or law enforcement officer during the lawful discharge of his or her duties.70
89	82		(c) Any person who violates subsection (b) of this Code section shall be guilty of a high71
90	83		and aggravated misdemeanor."72
91	84		SECTION 4.73
92	85		Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is74
93	86		amended by revising Code Section 25-2-9, relating to authority of state fire marshal and75
94	87		employees to investigate and arrest, as follows:76
95	88		"25-2-9.77
96	89		(a) Upon the direction of the Commissioner or the request of the sheriff of the county, the78
97	90		chief of police of the jurisdiction, the district attorney of the judicial circuit, or a local fire79
98	91		official, the state fire marshal and any employees of such official shall have the authority80
99	92		to investigate the cause and origin of any fire which occurred in said county, jurisdiction,81
100	93		or judicial circuit.82
101	94		(b) Upon the direction of the Commissioner or the request of the sheriff of the county, the83
102	95		chief of police of the jurisdiction, the district attorney of the judicial circuit, or a local fire84
103	96		official, the state fire marshal and any employees of such official shall have the authority85
104	97		to investigate and enforce any laws provided for within this title or any regulations86
105	98		promulgated under this title.87
106	99		(c) Personnel employed and authorized by the state fire marshal shall have the power to88
107	100		make arrests for criminal violations established as a result of investigations. Such89
108	101		personnel must shall hold certification as a peace officer from the Georgia Peace Officer90
109	102		Standards and Training Council and shall have the power to execute arrest warrants and91
110		-	S. B. 417
	103	+	S. B. 417 (SUB)
111	104		- 4 - 24 LC 39 4339S
112		-	search warrants for criminal violations and to arrest, upon probable cause and without
113		-	92
	105	+	search warrants for criminal violations and to arrest, upon probable cause and without92
114	106		warrant, any person found violating any of the provisions of applicable criminal laws. 93
115	107		Authorized personnel empowered to make arrests pursuant to this Code section shall be94
116	108		empowered to carry firearms as authorized by the state fire marshal in the performance of95
117	109		their duties. It shall be unlawful for any person to resist an arrest authorized by this Code96
118	110		section or to interfere in any manner, including abetting or assisting such resistance or97
119	111		interference, with personnel employed by the state fire marshal in the duties imposed upon98
120	112		such personnel by law."99
121	113		SECTION 5.100
122	114		Said title is further amended in Code Section 25-10-1, relating to definitions relative to101
123	115		regulation of fireworks, by revising subsection (a) as follows:102
124	116		"(a) As used in this chapter, the term:103
125	117		(1) 'Consumer fireworks' means any small fireworks devices containing restricted104
126	118		amounts of pyrotechnic composition, designed primarily to produce visible or audible105
127	119		effects by combustion, that comply with the construction, chemical composition, and106
128	120		labeling regulations of the United States Consumer Product Safety Commission as107
129	121		provided for in Parts 1500 and 1507 of Title 16 of the Code of Federal Regulations, the108
130	122		United States Department of Transportation as provided for in Part 172 of Title 49 of the109
131	123		Code of Federal Regulations, and the American Pyrotechnics Association as provided for110
132	124		in the 2001 American Pyrotechnics Association Standard 87-1, and additionally shall111
133	125		mean Roman candles.112
134	126		(2) 'Consumer fireworks retail sales facility' shall have the same meaning as provided for113
135	127		by NFPA 1124; provided, however, that such term shall not include a tent, canopy, or114
136	128		membrane structure.115
137	129		(3) 'Consumer fireworks retail sales stand' shall have the same meaning as provided for116
138	130		by NFPA 1124.117
139		-	S. B. 417
	131	+	S. B. 417 (SUB)
140	132		- 5 - 24 LC 39 4339S
141		-	(4) 'Distributor' means any person, firm, corporation, association, or partnership which
142		-	118
	133	+	(4) 'Distributor' means any person, firm, corporation, association, or partnership which118
143	134		sells consumer fireworks.119
144		-	(4.1)
145		-	(5) 'Electric plant' shall have the same meaning as provided for in Code120
	135	+	(4.1)(5) 'Electric plant' shall have the same meaning as provided for in Code120
146	136		Section 46-3A-1.121
147	137		(5)(6) 'Fireworks' means any combustible or explosive composition or any substance or122
148	138		combination of substances or article prepared for the purpose of producing a visible or123
149	139		audible effect by combustion, explosion, deflagration, or detonation, including blank124
150	140		cartridges, firecrackers, torpedos, skyrockets, bombs, sparklers, and other combustibles125
151	141		and explosives of like construction, as well as articles containing any explosive or126
152	142		flammable compound and tablets and other devices containing an explosive substance.127
153	143		(7) 'Fireworks or pyrotechnics exhibition or display before a proximate audience' means128
154	144		any exhibition or display of fireworks, or any use of pyrotechnic special effects, that129
155	145		occurs within a building or structure or before an audience closer to the pyrotechnic130
156	146		devices than permitted by National Fire Protection Association Standard 1123, Code for131
157	147		Fireworks Display, as adopted by the Safety Fire Commissioner; provided, however, that132
158	148		such term shall not include the use of pyrotechnic special effects in television and motion133
159	149		picture production when no audience is present.134
160	150		(8) 'Flame effect' means the combustion of solids, liquids, or gases utilizing atmospheric135
161	151		oxygen to produce thermal, physical, visual, or audible phenomena before an audience136
162	152		or for use in motion picture and television production.137
163	153		(6)(9) 'NFPA 1124' means the National Fire Protection Association Standard 1124, Code138
164	154		for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and139
165	155		Pyrotechnic Articles, 2006 Edition.140
166	156		(7)(10) 'Nonprofit group' means any entity exempt from taxation under Section 501(c)(3)141
167	157		of the Internal Revenue Code of 1986, any entity incorporated under Chapter 3 of142
168	158		Title 14, the 'Georgia Nonprofit Corporation Code,' or a sponsored organization of a143
169	159		public or private elementary or secondary school in this state.144
170		-	S. B. 417
	160	+	S. B. 417 (SUB)
171	161		- 6 - 24 LC 39 4339S
172	162		(8) 'Proximate audience' means an audience closer to pyrotechnic devices than permitted145
173	163		by the National Fire Protection Association Standard 1123, Code for Fireworks Display,146
174	164		as adopted by the Safety Fire Commissioner.147
175	165		(11) 'Personal and private use' means the use of consumer fireworks for any activity148
176	166		other than any activity of a professional or commercial nature or for profit or commercial149
177	167		gain and intended, in particular, for household entertainment or enjoyment for private150
178	168		gatherings.151
179	169		(12) 'Public exhibition or display of fireworks' means the use of pyrotechnics, display152
180	170		fireworks, consumer fireworks, or any combination thereof for any purpose relating to153
181	171		the amusement or entertainment of the public that does not occur within a building or154
182	172		structure or before a proximate audience; provided, however, that such term shall not155
183	173		include the private and personal use of consumer fireworks by the public.156
184	174		(9)(13) 'Pyrotechnics' means fireworks not intended for use by the general public.157
185	175		(14) 'Special effect' means an audible or visual effect created for motion picture and158
186	176		television production through the use of flammable or combustible liquids, flammable159
187	177		solids, explosives, fireworks, pyrotechnics, flame effects, and any similar materials and160
188	178		devices.161
189	179		(10)(15) 'Store' shall have the same meaning as provided for by NFPA 1124; provided,162
190	180		however, that such term shall only include such buildings with at least 4,000 square feet163
191	181		of retail display space and wherefrom:164
192	182		(A) No more than 25 percent of such retail display space is used for consumer165
193	183		fireworks and items or products as provided for under paragraph (2) of subsection (b)166
194	184		of this Code section; and167
195	185		(B) Other items or products which are not consumer fireworks or items or products as168
196	186		provided for under paragraph (2) of subsection (b) of this Code section are sold;169
197		-	S. B. 417
	187	+	S. B. 417 (SUB)
198	188		- 7 - 24 LC 39 4339S
199		-	and provided, further, that such term means a person, firm, corporation, association, or
200		-	170
	189	+	and provided, further, that such term means a person, firm, corporation, association, or170
201	190		partnership with more than one mercantile location, where all such mercantile locations171
202	191		are collectively known to the public by the same name or share central management.172
203		-	(11)
204		-	(16) 'Waste-water treatment plant' shall have the same meaning as provided for in173
	192	+	(11)(16) 'Waste-water treatment plant' shall have the same meaning as provided for in173
205	193		Code Section 43-51-2.174
206	194		(12)(17) 'Water treatment plant' shall have the same meaning as provided for in Code175
207	195		Section 43-51-2."176
208	196		SECTION 6.177
209	197		Said title is further amended in Code Section 25-10-2, relating to prohibited fireworks178
210	198		activities and application of noise ordinances, by adding a new subsection to read as follows:179
211	199		"(a.1) It shall be unlawful for any person, firm, corporation, association, or partnership to180
212	200		cause injury to another person or damage any property of another by means of fireworks181
213	201		whether recklessly or intentionally."182
214	202		SECTION 7.183
215	203		Said title is further amended by revising Code Section 25-10-3.2, relating to license required184
216	204		for pyrotechnics exhibits, requirements, and penalty for violations, as follows:185
217	205		"25-10-3.2.186
218	206		(a)(1) No person, firm, corporation, association, or partnership shall cause the187
219	207		combustion, explosion, deflagration, detonation, or ignition of pyrotechnics for the188
220	208		purpose of a public fireworks or pyrotechnics exhibition or display before a proximate189
221	209		audience unless such person, firm, corporation, association, or partnership holds a valid190
222	210		license issued by the Safety Fire Commissioner in accordance with the provisions of this191
223	211		Code section paragraph (2) of this subsection. Any application for such a license shall192
224	212		be made to the Safety Fire Commissioner in the form prescribed by the Safety Fire193
225	213		Commissioner.194
226		-	S. B. 417
	214	+	S. B. 417 (SUB)
227	215		- 8 - 24 LC 39 4339S
228	216		(b)(2) All applicants must shall meet the following requirements for licensure to conduct195
229	217		a fireworks or pyrotechnics exhibition or display before a proximate audience:196
230	218		(1)(A) The applicant shall submit to the Safety Fire Commissioner proof of a valid197
231	219		comprehensive liability insurance policy purchased from an insurer authorized to do198
232	220		business in Georgia. The coverage must shall include bodily injury and property199
233	221		damage, products liability, completed operations, and contractual liability. The proof200
234	222		of insurance must shall also be provided before any license can be renewed. The201
235	223		minimum amount of said coverage shall be $1 million or such other amount as202
236	224		specified by the Safety Fire Commissioner. An insurer that provided such coverage203
237	225		shall notify the Safety Fire Commissioner of any change in coverage;204
238	226		(2)(B) The applicant shall pay the required licensing fee as prescribed in Code205
239	227		Section 25-10-5; and206
240	228		(3)(C) The applicant shall comply with all rules and regulations promulgated by the207
241	229		Safety Fire Commissioner pursuant to this chapter.208
242	230		(c)(b)(1) No person, firm, corporation, association, or partnership shall cause the209
243	231		combustion, explosion, deflagration, detonation, or ignition of fireworks for the purpose210
244	232		of a public exhibition or display of fireworks unless such person, firm, corporation,211
245	233		association, or partnership holds a valid license issued by the Safety Fire Commissioner212
246	234		in accordance with the provisions of paragraph (2) of this subsection. Any application213
247	235		for such a license shall be made to the Safety Fire Commissioner in the form prescribed214
248	236		by the Safety Fire Commissioner. Any violation of this chapter shall be grounds for215
249	237		revocation or denial of licensure to conduct pyrotechnic displays.216
250	238		(2) All applicants shall meet the following requirements for licensure to conduct a public217
251	239		exhibition or display of fireworks:218
252	240		(A) The applicant shall submit to the Safety Fire Commissioner proof of competency219
253	241		of all operators and assistants;220
254		-	S. B. 417
	242	+	S. B. 417 (SUB)
255	243		- 9 - 24 LC 39 4339S
256	244		(B) The applicant shall pay the required licensing fee as prescribed in Code221
257	245		Section 25-10-5; and222
258	246		(C) The applicant shall comply with all rules and regulations promulgated by the223
259	247		Safety Fire Commissioner pursuant to this chapter.224
260	248		(c)(1) No person, firm, corporation, association, or partnership shall cause the225
261	249		combustion, explosion, deflagration, detonation, or ignition of special effects unless such226
262	250		person, firm, corporation, association, or partnership holds a valid license issued by the227
263	251		Safety Fire Commissioner in accordance with the provisions of paragraph (2) of this228
264	252		subsection, provided that any use of special effects in which an audience is present shall229
265	253		require licensure pursuant to subsection (a) of this Code section. Any application for230
266	254		such a license shall be made to the Safety Fire Commissioner in the form prescribed by231
267	255		the Safety Fire Commissioner.232
268	256		(2) All applicants shall meet the following requirements for licensure to use special233
269	257		effects:234
270	258		(A) The applicant shall submit to the Safety Fire Commissioner proof of competency235
271	259		of all operators and assistants;236
272	260		(B) The applicant shall pay the required licensing fee as prescribed in Code237
273	261		Section 25-10-5; and238
274	262		(C) The applicant shall comply with all rules and regulations promulgated by the239
275	263		Safety Fire Commissioner pursuant to this chapter.240
276	264		(d) The license issued pursuant to subsection (c) of this Code Section shall not authorize241
277	265		the manufacture, transportation, use, sale, or storage of explosives as provided for in242
278	266		subsection (d) of Code Section 25-2-17.243
279	267		(e) Any violation of this chapter shall be grounds for revocation or denial of licensure to244
280	268		conduct a fireworks or pyrotechnics exhibition or display before a proximate audience, to245
281	269		conduct a public exhibition or display of fireworks, or for the use of special effects."246
282		-	S. B. 417
	270	+	S. B. 417 (SUB)
283	271		- 10 - 24 LC 39 4339S
284		-	SECTION 8.
285		-	247
	272	+	SECTION 8.247
286	273		Said title is further amended by revising Code Section 25-10-4, relating to permit required248
287	274		to conduct public fireworks exhibition or display, as follows:249
288	275		"25-10-4.250
289	276		(a) Any person, firm, corporation, association, or partnership desiring to conduct a public251
290		-	exhibition or display of fireworks not before a proximate audience
291		-	shall first obtain a252
	277	+	exhibition or display of fireworks not before a proximate audience shall first obtain a252
292	278		permit from the judge of the probate court of the county local fire authority of the county,253
293	279		municipality, or other political subdivision or the chartered fire department legally254
294	280		organized to operate in this state pursuant to Chapter 3 of this title and having operational255
295	281		authority of the area in which the public exhibition or display of fireworks is to be held. 256
296	282		Application for a permit must shall be made in writing and filed with the judge local fire257
297	283		authority not less than ten days prior to the date of the proposed public exhibition or258
298	284		display of fireworks. Fireworks distributors located outside this state shall obtain display259
299	285		permit application forms and provide the same to applicants upon request. The judge local260
300	286		fire authority may grant a permit for the display public exhibition or display of fireworks261
301	287		on the following conditions:262
302	288		(1) That the display be conducted by a competent operator approved by the judge public263
303	289		exhibition or display of fireworks be conducted by an operator licensed pursuant to264
304	290		subsection (b) of Code Section 25-10-3.2;265
305	291		(2) That the display shall be of such character as in the opinion of the judge will not be266
306	292		hazardous to persons or property;267
307	293		(3)(2) That the local fire official responsible for the area in question certifies in writing268
308	294		that the site for the display meets his or her approval and public exhibition or display of269
309	295		fireworks is in compliance with all applicable codes; and270
310	296		(4)(3) That the application be accompanied by a bond in the principal sum of $10,000.00271
311	297		$50,000.00, payable to the county, municipality, or other political subdivision in which272
312	298		the display public exhibition or display of fireworks is being held and conditioned for the273
313		-	S. B. 417
	299	+	S. B. 417 (SUB)
314	300		- 11 - 24 LC 39 4339S
315		-	payment of damages which may be caused either to persons or to property by reason of
316		-	274
317		-	the display
318		-	public exhibition or display of fireworks or, alternatively, that the application275
	301	+	payment of damages which may be caused either to persons or to property by reason of274
	302	+	the display public exhibition or display of fireworks or, alternatively, that the application275
319	303		be accompanied by evidence that the applicant carries proper liability insurance for276
320	304		bodily injury in the amount of not less than $25,000.00 for each person and $50,000.00277
321	305		for each accident and for property damage in the amount of not less than $25,000.00 for278
322	306		each accident and $50,000.00 aggregate, with an insurance company duly licensed by the279
323	307		Commissioner of Insurance.280
324	308		(b) Any person, firm, corporation, association, or partnership desiring to conduct a public281
325	309		fireworks or pyrotechnics exhibition or display of fireworks before a proximate audience282
326	310		shall first obtain a permit from the judge of the probate court of the county local fire283
327	311		authority of the county, municipality, or other political subdivision or the chartered fire284
328	312		department legally organized to operate in this state pursuant to Chapter 3 of this title and285
329	313		having operational authority of the area in which the public fireworks or pyrotechnics286
330	314		exhibition or display is to be held. Application for a permit must shall be made in writing287
331	315		and filed with the judge local fire authority not less than ten days prior to the date of the288
332	316		proposed public fireworks or pyrotechnics exhibition or display of fireworks before a289
333	317		proximate audience. Such application must contain the license number issued by the290
334	318		Safety Fire Commissioner for the person, firm, corporation, association, or partnership that291
335	319		will cause the combustion, explosion, deflagration, or detonation of pyrotechnics at the292
336	320		public exhibition or display. Fireworks distributors located outside this state shall obtain293
337	321		display permit application forms and provide the same to applicants upon request. The294
338	322		judge local fire authority may grant a permit for the display fireworks or pyrotechnics295
339	323		exhibition or display before a proximate audience on the following conditions:296
340	324		(1) That the fireworks or pyrotechnics exhibition or display be conducted by a competent297
341	325		operator approved by the judge an operator licensed pursuant to subsection (a) of Code298
342	326		Section 25-10-3.2;299
343		-	S. B. 417
	327	+	S. B. 417 (SUB)
344	328		- 12 - 24 LC 39 4339S
345	329		(2) That the display shall be of such character as in the opinion of the judge will not be300
346	330		hazardous to persons or property;301
347	331		(3)(2) That the local fire official responsible for the area in question certifies in writing302
348	332		that the site for the display meets his or her approval and fireworks or pyrotechnics303
349	333		exhibition or display is in compliance with all applicable codes; and304
350	334		(4)(3) That the application be accompanied by a bond in the principal sum of $10,000.00305
351	335		$50,000.00, payable to the county, municipality, or other political subdivision in which306
352	336		the display is being held and conditioned for the payment of damages that may be caused307
353	337		either to persons or to property by reason of the fireworks or pyrotechnics exhibition or308
354	338		display or, alternatively, that the application be accompanied by evidence that the309
355	339		applicant carries property liability insurance for bodily injury in the amount of not less310
356	340		than $25,000.00 for each person and $50,000.00 for each accident and for property311
357	341		damage in the amount of not less than $25,000.00 for each accident and $50,000.00312
358	342		aggregate, with an insurance company duly licensed by the Commissioner of Insurance.313
359	343		(c) No permit, as provided for in subsections (a) and (b) of this Code section, shall be314
360	344		granted unless the applicant has met all the requirements of and is in full compliance with315
361	345		the rules and regulations promulgated by the Safety Fire Commissioner pursuant to this316
362	346		chapter.317
363	347		(d) The permit provided for in subsection (a) or (b) of this Code section shall be limited318
364	348		to the time specified therein, such time not to which shall not exceed a two-week period. 319
365	349		The permit shall not be transferable. In the event any fireworks bought and possessed320
366	350		under this Code section are not used by the licensee or in the event that there is a surplus321
367	351		or excess after the two-week period expires, it shall be the duty of the licensee to return322
368	352		such fireworks to a facility approved in accordance with Code Section 25-10-3.1 and the323
369	353		rules and regulations promulgated by the Safety Fire Commissioner. Fireworks stored in324
370	354		accordance with Code Section 25-10-3.1 and regulations shall not be deemed contraband325
371	355		and shall not be subject to seizure.326
372		-	S. B. 417
	356	+	S. B. 417 (SUB)
373	357		- 13 - 24 LC 39 4339S
374	358		(e) The judge of the probate court shall receive $10.00 for his or her services local fire327
375	359		authority shall receive a fee of up to $100.00 for the administrative cost of processing in328
376	360		granting or refusing the original permit and $1.00 pursuant to this Code section and $10.00329
377	361		for each copy issued, to be paid by the applicant. In addition to the original permit fees,330
378	362		local fire authorities may also charge reasonable fees for personnel needed for standby fire331
379	363		suppression and permit compliance. The judge of the probate court local fire authority332
380	364		shall provide the Safety Fire Commissioner a copy of each permit granted prior to the333
381	365		proposed date of the public exhibition or display of fireworks or the fireworks or334
382	366		pyrotechnics exhibition or display before a proximate audience."335
383	367		SECTION 9.336
384	368		Said title is further amended by revising Code Section 25-10-5, relating to license and fee for337
385	369		manufacture, storage, and transportation of fireworks or pyrotechnic displays, regulations,338
386	370		and inspections, as follows:339
387	371		"25-10-5.340
388	372		(a) The annual license fee for any person, firm, or corporation, association, or partnership341
389	373		conducting business in this state under paragraph (4) of Code Section 25-10-3 or storing342
390	374		fireworks under Code Section 25-10-3.1 or conducting pyrotechnic displays under343
391	375		fireworks or pyrotechnics exhibitions or displays before a proximate audience under344
392	376		subsection (a) of Code Section 25-10-3.2 shall be $1,500.00 per year, payable to the Safety345
393	377		Fire Commissioner. The license shall expire on December 31 of each year. The Safety346
394	378		Fire Commissioner is authorized and directed to promulgate safety regulations relating to347
395	379		the manufacture, storage, and transportation of fireworks within this state in order to ensure348
396	380		the adequate protection of the employees of any such person, firm, or corporation,349
397	381		association, or partnership and of the general public. The Safety Fire Commissioner is also350
398	382		further authorized and directed to promulgate safety regulations relating to the public351
399	383		exhibition or display of pyrotechnics fireworks or pyrotechnics exhibitions or displays352
400		-	S. B. 417
	384	+	S. B. 417 (SUB)
401	385		- 14 - 24 LC 39 4339S
402	386		before a proximate audience and the licensing requirements of those conducting such353
403	387		public fireworks or pyrotechnics exhibitions or displays before a proximate audience, as354
404	388		he or she deems necessary. The Safety Fire Commissioner is further authorized and355
405	389		directed to conduct periodic inspections of the facilities of any person, firm, or corporation,356
406	390		association, or partnership manufacturing, storing, and transporting fireworks as provided357
407	391		in paragraph (4) of Code Section 25-10-3 or as provided in Code Section 25-10-3.1 in order358
408	392		to ensure compliance with fire safety rules and regulations.359
409	393		(b) The annual license fee for any person, firm, corporation, association, or partnership360
410	394		conducting public exhibitions or displays of fireworks or using special effects under Code361
411	395		Section 25-10-3.2 shall be $500.00 per year, payable to the Safety Fire Commissioner. The362
412	396		license shall expire on December 31 of each year. The Safety Fire Commissioner is363
413	397		authorized and directed to promulgate safety regulations relating to public exhibitions or364
414	398		displays of fireworks and the licensing requirements of those conducting such public365
415	399		exhibitions or displays of fireworks, as he or she deems necessary. The Safety Fire366
416	400		Commissioner is further authorized and directed to promulgate safety regulations relating367
417	401		to the use of special effects and the licensing requirements of those using such special368
418	402		effects, as he or she deems necessary."369
419	403		SECTION 10.370
420	404		Said title is further amended in Code Section 25-10-8, relating to penalty for violations of371
421	405		chapter, by adding a new subsection and revising subsection (b) as follows:372
422	406		"(b) Any person, firm, corporation, association, or partnership that violates subsection (a)373
423	407		of Code Section 25-10-2 shall be guilty of a felony and shall be punished pursuant to Code374
424	408		Section 16-7-23 and shall also be subject to a monetary penalty of not more than375
425	409		$10,000.00.376
426		-	S. B. 417
	410	+	S. B. 417 (SUB)
427	411		- 15 - 24 LC 39 4339S
428	412		(b)(c) Any person, firm, corporation, association, or partnership that violates any other377
429	413		provision of this chapter shall be guilty of a misdemeanor and shall be subject to monetary378
430	414		penalties as provided for in Code Section 25-10-9."379
431	415		SECTION 11.380
432	416		Said title is further amended by revising Code Section 25-10-9, relating to penalty for illegal381
433	417		use or sale of fireworks, as follows:382
434	418		"25-10-9.383
435	419		Notwithstanding any provision of this chapter to the contrary, the Safety Fire384
436	420		Commissioner shall have the authority to subject any person, firm, corporation, association,385
437	421		or partnership that knowingly violates this chapter to a monetary penalty of up to $2,500.00386
438	422		for each and every act in violation of this chapter; provided, however, that the Safety Fire387
439	423		Commissioner shall have the authority to subject any person, firm, corporation, association,388
440	424		or partnership that knowingly sells consumer fireworks from a tent, canopy, or membrane389
441	425		structure to a monetary penalty of up to $5,000.00 and, if any such person, firm,390
442	426		corporation, association, or partnership is a distributor, then a license revocation for not391
443	427		more than two years. Each sales transaction in violation of this chapter shall be a separate392
444	428		offense."393
445	429		SECTION 12.394
446	430		Said title is further amended by revising Code Section 25-10-10, relating to prohibition on395
447	431		release of certain fire-propelled devices into the air and certain floating lantern devices into396
448	432		public water locations, as follows:397
449	433		"25-10-10.398
450	434		(a) It shall be unlawful for any person, firm, corporation, association, or partnership to sell399
451	435		or offer for sale or release or cause to be released any balloon, bag, parachute, or other400
452	436		similar device which requires fire underneath for propulsion or to release or cause to be401
453		-	S. B. 417
	437	+	S. B. 417 (SUB)
454	438		- 16 - 24 LC 39 4339S
455	439		released any floating water lantern or wish lantern which uses a flame to create a lighting402
456	440		effect in any public waterway, lake, pond, stream, or river.403
457	441		(b) It shall be unlawful for any person, firm, corporation, association, or partnership to404
458	442		release or cause to be released any floating water lantern which uses a flame to create a405
459	443		lighting effect in any public waterway, lake, pond, stream, or river."406
460	444		SECTION 13.407
461	445		Said title is further amended in Code Section 25-15-16, relating to exceptions from article408
462	446		and exemptions from inspection and certificate requirements relative to regulation of boilers409
463	447		and pressure vessels, by revising paragraphs (13) through (15) of subsection (a) as follows:410
464	448		"(13) Boilers and pressure vessels operated and maintained as a part of a manufacturing411
465	449		process; provided, however, that any person, firm, partnership, or corporation operating412
466	450		such a boiler or pressure vessel has insurance or is self-insured and such boiler or413
467	451		pressure vessel is regularly inspected in accordance with the minimum requirements for414
468	452		safety as defined in the ASME Code by an inspector who has been issued a certificate of415
469	453		competency by the Commissioner in accordance with the provisions of Code416
470	454		Section 25-15-19;417
471	455		(14)(13) Boilers and pressure vessels operated and maintained by a public utility; and418
472	456		(15)(14) Autoclaves used only for the sterilization of reusable medical or dental419
473	457		implements in the place of business of any professional licensed by the laws of this state."420
474	458		SECTION 14.421
475	459		Said title is further amended by revising Code Section 25-15-18, relating to deputy inspectors422
476	460		for boilers and pressure vessels, as follows:423
477	461		"25-15-18.424
478	462		The Commissioner may employ deputy inspectors who shall be responsible to the chief425
479	463		inspector and who shall have, had at the time of appointment not:426
480		-	S. B. 417
	464	+	S. B. 417 (SUB)
481	465		- 17 - 24 LC 39 4339S
482	466		(1)(A) Not less than three years' experience in the construction, installation, inspection,427
483	467		operation, maintenance, or repair of high pressure boilers and pressure vessels as a428
484	468		mechanical engineer, steam operating engineer, boilermaker, or boiler inspector and429
485	469		who shall have passed; or430
486	470		(B) Successfully completed a nationally recognized program which provides adequate431
487	471		experience in the field that has been approved by the Commissioner through rule or432
488	472		regulation; and433
489	473		(2) Passed the examination provided for in Code Section 25-15-20."434
490	474		SECTION 15.435
491	475		Said title is further amended in Code Section 25-15-23, relating to inspections of boilers and436
492	476		pressure vessels, by revising subparagraph (b)(1)(D) as follows:437
493	477		"(D) Pressure vessels subject to internal corrosion shall receive a certificate inspection438
494	478		triennially biannually with an internal inspection at the discretion of the inspector. 439
495	479		Pressure vessels not subject to internal corrosion shall receive a certificate of inspection440
496	480		at intervals set by the office; and"441
497	481		SECTION 16.442
498	482		Chapter 22 of Title 45 of the Official Code of Georgia Annotated, relating to public443
499	483		employee hazardous chemical protection and right to know, is amended in Code444
500	484		Section 45-22-2, relating to definitions, by revising paragraphs (15) through (20) and adding445
501	485		a new paragraph to read as follows:446
502	486		"(15) 'Material safety data sheet' means the document prepared by manufacturers in447
503	487		accordance with the requirements of the Occupational Safety and Health Administration448
504	488		standard, 29 C.F.R. Sections 1910.0000 through 1910.1500 (1987) and containing the449
505	489		following information:450
506	490		(A) The chemical name and the common name of the hazardous chemical;451
507		-	S. B. 417
	491	+	S. B. 417 (SUB)
508	492		- 18 - 24 LC 39 4339S
509	493		(B) The hazards or other risks in the use of the hazardous chemical, including:452
510	494		(i) The potential for fire, explosion, corrosivity, and reactivity;453
511	495		(ii) The known acute and chronic health effects of risks from exposure, including the454
512	496		medical conditions which are generally recognized as being aggravated by exposure455
513	497		to the hazardous chemical; and456
514	498		(iii) The primary routes of entry and the symptoms of overexposure;457
515	499		(C) The proper precautions, handling practices, necessary personal protective458
516	500		equipment, and other safety precautions in the use of or exposure to the hazardous459
517	501		chemicals, including appropriate emergency treatment in case of overexposure;460
518	502		(D) The emergency procedures for spills, fire, disposal, and first aid;461
519	503		(E) A description in lay terms of the known specific potential health risks posed by the462
520	504		hazardous chemical intended to alert any person reading this information; and463
521	505		(F) The year and month, if available, that the information was compiled and the name,464
522	506		address, and emergency telephone number of the manufacturer responsible for465
523	507		preparing the information.466
524	508		(16)(15) 'Mixture' means any combination of two or more chemicals, if the combination467
525	509		is not, in whole or in part, the result of a chemical reaction.468
526	510		(17)(16) 'Occupational Safety and Health Administration standard' means the Hazard469
527	511		Communication Standard issued by the Occupational Safety and Health Administration,470
528	512		29 C.F.R. Sections 1910.0000 through 1910.1500 (1987) in effect as of January 1, 2024.471
529	513		(18)(17) 'Person' means any individual, natural person, public or private corporation,472
530	514		incorporated association, government, government agency, partnership, or unincorporated473
531	515		association.474
532	516		(19)(18) 'Physical hazard' means a chemical for which there is scientifically valid475
533	517		evidence that it is a combustible liquid, a compressed gas, explosive, flammable, an476
534	518		organic peroxide, an oxidizer, pyrophoric, unstable (reactive), or water reactive.477
535	519		(20)(19) 'Produce' means to manufacture, process, formulate, or repackage.478
536		-	S. B. 417
	520	+	S. B. 417 (SUB)
537	521		- 19 - 24 LC 39 4339S
538	522		(20) 'Safety data sheet' means the document prepared by manufacturers in accordance479
539	523		with the requirements of Section 1920.1220(g) and Appendix D of the Occupational480
540	524		Safety and Health Administration standard."481
541	525		SECTION 17.482
542	526		Said chapter is further amended by revising Code Section 45-22-4, relating to responsibility483
543	527		of public contractors who introduce hazardous materials into workplace, as follows:484
544	528		"45-22-4.485
545	529		A public contractor who introduces hazardous materials into the workplace shall agree, and486
546	530		include a statement, in all bids, agreements, contracts, or other instrument instruments to487
547	531		the effect that such contractor shall be responsible for compliance with the provisions of488
548	532		this chapter for persons employed by such contractor utilized under such contract. Any489
549	533		such public contractor who introduces hazardous chemicals into the workplace shall490
550	534		provide material safety data sheets for such chemicals to all employees using them such491
551	535		hazardous chemicals and instruction in handling, emergency procedures, and disposal prior492
552	536		to introducing such hazardous chemicals. This Code section shall not be construed to place493
553	537		responsibility on any person, firm, or corporation other than public contractors."494
554	538		SECTION 18.495
555	539		Said chapter is further amended by revising Code Section 45-22-7, relating to material safety496
556	540		data sheets, notice to employees, and rights of employees, as follows:497
557	541		"45-22-7.498
558	542		(a) The manufacturer, importer, or distributor of any hazardous chemical shall prepare a499
559	543		material safety data sheet which, to the best knowledge of the manufacturer, importer, or500
560	544		distributor, is current, accurate, and complete, based on information then reasonably501
561	545		available to the manufacturer, importer, or distributor, and provide a copy of the material502
562	546		safety data sheet to employers who purchase such hazardous chemicals and an electronic503
563		-	S. B. 417
	547	+	S. B. 417 (SUB)
564	548		- 20 - 24 LC 39 4339S
565	549		copy to the department annually in a written or electronic format. Such safety data sheet504
566	550		shall be maintained by the employer for a period of not less than three years.505
567	551		(b) Any person who produces a mixture may, for the purposes of this Code section,506
568	552		prepare and use a mixture material safety data sheet, subject to the provisions of507
569	553		subsection (j) of this Code section.508
570	554		(c) A manufacturer, importer, distributor, or employer may provide the information509
571	555		required by this Code section on an entire mixture, instead of on each hazardous chemical510
572	556		in it, when all of the following conditions exist:511
573	557		(1) Toxicity test information exists on the mixture itself or adequate information exists512
574	558		to form a valid judgment of the hazardous properties of the mixture itself and the material513
575	559		safety data sheet indicates that the information presented and the conclusions drawn are514
576	560		from some source other than direct test data on the mixture itself, and that a material515
577	561		safety data sheet on each constituent hazardous chemical identified on the material safety516
578	562		data sheet is available upon request;517
579	563		(2) Provision of information on the mixture will be as effective in protecting employee518
580	564		health as information on the ingredients;519
581	565		(3) The hazardous chemicals in the mixture are identified on the material safety data520
582	566		sheet unless it is unfeasible to describe all the ingredients in the mixture, provided that521
583	567		the reason why the hazardous chemicals in the mixture are not identified shall be stated522
584	568		on the material safety data sheet; and523
585	569		(4) A single mixture material safety data sheet may be provided for more than one524
586	570		formulation of a product mixture if the information provided does not vary for the525
587	571		formulation.526
588	572		(d) A manufacturer, importer, or distributor who is responsible for preparing and527
589	573		transmitting a material safety data sheet under the provisions of this Code section shall528
590	574		revise such material safety data sheet on a timely basis, as appropriate to the importance529
591	575		of any new information which would affect the contents of the existing material safety data530
592		-	S. B. 417
	576	+	S. B. 417 (SUB)
593	577		- 21 - 24 LC 39 4339S
594		-	sheet, and in any event within three months of such information becoming available to the
595		-	531
	578	+	sheet, and in any event within three months of such information becoming available to the531
596	579		manufacturer, importer, or distributor. Each such manufacturer, importer, or distributor532
597		-	shall provide a copy of the material
598		-	safety data sheet to employers who have purchased533
	580	+	shall provide a copy of the material safety data sheet to employers who have purchased533
599	581		such hazardous chemicals and an electronic copy to the department in a written or534
600	582		electronic format. Such safety data sheet shall be maintained by the employer for a period535
601	583		of not less than three years.536
602	584		(e) Any person subject to the provisions of this Code section shall be relieved of the537
603	585		obligation to provide a direct purchaser of a hazardous chemical with a material safety data538
604	586		sheet if:539
605	587		(1) He or she has a record of having provided the direct purchaser with the most recent540
606	588		version of the material safety data sheet;541
607	589		(2) The chemical is labeled pursuant to:542
608	590		(A) The federal Atomic Energy Act; or543
609	591		(B) The federal Resource Conservation and Recovery Act; or544
610	592		(3) The article is one sold at retail and is incidentally sold to an employer or the545
611	593		employer's employees in the same form, approximate amount, concentration, and manner546
612	594		as it is sold to consumers, and, to the seller's knowledge, employee exposure to the article547
613	595		is not significantly greater than the consumer exposure occurring during the principal548
614	596		consumer use of the article.549
615	597		(f) If an employer is not supplied with a material safety data sheet by a manufacturer,550
616	598		importer, or distributor for a hazardous chemical subject to this Code section, such551
617	599		employer shall, within a reasonable amount of time after discovering that a material safety552
618	600		data sheet has not been supplied, use diligent efforts to obtain such material safety data553
619	601		sheet from the manufacturer, importer, or distributor. For purposes of this subsection Code554
620	602		section, 'diligent efforts' means a prompt inquiry by the employer to the manufacturer,555
621	603		importer, or distributor of the hazardous chemicals; provided, however, that an independent556
622		-	S. B. 417
	604	+	S. B. 417 (SUB)
623	605		- 22 - 24 LC 39 4339S
624	606		contractor or subcontractor shall be responsible for obtaining the material safety data sheet557
625	607		for his or her employees in the workplace of another.558
626	608		(g) If after having used diligent efforts, an employer still fails to obtain a material safety559
627	609		data sheet, such employer shall notify the department of the employer's inability to obtain560
628	610		such material safety data sheet.561
629	611		(g) The department shall be authorized to punish any manufacturer, importer, or distributor562
630	612		of a hazardous chemical that violates this Code section by imposition of a monetary 563
631	613		penalty not to exceed $1,000.00 for each day that such manufacturer, importer, or564
632	614		distributor of a hazardous chemical subject to this Code section has not provided the565
633	615		employer with the safety data sheet.566
634	616		(h) An employer who has used diligent efforts and who has made a documented567
635	617		notification to the department pursuant to this Code section shall not be found in violation568
636	618		of this Code section with respect to the material safety data sheet which was not supplied569
637	619		by the manufacturer, importer, or distributor as required by this Code section.570
638	620		(i) Every employer who manufactures, produces, uses, applies, or stores hazardous571
639	621		chemicals in the workplace shall post a notice as prescribed by rule or regulation572
640	622		promulgated by the department in a place where notices are normally posted, informing573
641	623		employees of their rights under this chapter.574
642	624		(j) Every employer who manufactures, produces, uses, applies, or stores hazardous575
643	625		chemicals in the workplace shall maintain a material safety data sheet for each hazardous576
644	626		chemical which is present in such workplace. All material safety data sheets shall be577
645	627		readily available in the workplace in a written or electronic format; provided, however, that578
646	628		employers who maintain one or more work areas which are not fixed at specific geographic579
647	629		locations shall be authorized to maintain material safety data sheets for each hazardous580
648	630		chemical used in such work area at a central location.581
649	631		(k)(1) A material safety data sheet may be kept in any form, including operations582
650	632		procedures, and may be designed to cover groups of hazardous chemicals in a work area583
651		-	S. B. 417
	633	+	S. B. 417 (SUB)
652	634		- 23 - 24 LC 39 4339S
653		-	where it may be appropriate to address the hazards of a process rather than individual
654		-	584
	635	+	where it may be appropriate to address the hazards of a process rather than individual584
655	636		hazardous chemicals. The employer shall ensure that in all cases the required information585
656	637		is provided for each hazardous chemical, and is readily accessible during each workshift586
657	638		to employees when they are in their work area; provided, however, that employers who587
658	639		maintain one or more work areas which are not fixed at specific geographic locations588
659		-	shall be authorized to maintain material
660		-	safety data sheets for each hazardous chemical589
	640	+	shall be authorized to maintain material safety data sheets for each hazardous chemical589
661	641		used in such work area at a central location.590
662	642		(2) Any employee may request in writing and shall have the right to examine and obtain591
663	643		the material safety data sheets for the hazardous chemicals to which he or she is, has592
664	644		been, or may be exposed. The employer shall provide any material safety data sheet593
665	645		within its possession within five of the requesting employee's working days, subject to594
666	646		the provisions of subsection (g) (f) of this Code section. The employer may adopt595
667	647		reasonable procedures for acting upon such requests to avoid interruption of normal work596
668	648		operations.597
669	649		(3) An independent contractor or subcontractor working in the workplace of another598
670	650		employer may request in writing and shall have the right to examine the material safety599
671	651		data sheets for the hazardous chemicals to which such contractor, subcontractor, or600
672	652		employees thereof are, have been, or may be exposed. The employer shall provide any601
673	653		material safety data sheet within its possession within five of the requesting independent602
674	654		contractor's or subcontractor's working days, subject to the provisions of subsection (g)603
675	655		(f) of this Code section. The employer may adopt reasonable procedures for acting upon604
676	656		such requests to avoid interruption of normal work operations.605
677	657		(4) If an employee who has requested a material safety data sheet pursuant to this chapter606
678	658		has not received such material safety data sheet within five of the requesting employee's607
679	659		working days, subject to the provisions of subsection (g) (f) of this Code section, that608
680	660		employee may refuse to work with the chemical for which he or she has requested the609
681	661		material safety data sheet until such material safety data sheet is provided by the610
682		-	S. B. 417
	662	+	S. B. 417 (SUB)
683	663		- 24 - 24 LC 39 4339S
684		-	employer; provided, however, that nothing contained in this paragraph shall be construed
685		-	611
	664	+	employer; provided, however, that nothing contained in this paragraph shall be construed611
686	665		to permit any employee to refuse to perform essential services, as such term is defined612
687	666		by rule or regulation; provided, further, that nothing in this paragraph shall be construed613
688	667		to interfere with the right of the employer to transfer an employee who so refuses to work614
689		-	to other duties until such material
690		-	safety data sheet is provided, and such a transfer shall615
	668	+	to other duties until such material safety data sheet is provided, and such a transfer shall615
691	669		not to be considered as a discriminatory act under Code Section 45-22-10. No pay,616
692	670		position, seniority, or other benefits shall be lost for exercise of any right provided by this617
693	671		chapter as a result of such a transfer.618
694	672		(l) No employer shall discharge or otherwise discriminate against an employee for the619
695	673		employee's assertion of the employee's rights under this chapter.620
696	674		(m) For the purposes of this Code section, an employer, independent contractor, or621
697	675		subcontractor shall maintain material safety data sheets for their own workplaces only;622
698	676		provided, however, that employees of such independent contractor or subcontractor, insofar623
699	677		as they are exposed in the course of their employment to hazardous chemicals in other624
700	678		workplaces, shall have the right to examine material safety data sheets for those chemicals625
701	679		to which they are exposed from the workplace employer through a written request to their626
702	680		own employer as provided in paragraph (2) of subsection (k) of this Code section. 627
703	681		Nothing contained in this chapter shall be construed to require an employer to conduct628
704	682		studies to develop new information."629
705	683		SECTION 19.630
706	684		Said chapter is further amended in Code Section 45-22-8, relating to information and training631
707	685		standards, by revising subsections (a) and (b) as follows:632
708	686		"(a) Each employer shall be required to comply with the minimum information standards633
709	687		set forth in this subsection. Each employee shall be informed of:634
710	688		(1) The requirements of this Code section;635
711		-	S. B. 417
	689	+	S. B. 417 (SUB)
712	690		- 25 - 24 LC 39 4339S
713	691		(2) What a material safety data sheet is and the contents of the material safety data sheet636
714	692		for any hazardous chemical to which he or she is exposed, or equivalent information,637
715	693		either in written form or through training programs;638
716	694		(3) Any operations in his or her work area where hazardous chemicals are present;639
717	695		(4) The location and availability of training programs;640
718	696		(5) His or her right to receive information regarding hazardous chemicals to which he641
719	697		or she may be exposed;642
720	698		(6) His or her right for his or her physician to receive information regarding hazardous643
721	699		chemicals to which the employee may be exposed; and644
722	700		(7) His or her right against discharge or other discrimination due to the employee's645
723	701		exercise of the rights provided by this chapter.646
724	702		(b) In addition to providing the information required by subsection (a) of this Code647
725	703		section, each employer shall be required to provide a training program for all employees648
726	704		who are exposed to hazardous chemicals in the normal course of their employment. When649
727	705		training employees who are exposed to hazardous chemicals, the employer shall explain650
728	706		any physical or health hazards associated with the use of the chemical or mixture; proper651
729	707		precautions for handling, necessary personal protective equipment, or other safety652
730	708		precautions necessary to prevent or minimize exposure to the hazardous chemical; methods653
731	709		of observation that may be used to detect the presence or release of a hazardous chemical654
732	710		in a work area, including, but not limited to, spot check monitoring, continuous monitoring,655
733	711		or methods of visual or olfactory detection; the labeling system and the material safety data656
734	712		sheet, and how employees can obtain and use the appropriate hazard information; and657
735	713		emergency procedures for spills, fire, disposal, and first aid. This information may relate658
736	714		to an entire class of hazardous chemicals to the extent appropriate and related to the job. 659
737	715		Whenever any employer receives a new or revised material safety data sheet, such660
738	716		information shall be provided to employees on a timely basis not to exceed 30 days after661
739	717		receipt, if the new information indicates significantly increased risks to or measures662
740		-	S. B. 417
	718	+	S. B. 417 (SUB)
741	719		- 26 - 24 LC 39 4339S
742	720		necessary to protect employee health as compared to those stated on a material safety data663
743	721		sheet previously provided."664
744	722		SECTION 20.665
745	723		Said chapter is further amended by revising Code Section 45-22-9, relating to publication by666
746	724		employers of list of hazardous chemicals in workplace, as follows:667
747	725		"45-22-9.668
748	726		Each employer shall publish, On and after July 1, 1989, each employer shall publish in669
749	727		print or electronically in January and July of each year, a list of hazardous chemicals that670
750	728		its employees use or are exposed to in the workplace. Such list shall be in written or671
751	729		electronic format and available for public inspection at the workplace office. A672
752	730		comprehensive list of all hazardous chemicals used by the employer shall also be available673
753	731		for public inspection at the employer's state headquarters."674
754	732		SECTION 21.675
755	733		All laws and parts of laws in conflict with this Act are repealed.676
756		-	S. B. 417
	734	+	S. B. 417 (SUB)
757	735		- 27 -