HB 1661-FN-A – AS INTRODUCED
2012 SESSION
09/04
HOUSE BILL 1661-FN-A
AN ACT repealing the department of labor’s workers’ compensation safety program inspection duties and the workers’ compensation safety inspection fund and adopting a federal provision which allows a small business to self-certify its spill prevention countermeasure and control plan for above ground storage tanks.
SPONSORS: Rep. Mirski, Graf 10; Rep. Seidel, Hills 20; Rep. Cebrowski, Hills 18
COMMITTEE: Labor, Industrial and Rehabilitative Services
This bill repeals the department of labor’s workers’ compensation safety program inspection duties and the workers’ compensation safety inspection fund and adopts a federal provision which allows a small business to self-certify its spill prevention countermeasure and control plan for above ground storage tanks.
This bill was requested by the commission to study business regulations in New Hampshire established in 2011, 263 (HB 248).
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2211
09/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT repealing the department of labor’s workers’ compensation safety program inspection duties and the workers’ compensation safety inspection fund and adopting a federal provision which allows a small business to self-certify its spill prevention countermeasure and control plan for above ground storage tanks.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Repeal. The following are repealed:
I. RSA 6:12, I(b)(50), relative to moneys collected under RSA 281-A:64, VIII and credited to the workers’ compensation safety inspection fund.
II. RSA 21-I:80, VI(a)(4), relative to a contractor’s compliance with a written safety program and proof of an existing joint loss management committee.
III. RSA 228:4-b, relative to a contractor’s compliance with a written safety program and proof of an existing joint loss management committee.
IV. RSA 281-A:60, I(k), relative to rules on safety programs and joint loss management committees.
V. RSA 281-A:60, I(o), relative to rules on procedures for safety inspections.
VI. RSA 281-A:64, II-IX, relative to safety programs, an administrative penalty, and the workers’ compensation safety inspection fund.
2 Reference to Fund Deleted. Amend RSA 277:5-a, III to read as follows:
III. The labor commissioner shall adopt rules under RSA 541-A relative to implementation and enforcement of this section. The commissioner may also assess a civil penalty of up to $2,500; in addition, such an employer shall be assessed a civil penalty of $100 per employee for each day of noncompliance. [All funds collected under this section shall be deposited into the workers’ compensation safety inspection fund established in RSA 281-A:64, IX.] The labor commissioner shall appoint as many individuals as necessary to carry out the department’s responsibilities under this section.
3 Reference Deleted. Amend RSA 281-A:4-b to read as follows:
281-A:4-b Work Certificate for Contractors Before Beginning Their Work on Public Projects. The commissioner of labor shall provide a work certificate form to meet the requirements of the departments of transportation and administrative services, in accordance with [RSA 228:4-b or] RSA 21-I:80, VI, for contractors, subcontractors, and independent contractors to certify their compliance with RSA 281-A.
4 Reference Deleted. Amend RSA 281-A:64-a, I to read as follows:
I. To qualify for the incentive discount under this section, an eligible employer shall obtain and carry out a loss management program which shall be developed by a loss management consultant certified by the panel established in paragraph IV. A qualifying loss management program shall address safety improvements in the physical environment of the workplace and in the production process. Such a program shall also involve behavioral elements, including substantial employee involvement in a joint loss management committee[, required under RSA 281-A:64, III] and alternative work programs which allow and encourage injured employees to return to work, and continuing education of participating employers and employee.
5 New Paragraph; Rulemaking; Oil Spill Prevention. Amend RSA 146-A:11-c by inserting after paragraph V-b the following new paragraph:
V-c. Procedures for a facility that meets the criteria of a tier 1 qualified facility, as defined in 40 C.F.R. part 112.3(g)(1), to self-certify their spill prevention countermeasure and control plan.
6 Effective Date. This act shall take effect July 1, 2012.
LBAO
12-2211
12/28/11
HB 1661-FN-A - FISCAL NOTE
AN ACT repealing the department of labor’s workers’ compensation safety program inspection duties and the workers’ compensation safety inspection fund and adopting a federal provision which allows a small business to self-certify its spill prevention countermeasure and control plan for above ground storage tanks.
FISCAL IMPACT:
The Department of Labor states this bill will decrease state restricted revenue by $89,000 in FY 2013 and each year thereafter. The Department of Environmental Services states this bill may decrease state, county and local expenditures by $1,900 in FY 2013 and each year thereafter. There is no fiscal impact on county and local revenue.
METHODOLOGY:
The Department of Labor states this bill repeals the legal requirement for employers to prepare safety summaries and eliminates the workers’ compensation safety inspection fund. The Department collected $87,000 in civil penalties under RSA 277:5-a and RSA 281-A:64, and approximately $2,000 under RSA 228:4-b in FY 2011. The Department states the elimination of the fund will decrease state restricted revenue by approximately $89,000 each year.
The Department of Environmental Services states allowing tier I qualifying aboveground petroleum tank facility owners to self certify their spill prevention, control and countermeasure plans will reduce state, county, and local expenditures as the owner of these facilities will no longer need to have a NH licensed professional engineer develop and certify the plan. The Department states this bill will only impact new facility owners or owners that make significant modifications to their regulated aboveground petroleum storage tank facilities. The Department estimates there will be one facility owner impacted at each level of government. The cost to hire an engineer to develop and certify a plan ranges between $800 and $3,000, for an average cost of $1,900. On average, state, county, and local expenditures may decrease by $1,900 each year.
The Department of Transportation states the repeal of RSA 228:4-b (relative to contractor’s compliance with a written safety program and proof of an existing joint loss management committee), eliminates items from the Department’s field compliance officers’ compliance checklist for field reviews. The Department states the removal of these items from the checklist will not result in a measurable decrease in work hours required for field compliance staff.