PA 09-106—sHB 6186

Labor and Public Employees Committee


SUMMARY: By law, a state or local public employee who notifies the labor commissioner of a potential occupational safety and health violation or situation with an imminent threat of danger of physical harm may ask to have his or her name removed from any record published, released, or made available regarding the potential violation or danger. This act gives the same right to an employee whose name is not part of the original complaint notice, but who at any time provides information to the commissioner regarding the potential violation or danger.

Under the state Occupational Safety and Health Act (OSHA), once the commissioner receives such a notice she may enter the workplace for an inspection without advance notice. Also, she may compile, analyze, and publish, in either summary or detail form, all reports of information obtained under this provision.

By law, the commissioner must adopt regulations necessary to carry out her responsibilities under the state OSHA. Under the act, the provision regarding the right of an employee not named in the original complaint to remain anonymous must be included in the regulations. Also, the act specifies the regulations must be in accordance with state OSHA and the Uniform Administrative Procedure Act (UAPA).

EFFECTIVE DATE: October 1, 2009



The UAPA requires agencies to publish notice of intent to adopt a regulation.  These agencies must also give prior notice to each legislative committee of cognizance of the proposed regulation. Agencies must send these committees copies of the regulations and their fiscal notes.  The regulations are deemed valid as long as at least one committee is notified and receives copies of the regulation and fiscal note.  

Two approvals are required before a regulation may become effective. The attorney general must approve it for “legal sufficiency,” meaning it does not conflict with the law and has been prepared in compliance with the UAPA.  Within 180 days of publishing the notice of intent, an agency must submit the regulation to the Legislative Regulation Review Committee.  That bipartisan committee must review all proposed regulations. After the committee approves a regulation, the agency files two certified copies with the Office of the Secretary of the State for publication.