Chapter 099

2003 -- H 6026

Enacted 07/04/03






     Introduced By: Representatives McManus, Moffitt, Long, Scott, and Mumford

     Date Introduced: February 12, 2003



It is enacted by the General Assembly as follows:


     SECTION 1. Section 28-20-19 of the General Laws in Chapter 28-20 entitled "Division

of Occupational Safety" is hereby amended to read as follows:

     28-20-19. Occupational safety and health review board. -- (a) The occupational safety

and health review board is hereby established.

      (b) The review board shall be composed of three (3) seven (7) members appointed by the

governor, one of whom shall be a qualified member of the occupational safety profession, one

(1) shall be a qualified elevator representative, one (1) shall be a qualified mechanical

representative, one (1) shall be a qualified electrical representative, and one (1) shall be a

qualified operating engineer representative, nominated by the director of labor and training, one

shall be a qualified representative of the occupational health profession, nominated by the director

of health, and and one shall be a representative of the public who acts as chairperson of the

review board.

      (c) The term of office of each member of the review board is six (6) years, except that of

the members of the review board first taking office, one is appointed for six (6) years, one is

appointed for four (4) years and one is appointed for two (2) years.

      (d) The review board shall conduct hearings pursuant to chapter 35 of title 42 in all cases

involving contests of the decisions of the director, and the commission for occupational safety

and health made pursuant to this chapter and chapter 19 of this title.

      (e) Two (2) Five (5) members of the review board constitute a quorum, and official

action can be taken only on the affirmative vote of at least two (2) five (5) members. In the event

of a lack of a quorum, the director of labor and training shall have the authority to designate an

employee of the department of labor and training to serve on the board for purposes of obtaining

a quorum only. Said employee shall have no voting privileges.

      (f) The review board shall set its own rules established pursuant to the requirements of

chapter 35 of title 42.

      (g) The members of the review board will be paid at a daily rate as determined by the


      (h)(g) Clerical and other assistance that may be required by the review board shall be

furnished by the director.

     SECTION 2. This act shall take effect upon passage.