Providing for limitations on workplace inspections under the federal and state occupational safety and health laws and providing remedies and penalties

The inclusion of this explanation does not constitute agreement with the explanation’s substance by the members of the general assembly. This bill relates to workplace inspections under the federal and state occupational safety and health laws. The bill provides that no government official authorized under the federal occupational safety and health administration to conduct workplace inspections shall be permitted to select an individual as a representative authorized by an employee if the individual is not an employee of the employer. This prohibition applies notwithstanding the federal Occupational Safety and Health Act of 1970. However, a government official may select an individual who is not an employee of the employer as a representative if good cause is shown that certain criteria specified in the bill apply. The bill defines a government official as any individual employed by the government, acting as an agent, contractor, or officer of the government, or otherwise acting pursuant to state law, including a private individual acting pursuant to state law. If an individual who is not an employee of the employer is selected as a representative, the credentials of the nonemployee representative shall be documented in writing and provided to the employer prior to the opening conference of the physical inspection. Additionally, the employer shall not be required to pay for the services of a nonemployee representative, and the employer may require a warrant as provided under state or federal law before permitting the entry of a nonemployee representative or continued participation of a nonemployee representative in an inspection. The bill permits an aggrieved employer to seek injunctive relief to prevent or remedy a violation of the bill or the effects of a violation of the bill. If injunctive relief is granted by the district court and the injunction is thereafter violated, the aggrieved employer may then seek compensatory damages, reasonable attorney fees and other litigation costs, and any other appropriate relief. However, only declaratory relief and injunctive relief shall be available against an individual who is not a government official. An action under the bill may be commenced, and relief may be granted, in district court without regard to whether the aggrieved employer has sought or exhausted available administrative remedies. A government official who knowingly violates the bill, as determined by a preponderance of the evidence, is subject to a civil penalty of not more than $10,000 per violation. The attorney general may bring an action in district court to collect the civil penalty. An employer may assert a violation of the bill as a claim against the government, as defined in the bill, in any judicial or administrative proceeding or as defense in any judicial or administrative proceeding without regard to whether the proceeding is brought by or in the name of the government or any other party. Claims under the bill are exempted from the state and municipal tort claims laws.