Sec. 31-374. Inspections and investigations. Records. (a) In order to carry out
the purposes of this chapter the commissioner, upon presenting appropriate credentials
to the employer, is authorized (1) to enter without advance notice, except as provided
in subsection (d) of section 31-371, and at reasonable times any factory, plant, establishment, construction site, or other area, work place or environment where work is performed by an employee of an employer, and (2) to inspect and investigate, during regular
working hours and at other reasonable times and within reasonable limits and in a reasonable manner, any such place of employment and all pertinent conditions, structures,
machines, apparatus, devices, equipment and the materials therein and to question, privately, any such employer or employee. Whenever the commissioner, proceeding pursuant to this section, is denied admission to any such place of employment, he shall obtain
a warrant to make an inspection or investigation of such place of employment from any
judge of the Superior Court. Any judge of the Superior Court within the state is authorized to issue a warrant pursuant to this section and shall issue such warrant whenever
he is satisfied that the following conditions are met: That the individual seeking the
warrant is a duly authorized agent of the department; and that such individual has established under oath or affirmation that the place of employment to be investigated in
accordance with this section is to be inspected to determine compliance or noncompliance with a standard, regulation or order, or that there is probable cause to believe that
there is a condition in or about such place of employment constituting a hazard to safety
or health.
(b) In making his inspections and investigations under this chapter, the commissioner may require the attendance and testimony of witnesses and the production of
evidence under oath. Witnesses shall be paid the same fees and mileage that are paid
witnesses in the courts of this state. In case of contumacy or failure or refusal of any
person to obey such an order, the superior court for the judicial district wherein such
person resides, is found or transacts business shall have jurisdiction to issue to such
person an order requiring such person to appear to produce evidence if asked, and when
so ordered, and to give testimony relating to the matter under investigation or in question.
Any failure to obey such order of the court may be punished by said court as a contempt
thereof.
(c) (1) Each employer shall make, keep and preserve and make available to the
commissioner and the United States Secretary of Labor such records regarding his activities relating to this chapter as the commissioner may prescribe by regulation as necessary
or appropriate for the enforcement of this chapter or for developing information regarding the causes and prevention of occupational accidents and illnesses. In order to carry
out the provisions of this subdivision such regulations may include provisions requiring
employers to conduct periodic inspections. The commissioner shall also issue regulations requiring that employers through posting of notices or other appropriate means
keep their employees informed of their protections and obligations under this chapter,
including the provisions of applicable standards.
(2) The commissioner shall prescribe regulations requiring employers to maintain
accurate records of and to make periodic reports on work-related deaths, injuries and
illnesses other than minor injuries requiring only first aid treatment and which do not
involve medical treatment, loss of consciousness, restriction of work or motion, or transfer to another job.
(3) The commissioner shall issue regulations requiring employers to maintain accurate records of employee exposures to potentially toxic materials or harmful physical
agents which are required to be monitored or measured under any occupational safety
and health standard adopted under this chapter. Such regulations shall provide employees or their representatives an opportunity to observe such monitoring or measuring
and to have access to the records thereof. Such regulations shall also make appropriate
provision for each employee or former employee to have access to such records as will
indicate his own exposure to toxic materials or harmful physical agents. Each employer
shall promptly notify any employee who has been or is being exposed to toxic materials
or harmful physical agents in concentrations or at levels which exceed those prescribed
by an applicable occupational safety and health standard promulgated under section 31-371 and shall inform any employee who is being thus exposed of the corrective action
being taken.
(d) Any information obtained by the commissioner under this chapter shall be obtained with a minimum burden upon employers. Unnecessary duplication of efforts in
obtaining information shall be reduced to the maximum extent feasible.
(e) Subject to regulations issued by the commissioner, a representative of the employer and a representative authorized by the employees of the employer shall be given
an opportunity to accompany the commissioner or his authorized representative during
the physical inspection of any work place for the purpose of aiding such inspection.
Where there is no authorized employee representative, the commissioner or his authorized representative shall consult with a reasonable number of employees concerning
matters of health and safety in the work place.
(f) (1) Any employee or representative of employees who believes that there is a
violation of an occupational safety or health standard or that there is an imminent danger
of physical harm may request an inspection by giving notice to the commissioner or his
authorized representative of such violation or danger. Any such notice shall be reduced
to writing and shall set forth with reasonable particularity the grounds for the notice,
and shall be signed by the employees or the representative of employees. A copy of
such notice shall be provided the employer or his agent no later than the time of the
inspection, provided, upon the request of the person giving such notice, his name and
the names of individual employees referred to therein shall not appear in such copy or
on any record published, released or made available pursuant to subsection (g) of this
section. If upon receipt of such notification the commissioner determines there are reasonable grounds to believe that such violation or danger exists, he shall make an inspection in accordance with the provisions of this section as soon as practicable to determine
if such violation or danger exists. Such inspection may be limited to the alleged violation
or danger. If the commissioner determines there are no reasonable grounds to believe
that such violation or danger exists, he shall notify the employer, employee or representative of employees in writing of such determination. Such notification shall not preclude
future enforcement action if conditions change.
(2) Prior to or during any inspection of a work place, any employees or representative of employees employed in such work place may notify the commissioner or any
representative of the commissioner responsible for conducting the inspection in writing
of any violation of this chapter which they have reason to believe exists in such work
place. The commissioner shall by regulation establish procedures for informal review
of any refusal by a representative of the commissioner to issue a citation with respect
to any such alleged violation and shall furnish the employer and the employees or representative of employees requesting such review a written statement of the reasons for
the commissioner's final disposition of the case. Such notification shall not preclude
future enforcement action if conditions change.
(g) (1) The commissioner is authorized to compile, analyze and publish in either
summary or detail form all reports or information obtained under this section.
(2) The commissioner shall prescribe such rules and regulations as he may deem
necessary to carry out his responsibilities under this chapter, including rules and regulations dealing with the inspection of an employer's or owner's establishment.
(h) (1) In accordance with the provisions of section 4-38d, the duty of the Department of Public Health to license and to establish standards for health facilities operated
by a commercial or industrial establishment for the care of its employees shall be transferred to the Division of Occupational Safety and Health of the Labor Department. No
commercial or industrial establishment within the state shall establish, conduct, operate
or maintain a health facility for its employees without a license as required by this
subsection.
(2) Application for such license shall be made to the Labor Department upon forms
provided by it and shall contain such information as said department requires, which
may include affirmative evidence of ability to comply with reasonable standards and
regulations prescribed under the provisions of this subsection. Upon receipt of an application for a license, the Labor Department shall issue such license if, upon inspection
and investigation by the Division of Occupational Safety and Health, it finds that the
applicant and facilities meet the requirements established by regulation. Such license
shall be valid for one year or fraction thereof and shall terminate on March thirty-first,
June thirtieth, September thirtieth or December thirty-first of each year. A license, unless
sooner suspended or revoked, shall be renewable annually, without charge, upon the
filing by the licensee, and approval by the Labor Department, of an annual report upon
such date and containing such information in such form as said department prescribes
and satisfactory evidence of continuing compliance with requirements. Each license
shall be issued only for the premises and persons named in the application and shall not
be transferable or assignable. Licenses shall be posted in a conspicuous place on the
licensed premises.
(3) The Labor Department shall promulgate and enforce regulations for health facilities licensed under the provisions of this subsection in order to provide for reasonable
standards of health, safety and comfort for the employees utilizing such facilities. The
regulations issued by the Labor Department shall conform to the standards established
by this chapter.
(4) The Labor Department, after reasonable notice and a hearing, may suspend,
revoke or refuse to renew a license in any case in which it finds there has been a substantial failure to comply with the requirements established under this subsection. The requirements of reasonable notice and hearing, as provided for in this subsection, and
appeals from the decisions of said department, shall comply with the requirements of
chapter 54.
(P.A. 73-379, S. 8, 21; P.A. 74-137, S. 8-11, 13, 21; P.A. 75-567, S. 28, 80; P.A. 76-436, S. 623, 681; P.A. 77-614, S.
323, 610; P.A. 78-280, S. 1, 127; P.A. 80-46, S. 5, 6; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 74-137 added references to owners in Subsecs. (d) to (g) and added Subsec. (h) transferring powers of
department of health to division of occupational health and safety; P.A. 75-567 substituted "geographical area" for "circuit"
in Subsec. (a); P.A. 76-436 replaced court of common pleas and "court of record" with superior court and deleted reference
to judges of any court of record, effective July 1, 1978; P.A. 77-614 replaced department of health with department of
health services, effective January 1, 1979; P.A. 78-280 deleted reference to counties; P.A. 80-46 substituted "employer"
for "owner, operator or agent in charge" as recipient of credentials in Subsec. (a) and deleted references to owners throughout
section; P.A. 93-381 replaced department of health services with department of public health and addiction services,
effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with
Commissioner and Department of Public Health, effective July 1, 1995 (Revisor's note: A reference in Subsec. (h) to
"Division of Occupational Health and Safety" was replaced editorially by the Revisors with "Division of Occupational
Safety and Health" in conformance with Sec. 31-368).
Sec. 31-375. Citation for violation. (a) If, upon inspection or investigation, the
commissioner or his authorized representative believes that an employer has violated
any provision of sections 31-369 and 31-370, any standard promulgated pursuant to
section 31-372 or any regulations adopted pursuant to this chapter, he shall, with reasonable promptness, issue a citation to the employer. Each citation shall be in writing and
shall describe with particularity the nature of the violation, including a reference to the
provision of this chapter or the standard, regulation or order alleged to have been violated. The citation shall fix a reasonable time for the abatement of the violation.
(b) Each citation issued under this section or a copy or copies thereof shall be prominently posted as prescribed in regulations issued by the commissioner at or near each
place a violation referred to in the citation occurred.
(c) No citation may be issued under this section after the expiration of six months
following the occurrence of any violation.
(P.A. 73-379, S. 9, 21; P.A. 74-137, S. 14, 21; P.A. 80-46, S. 7.)
History: P.A. 74-137 made provisions applicable to owners; P.A. 80-46 excluded owners from applicability.
Cited. 196 C. 91, 105.
Sec. 31-376. Occupational Safety and Health Review Commission. (a) There
shall continue to be a Connecticut Occupational Safety and Health Review Commission
which shall be within the Labor Department for administrative purposes only. Said
commission shall consist of five members appointed by the Governor from among persons who by reason of training, education or experience are qualified to carry out the
functions of the commission under this chapter.
(b) Members of the review commission shall serve terms of four years and until
their successors are appointed.
(c) A member of the review commission shall hear and rule on appeals from citations, notifications and penalties issued under the provisions of this chapter. The commissioner shall adopt and promulgate rules and regulations with respect to the procedural
aspect of the review commission hearings.
(d) Any commission member hearing an appeal or appeals under the provisions of
this chapter shall be paid one hundred twenty-five dollars per diem. The members shall
alternate the hearing of such appeals according to a schedule adopted by the commissioner. If a member is unable to hear an appeal, the next available member, in accordance
with such schedule, shall hear the appeal. A member shall be selected to hear an appeal
within thirty days after the date it was filed.
(e) Any staff necessary for the purposes of such hearings shall be provided by the
Labor Department.
(f) In the conduct of hearings the review commission or hearing officer may subpoena and examine witnesses, require the production of evidence, administer oaths and
take testimony and depositions.
(g) After hearing an appeal the review commission member may sustain, modify or
dismiss a citation or penalty, provided such decision shall be issued within one hundred
twenty days after the date the appeal was filed.
(P.A. 73-379, S. 13, 21; P.A. 74-137, S. 16, 21; 74-176, S. 1, 2; P.A. 75-285, S. 3; P.A. 77-614, S. 67, 484, 610; P.A.
81-382, S. 6, 8; P.A. 83-569, S. 7, 17.)
History: P.A. 74-137 replaced provisions whereby commission fixed salaries of secretary of commission (with governor's approval) and of all other employees with provision whereby state personnel policy board is responsible for fixing
all salaries; P.A. 74-176 specified that commission is an autonomous body and within the labor department for fiscal and
budgetary purposes only; P.A. 75-285 added provision in Subsec. (j) re review procedure; P.A. 77-614 replaced personnel
policy board with commissioner of administrative services and, effective January 1, 1979, deleted reference to commission
as autonomous body and substituted "administrative" for "fiscal and budgetary" purposes; P.A. 81-382 reduced number
of commission members from three to two, deleted provision whereby governor designated chairman, deleted Subsec. (c)
re meetings, special meetings and quorum, relettered former Subsec. (d) as (c) and allowed single member rather than
whole commission to hear and rule on appeals and transferred regulation power from commission to labor commissioner,
deleted former Subsecs. (e) to (j) re commission employees, salaries of members and employees, expense reimbursements
and hearing procedure, inserted new Subsecs. (d) and (e) re payments to members hearing appeals and staff and relettered
former Subsecs. (k) and (l) accordingly; P.A. 83-569 set time limits for hearings and decisions on appeals and enlarged
commission membership from two to five.
See title 2c re termination under "Sunset Law".
See Sec. 4-38f for definition of "administrative purposes only".
Sec. 31-377. Notice to employer of contest period and proposed assessment.
Action by review commission. (a) If, after inspection or investigation, the commissioner issues a citation pursuant to section 31-375, he shall, within a reasonable time
after the termination of such inspection or investigation, notify the employer by certified
mail of the penalty, if any, proposed to be assessed pursuant to section 31-382. Such
notification shall inform the employer that he has fifteen working days from the receipt
of notice within which to notify the commissioner that he wishes to contest the citation
or proposed assessment of penalty. If the employer fails to so notify the commissioner
within said fifteen days, and if no notice is filed by any employee or representative of
employees pursuant to subsection (c) of this section within said fifteen days, the citation
and the assessment, as proposed, shall be deemed a final order of the commission and
not subject to review by any court or agency.
(b) If the commissioner has reason to believe that an employer has failed to correct
a violation for which a citation has been issued within the period permitted for such
correction, the commissioner shall notify the employer by certified mail of such failure
and of the penalty proposed to be assessed pursuant to section 31-382 by reason of such
failure, provided, in the case of a review proceeding initiated by the employer under
this section in good faith and not solely for delay or the avoidance of penalties, the
period permitted for correction of the violation shall not begin to run until the entry of
a final order by the review commission. Such notification by the commissioner shall
inform the employer that he has fifteen working days from the receipt of such notice
within which to notify the commissioner that he wishes to contest the notification or
the proposed assessment of penalty. If, within fifteen days from receipt of notification
under this section, the employer fails to notify the commissioner that he intends to contest
the notification or proposed assessment of penalty, the notification and assessment as
proposed shall be deemed a final order of the commission and not subject to review by
any court or agency.
(c) If an employer notifies the commissioner that he intends to contest a citation
issued under subsection (a) of section 31-375 or a notification issued under subsection
(a) or (b) of this section, or if, within fifteen days after the issuance of a citation issued
under subsection (a) of section 31-375, any employee or representative of employees
files a notice with the commissioner alleging that the period of time fixed in the citation
for abatement of the violation is unreasonable, the commissioner shall immediately
advise the commission of such notification, and the commission shall afford an opportunity for a hearing. The commission shall thereafter issue an order, based on findings of
fact, affirming, modifying, or vacating the commissioner's citation or proposed penalty,
or directing other appropriate relief. Such order shall become final thirty days after its
issuance. Upon a showing by an employer of a good faith effort to comply with the
abatement requirements of a citation, and a showing that abatement has not been completed because of factors beyond his reasonable control, the commissioner, after an
opportunity for a hearing as provided in this subsection, shall issue an order affirming
or modifying the abatement requirements in such citation. The rules of procedure prescribed by the commissioner shall provide affected employees or representatives of
affected employees an opportunity to participate as parties to hearings under this subsection.
(P.A. 73-379, S. 10, 21; P.A. 74-137, S. 15, 21; P.A. 79-631, S. 90, 111; P.A. 80-46, S. 8; P.A. 81-382, S. 7, 8.)
History: P.A. 74-137 made provisions applicable to owners; P.A. 79-631 made technical correction in Subsec. (b); P.A.
80-46 deleted references to owners; P.A. 81-382 amended Subsec. (c) to reflect transfer of power to prescribe rules of
procedure from review commission to labor commissioner.
Sec. 31-378. Appeal from review commission. Any person, including the commissioner, adversely affected or aggrieved by an order of the review commission, after
all administrative remedies provided by this chapter have been exhausted, is entitled to
judicial review in accordance with section 4-183.
(P.A. 73-379, S. 11, 21.)
Sec. 31-379. Discriminatory practices prohibited. Complaint: Filing; hearing;
relief. Appeal to Superior Court. (a) No person shall discharge, discipline, penalize
or in any manner discriminate against any employee (1) because such employee has
filed any complaint or instituted or caused to be instituted any proceeding under or
related to this chapter, (2) because such employee has testified or is about to testify in
any such proceeding, or (3) because of the exercise by such employee on behalf of such
employee or others of any right afforded by this chapter.
(b) Any employee who believes that such employee has been discharged, disciplined, penalized or otherwise discriminated against by any person in violation of subsection (a) of this section may, not later than one hundred eighty days after such violation
occurs, file a complaint with the commissioner alleging such violation. Upon receipt of
such complaint the commissioner shall hold a hearing in accordance with the provisions
of chapter 54.
(c) The commissioner may award an aggrieved employee all appropriate relief,
including rehiring or reinstatement of the employee to the employee's former position,
back pay and reestablishment of any employee benefits to which the employee would
otherwise have been eligible if such violation had not occurred. The commissioner shall
award a prevailing employee such employee's costs, together with reasonable attorneys'
fees to be determined by the commissioner.
(d) Any party aggrieved by the commissioner's decision under subsection (c) of
this section may appeal the decision to the Superior Court in accordance with the provisions of chapter 54.
(P.A. 73-379, S. 12, 21; P.A. 76-436, S. 265, 681; P.A. 78-280, S. 5, 127; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2;
P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6; P.A. 99-146.)
History: P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978; P.A. 78-280 replaced
"Hartford county" with "judicial district of Hartford-New Britain"; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 90-98 changed the effective date of
P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from
September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230
from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 99-146 made technical changes, amended
Subsec. (a) to add Subdiv. indicators and prohibit employers from disciplining or penalizing employees who file complaints
or institute proceedings under the Connecticut Occupational Safety and Health Act, amended Subsec. (b) to extend the
time for filing complaints against employers from thirty to one hundred eighty days following a violation and delete
provisions requiring the commissioner to investigate complaints and institute Superior Court actions as necessary and
instead required the commissioner to hold hearings on complaints in accordance with the Uniform Administrative Procedure
Act, amended Subsec. (c) to delete the commissioner's notice requirements and specify the relief the commissioner is
authorized to grant to aggrieved employees in Subsec. and added a new Subsec. (d) to authorize appeals to the Superior Court.
Cited. 40 CA 577, 586.
Sec. 31-380. Enjoining of conditions or practices at places of employment.
Mandamus against commissioner for failure to act. (a) The Superior Court shall have
jurisdiction upon petition by the commissioner to restrain or enjoin any conditions or
practices in any place of employment which are such that a danger exists which could
reasonably be expected to cause death or serious physical harm immediately or before
the imminence of such danger can be eliminated through the enforcement procedures
otherwise provided by this chapter. Any order issued under this section may require
such steps to be taken as may be necessary to avoid, correct or remove such imminent
danger and prohibit the employment or presence of any individual in locations or under
conditions where such imminent danger exists except individuals whose presence is
necessary to avoid, correct or remove such imminent danger or to maintain the capacity
of a continuous process operation, to resume normal operations without a complete
cessation of operations or, where a cessation of operation is necessary, to permit such
to be accomplished in a safe and orderly manner. No temporary restraining order issued
without notice shall be effective more than five days.
(b) Whenever and as soon as an inspector concludes that conditions or practices
described in subsection (a) of this section exist in any place of employment, he shall
inform the affected employees and employer or owner of such danger and shall further
inform such persons that he is recommending to the commissioner that relief be sought.
(c) If the commissioner arbitrarily or capriciously fails to seek relief under this
section, any employee who may be injured by reason of such failure, or the representative
of such failure, or the representative of such employee, may bring an action against the
commissioner in the superior court for the judicial district in which the imminent danger
is alleged to exist or where the employer or owner has its principal office, for a writ of
mandamus to compel the commissioner to seek such an order and for such further relief
as may be appropriate.
(P.A. 73-379, S. 14, 21; P.A. 74-137, S. 17, 18, 21; P.A. 76-436, S. 266, 681; P.A. 78-280, S. 1, 127.)
History: P.A. 74-137 added reference to place where "owner" has principal office in Subsec. (c); P.A. 76-436 replaced
court of common pleas with superior court, effective July 1, 1978; P.A. 78-280 deleted reference to counties.
Sec. 31-381. Confidentiality of information obtained. All information reported
to or otherwise obtained by the commissioner or his representatives or any member of
the commission in connection with any inspection or proceeding under this chapter
which contains or which might reveal a trade secret shall be considered confidential,
provided such information may be disclosed to other officers or employees concerned
with carrying out this chapter or when relevant in any proceeding under this chapter.
In any such proceedings the commissioner, the review commission or the court shall
issue such orders as may be appropriate to protect the confidentiality of trade secrets.
(P.A. 73-379, S. 15, 21; P.A. 75-285, S. 1; P.A. 82-472, S. 111, 183.)
History: P.A. 75-285 made provisions applicable to information reported to or obtained by "any member of the commission or the advisory committee"; P.A. 82-472 deleted reference to information obtained by advisory committee.
Sec. 31-382. Penalties. (a) Any employer who wilfully or repeatedly violates the
requirements of sections 31-369 and 31-370, any standard or order promulgated pursuant
to section 31-372, or regulations prescribed pursuant to this chapter, may be assessed
a civil penalty of not more than ten thousand dollars for each violation.
(b) Any employer who has received a citation for a serious violation of the requirements of sections 31-369 and 31-370, of any standard or order promulgated pursuant
to section 31-372, or of any regulations prescribed pursuant to this chapter shall be
assessed a civil penalty of up to one thousand dollars for each such violation.
(c) Any employer who has received a citation for a violation of the requirements
of sections 31-369 and 31-370, of any standard or order promulgated pursuant to section
31-372, or of regulations adopted pursuant to this chapter, which violation is specifically
determined not to be of a serious nature, may be assessed a civil penalty of up to one
thousand dollars for each such violation.
(d) Any employer who fails to correct a violation for which a citation has been
issued under section 31-375 within the period permitted for its correction which period
shall not begin to run until the date of the final order of the commission in the case of
any review proceeding under section 31-377 initiated by the employer in good faith and
not solely for delay or avoidance of penalties, may be assessed a civil penalty of not
more than one thousand dollars for each day during which such failure or violation
continues.
(e) Any employer who wilfully violates any standard or order promulgated pursuant
to section 31-372, or of any regulation adopted pursuant to this chapter, which violation
caused death to any employee shall be fined not more than ten thousand dollars or
imprisoned not more than six months or both; provided, if the conviction is for a violation
committed after a first conviction of such person, punishment shall be by fine of not
more than twenty thousand dollars or by imprisonment of not more than one year or
by both.
(f) Any person who gives advance notice of any inspection to be conducted under
this chapter, without authority from the commissioner or his designees, shall be fined
not more than one thousand dollars or imprisoned not more than six months, or both.
(g) Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be
maintained pursuant to this chapter shall be fined not more than ten thousand dollars or
imprisoned not more than six months, or both.
(h) Any employer who violates any of the posting requirements as prescribed under
the provisions of this chapter shall be assessed a civil penalty of up to one thousand
dollars for each violation.
(i) Any employer or individual who refuses entry to any authorized representative
of the commissioner while such representative is attempting to conduct an investigation
or inspection pursuant to the provisions of this chapter, or in any way wilfully obstructs
him from carrying out his investigation or inspection, shall be fined not more than one
thousand dollars, or imprisoned not more than six months, or both.
(j) Any employer or individual who wilfully causes bodily harm to any authorized
representative of the commissioner while such representative is attempting to conduct
an investigation or inspection pursuant to the provisions of this chapter, shall be fined
not more than ten thousand dollars, or imprisoned not more than one year, or both.
(k) The commission shall have authority to assess all civil penalties provided in this
section, giving due consideration to the appropriateness of the penalty with respect to
the size of the business of the employer being charged, the gravity of the violation, the
good faith of the employer, and the history of previous violations.
(l) For the purposes of this section a serious violation shall be deemed to exist in a
place of employment if there is a substantial probability that death or serious physical
harm could result from a condition which exists or from one or more practices, means,
methods, operations or processes which have been adopted or are in use in such place of
employment unless the employer did not, and could not, with the exercise of reasonable
diligence, know of the presence of the violation.
(m) Civil penalties owed under this chapter shall be paid to the commissioner for
deposit into the Treasury of the state and may be recovered in a civil action in the name
of the state of Connecticut brought in the superior court for the judicial district where
the violation is alleged to have occurred or where the employer has its principal office.
(n) Any person who violates the provisions of section 31-381 shall be fined not
more than one thousand dollars or imprisoned not more than one year or both. In the event
that such person is an officer or employee responsible for carrying out the provisions of
this chapter, he shall be removed from office or employment upon conviction under this
subsection.
(P.A. 73-379, S. 16, 21; P.A. 74-137, S. 19, 21; P.A. 75-285, S. 2; P.A. 76-436, S. 267, 681; P.A. 78-280, S. 1, 127;
P.A. 80-46, S. 9.)
History: P.A. 74-137 made provisions applicable to owners and added reference to violation of orders in Subsec. (e);
P.A. 75-285 added Subsec. (n) re violations of provisions of Sec. 31-381; P.A. 76-436 substituted superior court for "a
court of competent jurisdiction" in Subsec. (m), effective July 1, 1978; P.A. 78-280 deleted reference to counties in Subsec.
(m); P.A. 80-46 made provisions inapplicable to owners.
Sec. 31-383. Research and demonstration projects. The commissioner shall
conduct research and undertake demonstration projects relating to occupational safety
and health issues and problems either within the Labor Department or by grants or
contracts. The commissioner may prescribe regulations requiring employers to measure,
record and make reports on exposure of employees to toxic substances which he believes
may endanger the health or safety of employees. The commissioner shall cooperate
with the Director of the National Institute for Occupational Safety and Health of the
Department of Health and Human Services of the United States in establishing such
programs of medical examinations and tests as may be necessary to determine the incidence of occupational illness and employee susceptibility to such illnesses. Such programs, on the request of the employer, may be paid for by the commissioner, together
with such other assistance as may be required. Information obtained under this section
shall be made public without revealing the names of individual workers covered by
physical examination or special studies and shall be made available to employers, employees and their respective organizations.
(P.A. 73-379, S. 17, 21.)
Sec. 31-384. Education programs. (a) The commissioner shall conduct directly
or by grants or contracts education programs to provide an adequate supply of qualified
personnel to carry out the purposes of this chapter and informational programs on the
importance and proper use of adequate safety and health equipment.
(b) The commissioner is authorized to conduct directly or by grants or contracts
short term training of personnel engaged in work related to his responsibilities under
this chapter.
(c) The commissioner shall provide for the establishment and supervision of programs for the education and training of employers, owners and employees in the recognition, avoidance and prevention of unsafe or unhealthful working conditions in employment covered by this chapter. The commissioner shall consult with and advise
employers, owners, employees and organizations representing employers, owners and
employees as to effective means of preventing occupational injuries and illnesses.
(P.A. 73-379, S. 18, 21; P.A. 74-137, S. 20, 21.)
History: P.A. 74-137 included "owners" in Subsec. (c).
Cited. 176 C. 320, 322.