HB 4743

Abstract

Amends the Unified Code of Corrections. Provides that the Department of Corrections shall establish an Office of Workplace Safety. Provides that the Office shall assess the Department's compliance with the Occupational Safety and Health Act and any other applicable health and safety rules, and make recommendations for improvements to processes and procedures to improve safety in the workplace. Provides that the Office shall also prepare an annual report on the Department's state of compliance with all applicable health and safety laws and rules, plans for the future to increase compliance and further promote safety in the workplace, and any serious accident which occurred resulting in serious injury or death including lessons learned from those accidents and remedial measures undertaken as a result. Provides that this report shall be sent to the Director of Corrections, the Governor, and the General Assembly. Provides that the Director of Corrections shall appoint the Chief Workplace Safety Officer to administer the Office, who shall have a professional background and training in industrial and workplace safety or industrial hygiene. Provides that the Chief Workplace Safety Officer may employ subordinate employees at the Chief Workplace Safety Officer's discretion to assist the Chief Workplace Safety Officer in carrying out the Chief Workplace Safety Officer's duties. Provides that the Chief Workplace Safety Officer or any designated employee of the Office may conduct a workplace safety inspection of any property, equipment, or workplace under the control or supervision of the Department at any time, and shall conduct random unannounced inspections as often as deemed necessary. Provides that any person who fails to cooperate with an investigation inspection or who gives false testimony or documentary evidence shall be subject to discipline, or in the case of a person committed to the Department of Corrections a loss of privileges. Provides that violent actions by committed persons and the use of force by correctional officers and staff shall not be within the purview of the Office of Workplace Safety. Provides that the provisions of the amendatory Act are subject to appropriations. House Floor Amendment No. 2 Replaces everything after the enacting clause. Provides that the Act may be referred to as the Christopher James Act. Amends the Unified Code of Corrections. Provides that the Department of Corrections shall establish a Safety Committee comprised of bargaining unit and non-bargaining unit Department employees. Provides that at least 40% of committee members shall be bargaining unit employees. Provides that the Committee shall assess the Department's compliance with the Occupational Safety and Health Act and any other applicable workplace health and safety laws and shall make recommendations for improvements to processes and procedures to improve workplace safety. Provides that the Committee shall prepare an annual report on the Department's workplace safety efforts and plans for the future to further promote safety in the workplace. Provides that the Committee shall prepare an annual report on the Department's workplace safety efforts and plans for the future to further promote safety in the workplace. Provides that the Director of Corrections shall appoint the non-bargaining unit members of the Safety Committee. Provides that the exclusive collective bargaining representative of the majority of Department of Corrections employees shall appoint the bargaining unit members of the Safety Committee. Provides that the Director of Corrections shall appoint the chairperson of the Committee. Provides that the appointed chairperson of the Committee shall have a professional background and training in an environmental health and safety field. Provides that the chairperson of the Safety Committee, or the chairperson's designee, may conduct a workplace safety inspection of any property, equipment, or workplace under the control or supervision of the Department at any time and shall conduct random unannounced inspections as often as deemed necessary. Provides that the chairperson of the Safety Committee, or the chairperson's designee, may also investigate training practices for the use of equipment and may direct that alternative trainings be used. Provides that the Committee chairperson, or the chairperson's designee, may take any piece of equipment lacking industry standard safeguards out of service. Provides that the jurisdiction of the Safety Committee is strictly limited to Occupational Safety and Health Act and any other applicable workplace health and safety laws. Provides that these provisions are subject to appropriations. House Floor Amendment No. 3 Replaces everything after the enacting clause. Reinserts the contents of the bill as amended by House Amendment No. 2 with the following changes. Provides that the Director of Corrections shall appoint 60% of the Safety Committee, including the non-bargaining unit members and up to 2 members of the International Union of Operating Engineers (instead of providing that the Director of Corrections shall appoint the non-bargaining unit members of the Safety Committee). Provides that that the exclusive collective bargaining representative of the majority of the Department of Corrections employees shall appoint the remaining 40% of the Safety Committee (instead of providing that the exclusive collective bargaining representative of the majority of Department of Corrections employees shall appoint the bargaining unit members of the Safety Committee).