HB 6477 — AN ACT CONCERNING VOLUNTEER FIRE DEPARTMENTS AND AMBULANCE COMPANIES AND THE DEFINITION OF EMPLOYER UNDER THE STATE OCCUPATIONAL SAFETY AND HEALTH ACT.

House of Representatives General Assembly SubstituteFile Bill No.

6477388 January Session, 2021 ANSubstitute ACTHouse CONCERNINGBill VOLUNTEERNo. FIRE DEPARTMENTS AND AMBULANCE COMPANIES AND THE DEFINITION OF EMPLOYER UNDER THE STATE OCCUPATIONAL SAFETY AND HEALTH ACT.

6477 House of Representatives, April 12, 2021 The Committee on Labor and Public Employees reported through REP.

PORTER of the 94th Dist., Chairperson of the Committee on the part of the House, that the substitute bill ought to pass.

AN ACT CONCERNING VOLUNTEER FIRE DEPARTMENTS AND AMBULANCE COMPANIES AND THE DEFINITION OF EMPLOYER UNDER THE STATE OCCUPATIONAL SAFETY AND HEALTH ACT.

[and] (2) working conditions of employees oversHB6477 which/ federalFile agenciesNo. other than the United States Department of Labor exercise statutory authority to prescribe or enforce standards or regulations affecting occupational safety and health;

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388 over which federal agencies other than the United States Department of Labor exercise statutory authority to prescribe or enforce standards or regulations affecting occupational safety and health;

LCO(b) \\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06477-R011Nothing in this chapter shall be construed to supersede or in any manner affect any workers' compensation law or to enlarge, diminish or affect inany manner commonlawor statutoryrights,dutiesor liabilities of 2employers HB.docxor Substituteemployees, Billunder No.any law with respect to injuries, diseases or death of employees arising out of and in the course of employment.

6477 (b) Nothing in this chapter shall be construed to supersede or in any manner affect any workers' compensation law or to enlarge, diminish or affect inany manner commonlawor statutoryrights,dutiesor liabilities of employers or employees, under any law with respect to injuries, diseases or death of employees arising out of and in the course of employment.

3 from passage 31-382(c) StatementsHB6477 of/ LegislativeFile Commissioners:No.

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388 Statement of Legislative Commissioners:

-LCO LCOsHB6477 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06477-/ 2File ofNo. 2 R01-HB.docx }

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388 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

None Municipal Impact:

None Explanation The bill clarifies that volunteer fire departments and volunteer ambulance companies fall within the state's Occupational Safety and Health Act (Conn-OSHA), unless it is demonstrated that they are under federal OSHA jurisdiction.

This does not result in any fiscal impact as the Department ofLabor hashistorically consideredsuchentities within its jurisdiction.

For the past four fiscal years, these entities have paid between $800 and $5,000 annually in OSHA penalties.

The Out Years State Impact:

None Municipal Impact:

None sHB6477 / File No.

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388 OLR Bill Analysis sHB 6477 AN ACT CONCERNING VOLUNTEER FIRE DEPARTMENTS AND AMBULANCE COMPANIES AND THE DEFINITION OF EMPLOYER UNDER THE STATE OCCUPATIONAL SAFETY AND HEALTH ACT.

SUMMARY This bill requires a volunteer fire departmentor volunteer ambulance company to comply with the state’s Occupational Safety and Health Act (Conn-OSHA) as an employer, unless it can demonstrate that it is under federal OSHA jurisdiction.

By law, Conn-OSHA governs workplace safety for the state and its political subdivisions as employers;

thus, certain non-governmental volunteer fire and ambulance companies are not considered under its jurisdiction (see BACKGROUND).

They are, generally, not covered by federal OSHA unless they are privately chartered and have paid employees.

The bill also limits the penalty that may be imposed on volunteer fire departments and ambulance companies for non-serious violations of certain Conn-OSHA laws and regulations.

Current law allows the Occupational Safety and Health Review Commission to impose up to a $1,000civilpenaltyonanemployercitedforanon-seriousviolation.The billinstead requiresit to issuea writtenwarning for thefirst non-serious violation by a volunteer fire department or volunteer ambulance company.

By law, a serious violation is one that (1) could result in a substantial probability of death or serious physical harm and (2) the employer should know about by exercising reasonable diligence.

The law requires the commission to assess up to a $1,000 civil penalty for a serious violation (CGS § 31-382(b) & (l)).

EFFECTIVE DATE:

Upon passage sHB6477 / File No.

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388 BACKGROUND Related Case In Mayfield v.