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1 Health and Safety of Employees; Incorporation of OSHA Standards. Amend RSA 277:1 to read as follows:
277:1 Application. This chapter shall apply to all places of employment in which one or more persons are regularly employed.
2 New Paragraph; Rulemaking; OSHA Standards. Amend RSA 277:16 by inserting after paragraph II the following new paragraph:
III. The commissioner shall adopt such rules, under RSA 541-A, as the commissioner deems reasonable and necessary in order to implement standards that are at least as effective as the level of protection provided under the federal Occupation Safety and Health Administration standards found in 29 C.F.R. part 1910 D through Z, with the exception of subparts U, V, W, and X.
(a) The commissioner shall have authority to determine if standards are inapplicable to employers and are unnecessary to implement. The commissioner shall also have authority to determine the timing and priority of implementation of standards through rulemaking. However, the standards implemented shall be at least as effective as those applicable standards contained within 29 C.F.R. part 1910 D through Z, with the exception of subparts U, V, W, and X, within 3 years from the effective date of this paragraph.
(b) The commissioner shall, on an annual basis, review implemented standards and the need for implantation of additional standards and, through rulemaking, shall update such standards as necessary. The commissioner shall maintain record of annual reviews, inclusive of rational relative to standards reviewed. The commissioner shall make available such record of annual review to any interested party on request.
(c) The commissioner shall make recommendation to the legislature for statutory amendment to RSA 277 when such amendment is identified as necessary following annual review of standards.
3 Additional Staffing Requirement. The labor commissioner may establish up to 6 additional full-time, classified labor inspector positions, at labor grade 22, as well as one full-time classified support position, at labor grade 19. The salary and benefits costs for the positions, in addition to equipment, current expenses, rent, or contract costs necessary to implement this act, shall be a charge against the department of labor administration fund under RSA 281-A:59 or the restricted fund under RSA 273:1-b, in proportions and amounts proposed by the commissioner and approved by the legislative fiscal committee.
4 Effective Date. This act shall take effect 60 days after its passage.
Text to be added highlighted in green.
1 Health and Safety of Employees; Incorporation of OSHA Standards. Amend RSA 277:1 to read as follows:
277:1 Application. This chapter shall apply to all places of employment in which one or more persons are regularly employed. Employers shall provide employees a level of protection that is at least as effective as the level of protection set forth in rules adopted pursuant toRSA 277:16.
2 New Paragraph; Rulemaking; OSHA Standards. Amend RSA 277:16 by inserting after paragraph II the following new paragraph:
III. The commissioner shall adopt such rules, under RSA 541-A, as the commissioner deems reasonable and necessary in order to implement standards that are at least as effective as the level of protection provided under the federal Occupation Safety and Health Administration standards found in 29 C.F.R. part 1910 D through Z, with the exception of subparts U, V, W, and X.
(a) The commissioner shall have authority to determine if standards are inapplicable to employers and are unnecessary to implement. The commissioner shall also have authority to determine the timing and priority of implementation of standards through rulemaking. However, the standards implemented shall be at least as effective as those applicable standards contained within 29 C.F.R. part 1910 D through Z, with the exception of subparts U, V, W, and X, within 3 years from the effective date of this paragraph.
(b) The commissioner shall, on an annual basis, review implemented standards and the need for implantation of additional standards and, through rulemaking, shall update such standards as necessary. The commissioner shall maintain record of annual reviews, inclusive of rational relative to standards reviewed. The commissioner shall make available such record of annual review to any interested party on request.
(c) The commissioner shall make recommendation to the legislature for statutory amendment to RSA 277 when such amendment is identified as necessary following annual review of standards.
3 Additional Staffing Requirement. The labor commissioner may establish up to 6 additional full-time, classified labor inspector positions, at labor grade 22, as well as one full-time classified support position, at labor grade 19. The salary and benefits costs for the positions, in addition to equipment, current expenses, rent, or contract costs necessary to implement this act, shall be a charge against the department of labor administration fund under RSA 281-A:59 or the restricted fund under RSA 273:1-b, in proportions and amounts proposed by the commissioner and approved by the legislative fiscal committee.
4 Effective Date. This act shall take effect 60 days after its passage.