TITLE X
PUBLIC HEALTH
Chapter 140
OCCUPATIONAL HEALTH
Section 140:1
140:1 Public Policy. –
Whereas the use of certain chemical and physical agents can be instrumental in the improvement of health, welfare, and productivity of the public if properly utilized, or may impair the industrial and agricultural potentials of this state and adversely affect the well-being of the citizens of this state if improperly utilized, it is hereby declared to be the public policy of this state:
I. To encourage the constructive use of these chemical and physical agents and to discourage improper uses of these agents.
II. To institute and maintain a consultative program for the use of chemical and physical agents so as to provide for:
(a) Compatibility with standards of the federal government.
(b) A single effective system of recommendations within the state.
(c) A system consonant, insofar as possible, with consultative systems of other states.
Source. 1986, 198:20, eff. Aug. 2, 1986.
Section 140:2
140:2 Purpose. –
It is the purpose of this chapter to implement the policies set forth in RSA 140:1 by providing for:
I. Effective consultative service relative to the use of chemical or physical agents for the protection of the occupational and public health and safety.
II. Promotion of an orderly consultative pattern within the state, among the states, and between the federal government and the state, and the facilitation of intergovernmental cooperation with respect to the use of chemical and physical agents to the end that duplication of effort may be minimized.
III. Maximum utilization of chemical or physical agents consistent with the health and safety of the public.
IV. Collection of information regarding ailments or diseases which may be contracted from occupational exposure to chemical or physical agents.
Source. 1986, 198:20, eff. Aug. 2, 1986.
Section 140:3
140:3 Definitions. –
In this chapter:
I. "Chemical agent" means any element, molecule, compound, or mixture to which persons may be exposed through ingestion, inhalation, or absorption and which, at sufficiently high concentrations, may produce adverse effects.
II. "Commissioner" means the commissioner of the department of health and human services.
III. "Person" means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state or any other state or political subdivision or agency of this or any other state, or any of their legal successors, representatives, agents, or agencies.
IV. "Physical agent" means forces of a physical nature including, but not limited to, heat stress, lasers, microwaves, noise, or ultraviolet radiation, to which persons may be exposed and which at sufficiently high levels may produce adverse effects.
Source. 1986, 198:20. 1995, 310:182, 183, eff. Nov. 1, 1995.
Section 140:4
140:4 Duties; Fees. –
The commissioner shall, for the protection of the occupational and public health and safety:
I. Develop and conduct comprehensive policies and programs for evaluation of hazards associated with the use of chemical or physical agents and for their amelioration.
II. Develop and conduct programs with due regard for compatibility with federal programs for consultation regarding chemical or physical agents.
III. Advise, consult, and cooperate with other agencies of the state, the federal government, other states, interstate agencies, political subdivisions, industries, and groups concerned with control of chemical or physical agents.
IV. Have the authority to accept, spend for the purpose of this chapter, and administer loans, grants, and other funds or gifts, conditional or otherwise, in furtherance of these functions, from the federal government and from other sources, public or private.
V. Encourage, participate in, or conduct studies and demonstrations in training and research relating to the control of chemical or physical agents, the measure of these agents, the effects on health of exposure to these agents, and related problems as necessary or advisable to the discharge of the duties under this chapter.
VI. Collect and disseminate health education information relating to protection from chemical or physical agents.
VII. Develop a schedule of fees by rule, pursuant to RSA 541-A, and assess and collect such fees for services provided under this chapter. The commissioner is authorized to establish a revolving fund into which shall be deposited the fees collected under this paragraph. The commissioner, with approval of the governor and council, shall be authorized to utilize the moneys from the revolving fund so created for the purposes outlined in this chapter.
VIII. Require reports from physicians regarding ailments or diseases which may be contracted from occupational exposures to chemical or physical agents.
Source. 1986, 198:20. 1995, 310:183, eff. Nov. 1, 1995.
Section 140:5
140:5 Report. –
I. Every physician in this state attending a patient whom he believes to be suffering from poison from lead, phosphorus, arsenic, brass, wood alcohol, mercury, or their compounds, or from anthrax, compressed air illness, or any other ailment or disease contracted as a result of the nature of the patient's employment, shall, within 48 hours, send to the commissioner of the department of health and human services a report stating the name, address, and occupation of the patient; the name, address, and business of the employer; the nature of the disease; and such other information as may be reasonably required by the commissioner of the department of health and human services. Posting the report within the time required in a stamped envelope addressed to the commissioner of the department of health and human services shall be considered to be in compliance with this section.
II. The commissioner of the department of health and human services shall adopt by rule the form and contents of blanks for such reports and shall prepare and furnish the same free of cost to physicians. The reports shall be on or in conformity with such blanks.
III. Reports prepared under this section shall not be evidence of the facts in any action arising out of the disease reported.
Source. 1986, 198:20. 1995, 310:182, eff. Nov. 1, 1995.
Section 140:6
140:6 Rulemaking. –
The commissioner of the department of health and human services shall adopt rules, pursuant to RSA 541-A, relative to:
I. Any information required on the reports under RSA 140:5, I.
II. Form and content of the blanks for the reports under RSA 140:5, II.
III. The fee schedule under RSA 140:4, VII.
Source. 1986, 198:20. 1995, 310:182, eff. Nov. 1, 1995.
Section 140:7
140:7 Copy of Reports to Commissioner of Labor. –
The commissioner of the department of health and human services shall transmit a copy of all reports prepared pursuant to RSA 140:5 to the commissioner of labor.
Source. 1986, 198:20. 1995, 310:182, eff. Nov. 1, 1995.
Section 140:8
140:8 Conflicting Laws. –
This chapter shall not be construed as repealing any laws of the state relating to chemical or physical agents or exposures to them but shall be held and construed as auxiliary and supplementary to them, except to the extent that they are in direct conflict with this chapter, in which case this chapter shall be controlling. Nothing in this chapter shall preclude the right of any governing body of a municipality to adopt ordinances or rules not inconsistent with this chapter.
Source. 1986, 198:20, eff. Aug. 2, 1986.
Section 140:9
140:9 Penalty. –
Any person who does not comply with any of the provisions of RSA 140 or with the rules adopted by the commissioner of the department of health and human services under RSA 140 shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
Source. 1986, 198:20. 1995, 310:182, eff. Nov. 1, 1995.