HB1171 (2020) Detail

Relative to the application of federal Occupational Safety and Health Act standards to public employers.


HB 1171-FN-LOCAL - AS AMENDED BY THE HOUSE

 

12Mar2020... 0827h

2020 SESSION

20-2304

05/04

 

HOUSE BILL 1171-FN-LOCAL

 

AN ACT relative to the application of federal Occupational Safety and Health Act standards to public employers.

 

SPONSORS: Rep. Sullivan, Sull. 1; Rep. Schuett, Merr. 20; Rep. Schultz, Merr. 18; Rep. Myler, Merr. 10; Rep. Long, Hills. 10; Rep. Merner, Coos 7

 

COMMITTEE: Labor, Industrial and Rehabilitative Services

 

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AMENDED ANALYSIS

 

This bill establishes an occupational safety and health advisory board to advise the labor commissioner on the adoption and enforcement of occupational safety and health standards for public employees.  The bill also requires public employers to provide employees with at least the level of protection provided under the federal Occupational Safety and Health Act, contingent upon federal approval of a state plan.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12Mar2020... 0827h 20-2304

05/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to the application of federal Occupational Safety and Health Act standards to public employers.

 

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

 

1  New Subdivision; Safety and Health of Employees; Occupational Safety and Health Standards Advisory Board Established.  Amend RSA 277 by inserting after section 38 the following new subdivision:

Occupational Safety and Health Standards

277:39  Occupational Safety and Health Standards Advisory Board Established.  

I.  There is established an occupational safety and health standards advisory board to consult with and advise the labor commissioner on the adoption and enforcement of occupational safety and health standards for public employees.  

II.(a)  The advisory board shall consist of the following members:

(1)  Three representatives of public employers, appointed by the governor, one of whom shall represent state agencies, one of whom shall represent counties, and one of whom shall represent municipalities.

(2)  Three representatives of public employees, appointed by the governor, one of whom shall represent state employees, one of whom shall represent school employees, and one of whom shall represent municipal employees.

(3)  One representative of an insurance company licensed to insure workers' compensation within the state, appointed by the governor.

(4)  One representative of Keene State WorkWISE NH, appointed by that organization.

(5)  Two members of the public, appointed by the governor.

(6)  One member of the house of representatives, appointed by the speaker of the house of representatives.

(b)  The legislative member shall receive mileage at the legislative rate when attending to the duties of the advisory board.  The legislative member shall serve a term coterminous with his or her term in office.  The remaining members shall serve 4-year terms, except that the initial appointments shall be staggered in the following manner.  Three members shall be appointed for an initial term of 2 years, 3 members shall be appointed for an initial term of 3 years, and 3 members shall be appointed for an initial term of 4 years.  Each member shall hold office until a successor is duly appointed and qualified.  Any vacancy shall be filled for the remainder of the unexpired term in the same manner as the original appointment.

(c)  The members of the advisory board shall biennially elect a chairperson from among the members.  The first meeting of the advisory board shall be called by the member appointed to represent state agencies.  The first meeting of the advisory board shall be held within 45 days of the effective date of this section.  Six members of the advisory board shall constitute a quorum.

III.  The advisory board shall:

(a)  Consult with the labor commissioner and the Region 1 Office for the Occupational Safety and Health Administration on the development and submission of a state plan for occupational safety and health standards to the United States Secretary of Labor pursuant to 29 U.S.C. section 667 and 29 C.F.R. section 1902.3.

(b)  Review state and local government employee plans from other states, including Maine, Illinois, New Jersey, Connecticut, and New York, and consult with the Occupational Safety and Health State Plan Association regarding the process for establishing and administering a state plan for New Hampshire's public employees.

(c)  Evaluate injury and illness data, recommend training and implementation of safety and health measures, monitor the effectiveness of safety and health programs, and determine where additional resources are needed to protect the safety and health of public employees.  

IV.  Beginning November 1, 2020, and each November 1 thereafter, the advisory board shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library.

277:40  Adoption of Occupational Safety and Health Standards.  

I.  Each employer, as defined in RSA 277:1-b, II, shall provide employees, as defined in RSA 277:1-b, I, at least the level of protection provided under the federal Occupational Safety and Health Act of 1970, 29 U.S.C. section 651, et seq., including standards and the provision of the general duty clause in 29 U.S.C. section 654.

II.  The labor commissioner, in consultation with the advisory board established in RSA 277:39, shall adopt rules under RSA 541-A relative to the protections required under this section.

2  Contingency.  RSA 277:40, as inserted by section 1 of this act, shall take effect on the date the labor commissioner certifies to the director of legislative services that the Occupational Safety and Health Administration has approved a state plan for the protection of public employees pursuant to the Occupational Safety and Health Act of 1970.

3  Effective Date.  

I.  RSA 277:40, as inserted by section 1 of this act, shall take effect as provided in section 2 of this act.

II.  The remainder of this act shall take effect 60 days after its passage.

 

LBAO

20-2304

Amended 3/25/20

 

HB 1171-FN-LOCAL- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2020-0827h)

 

AN ACT relative to the application of federal Occupational Safety and Health Act standards to public employers.

 

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

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [ X ] General            [    ] Education            [ X ] Highway           [ X ] Other - Various Governmental Funds, Federal Funds

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

 

 

 

 

LOCAL:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

METHODOLOGY:

This bill establishes an occupational safety and health advisory board to advise the labor commissioner on the adoption and enforcement of occupational safety and health standards for public employees.  The bill also requires public employers to provide employees with at least the level of protection provided under the federal Occupational Safety and Health Act contingent upon  federal approval of a state plan.

 

The Department of Labor assumes upon approval of the state plan and reimbursement requests to the federal government, the bill result in an indeterminable increase in federal funds for operation of the OSHA state plan.  Under OSHA regulations, a state plan partner is entitled to submit for federal funding to carry out the plan.  Based on its initial research, the Department indicates possibly 50% of the costs of carrying out the plan could be reimbursed by federal funds.  The Department states the federal funds are not automatic and assumes Congress would have to appropriate the funds.  Currently, the Department receives no federal funding.  Upon receiving federal funds the Department would have to take on additional obligations to be compliant with federal guidelines and would incur additional costs.  The Department anticipates it would need additional staff, however it is unclear what additional staff would be needed.  Any staffing plan would likely be developed in conjunction with submission of the state plan to OSHA.  In addition, there could be additional State expenditures to enhance safeguards and safety measures in order meet the OSHA requirements.  There has not been an analysis of the gaps between existing state safety requirements and the OSHA standards.  If OSHA standards require safety enhancements, the enhancements could result in additional costs.  This indeterminable increase in costs would likely impact counties and municipalities.  The Department does not expect such costs would be funded by the federal government.  The Department does not anticipate the bill would impact county or local revenues.

 

AGENCIES CONTACTED:

Department of Labor

 

Links

HB1171 at GenCourtMobile
HB1171 Discussion

Action Dates

Date Body Type
Feb. 5, 2020 House Hearing
March 4, 2020 House Exec Session
House Floor Vote
March 11, 2020 House Floor Vote

Bill Text Revisions

HB1171 Revision: 8420 Date: March 31, 2020, 3:51 p.m.
HB1171 Revision: 6804 Date: Dec. 2, 2019, 11:04 a.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Labor, Industrial and Rehabilitative Services HJ 1 P. 12
Feb. 5, 2020 Public Hearing: 02/05/2020 01:00 pm LOB 307
Feb. 12, 2020 Full Committee Work Session: 02/12/2020 01:00 pm LOB 307
Feb. 25, 2020 Subcommittee Work Session: 02/25/2020 01:30 pm LOB 104
March 4, 2020 Executive Session: 03/04/2020 10:00 am LOB 307
Majority Committee Report: Ought to Pass with Amendment # 2020-0827h (Vote 12-8; RC)
March 11, 2020 Majority Committee Report: Ought to Pass with Amendment # 2020-0827h for 03/11/2020 (Vote 12-8; RC) HC 10 P. 65
Minority Committee Report: Inexpedient to Legislate
March 12, 2020 Amendment # 2020-0827h: AA VV 03/12/2020
March 12, 2020 Ought to Pass with Amendment 2020-0827h: MA RC 179-106 03/12/2020
June 16, 2020 Introduced 06/16/2020, and Laid on Table, MA, VV; 06/16/2020; SJ 8
June 16, 2020 No Pending Motion; 06/16/2020 SJ 8