MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Insurance

By: Senator(s) Kirby

AN ACT TO CREATE THE SAFETY PROFESSIONAL TITLE PROTECTION ACT FOR THE PURPOSE OF RECOGNIZING THE SAFETY PROFESSION; TO ESTABLISH MINIMUM QUALIFICATIONS FOR A SAFETY PROFESSIONAL; TO REQUIRE THAT NO PERSON MAY REPRESENT HIMSELF TO THE PUBLIC AS A SAFETY PROFESSIONAL UNLESS HE HAS MET THE MINIMUM QUALIFICATIONS REQUIRED BY THIS ACT; TO PROVIDE EXEMPTIONS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. This act shall be known and may be cited as the "Safety Professional Title Protection Act."

SECTION 2. The purpose of this act is to recognize the safety profession and to require that individuals representing themselves to the public as safety professionals have met the minimum qualifications required by this act.

SECTION 3. As used in this act, the following terms shall have the meaning ascribed to them herein unless the context requires otherwise:

(a) "Accredited college or university" is any college or university offering degrees that are accredited by an organization recognized by the Council on Higher Education Accreditation (CHEA) as an accrediting organization. A college or university that is located outside of the United States shall be considered on the basis of its accreditation status in the education system that has jurisdiction.

(b) "Accredited program" is a program that is accredited by the Accrediting Board of Engineering and Technology (ABET).

(c) "Associate safety professional (ASP)" is a person who has been recognized by the Board of Certified Safety Professionals and whose recognition has not lapsed.

(d) "Board of Certified Safety Professionals (BCSP)" is a nonprofit corporation established to improve the practice and educational standards of the profession of safety by certifying individuals who meet its education, experience, examination and maintenance requirements.

(e) "Certified safety professional (CSP)" is a person who has been certified by the Board of Certified Safety Professionals and whose certification has not lapsed.

(f) "Education" means a baccalaureate degree from an accredited college or university in safety, engineering, chemistry, physics, or closely related physical or biological science, or a baccalaureate degree from an accredited college or university that contains at least sixty (60) semester hours in science, mathematics, engineering or technology, or any combination thereof, with at least fifteen (15) hours at the upper level in one or more such areas. An unacceptable bachelor's degree may be remedied by additional course work from an accredited college or university or by completion of a related graduate degree.

(g) "Full-time professional safety experience" is experience in which safety accounts for at least fifty percent (50%) of the position's activities. Safety shall include experience in conducting evaluations, providing recommendations, problem resolution, training programs, consultations, analysis of accident causes, system analysis, ergonomics and other similar safety/health services. Safety experience includes the ability to: (i) anticipate, identify and evaluate hazardous conditions and practices; (ii) develop hazard control designs, methods, procedures and programs; (iii) implement, administer and advise others on hazard controls and hazard control programs; and (iv) measure, audit and evaluate the effectiveness of hazard controls and hazard control programs.

(h) "Occupational health and safety technologist (OHST)" is a person who by virtue of education, experience and examination is jointly certified as such by the Board of Certified Safety Professionals (BCSP) and the American Board of Industrial Hygiene (ABIH).

(i) "Construction health and safety technologist (CHST)" is a person who by virtue of education, experience and examination is jointly certified as such by the Board of Certified Safety Professionals (BCSP) and the American Board of Industrial Hygiene (ABIH).

(j) "Certified hazardous material manager (CHMM)" is a person who by virtue of education, experience and examination is certified by the Institute of Hazardous Materials Management (IHMM) and whose certification has not lapsed.

(k) "Institute of Hazardous Materials Management (IHMM)" is a nonprofit corporation established to certify individuals in the management of hazardous materials who meet its education, experience and examination requirements.

(l) "Safety profession" is that science and discipline concerned with the preservation of human and material resources through the systematic application of principles drawn from such disciplines as engineering, education, chemistry, the physical and biological sciences, ergonomics, psychology and physiology, for the purposes of anticipating, identifying and evaluating potentially hazardous systems, conditions and practices and developing, implementing, administering and advising others on hazard control design, methods, procedures and programs.

(m) "Safety professional" means an associate safety professional, a certified safety professional, an occupational health and safety technologist, a certified hazardous materials manager or a construction safety and health technologist.

SECTION 4. No person may represent himself to the public as a safety professional unless he meets one or more of the following criteria:

(a) Possesses certification from a nationally recognized professional safety organization accredited by the National Commission on Certifying Agencies or the Council of Engineering and Scientific Specialty Boards; or

(b) Is a professional engineer (PE), registered in the safety discipline from a state which offers specific examinations in safety engineering through the state body controlling/issuing engineering licensing and meets the continuing professional development requirements of a nationally recognized professional safety organization accredited by the National Commission on Certifying Agencies or the Council of Engineering and Scientific Specialty Boards; or

(c) Has ten (10) years of documented professional safety experience in the safety profession as defined in Section 3(g) of this act and meets the continuing professional development requirements of a nationally recognized professional safety organization accredited by the National Commission on Certifying Agencies or the Council of Engineering and Scientific Specialty Boards; or

(d) Holds a bachelor's degree, master's degree or doctoral degree in safety from an accredited program within an accredited college or university and meets continuing professional development requirements of a nationally recognized professional safety organization accredited by the National Commission on Certifying Agencies or the Council of Engineering and Scientific Specialty Board; or

(e) Holds a bachelor's degree, master's degree or doctoral degree in safety within an accredited college or university, has eighteen (18) months of professional safety experience and meets the continuing professional development requirements of a nationally recognized professional safety organization accredited by the National Commission on Certifying Agencies or the Council of Engineering and Scientific Specialty Boards; or

(f) Holds a bachelor's degree, master's degree or doctoral degree in science or engineering within an accredited college or university and meets the professional experience and continuing professional development requirements of a nationally recognized professional safety organization accredited by the National Commission on Certifying Agencies or the Council of Engineering and Scientific Specialty Boards; or

(g) Holds any bachelor's degree from an accredited college or university and meets the professional experience and continuing professional development requirements of a nationally recognized professional safety organization accredited by the National Commission on Certifying Agencies or the Council of Engineering and Scientific Specialty Boards.

SECTION 5. No entity of state or local government shall by rule or otherwise prohibit or restrict the practice of safety or injury/illness prevention by a qualified individual who complies with the provisions established by or in accordance with this act, except where authorized by state statute to regulate a specific activity that may include the practice of safety or injury/illness prevention.

SECTION 6. This act shall not apply to:

(a) A person employed as an apprentice under the supervision of a safety professional;

(b) A student of safety engaging in supervised activities related to safety; or

(c) Any individual practicing within the scope of the meaning of safety or injury/illness prevention if the individual does not use the title or the initials of, or otherwise represent himself to the public as, a safety professional.

SECTION 7. This act shall take effect and be in force from and after July 1, 2001.