January 21, 2021
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_h0359__
HB 359

1
A bill to be entitled
2An act relating to workplace safety; creating s. 440.1026,
3F.S.; providing definitions; requiring public employers to
4submit by a certain date injury and illness data to the
5Division of Workers' Compensation in the Department of
6Financial Services using a specified form; authorizing the
7division to adopt rules; requiring the division to compile
8data from the reports and make the data available on the
9division's website; requiring the employer to retain the
10reports for 7 years; requiring the division to establish a
11toll-free telephone number for public employees relating
12to workplace safety by a certain date; requiring the
13division to provide certain information on its website by
14a certain date; requiring all public employers to comply
15with certain federal Occupation Safety and Health
16Administration standards by a certain date; amending s.
17440.59, F.S.; revising the annual report submitted by the
18department to include an analysis and summary on public
19employers' work-related injuries and workers' compensation
20claims; requiring the report to be provided to public
21employers and related officials; providing an effective
22date.
23
24Be It Enacted by the Legislature of the State of Florida:
25
26     Section 1.  Section 440.1026, Florida Statutes, is created
27to read:
28     440.1026  Public employer workplace safety.-
29     (1)  As used in this section, the term:
30     (a)  "OSHA" means the Occupation Safety and Health
31Administration in the Department of Labor.
32     (b)  "Public employer" means any agency within state,
33county, or municipal government, including school districts,
34which employs individuals for salary, wages, or other
35remuneration.
36     (2)  Effective October 1, 2010, all public employers shall
37collect and retain injury and illness data as incidents occur
38using OSHA Form 300, Log of Work-Related Injuries and Illnesses.
39     (a)  Data from the report shall be collected and submitted
40to the division pursuant to procedures adopted by the division
41by rule.
42     1.  Data from the report shall be compiled by the division
43and the employer and made available on the department's website.
44     2.  The data shall be used to provide information needed
45for the annual department report submitted pursuant to s.
46440.59.
47     3.  The reporting procedures must facilitate the state's
48participation in the United States Department of Labor's Bureau
49of Labor Statistics' injuries, illnesses, and fatalities
50database.
51     (b)  The report shall be retained by the employer for 7
52years.
53     (3)  Effective October 1, 2010, the division shall
54establish and publicize the availability of a toll-free
55telephone number for public employees to ask questions, request
56materials, seek assistance related to workplace safety, and
57report perceived unsafe workplace conditions.
58     (4)  Effective October 1, 2010, the division shall include
59on its website a safety information link that provides a list of
60professional resources that are available to assist public
61employers in enhancing safety in their workplaces.
62     (5)  Effective June 30, 2013, all public employers must
63comply with OSHA general industry standards 29 C.F.R. part 1910,
64and construction standards 29 C.F.R. part 1926, as applicable.
65     Section 2.  Section 440.59, Florida Statutes, is amended to
66read:
67     440.59  Reporting requirements.-The department shall
68annually prepare a report of the administration of this chapter
69for the preceding calendar year., including
70     (1)  The report must include:
71     (a)  A detailed statement of the receipts of and
72expenditures from the fund established in s. 440.50. and
73     (b)  A statement of the causes of the accidents leading to
74the injuries for which the awards were made., together with
75     (c)  A comprehensive analysis and summary of public
76employers' work-related illnesses, injuries, fatalities, and
77compensation claims and costs.
78     (d)  Such recommendations as the department considers
79advisable.
80     (2)  On or before September 15 of each year, the department
81shall submit a copy of the report to the Governor, the President
82of the Senate, the Speaker of the House of Representatives, the
83Democratic and Republican Leaders of the Senate and the House of
84Representatives, and the chairs of the legislative committees
85having jurisdiction over workers' compensation. Each public
86employer and related governing official shall be provided with a
87copy of the analysis and summary described in paragraph (1)(c).
88The report may be provided electronically.
89     Section 3.  This act shall take effect July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.
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