GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

S	1 

SENATE BILL 985*

Short Title:  Safety Programs and Committees.	(Public)
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Sponsors: Senators Plyler, Conder, Martin of Guilford, Smith, Plexico, Sands; and Daniel.
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Referred to:  Judiciary II.
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May 27, 1992

A BILL TO BE ENTITLED
AN ACT TO REQUIRE CERTAIN EMPLOYERS TO ESTABLISH SAFETY AND HEALTH PROGRAMS AND SAFETY AND HEALTH COMMITTEES IN THE WORKPLACE.
The General Assembly of North Carolina enacts:
Section 1.  Chapter 95 of the General Statutes is amended by adding a new Article to read as follows:
“ARTICLE 22.
"Employee Safety and Health.
"Part 1.
"Safety and Health Programs.
"§ 95-250. Safety and health programs.
(a)	Establishment of program.–Each employer with an experience rate modifier of 1.5 or greater shall, in accordance with this Part, establish and carry out a safety and health program to reduce or eliminate hazards and to prevent injuries and illnesses to employees.
(b)	Modifications to safety and health programs.–The Commissioner may modify the application of the requirements of this section to classes of employers where the Commissioner determines that, in light of the nature of the risks faced by the employees of such employers, such a modification would not reduce the employees' safety and health protection.
"§ 95-251. Safety and health program requirements.
A safety and health program established and carried out under this Part shall be a written program that shall include:
(1)	Methods and procedures for identifying, evaluating, and documenting safety and health hazards;
(2)	Methods and procedures for correcting the safety and health hazards identified under subdivision (1);
(3)	Methods and procedures for investigating work-related fatalities, injuries, and illnesses;
(4)	Methods and procedures for providing occupational safety and health services, including emergency response and first aid procedures;
(5)	Methods and procedures for employee participation in the implementation of the safety and health program, including participation through any safety and health committee established under Part 2 of this Article;
(6)	Methods and procedures for responding to the recommendations of the safety and health committee, where applicable;
(7)	Methods and procedures for providing safety and health training and education to employees and to members of any safety and health committee established under Part 2 of this Article;
(8)	The designation of a representative of the employer who has the qualifications and responsibility to identify safety and health hazards and the authority to initiate corrective action where appropriate;
(9)	In the case of a worksite where employees of two or more employers work, procedures for each employer to protect employees at the worksite from hazards under the employer's control, including procedures to provide information on safety and health hazards to other employers and employees at the worksite; and
(10)	Such other provisions as the Commissioner requires to effectuate the purposes of this Part.
"§ 95-252. Safety and health program rules; compensation.
(a)	Not later than one year after the effective date of this Article, the Commissioner shall adopt final rules concerning the establishment and implementation of employer safety and health programs under this Part.  Rules adopted under this Part shall include provisions for the training and education of employees and safety and health committee members.  These rules shall:
(1)	Provide for the training and education of employees, including safety and health committee members, in a manner that is readily understandable by such employees, concerning safety and health hazards, control measures, the employer's safety and health program, employee rights and applicable laws and regulations;
(2)	Provide for the training and education of the safety and health committee concerning methods and procedures for hazard recognition and control, the conduct of worksite safety and health inspections, the rights of the safety and health committee, and concerning other information necessary to enable such members to carry out the activities of the committee under Part 2 of this Article;
(3)	Require that training and education be provided to employees at the time of employment and to safety and health committee members at the time of selection; and
(4)	Require that refresher training be provided on at least an annual basis and that additional training be provided to employees and to safety and health committee members when there are changes in conditions or operations that may expose employees to new or different safety or health hazards or when there are changes in safety and health rules or standards under Article 16 of this Chapter that apply to the employer.
(b)	No loss of pay.–The time during which employees are participating in training and education activities under this subsection shall be considered as hours worked for purposes of wages, benefits, and other terms and conditions of employment.  The training and education shall be provided by an employer at no cost to the employees of the employer.
"Part 2.
"Safety and Health Committees
and Employee Safety and Health Representatives.
"§ 95-260. Safety and health committees required.
(a)	Each employer subject to the provisions of this Part shall provide for the establishment of safety and health committees and the selection of employee safety and health representatives in accordance with this section.  An employer is subject to this Part if it has 11 or more employees and an experience rate modifier of 1.5 or greater.
(b)	Safety and health committees.–
(1)	In general.–Each employer covered by this Part shall establish a safety and health committee at each worksite of the employer, except as provided herein:
a.	An employer covered by this Part whose employees do not primarily report to or work at a fixed location is required to have only one safety and health committee to represent all employees.
b.	A safety and health committee is not required at a covered employee's worksite with less than 11 employees.
c.	The Commissioner may, by rule, modify the application of this subdivision to worksites where employees of more than one employer are employed.
		Each employer required to establish a safety and health committee under this Part shall, pursuant to rules adopted by the Commissioner, enable the committee to exercise the rights described in this Part.
(2)	Membership.–Each safety and health committee shall consist of:
a.	The employee safety and health representatives elected or appointed under G.S. 95-261; and
b.	As determined appropriate by the employer, employer representatives, the number of which may not exceed the number of employee representatives.
(3)	Chairpersons.–Each safety and health committee shall be cochaired by:
a.	A representative selected by the employer; and
b.	A representative selected by the employee members of the committee.
(4)	Rights.–Each safety and health committee may, within reasonable limits and in a reasonable manner:
a.	Review any safety and health program established by the employer under Part 1 of this Article;
b.	Review incidents involving work-related fatalities, injuries and illnesses, and complaints regarding safety or health hazards by employees;
c.	Review, upon the request of the committee or upon the request of the employer representatives or employee representatives of the committee, the employer's work injury and illness records, other than personally identifiable medical information, and other reports or documents relating to occupational safety and health;
d.	Conduct inspections of the worksite at least once every three months and in response to complaints regarding safety or health hazards by employees or committee members;
e.	Conduct interviews with employees in conjunction with inspections of the worksite;
f.	Conduct meetings, at least once every three months, and maintain written minutes of such meetings;
g.	Observe the measurement of employee exposure to toxic materials and harmful physical agents;
h.	Establish procedures for exercising the rights of the committee;
i.	Make recommendations on behalf of the committee, and in making recommendations, permit any members of the committee to submit separate views to the employer for improvements in the employer's safety and health program and for the correction of hazards to employee safety or health, except that recommendations shall be advisory only and the employer shall retain full authority to manage the worksite; and
j.	Accompany the Commissioner or the Commissioner's representative during any physical inspection of the worksite.
(5)	Time for committee activities.–The employer shall permit members of the committee established under this Part to take the time from work reasonably necessary to exercise the rights of the committee without suffering any loss of pay or benefits for time spent on duties of the committee.
(6)	Rules.–Not later than one year after the effective date of this Article, the Commissioner shall adopt final rules for the establishment and operation of safety and health committees pursuant to this Part.  The rules shall include provisions concerning:
a.	The establishment of such committees by an employer whose employees do not primarily report to or work at a fixed location;
b.	The establishment of committees at worksites where employees of more than one employer are employed; and
c.	The employer's obligation to enable the committee to function properly and effectively, including the provision of facilities and materials necessary for the committee to conduct its activities, and the maintenance of records and minutes developed by the committee.
"§ 95-261. Employee safety and health representatives.
(a)	In general.–Safety and health committees established under this Part shall include:
(1)	One employee safety and health representative where the average number of nonmanagerial employees of the employer at the worksite during the year ending January 1 was more than 10, but less than 50;
(2)	Two employee safety and health representatives where the average number of nonmanagerial employees of the employer at the worksite during the year ending January 1 was more than 50, but less than 100;
(3)	An additional employee safety and health representative for each additional 100 such employees at the worksite, up to a maximum of six employee safety and health representatives; and
(4)	Where an employer's employees do not primarily report to or work at a fixed location or at worksites where employees of more than one employer are employed, a number of employee safety and health representatives as determined by the Commissioner by rule.
(b)	Selection.–Employee safety and health representatives shall be selected by and from among the employer's nonmanagerial employees, as follows:
(1)	Where none of the employer's employees at a worksite are represented by an exclusive bargaining representative, the employees shall elect employee safety and health representatives in an election held in conformity with procedures pursuant to rules adopted by the Commissioner.
(2)	Where the employer's employees are represented by a single exclusive bargaining representative, the bargaining representative shall designate the employee safety and health representatives.
(3)	Where the employer's employees are represented by more than one exclusive representative or where some but not all of the employees are represented by an exclusive representative, each bargaining unit of represented employees (and any residual group of unrepresented employees) shall have a proportionate number of employee safety and health representatives based on the number of employees in each bargaining unit or group, except that each such unit or group of 11 or more employees shall have at least one representative.  The selection process shall be conducted in accordance with the provisions of subdivisions (1) or (2) as applicable.
(4)	Rules.–Not later than one year after the effective date of this Article, the Commissioner shall adopt rules concerning safety and health representatives.  Such rules shall include provisions concerning:
a.	The number of employee safety and health representatives where an employer's employees do not primarily report to work at a fixed location;
b.	The number of employee safety and health representatives at worksites where employees of more than one employer are employed; and
c.	The selection and election procedures for employee safety and health representatives, such election procedures to provide for a fair election by secret ballot and protect employee's equal rights to participate in the election without being subject to penalty, discipline, improper interference, or reprisal.
"§ 95-262. Additional rights.
The rights and remedies provided to employees and employee safety and health representatives by this section are in addition to, and not in lieu of, any other rights and remedies provided by contract, by other provisions of this act or by other applicable law, and are not intended to alter or affect such rights and remedies.
"§ 95-263. Definitions.
The following definitions shall apply to this Article:
(1)	‘Experience rate modifier' means the numerical modification applied to an experience rating for use in determining workers compensation premiums.
(2)	‘Worksite' means a single physical location where business is conducted or where operations are performed by employees of an employer.
The definitions of Article 16 of this Chapter shall also apply to this Article.
"§ 95-264. Reports.
Upon the final adoption of all rules required to be adopted by the Commissioner under this Article, the Commissioner shall determine, based on information provided by the North Carolina Rate Bureau, the employers with an experience rate modifier of 1.5 or greater and shall notify these employers of the applicability of Part 1 of this Article and the potential applicability of Part 2 of this Article.
Within 60 days of notification by the Commissioner, the employer shall certify on forms provided by the Commissioner that it meets the requirements of Part 1 of this Article and, if applicable, the requirements of Part 2 of this Article.
The Commissioner shall notify an employer when its experience rate modifier falls below 1.5.  An employer subject to the provisions of Part 2 of this Article shall notify the Commissioner if it no longer employs 11 or more employees and has discontinued or will discontinue its safety and health committee.
"§ 95-265. Penalties.
The Commissioner may levy a civil penalty, not to exceed the amounts listed herein, for a violation of Parts 1 or 2 of this Article:
Employers with 10 or less employees	$ 2,000
Employers with 11-50 employees	$ 5,000
Employers with 50-100 employees	$10,000
Employers with more than 100 employees	$25,000.
The Commissioner, in determining the amount of the penalty, shall consider the nature of the violation, whether it is first or subsequent violation, and the steps taken by the employer to remedy the violation upon discovering the violation."
Sec. 2.  This act is effective upon ratification and applies on the date of adoption of final rules by the Commissioner of Labor.