SB 1220

This bill enacts the "Workers' Right to Live Act, the purpose of which is to ensure that businesses operating in this state are held accountable for workplace fatalities, provide a clear mechanism for reporting worker deaths, and establish financial penalties and incentive claw back provisions for employers found responsible for preventable deaths. REPORTING OF WORKPLACE FATALITIES This bill req uires a workplace fatality to be reported to the division of occupational safety and health (""division "" ) of the department of labor and workforce development (""department"") within 24 hours of occurrence. As used in this bill, a ""workplace fatality"" means the death of an employee occurring on-site during work hours or as a direct result of workplace conditions. This bill requires the department, in consultation with the division, to establish a reporting system for workplace fatalities, ensuring coordinat ion with the division and local authorities. If an employer fails to report a workplace fatality within the timeframe described above, then the department must assess a civil penalty of not less than $50, 000 per violation. Each instance of failing to re p ort a workplace fatality within such timeframe constitutes a separate violation. INVESTIGATION AND DETERMINATION OF NEGLIGENCE Upon receiving notice of a workplace fatality, this bill requires the division to initiate an investigation within five busine ss days. The division must determine whether the fatality was due to (i) employer negligence, including a failure to comply with occupational safety and health regulations promulgated pursuant to this chapter, inadequate training, or lack of safety proto c ols; (ii) an unavoidable medical emergency unrelated to workplace conditions, including a heart attack; or (iii) a true accident without identifiable employer fault. The division must publicly report the findings of an investigation pursuant to this sect i on within 90 days of completion of the investigation. An employer may appeal a determination of negligence in accordance with the Uniform Administrative Procedures Act within 30 days of receiving the final investigative report. FINANCIAL PENALTIES AND IN CENTIVE CLAW BACKS If the division determines in an investigation that a workplace fatality resulted from employer negligence, then this bill provides that the employer is subject to (i) a fine of not less than $250, 000 for each fatality, payable to the state's worker protection fund as described below, and (ii) additional fines determined by the division based on the severity of the violation and prior violations committed by the same employer. On or after July 1, 2025, this bill requires the departmen t of economic and community development to include a claw back provision in an accountability agreement that the department enters into with an employer in this state. If the division determines that a workplace fatality resulted from employer negligence, then an employer that has an accountability agreement with the department of economic and community development must repay any state-provided incentives or funds received during the preceding three fiscal years. Further, if an employer demonstrates a pa t tern of negligence resulting in multiple fatalities, then the employer must not receive state economic incentives for not less than five years from the date such determination is made. WORKER PROTECTION FUND This bill creates in the state treasury the w orker protection fund, which is separate and distinct from the general fund and all other reserve funds, to be administered by the division. The fund consists of moneys collected from the penalties and fines described in this bill. Moneys in the fund mu s t only be used to effectuate this bill. RULEMAKING This bill requires the department of labor and workforce development to promulgate rules to effectuate this bill, including mechanisms for whistleblower protections for employees reporting unsafe working conditions."