Sec. 31-40t. Employee's right to act in case of hazardous conditions. Complaints to and investigations by Labor Commissioner. Hearings. Regulations.
Sec. 31-40t. Employee's right to act in case of hazardous conditions. Complaints to and investigations by Labor Commissioner. Hearings. Regulations. (a)
As used in this section:
(1) "Person" means one or more individuals, partnerships, associations, corporations, limited liability companies, business trusts, legal representatives or any organized
group of persons;
(2) "Employer" means a person engaged in business who has employees, including
the state and any political subdivision of the state;
(3) "Employee" means any person engaged in service to an employer in a business
of his employer;
(4) "Hazardous condition" means a condition which (A) causes or creates a substantial risk of death, disease or serious physical harm, whether imminent or as a result of
long-term exposure, and which is beyond the ordinary expected risks inherent in a job
after all feasible safety and health precautions have been taken, and (B) results from the
employer's violation of applicable safety and health standards established under any
federal, state and local laws and regulations, any collective bargaining agreements and
any industry codes.
(b) No employer shall discharge, discipline or otherwise penalize any employee
because the employee (1) informs another employee that such other employee is working
in or exposed to a hazardous condition or (2) refuses in good faith to expose himself to
a hazardous condition in the workplace, provided (A) the condition causing the employee's apprehension of death, disease or serious physical harm is of such a nature that a
reasonable person, having the knowledge, education, training and experience necessary
for the performance of the employee's job, under the circumstances confronting the
employee, would conclude that there is a hazardous condition, (B) there is insufficient
time, due to the urgency of the situation, to eliminate or abate the hazardous condition
through resort to regular statutory enforcement procedures, (C) the employee notifies
the employer of the hazardous condition and asks the employer to correct or abate the
hazardous condition and (D) the employer is unable or refuses to correct or abate such
condition. No employee shall be discharged, disciplined or otherwise penalized while
a hazardous condition continues to exist or is in the process of being corrected or abated.
(c) Any employee who believes that there is a violation by his employer of any
provision of this section may file a written complaint with the Labor Commissioner
within one hundred eighty days of the alleged violation. The complaint shall be signed
and shall set forth with reasonable particularity the grounds for the complaint. Within
thirty days after receipt of such complaint, the Labor Commissioner shall notify the
employer in writing of the complaint. The commissioner, or his authorized representative, upon presenting appropriate credentials to the employer, operator or agent in
charge, may inspect, at reasonable times, the employer's workplace and all conditions
pertinent to the grounds of the complaint and shall, in a reasonable manner, make any
additional investigation deemed necessary by the commissioner or his representative
for full and effective determination of any complaint he receives.
(d) If, upon inspection or investigation of a complaint, the Labor Commissioner or
his authorized representative believes that an employer has violated any provisions of
this section, he shall hold a hearing and shall, at least thirty days prior to the date of
such hearing, mail a notice of such hearing to the employer and the employee. The
commissioner shall resolve all issues relating to any dispute arising under the provisions
of this section.
(e) The Labor Commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section.
(f) Nothing in this section shall be construed to diminish or impair the rights of any
person under any collective bargaining agreement.
(P.A. 91-33; P.A. 92-27; P.A. 95-79, S. 110, 189.)
History: P.A. 92-27 amended Subsec. (a)(2) to include the state and any political subdivision of the state in the definition
of "employer"; P.A. 95-79 amended Subsec. (a) to redefine "person" to include limited liability companies, effective May
31, 1995.
Cited. 243 C. 66.