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.

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.