CHAPTER 84

FORMERLY

HOUSE BILL NO. 219

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE CREATING AN OCCUPATIONAL HEALTH PROGRAM.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

WHEREAS, the health and safety of employees is essential to the health, welfare and prosperity of the State of Delaware; and

WHEREAS, there is no comprehensive assessment of work related exposures to hazardous substances; and

WHEREAS, the Delaware Advisory Council on Cancer Incidence and Mortality recommended such an assessment as well as educational programs;

NOW THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Title 29 of the Delaware Code by adding a new subchapter VII to read as follows:

"Subchapter VII. Occupational Health Program.

§7980. Establishment of a program.

(a) The Division of Public Health under the direction and control of the Secretary of the Department of Health and Social Services in collaboration with the Department of Natural Resources and Environmental Control shall, by rules and regulations, establish an Occupational Health Program (“the Program”). The Program will include a statewide statistical assessment of the degree to which Delawareans are exposed to hazardous substances in the workplace and the nature of that exposure.

(b) The Program shall offer voluntary and confidential educational and consultation services for employers and employees in the public sector based on the Program's assessment. In collaboration with the Department of Labor Office of Occupational Safety and Health Consultation, which conducts private sector consultations only, the Program will work to improve the workplace environment in Delaware.

(c) Any statewide statistical assessment of hazardous substances in the workplace shall not include specific findings from the Department of Labor's Office of Occupational Safety and Health Consultation in the private sector.

§7981. Assessment of occupational exposure to hazardous substances.

(a) For the purpose of this subchapter, a hazardous substance shall be considered any substance in the workplace which is capable of causing harm, which an employee may be exposed to, including, but not limited to, fumes, dust, mold and carcinogens.

(b) The Division of Public Health, in collaboration with the Department of Natural Resources and Environmental Control, shall develop criteria and methodology for the statewide statistical assessment of exposure to hazardous substances in the workplace.

(c) The Program shall, upon request, assess occupational exposure to hazardous substances in the workplace and compile data and information to be used for consultation and educational purposes.

§7982. Education and outreach.

The Department of Labor's Office of Occupational Safety and Health Consultation currently provides educational programs for private sector employers concerning exposure to hazardous substances in the workplace, including the dissemination of information concerning the prevention, containment and removal of such hazards. The Department of Labor's Office of Occupational Safety and Health Consultation, in collaboration with the Department of Public Health, shall expand its current educational programs concerning exposure to hazardous substances in the workplace, including the dissemination of information concerning the prevention, containment and removal of such hazards, to include public sector employers.

Section 2. The Division of Public Health shall issue a status report to the General Assembly and to the Governor on the development and implementation of the Program no later than one year after the Program's establishment.

Approved June 30, 2005