HB1500 (2018) Detail

Relative to workplace violence, workplace injuries and death in the workplace.


HB 1500-FN - AS INTRODUCED

 

 

2018 SESSION

18-2549

08/10

 

HOUSE BILL 1500-FN

 

AN ACT relative to workplace violence, workplace injuries and death in the workplace.

 

SPONSORS: Rep. MacKenzie, Hills. 17; Sen. Cavanaugh, Dist 16

 

COMMITTEE: Labor, Industrial and Rehabilitative Services

 

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ANALYSIS

 

This bill defines workplace violence and workplace injuries and requires deaths and serious injuries in the workplace be reported to the commissioner of labor.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2549

08/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to workplace violence, workplace injuries and death in the workplace.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Paragraphs; Safety and Health of Employees: Definitions.  Amend RSA 277:1-b by inserting after paragraph IV the following new paragraphs:

V.  "Serious physical injuries" means an incident that results in an amputation, loss or fracture of any body part or that necessitates immediate hospitalization or formal admission to the inpatient service of a hospital or clinic for care or treatment.

VI.  "Workplace violence" means an action, verbal, written, or physical aggression, which is intended to control or cause, or is capable of causing, death or serious bodily injury to oneself or others or damage to property.  Workplace violence includes abusive behavior towards authority, intimidating or harassing behavior, and threats.

2  New Sections; Inspections.  Amend RSA 277 by inserting after section 14 the following new sections:

277:14-a  Inspections.  In the case of serious injury or death or cases of workplace violence involving the state, a state agency, a county, a municipality or municipal agency, a school district, or other public corporation or political subdivision, the commissioner of labor, or his or her designee, shall inspect such place of employment.

277:14-b  Reports of Death or Serious Injury.

I.  Every public employer shall report the death of any person in the workplace or on the workplace premises within 8 hours of such occurrence to the commissioner of the department of labor by telephone or electronically, stating as fully as possible the cause of the death and the place where the body of the deceased person was sent, and supplying any other information relative to the death that may be required by the commissioner.  The commissioner may investigate the causes of the death and require precautions to be taken that may prevent the recurrence of similar events.  A statement contained in any such report shall not be admissible in evidence in any action arising out of the death reported.

II.  Every public employer shall report the serious injury of any person in the workplace or on the workplace premises within 24 hours of such occurrence to the commissioner of the department of labor by telephone or electronically, stating as fully as possible the cause of the death and the place where the injured person was sent, and supplying any other information relative to the injury that may be required by the commissioner.  The commissioner may investigate the causes of the injury and require precautions to be taken that may prevent the recurrence of similar events.  A statement contained in any such report shall not be admissible in evidence in any action arising out of the injury reported.

3  Effective Date.  This act shall take effect 60 days after its passage.

 

LBAO

18-2549

10/27/17

 

HB 1500-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to workplace violence, workplace injuries and death in the workplace.

 

FISCAL IMPACT:      [ X ] State              [ X ] County               [ X ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2019

FY 2020

FY 2021

FY 2022

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

Funding Source:

  [ X ] General            [    ] Education            [ X ] Highway           [ X ] Other - Various other Governmental Funds

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

 

 

 

 

 

LOCAL:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

 

METHODOLOGY:

This bill would add “serious physical injuries” and “workplace violence” to the definitions in RSA 277:1-b concerning the safety and health of employees, require the Department of Labor to inspect places of employment where a serious injury, death, or workplace violence has occurred, and require employers to report such incidents to the Department of Labor within the specified time frames. The bill also provides the Commissioner may require precautions to be taken by employers to prevent reoccurrence of similar events.

 

The Department of Labor assumes since the Inspection Division already has inspection personnel and procedures there would be no additional cost to the agency.  The Department indicates the potential costs to employers, including state, county and local governments, for  reporting and the potential preventative measures are indeterminable.  The Department further states, since there is no mention of civil penalties, there would be no impact on State revenue.

The Department of Administrative Services indicates the State is a public employer and subject to the Department of Labor regulations in RSA 277.  The Department states the fiscal impact of implementing the reporting requirement, responding to increased Department of Labor oversight, and of possible corrective measures is indeterminable.

 

The New Hampshire Association of Counties assumes there could be an indeterminable fiscal impact on county expenditures depending on the number of reports and the time spent to comply with the reporting requirement.

 

The New Hampshire Municipal Association states this bill is unlikely to have an impact on municipal revenues or expenditures.  

 

AGENCIES CONTACTED:

Departments of Labor and Administrative Services, New Hampshire Association of Counties and New Hampshire Municipal Association

 

Links

HB1500 at GenCourtMobile

Action Dates

Date Body Type
Jan. 31, 2018 House Hearing
Feb. 21, 2018 House Exec Session
March 15, 2018 House Floor Vote

Bill Text Revisions

HB1500 Revision: 1896 Date: Nov. 6, 2017, 1:24 p.m.

Docket

Date Status
Jan. 3, 2018 Introduced 01/03/2018 and referred to Labor, Industrial and Rehabilitative Services HJ 1 P. 13
Jan. 31, 2018 Public Hearing: 01/31/2018 10:30 AM LOB 307
Feb. 14, 2018 Subcommittee Work Session: 02/14/2018 09:00 AM LOB 307
Feb. 20, 2018 Subcommittee Work Session: 02/20/2018 10:00 AM LOB 307
Feb. 21, 2018 Executive Session: 02/21/2018 11:00 AM LOB 307
Majority Committee Report: Refer for Interim Study (Vote 11-10; RC)
March 6, 2018 Majority Committee Report: Refer for Interim Study for 03/06/2018 (Vote 11-10; RC) HC 9 P. 61
Minority Committee Report: Ought to Pass
March 6, 2018 Suspend House Rule 65 (Reps. Hinch, Shurtleff): MA VV by necessary two-thirds vote 03/06/2018 HJ 6 P. 125
Special Order to 3/15/2018 Without Objection HJ 7 P. 49
March 15, 2018 Refer for Interim Study: MA RC 177-157 03/15/2018 HJ 8 P. 26