§ 28-20-4 - Chief of division – Administrator of occupational safety and health – Compliance inspectors.

SECTION 28-20-4

   § 28-20-4  Chief of division –Administrator of occupational safety and health – Compliance inspectors.– (a) The director shall appoint the chief of the division of occupationalsafety. The appointee shall also serve for the purposes of coordinating andadministering the provisions of this chapter and chapter 19 of this title andof chapter 1.1 of title 23 as the state occupational safety and healthadministrator. The appointee shall be in the classified service of the stateand shall be responsible to and report to the director. Functioning as chief,the appointee shall serve as administrative head of all occupational safetyprograms in the state. Safety and health programs may include in-servicetraining and other educational programs relating to occupational safety andhealth. Functioning as state occupational safety and health administrator, theappointee shall administer the code adoption process and perform other dutiesnecessary to coordinate occupational safety and health activities in the stateand the inspection provisions under chapter 19 of this title. He or she shallorganize and present to the director by November 15 of each year a program ofoccupational safety and health inspections for the following fiscal year. Theoccupational safety and health administrator shall consult with the director ofhealth on matters within his or her jurisdiction during the preparation of theprogram of inspections prior to submission to the director. The director oflabor and training shall submit to the director of health by December 1 of eachyear the program of occupational safety and health inspections for thefollowing year. The occupational safety and health administrator shall proposeall penalties. The basis for each penalty determination shall be a report ofnoncompliance prepared by a safety or health compliance inspector. Each reportof noncompliance shall be in writing and shall describe with particularity thenature of the violation including a reference to the provision of the code,rule, regulation, or order alleged to have been violated, and a copy shall besubmitted to the occupational safety and health administrator.

   (b) The division may apply for and accept grants, or enterinto contracts with any governmental agency, federal, state, or local or anyagency branches, or with any foundation, corporation, association, orindividual, and may comply with its terms, conditions, and limitations, for anyof the purposes of this chapter. Any money so received may be expended by thedivision, subject to the limitations imposed in the grants or contracts, toeffect any of the purposes of the division upon properly authenticated vouchers.

   (c) The director shall appoint safety compliance inspectorswho shall be in the classified service of the state. Safety complianceinspectors shall perform all duties necessary to determine compliance with thesafety provisions of this chapter and shall be referred to as complianceinspectors. The director shall appoint any other employees that are necessaryto carry out the provisions of this chapter.

   (d) Nothing in this section shall be construed as terminatingthe services of any person now employed within the division of occupationalsafety who is presently qualified and within the classified service of thestate. All such persons shall continue in the service of the division ofoccupational safety and their titles shall be changed to comply with theprovisions of this chapter.