2001-01-16                     House Journal                      Page 0090
HB 59                                                                                             
HOUSE BILL NO. 59 by the House Rules Committee by request of                                        
the Governor, entitled:                                                                             
                                                                                                    
     "An Act related to minimum civil penalties for the death of                                    
     employees due to violations of certain occupational health and                                 
     safety requirements; and providing for an effective date."                                     
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Judiciary Committees.                                                                               
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    

2001-01-16                     House Journal                      Page 0091
1.  Zero, Dept. of Administration                                                                   
2.  Zero, Dept. of Labor & Workforce Development                                                    
                                                                                                    
The Governor's transmittal letter dated January 12, 2001, appears                                   
below:                                                                                              
                                                                                                    
"Dear Speaker Porter:                                                                               
                                                                                                    
In many worker fatality situations, death is the result of serious                                  
violations of health and safety laws.  Yet due to mandatory penalty                                 
reductions for employer size or prior record, fines for these violations                            
may be as little as $1,500.  In these tragedies, the penalty clearly does                           
not fit the offense.                                                                                
                                                                                                    
This bill I transmit today establishes a minimum civil penalty of                                   
$25,000 for a serious violation that contributed to the death of an                                 
employee, and a $50,000 fine when an employer's willful or repeat                                   
violation contributes to or causes death.  These penalties could not be                             
reduced without express written approval of the commissioner of the                                 
Department of Labor and Workforce Development and the attorney                                      
general.                                                                                            
                                                                                                    
This bill is modeled after Minnesota's law for penalties for violation of                           
occupational safety and health standards and makes a clear statement                                
that worker fatalities due to violations of workplace safety laws are                               
intolerable.  I urge your prompt and favorable action on this measure.                              
                                                                                                    
                                Sincerely,                                                         
                                /s/                                                                 
                                Tony Knowles                                                        
                                Governor"