MISSISSIPPI LEGISLATURE

2006 Regular Session

To: Rules

By: Representative Evans, Franks, Holland, Moss, Straughter

House Resolution 34

A RESOLUTION TO CREATE A HOUSE STUDY COMMITTEE TO STUDY THE SAFETY AND HEALTHFULNESS OF WORKING CONDITIONS IN MISSISSIPPI.

     WHEREAS, it is the policy of this state to assure so far as possible safe and healthful working conditions for every working person in the state; and

     WHEREAS, the Legislature seeks to further the advances already made through employer and employee initiatives providing safe and healthful working conditions; and

     WHEREAS, the Legislature recognizes the separate but dependent responsibilities and rights that employers and employees have with respect to achieving safe and healthful working conditions; and

     WHEREAS, the Legislature recognizes the state's interest and responsibility to promote and preserve Mississippi's human resources by instituting new programs and perfecting existing programs for providing safe and healthful working conditions:

     NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF MISSISSIPPI, That a House study committee is created to study the need and feasibility of establishing within the State Department of Health an office to set mandatory occupational safety and health standards applicable to businesses.

     BE IT FURTHER RESOLVED, That the Speaker of the House shall appoint members of the committee.  After the members are appointed, the membership shall meet on a date mutually agreed upon by a majority of the members for the purposes of organizing the committee and establishing rules for transacting its business and keeping records.  A majority of members of the committee shall constitute a quorum at all committee meetings.  An affirmative vote of a majority of the members present and voting shall be required in the adoption of rules, resolutions, reports and in any other actions taken by the committee.  All members of the committee shall be notified in writing of all regular and special meetings of the committee, which notices shall be mailed at least five days before the date of the meetings.  The committee shall hold a minimum of four regular meetings.

     The committee is directed to receive expert testimony, information and recommendations related to:

     (a)  The field of occupational safety and health, including psychological factors, and currently accepted methods, techniques and approaches for dealing with occupational safety and health problems;

     (b)  Current practices for the identification of casual connections between diseases and work in environmental conditions, as distinguished from occupational safety;

     (c)  The adoption of medical criteria which can assure, insofar as practicable, that no employee will suffer diminished health, functional capacity or life expectancy as a result of work experience;

     (d)  The establishment of training programs to increase the number and competence of Department of Health personnel engaged in the field of occupational safety and health; and

     (e)  The administration and enforcement of the Federal Occupational Safety and Health Act, known as OSHA, by the State Department of Health. 

     The committee shall make a written report, with findings and recommendations including, but not limited to, its discovery of appropriate procedures with respect to current and accepted occupational safety and health practices, an accurate description of the nature of current occupational safety and health programs in Mississippi, an accurate description of the nature of existing occupational safety and health programs in Mississippi, an accurate description of the nature of existing occupational safety and health problems in Mississippi and a detailed analysis of testimony, statements and opinion of the advantages and disadvantages of implementing, administering and enforcing the Occupational Safety and Health Act of 1970 to the Mississippi House of Representatives by January 1 of each year.  The report shall include an estimate of the projected cost of implementing, administering and enforcing its recommendations as well as the projected cost of implementing, administering and enforcing the "Occupational Safety and Health Act of 1970."

     For attending the meetings of the committee, each member shall be paid, from the Contingent Expense Fund, per diem compensation in the amount authorized by Section 25-3-69, Mississippi Code of 1972, and a mileage allowance and an expense allowance in the amount authorized by Section 51-1-47, Mississippi Code of 1972.  However, no per diem compensation, mileage allowance or expense allowance shall be paid for attending meetings of the committee while the Legislature is in session, and no per diem compensation, mileage allowance or expense allowance shall be paid without prior approval of the proper committee.

     All expenses incurred by or on behalf of the committee shall be paid from funds made available by the House Management Committee from the Contingent Expense Fund, from any funds appropriated for the purpose of this resolution and from any grants or contributions made to the committee for its purpose.

     In carrying out the provisions of this resolution, the committee may utilize the services, facilities and personnel of all departments, agencies, offices and institutions of the state.