Workplace safety-employer assistance.

WORKING DRAFT

ORIGINAL HOUSE
BILL

NO.
0089

ENROLLED ACT NO. 41, HOUSE OF REPRESENTATIVES

SIXTY-FIRST LEGISLATURE OF THE STATE OF WYOMING
2012 BUDGET SESSION

AN ACT relating to
workplace safety; providing for
contracts
to
enhance
workplace safety;
specifying conditions for
contracts
;
providing rulemaking authority; providing for additional
consultation
positions;
transferring
positions;

providing for reports;
providing appropriations;
and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 9
‑
2
‑
2608 is created to read:

9
‑
2
‑
2608.

Workplace safety
contract
program.

(a)

The department of workforce services shall administer a program of workplace safety
contracts
as provided in this section.

(b
)

Upon application from a public or private employer, the department may
contract with an employer to take specific actions
to increase
and provide for effective
participation in workplace safety programs created and admin
istered under title 27, chapter
11 or 14 of Wyoming statutes.
Contract
recipients under this section shall:

(i)

Document the number of employees covered under the workplace safety programs
created or
enhanced by the
contract
;

(ii)

Document decreases in occupational hazards accomplished through participation in the workplace safety programs
.

(c)

The department shall promulgate rules and regulations for administration of the
contract
program provided in this section.

Contracts
under this section shall be conditioned on the following:

(i)

The recipient of the
contract

initiating
or participating in a workplace safety program created and
admin
istered under title 27, chapter
11 or 14 of Wyoming statutes;

(ii)

An in-cash cost sharing contribution of at least ten percent (10%) from the employer;

(iii)

No
contract
under this program shall be made to any individual employer in excess of ten thousand dollars ($10,000.00)
;

(iv)

Funds
expended on contracts
under this section shall be used solely for enhancement or implementation of workplace safety programs
, including for assistance in the purchase of safety equipment necessary to carry out the programs
created and admin
istered under title 27, chapter
11 or 14 of Wyoming statutes.

(c)

The department shall report on
contracts
issued under this section to the joint minerals, business and economic development interim committee on or before October 1, 2013 and by October 1 annually thereafter. Reports submitted under this subsection shall include, but not be limited to, information for the time period since the submittal of the last report, including:

(i)

Total number of
contracts
issued;

(ii)

Total amount of funds
contracted
;

(iii)

Number of employees covered under workplace safety programs created or enhanced under this section; and

(iv)

The total number of employees injured or killed while working for employers who participate in the program, including:

(A)

The percent increase or decrease of employees injured or killed while working for employers who received a
contract
under the program during the reporting period and for the last five (5) years when that information becomes available; and

(B)

A comparison by industry and job classification of the percentage of employees injured or killed while working for employers who received a
contract
under the program and employees injured or killed while working for employers who did not receive a
contract
under the program for the
reporting period and
for
the last five (5) years when that information becomes available
.

Section 2.

W.S. 9
‑
2
‑
2601(g)
(v), (vi) and
by creating a new paragraph (vii) is amended to read:

9
‑
2
‑
2601.

Department of workforce services; duties and responsibilities; agreements with other agencies authorized; definition; merger with department of employment.

(g)

The department shall take appropriate steps to:

(v)

Conduct and publish results of investigations and research studies;
and

(vi)

Assist the Wyoming workforce development council and the state youth council in pursuing their missions and goals
;
.

and

(vii)

Administer
contracts
pursuant to W.S. 9
‑
2
‑
2608.

Section 3.

(a)

There is appropriated

five
hundred thousand
dollars ($
5
0
0
,000.00)
from the
Wyoming industrial accident
fund to the
department of workforce services
. This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 201
4
.

This appropriation shall only be expended for the purpose of
funding
contracts
under W.S. 9
‑
2
‑
2608 created by this act.
Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation sha
ll revert as provided by law on June 30, 2014
.

(b)

The occupational health and safety
division
is authori
zed an additional five (5) full-
time equivalent positions to be retained as occupational health and safety consultants
and not compliance officers
.
In addition,
two
(
2
) full-
time equivalent positions shall be
allocated
from the department of workforce service
s
to the occupational health and safety
division
. The positions shall be as determined by the governor and shall be filled only for the purposes of increasing
occupational health and safety consultations. The funding associated with the transferred positions shall be transferred from the
Wyoming industrial accident fund
to the occupational health and safety
division
.
There is
additionally
appropriated

one million
two hundred eighty-two
thousand
four
hundred
five

dollars ($
1,
282
,
405
.00)
from the
Wyoming industrial accident
fund to the
occupational health and safety
division
. This appropriati
on shall be for the period beginning with the effective date of this act and ending June 30, 201
4
.

This appropriation shall only be expended for the purpose of
funding the
five (5) additional full-
time equivalent positions
authorized by this subsection
only

for occupational health and safety consultations.

Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation sha
ll revert as provided by law on June 30, 2014
.

Funding for the
seven (7
) positions specified in this subsection
shall be included in the
division's

201
5
-201
6
standard biennial budget request.

Section 4.
This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1