§ 28-20-24 - Power to adopt codes – Advisory committees – Conformance with national standards.
SECTION 28-20-24
§ 28-20-24 Power to adopt codes –Advisory committees – Conformance with national standards. – (a) In addition to any other powers and duties that may be conferred upon it bylaw, the commission shall have the power and duty to make, amend, and repealcodes for the elimination of safety or health hazards in every employment orplace of employment, including the repair and maintenance of places ofemployment to render them safe. The director of labor and training and thedirector of health shall each have the right to propose to the commission thosecodes or amendments to existing codes that they may deem necessary to carry outthe intent of this chapter. The commission shall continue to develop, adopt,and amend codes as new or previously unrecognized occupational safety andhealth hazards are discovered.
(b) In the performance of its duties the commission shallappoint advisory committees, composed of representatives of employers, labororganizations, and experts.
(c) All codes shall, when adopted, be consistent withaccepted safety and health standards of nationally recognizedstandards-producing organizations, which shall be at least as effective asfederal standards, which, in themselves, shall be adopted. All codes, whenappropriate, shall contain specific provisions for the protection of employeesfrom exposure to hazards by such means as the requirement for use of suitableprotective equipment and for control or technological procedures with respectto the hazards, including monitoring or measuring the exposure. No code mayapply standards for products distributed or used in interstate commerce thatare different from federal standards for those products unless required bycompelling local conditions and do not unduly burden interstate commerce.
(d) Any amendments made to any codes by the commission shallbe such that, when adopted, the amended codes shall be consistent with existingaccepted safety and health standards and at least as effective as federalstandards. All new federal standards and revisions or amendments to federalstandards shall be adopted as state codes within six (6) months after theirpublication in the federal register.
(e) The codes adopted under this chapter shall have the forceand effect of law, and the commission shall conduct hearings and establishrules and regulations pursuant to provisions of chapter 35 of title 42.