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H0590aa.........................................................by BUSINESS
SCHOOLS - PLACES OF EMPLOYMENT - INSPECTIONS - Amends and repeals existing
law to revise provisions relating to inspections of public school
facilities and places of employment.
02/08 House intro - 1st rdg - to printing
02/11 Rpt prt - to Bus
02/28 Rpt out - to Gen Ord
Rpt out amen - to engros
03/01 Rpt engros - 1st rdg - to 2nd rdg as amen
03/04 2nd rdg - to 3rd rdg as amen
03/05 3rd rdg as amen - PASSED - 66-0-4
AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark,
Collins, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
Hornbeck, Jaquet, Jones, Kellogg(Duncan), Kendell, Kunz, Lake,
Langford, Loertscher, Mader, Martinez, McKague, Meyer, Montgomery,
Mortensen, Moyle, Pearce, Pischner, Pomeroy, Ridinger, Roberts,
Robison, Sali, Sellman, Shepherd, Smith(33), Smith(23), Smylie,
Stevenson, Stone, Tilman, Trail, Wheeler, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Crow, Raybould, Schaefer, Wood
Floor Sponsor - Gagner
Title apvd - to Senate
03/06 Senate intro - 1st rdg - to Com/HuRes
03/11 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/14 3rd rdg - PASSED - 23-1-11
AYES -- Boatright, Branch(Bartlett), Bunderson, Burtenshaw, Cameron,
Darrington, Davis, Geddes, Goedde, Hill, Ipsen, Keough, Little,
Lodge, Marley, Noh, Risch, Sandy, Schroeder, Sims, Sorensen,
Stegner, Thorne
NAYS -- Hawkins
Absent and excused -- Andreason, Brandt, Deide, Dunklin, Frasure,
Ingram, King-Barrutia, Richardson, Stennett, Wheeler, Williams
Floor Sponsor - Goedde
Title apvd - to House
03/15 To enrol - rpt enrol - Sp signed
Pres signed
03/15 To Governor
03/20 Governor signed
Session Law Chapter 126
Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 590
BY BUSINESS COMMITTEE
1 AN ACT
2 RELATING TO WORKER AND BUILDING SAFETY; REPEALING SECTIONS 39-4130 AND
3 39-4131, IDAHO CODE; AMENDING SECTION 39-8008, IDAHO CODE, TO CLARIFY
4 AUTHORITY, TO PROVIDE FOR ANNUAL INSPECTIONS OF PUBLIC SCHOOL FACILITIES,
5 TO PROVIDE THAT INSPECTIONS SHALL TAKE INTO ACCOUNT THE AGE OF SCHOOL
6 FACILITIES AND THE CODES IN EFFECT AT THE TIME OF THE CONSTRUCTION, TO
7 PROVIDE THAT PROVISIONS RELATING TO IMMINENT SAFETY HAZARDS SHALL APPLY TO
8 ALL PUBLIC SCHOOL FACILITIES REGARDLESS OF AGE AND TO PROVIDE THAT
9 NOTIFICATIONS SHALL STATE IN BOLD PRINT THAT CITATIONS FOR VIOLATIONS OR
10 NONCONFORMANCES CONSTITUTE RECOMMENDATIONS ONLY; AMENDING SECTION 72-517,
11 IDAHO CODE, TO PROVIDE THAT THE COMMISSION MAY REVIEW AND PREAPPROVE CER-
12 TAIN EXPENSES INCURRED PURSUANT TO COOPERATIVE AGREEMENTS IF THE COMMIS-
13 SION IS THE FUNDING SOURCE; AMENDING SECTION 72-720, IDAHO CODE, TO LIMIT
14 INSPECTIONS BASED UPON WRITTEN REQUESTS OR WRITTEN DOCUMENTED INFORMATION
15 RELATING TO EMPLOYERS SUBJECT TO THE COMMISSION'S JURISDICTION IN WORKER
16 SAFETY MATTERS, TO REVISE LANGUAGE AUTHORIZING THE COMMISSION TO INSPECT
17 CERTAIN PLACES OF EMPLOYMENT, TO SET FORTH EXCEPTIONS AND TO PROVIDE COR-
18 RECT TERMINOLOGY; AND AMENDING SECTION 72-722, IDAHO CODE, TO PROVIDE A
19 CODE REFERENCE, TO CLARIFY THE AUTHORITY OF THE COMMISSION, TO PROVIDE
20 CORRECT TERMINOLOGY, TO MAKE GRAMMATICAL CHANGES, TO PROVIDE THAT THE COM-
21 MISSION MAY NOTIFY AN EMPLOYER'S PRIMARY WORKER'S COMPENSATION INSURER OF
22 CERTAIN HAZARDS THAT ARE NOT CORRECTED WITHIN A SPECIFIED PERIOD OF TIME,
23 TO PROVIDE THAT SUCH NOTIFICATION IS INTENDED ONLY TO ASSIST IN CORRECTING
24 THE HAZARDS AND SHALL NOT BE GROUNDS FOR DECLINING COVERAGE OR RAISING
25 PREMIUM RATES AND TO DEFINE "IMMINENT SAFETY HAZARD."
26 Be It Enacted by the Legislature of the State of Idaho:
27 SECTION 1. That Sections 39-4130 and 39-4131, Idaho Code, be, and the
28 same are hereby repealed.
29 SECTION 2. That Section 39-8008, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 39-8008. ADDITIONAL DUTIES OF ADMINISTRATOR -- RIGHT OF INSPECTION --
32 POSTING. (1) The administrator shall have authority under this section to
33 enter all public school facilities covered by this chapter at reasonable times
34 and to inspect, on an annual basis, such facilities for compliance with the
35 Idaho uniform school building safety code; provided however, that inspections
36 shall take into account the age of the school facilities and the appropriate
37 codes that would have been in effect at the time of the construction of such
38 facilities; provided further, that regardless of the codes in effect at the
39 time of construction, imminent safety hazards found in public school facili-
40 ties shall be identified and the provisions of this chapter relating to such
41 imminent safety hazards shall apply.
42 (2) If the administrator finds a violation of the Idaho uniform school
2
1 building safety code that he concludes does not constitute an imminent safety
2 hazard, he shall notify in writing the school district superintendent, princi-
3 pal, board member, or other person in charge. Such notification shall state,
4 in bold print, that the citations for violations or nonconformances constitute
5 recommendations only.
6 (3) If the administrator finds a violation of the Idaho uniform school
7 building safety code that he concludes constitutes an imminent safety hazard,
8 he shall immediately notify the department of administration and request that
9 the department of administration designate a licensed professional to inde-
10 pendently evaluate the condition prior to issuing any report under this chap-
11 ter. The department of administration shall, within two (2) working days, des-
12 ignate a licensed professional to independently evaluate the condition identi-
13 fied. That licensed professional shall, within fourteen (14) days, complete
14 its independent evaluation of the condition identified by the administrator
15 and notify the director of the department of administration of its conclu-
16 sions. If the administrator determines that the condition constituting an
17 imminent safety hazard could reasonably be expected to cause death or serious
18 physical harm before the evaluation of the department of administration can be
19 completed and before the condition can be eliminated, he shall determine the
20 extent of the area where such condition exists and thereupon shall issue a
21 written order or notice requiring the school district superintendent, princi-
22 pal, board member or other person in charge to cause all persons, except those
23 necessary to eliminate the condition, to be withdrawn from, and to be
24 restrained from entering, such area pending the evaluation of the department
25 of administration. This order shall be withdrawn if the evaluation of the
26 department of administration does not concur with the administrator that the
27 condition constitutes an imminent safety hazard as could reasonably be
28 expected to cause death or serious physical harm before the condition can be
29 eliminated.
30 (4) If the department of administration agrees with the determination of
31 the administrator that a condition identified constitutes an imminent safety
32 hazard, the department of administration shall, within three (3) working days,
33 so notify the administrator in writing.
34 (5) Upon receipt of such notification in writing, the administrator shall
35 immediately serve, or cause to be served, written notice or order upon the
36 school district superintendent, principal, board member or other person in
37 charge describing the imminent safety hazard. The administrator shall also
38 notify in writing the state superintendent of public instruction of such immi-
39 nent safety hazard. Upon receipt of such written notice or order, the school
40 district superintendent, principal, board member, or other person in charge
41 shall require all changes necessary to eliminate the imminent safety hazard be
42 made, without delay and within the time specified by the administrator in the
43 notice or order. If the condition presenting an imminent safety hazard is not
44 corrected within the specified time, or if the administrator determines that
45 the condition constituting such imminent safety hazard could reasonably be
46 expected to cause death or serious physical harm before the condition can be
47 eliminated, if he has not previously done so he shall determine the extent of
48 the area where such condition exists and thereupon shall issue an order or
49 notice requiring the school district superintendent, principal, board member,
50 or other person in charge to cause all persons, except those necessary to
51 eliminate the condition, to be withdrawn from, and to be restrained from
52 entering, such area. The school district superintendent, principal, board mem-
53 ber, or other person in charge shall assist the administrator as necessary to
54 post such areas to prevent injury.
55 (6) The administrator shall follow up on the school district's progress
3
1 in addressing any identified imminent safety hazard to ensure that appropriate
2 corrective action was taken. The administrator may extend the time for com-
3 pleting corrective action if he deems necessary.
4 (7) Upon completion of corrective action and verification of such comple-
5 tion by the division of building safety and the department of administration,
6 the administrator shall provide a report to the state superintendent of pub-
7 lic instruction, the local superintendent of schools and the chair of the
8 local school board.
9 SECTION 3. That Section 72-517, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 72-517. COOPERATION WITH OTHER AGENCIES. The commission shall have the
12 authority to enter into cooperative agreements with the director of the
13 department of labor, the administrator of the division of building safety, the
14 director of the department of health and welfare, state board of education,
15 state board for professional-technical education, state nuclear energy commis-
16 sion, and with other state agencies and with their successors, and with fed-
17 eral and private agencies, and to cooperate with programs sponsored by all
18 such agencies to facilitate the carrying out of the purposes of this law.
19 Under any cooperative agreement entered into with a state or private agency
20 pursuant to this section, the commission shall have the authority to review
21 and preapprove any projected, new or ongoing expenses incurred or to be incur-
22 red pursuant to the agreement if the commission is the funding source under
23 the terms of the agreement.
24 SECTION 4. That Section 72-720, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 72-720. POWERS OF COMMISSION -- SAFETY. (1) The commission is empowered
27 Except as provided in subsection (2) of this section, whenever it receives a
28 written request for an inspection or has written documented information that
29 any employer subject to the provisions of this act commission's jurisdiction
30 in worker safety matters is employing workmen workers in or about any struc-
31 ture, room or place of employment which is not constructed and maintained in
32 conformity with reasonable standards of construction as shall render it safe,
33 or is employing workmen workers on, or with, tools, equipment or machinery
34 which are not equipped with safety devices, safeguards or other means of pro-
35 tection well adapted to render employees and places of employment safe, the
36 commission is authorized to inspect such places of employment, to compel such
37 employer to cease employing workmen workers in such places, or on, or with,
38 such tools, appliances or machinery, if they are deemed unsafe, and, pursuant
39 to the provisions of chapter 52, title 67, Idaho Code, to adopt reasonable
40 minimum safety standards, and to make inspection in and about any place where
41 workmen are employed.
42 (2) The provisions of this section shall not apply to the logging safety
43 program or to the authority of the commission to inspect elevators, boilers
44 and pressure vessels.
45 SECTION 5. That Section 72-722, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 72-722. UNSAFE CONDITIONS -- PROCEDURE -- WARNING ORDER -- SAFETY INSPEC-
48 TION -- HEARING -- DECISION. (1) The commission is empowered, whenever it has
49 information pursuant to section 72-720, Idaho Code, that employees within the
4
1 commission's worker safety jurisdiction are employed in or about places, or
2 on, or with, tools, equipment or machinery which are not constructed or
3 equipped to properly protect life, health and safety of the employees, or
4 which do not conform to minimum safety standards adopted by the commission, to
5 immediately notify, by United States mail, the owner or lessee of the prem-
6 ises or the proprietor or operator of the business there carried on, of the
7 fact that it has such information and to require such owner, lessee, propri-
8 etor or operator to immediately render such places of employment safe, or to
9 equip with proper safety devices, safeguards or other means or methods of pro-
10 tection, such tools, equipment or machines so as to render his employees and
11 the place of employment safe, or to cease employing workmen workers in or
12 about such places or on or about such tools, equipment or machinery.
13 (2) Upon receiving such notice from the commission, such owner, lessee,
14 proprietor or operator shall immediately conform to the order of the commis-
15 sion or shall notify the commission that he claims he is not operating in
16 violation of such order.
17 (3) Upon receiving such information from such owner, lessee, proprietor
18 or operator, the commission shall, unless such information was obtained by
19 inspection by the commission, inspect or cause to be inspected, said place of
20 employment or tools, equipment or machinery, and if upon such inspection the
21 commission is of the opinion that the place of employment is not unsafe or
22 that the tools, equipment or machinery have proper safety devices, safeguards
23 or other means or methods of protection which are well adapted to render the
24 employees and places of employment safe, it shall so notify the owner.
25 (4) If after such an inspection the commission is of the opinion that the
26 place of employment is not constructed or maintained to render it reasonably
27 safe or that the tools, equipment or machines are not equipped with proper
28 safety devices, safeguards or other means or methods of protection which are
29 well adapted to render the employees and places of employment safe, it the
30 commission:
31 (a) Sshall designate a time and place for hearing and may assign the mat-
32 ter for hearing by a member of the commission, or a hearing officer, ref-
33 eree or examiner; and
34 (b) May, if safety hazards found during the inspection are determined by
35 the commission to constitute imminent safety hazards and are not corrected
36 within ten (10) days of such inspection, notify the employer's primary
37 worker's compensation insurer of such hazards; provided however, that such
38 notification is intended only to assist in correcting the hazards and
39 shall not be grounds for declining coverage or raising premium rates for
40 the employer. For purposes of this subsection, "imminent safety hazard"
41 means a condition that presents an unreasonable risk of death or serious
42 bodily injury to workers.
43 (5) The commission or the officer to whom the matter is assigned for
44 hearing shall make such inquiry and investigation as shall be deemed neces-
45 sary. The hearing may be held in the city or town within the county where such
46 places of employment are situated or such other place as the commission deems
47 most convenient for the parties and most appropriate for ascertaining their
48 rights.
49 (6) Thereafter, the applicable procedure shall be as set forth in sec-
50 tions 72-714 to 72-718, inclusive.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
Moved by Gagner
Seconded by Black
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 590
1 AMENDMENT TO SECTION 2
2 On page 3 of the printed bill, following line 8, insert:
3 "(8) Annual inspections of public school facilities conducted by the
4 administrator under the provisions of this section shall be funded pursuant to
5 legislative appropriation.".
6 AMENDMENTS TO SECTION 4
7 On page 3, delete lines 42 through 44 and insert:
8 "(2) The provisions of this section requiring a written request or writ-
9 ten documentation prior to an inspection shall not apply to:
10 (a) Inspections conducted pursuant to rules promulgated by the commission
11 relating to the logging safety program or elevators, boilers and pressure
12 vessels; or
13 (b) Inspections of buildings owned or maintained by a political subdivi-
14 sion of the state if such political subdivision has not, pursuant to chap-
15 ter 41, title 39, Idaho Code, adopted applicable building codes and insti-
16 tuted and implemented a code enforcement program; provided however, that
17 inspections by the commission of such buildings shall be conducted on an
18 annual basis only. For purposes of this subsection, "political subdivi-
19 sion" means any governmental unit or special district of the state of
20 Idaho.".
21 AMENDMENTS TO THE BILL
22 On page 3, delete lines 9 through 23; in line 24, delete "SECTION 4" and
23 insert: "SECTION 3"; delete lines 45 through 49; and on page 4, delete lines 1
24 through 50.
25 CORRECTIONS TO TITLE
26 On page 1, in line 8, delete "AND" and insert: ","; in line 10, following
27 "ONLY" insert: "AND TO PROVIDE THAT ANNUAL INSPECTIONS OF PUBLIC SCHOOL FACIL-
28 ITIES SHALL BE FUNDED PURSUANT TO LEGISLATIVE APPROPRIATION"; also in line 10,
29 delete "AMENDING SECTION 72-517,"; delete lines 11 and 12; in line 13, delete
30 "SION IS THE FUNDING SOURCE;" and insert: "AND"; delete lines 18 through 25
31 and insert: "RECT TERMINOLOGY.".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 590, As Amended
BY BUSINESS COMMITTEE
1 AN ACT
2 RELATING TO WORKER AND BUILDING SAFETY; REPEALING SECTIONS 39-4130 AND
3 39-4131, IDAHO CODE; AMENDING SECTION 39-8008, IDAHO CODE, TO CLARIFY
4 AUTHORITY, TO PROVIDE FOR ANNUAL INSPECTIONS OF PUBLIC SCHOOL FACILITIES,
5 TO PROVIDE THAT INSPECTIONS SHALL TAKE INTO ACCOUNT THE AGE OF SCHOOL
6 FACILITIES AND THE CODES IN EFFECT AT THE TIME OF THE CONSTRUCTION, TO
7 PROVIDE THAT PROVISIONS RELATING TO IMMINENT SAFETY HAZARDS SHALL APPLY TO
8 ALL PUBLIC SCHOOL FACILITIES REGARDLESS OF AGE, TO PROVIDE THAT
9 NOTIFICATIONS SHALL STATE IN BOLD PRINT THAT CITATIONS FOR VIOLATIONS OR
10 NONCONFORMANCES CONSTITUTE RECOMMENDATIONS ONLY AND TO PROVIDE THAT ANNUAL
11 INSPECTIONS OF PUBLIC SCHOOL FACILITIES SHALL BE FUNDED PURSUANT TO LEGIS-
12 LATIVE APPROPRIATION; AND AMENDING SECTION 72-720, IDAHO CODE, TO LIMIT
13 INSPECTIONS BASED UPON WRITTEN REQUESTS OR WRITTEN DOCUMENTED INFORMATION
14 RELATING TO EMPLOYERS SUBJECT TO THE COMMISSION'S JURISDICTION IN WORKER
15 SAFETY MATTERS, TO REVISE LANGUAGE AUTHORIZING THE COMMISSION TO INSPECT
16 CERTAIN PLACES OF EMPLOYMENT, TO SET FORTH EXCEPTIONS AND TO PROVIDE COR-
17 RECT TERMINOLOGY.
18 Be It Enacted by the Legislature of the State of Idaho:
19 SECTION 1. That Sections 39-4130 and 39-4131, Idaho Code, be, and the
20 same are hereby repealed.
21 SECTION 2. That Section 39-8008, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 39-8008. ADDITIONAL DUTIES OF ADMINISTRATOR -- RIGHT OF INSPECTION --
24 POSTING. (1) The administrator shall have authority under this section to
25 enter all public school facilities covered by this chapter at reasonable times
26 and to inspect, on an annual basis, such facilities for compliance with the
27 Idaho uniform school building safety code; provided however, that inspections
28 shall take into account the age of the school facilities and the appropriate
29 codes that would have been in effect at the time of the construction of such
30 facilities; provided further, that regardless of the codes in effect at the
31 time of construction, imminent safety hazards found in public school facili-
32 ties shall be identified and the provisions of this chapter relating to such
33 imminent safety hazards shall apply.
34 (2) If the administrator finds a violation of the Idaho uniform school
35 building safety code that he concludes does not constitute an imminent safety
36 hazard, he shall notify in writing the school district superintendent, princi-
37 pal, board member, or other person in charge. Such notification shall state,
38 in bold print, that the citations for violations or nonconformances constitute
39 recommendations only.
40 (3) If the administrator finds a violation of the Idaho uniform school
41 building safety code that he concludes constitutes an imminent safety hazard,
42 he shall immediately notify the department of administration and request that
2
1 the department of administration designate a licensed professional to inde-
2 pendently evaluate the condition prior to issuing any report under this chap-
3 ter. The department of administration shall, within two (2) working days, des-
4 ignate a licensed professional to independently evaluate the condition identi-
5 fied. That licensed professional shall, within fourteen (14) days, complete
6 its independent evaluation of the condition identified by the administrator
7 and notify the director of the department of administration of its conclu-
8 sions. If the administrator determines that the condition constituting an
9 imminent safety hazard could reasonably be expected to cause death or serious
10 physical harm before the evaluation of the department of administration can be
11 completed and before the condition can be eliminated, he shall determine the
12 extent of the area where such condition exists and thereupon shall issue a
13 written order or notice requiring the school district superintendent, princi-
14 pal, board member or other person in charge to cause all persons, except those
15 necessary to eliminate the condition, to be withdrawn from, and to be
16 restrained from entering, such area pending the evaluation of the department
17 of administration. This order shall be withdrawn if the evaluation of the
18 department of administration does not concur with the administrator that the
19 condition constitutes an imminent safety hazard as could reasonably be
20 expected to cause death or serious physical harm before the condition can be
21 eliminated.
22 (4) If the department of administration agrees with the determination of
23 the administrator that a condition identified constitutes an imminent safety
24 hazard, the department of administration shall, within three (3) working days,
25 so notify the administrator in writing.
26 (5) Upon receipt of such notification in writing, the administrator shall
27 immediately serve, or cause to be served, written notice or order upon the
28 school district superintendent, principal, board member or other person in
29 charge describing the imminent safety hazard. The administrator shall also
30 notify in writing the state superintendent of public instruction of such immi-
31 nent safety hazard. Upon receipt of such written notice or order, the school
32 district superintendent, principal, board member, or other person in charge
33 shall require all changes necessary to eliminate the imminent safety hazard be
34 made, without delay and within the time specified by the administrator in the
35 notice or order. If the condition presenting an imminent safety hazard is not
36 corrected within the specified time, or if the administrator determines that
37 the condition constituting such imminent safety hazard could reasonably be
38 expected to cause death or serious physical harm before the condition can be
39 eliminated, if he has not previously done so he shall determine the extent of
40 the area where such condition exists and thereupon shall issue an order or
41 notice requiring the school district superintendent, principal, board member,
42 or other person in charge to cause all persons, except those necessary to
43 eliminate the condition, to be withdrawn from, and to be restrained from
44 entering, such area. The school district superintendent, principal, board mem-
45 ber, or other person in charge shall assist the administrator as necessary to
46 post such areas to prevent injury.
47 (6) The administrator shall follow up on the school district's progress
48 in addressing any identified imminent safety hazard to ensure that appropriate
49 corrective action was taken. The administrator may extend the time for com-
50 pleting corrective action if he deems necessary.
51 (7) Upon completion of corrective action and verification of such comple-
52 tion by the division of building safety and the department of administration,
53 the administrator shall provide a report to the state superintendent of public
54 instruction, the local superintendent of schools and the chair of the local
55 school board.
3
1 (8) Annual inspections of public school facilities conducted by the
2 administrator under the provisions of this section shall be funded pursuant to
3 legislative appropriation.
4 SECTION 3. That Section 72-720, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 72-720. POWERS OF COMMISSION -- SAFETY. (1) The commission is empowered
7 Except as provided in subsection (2) of this section, whenever it receives a
8 written request for an inspection or has written documented information that
9 any employer subject to the provisions of this act commission's jurisdiction
10 in worker safety matters is employing workmen workers in or about any struc-
11 ture, room or place of employment which is not constructed and maintained in
12 conformity with reasonable standards of construction as shall render it safe,
13 or is employing workmen workers on, or with, tools, equipment or machinery
14 which are not equipped with safety devices, safeguards or other means of pro-
15 tection well adapted to render employees and places of employment safe, the
16 commission is authorized to inspect such places of employment, to compel such
17 employer to cease employing workmen workers in such places, or on, or with,
18 such tools, appliances or machinery, if they are deemed unsafe, and, pursuant
19 to the provisions of chapter 52, title 67, Idaho Code, to adopt reasonable
20 minimum safety standards, and to make inspection in and about any place where
21 workmen are employed.
22 (2) The provisions of this section requiring a written request or written
23 documentation prior to an inspection shall not apply to:
24 (a) Inspections conducted pursuant to rules promulgated by the commission
25 relating to the logging safety program or elevators, boilers and pressure
26 vessels; or
27 (b) Inspections of buildings owned or maintained by a political subdivi-
28 sion of the state if such political subdivision has not, pursuant to chap-
29 ter 41, title 39, Idaho Code, adopted applicable building codes and insti-
30 tuted and implemented a code enforcement program; provided however, that
31 inspections by the commission of such buildings shall be conducted on an
32 annual basis only. For purposes of this subsection, "political subdivi-
33 sion" means any governmental unit or special district of the state of
34 Idaho.
REPRINT REPRINT REPRINT REPRINT
STATEMENT OF PURPOSE
RS 12003A1
This amendment will assure funding for school facilities
inspections and clarify inspections of municipal buildings.
FISCAL IMPACT
No fiscal impact.
Contact
Name: Rep. Gagner
Phone:
STATEMENT OF PURPOSE/FISCAL NOTE Bill No. H 590