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Session Laws, 1994
Volume 773, Page 3113   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                           Ch. 697

(G) AN EMPLOYER THAT IS ADHERING TO THE TERMS OF A PLAN FOR A
SPECIFIED WORKPLACE CONDITION MAY NOT BE CITED OR PENALIZED FOR A
VIOLATION OF THE PROVISIONS OF THIS TITLE WITH RESPECT TO THAT CONDITION.

(H) (1) IF AN EMPLOYER MEETS THE REQUIREMENTS OF THE PLAN, THE
COMMISSIONER SHALL EXEMPT THE EMPLOYER FROM A GENERAL SCHEDULE
INSPECTION AT THE PLACE OF EMPLOYMENT COVERED BY THE PLAN FOR A PERIOD
OF UP TO 2 YEARS.

(2) TO RETAIN THE EXEMPTION FROM A GENERAL SCHEDULE
INSPECTION, THE EMPLOYER SHALL REQUEST AN ADDITIONAL CONSULTATION AS
PROVIDED UNDER SUBSECTION (C) OF THIS SECTION IN THE EVENT OF MAJOR
CHANGES IN THE WORKING CONDITIONS OR WORK PROCESSES THAT MAY
INTRODUCE NEW HAZARDS.

THE COMMISSIONER SHALL ADOPT REGULATIONS THAT PROVIDE:

(1) FOR A CONSULTATION PROGRAM THAT CONFORMS TO FEDERAL LAW
AND REGULATIONS (29 C.F.R. 1908);

(2) THAT, UNLESS THE EMPLOYER FAILS TO CORRECT OR ABATE A HAZARD
IDENTIFIED DURING A CONSULTATION INSPECTION WITHIN THE TIME ALLOWED IN THE
CONSULTATION REPORT THE EMPLOYER WILL NOT RECEIVE A CITATION OR PENALTY
FOR A HAZARD IDENTIFIED DURING THE CONSULTATION INSPECTION; AND

(3) TO THE EXTENT ALLOWED BY FEDERAL LAW AND REGULATIONS, FOR
AN EXEMPTION NOT TO EXCEED 2 YEARS FROM GENERAL SCHEDULE INSPECTION FOR
AN EMPLOYER WHO, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS, USES
THE CONSULTATION PROGRAM PROVIDED BY THE DIVISION OF LABOR AND INDUSTRY.

SECTION 2. AND BE IT FURTHER ENACTED, That the Commissioner of Labor
and Industry shall adopt regulations consistent with the provisions of this Act by April 1, 1995.

SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1994.

Approved May 26, 1994.

CHAPTER 697
(House Bill 1643)

AN ACT concerning

Construction Training Pilot Program

FOR the purpose of establishing the Construction Training Pilot Program under the
Department of Juvenile Services; specifying the purpose of the Program;
designating certain funds for the Program; specifying the purposes of those funds;
designating certain construction materials for the Program; authorizing the
Department of Juvenile Services to contract with a certain company for a certain

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Session Laws, 1994
Volume 773, Page 3113   View pdf image
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