LD 1238
pg. 6
Page 5 of 6 An Act To Ensure Compliance with Safety Regulations LD 1238 Title Page
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LR 195
Item 1

 
8.__Failure to inspect.__If the Bureau of Labor Standards fails to
complete an initial inspection of the facility within 60 days after
receiving notice from the facility operator under subsection 1, the
inspection is deemed to have been successfully completed and the
facility operator may initiate or resume operation of the facility.

 
§1696-M.__Enforcement

 
1.__Fine.__Any operator of a facility who violates this
subchapter is subject to a fine of at least $10,000 and not more
than $25,000, payable to the State.__Each day the violation
continues constitutes a separate offense.

 
2.__Injunctive relief.__The Attorney General, the Bureau of
Labor Standards, the municipality or county in which a facility
is located or the employees of the facility or their recognized
bargaining agent may seek injunctive relief from the Superior
Court to enforce this subchapter.

 
SUMMARY

 
This bill is intended to protect public safety by requiring
inspections of certain industrial and commercial facilities that
use potentially hazardous substances, equipment and machinery to
ensure that operations will be undertaken properly.

 
This bill prevents the initiation or resumption of operation
of any facility that employs more than 250 persons, uses
hazardous substances or hazardous equipment or machinery in its
operations and is being operated by an inexperienced workforce.
The operator of such a facility must notify the Department of
Labor, Bureau of Labor Standards of the impending initiation or
resumption of operation. The Bureau of Labor Standards will
schedule and conduct an inspection of the facility and consult
with the employees of the facility to ensure that the facility
may safely initiate or resume operation. Opportunity is provided
for public comment and input from local government and the
facility's employees to ensure adequate information is obtained
about potential hazards caused by the facility's operation. The
bureau will cooperate with the State Emergency Response
Commission and local emergency planning committees to ensure that
local emergency response plans are understood and followed in the
event of an emergency at the facility. The facility may not
begin or resume operation until it has been inspected by the
Bureau of Labor Standards and found to be safe for operation.


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