November 22, 2019
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       Florida Senate - 2010                                     SB 154
       
       
       
       By Senator Lynn
       
       
       
       
       7-00023-10                                             2010154__
    1                        A bill to be entitled                      
    2         An act relating to workplace safety; creating s.
    3         440.1026, F.S.; providing definitions; requiring
    4         public employers to submit by a certain date injury
    5         and illness data to the Division of Workers’
    6         Compensation in the Department of Financial Services
    7         using a specified form; authorizing the division to
    8         adopt rules; requiring the division to compile data
    9         from the reports and make the data available on the
   10         department’s website; requiring the employer to retain
   11         the reports for 7 years; requiring the division to
   12         establish a toll-free telephone number for public
   13         employees relating to workplace safety by a certain
   14         date; requiring the division to provide certain
   15         information on its website by a certain date;
   16         requiring all public employers to comply with certain
   17         federal Occupation Safety and Health Administration
   18         standards by a certain date; amending s. 440.59, F.S.;
   19         revising the annual report submitted by the department
   20         to include an analysis and summary on public
   21         employers’ work-related injuries and workers’
   22         compensation claims; requiring the report to be
   23         provided to public employers and related officials;
   24         providing an effective date.
   25  
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Section 440.1026, Florida Statutes, is created
   29  to read:
   30         440.1026Public employer workplace safety.—
   31         (1)As used in this section, the term:
   32         (a)“OSHA” means the Occupation Safety and Health
   33  Administration in the Department of Labor.
   34         (b)“Public employer” means any agency within state,
   35  county, or municipal government, including school districts,
   36  which employs individuals for salary, wages, or other
   37  remuneration.
   38         (2)Effective October 1, 2010, all public employers shall
   39  collect and retain injury and illness data as incidents occur
   40  using OSHA Form 300, Log of Work-Related Injuries and Illnesses.
   41         (a)Data from the report shall be collected and submitted
   42  to the division pursuant to procedures adopted by the division
   43  by rule.
   44         1.Data from the report shall be compiled by the division
   45  by employer and made available on the department’s website.
   46         2.The data shall be used to provide information needed for
   47  the annual department report submitted pursuant to s. 440.59.
   48         3.The reporting procedures must facilitate the state’s
   49  participation in the United States Bureau of Labor Statistics’
   50  injuries, illnesses, and fatalities database.
   51         (b)The report shall be retained by the employer for 7
   52  years.
   53         (3)Effective October 1, 2010, the division shall establish
   54  and publicize the availability of a toll-free telephone for
   55  public employees to ask questions, request materials, seek
   56  assistance related to workplace safety, and report perceived
   57  unsafe workplace conditions.
   58         (4)Effective October 1, 2010, the division shall include
   59  on its website a safety information link that provides a list of
   60  professional resources that are available to assist public
   61  employers in enhancing safety in their workplaces.
   62         (5)Effective June 30, 2013, all public employers must
   63  comply with OSHA general industry standards C.F.R. part 1910,
   64  and construction standards C.F.R. part 1926, as applicable.
   65         Section 2. Section 440.59, Florida Statutes, is amended to
   66  read:
   67         440.59 Reporting requirements.—The department shall
   68  annually prepare a report of the administration of this chapter
   69  for the preceding calendar year., including
   70         (1)The report must include:
   71         (a) A detailed statement of the receipts of and
   72  expenditures from the fund established in s. 440.50. and
   73         (b) A statement of the causes of the accidents leading to
   74  the injuries for which the awards were made., together with
   75         (c)A comprehensive analysis and summary of public
   76  employers’ work-related illnesses, injuries, fatalities, and
   77  compensation claims and costs.
   78         (d) Such recommendations as the department considers
   79  advisable.
   80         (2) On or before September 15 of each year, the department
   81  shall submit a copy of the report to the Governor, the President
   82  of the Senate, the Speaker of the House of Representatives, the
   83  Democratic and Republican Leaders of the Senate and the House of
   84  Representatives, and the chairs of the legislative committees
   85  having jurisdiction over workers’ compensation. Each public
   86  employer and related governing official shall be provided with a
   87  copy of the analysis and summary described in paragraph (1)(c).
   88  The report may be provided electronically.
   89         Section 3. This act shall take effect July 1, 2010.

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