Session of 1997
SENATE BILL No. 387
By Committee on Ways and Means
9 AN ACT concerning the state workplace health and safety program; re-
10 lating to implementation and administration of the program; amending
11 K.S.A. 44-575 and repealing the existing section.
13 Be it enacted by the Legislature of the State of Kansas:
14 New Section. 1. (a) The powers, duties and functions of the state
15 workplace health and safety program established in K.S.A. 44-575 and
16 amendments thereto are hereby transferred to and conferred and im-
17 posed upon the secretary of human resources. The secretary of human
18 resources shall be the successor in every way to the powers, duties and
19 functions associated with the state workplace health and safety program.
20 Every act performed in the exercise of such powers, duties and functions
21 by or under the authority of human resources shall be deemed to have
22 the same force and effect as if performed by the secretary of administra-
23 tion in whom such powers, duties and functions were vested prior to the
24 effective date of this act.
25 (b) Whenever the state workplace health and safety program, or
26 words of like effect, is referred to or designated by a statute, contract or
27 other document, and such reference or designation is in regard to one of
28 the powers and duties transferred pursuant to subsection (a), such ref-
29 erence or designation shall be deemed to apply to the state workplace
30 health and safety program established within the department of human
31 resources. Whenever secretary of administration, director of personnel
32 services, or words of like effect are referred to or designated by a statute,
33 contract or other document, and such reference is in regard to one of the
34 powers and duties transferred to the secretary of human resources pur-
35 suant to subsection (a), such reference shall be deemed to apply to the
36 secretary of human resources.
37 Sec. 2. K.S.A. 44-575 is hereby amended to read as follows: 44-575.
38 (a) As used in K.S.A. 44-575 through 44-580 and amendments thereto,
39 ``state agency'' means the state, or any department or agency of the state,
40 but not including the Kansas turnpike authority, any political subdivision
41 of the state or the district court with regard to district court officers or
42 employees whose total salary is payable by counties.
43 (b) For the purposes of providing for the payment of compensation
1 for claims arising on and after July 1, 1974, and all other amounts required
2 to be paid by any state agency as a self-insured employer under the work-
3 ers compensation act and any amendments or additions thereto, there is
4 hereby established the state workers compensation self-insurance fund in
5 the state treasury. The name of the state workmen's compensation self-
6 insurance fund is hereby changed to the state workers compensation self-
7 insurance fund. Whenever the state workmen's compensation self-insur-
8 ance fund is referred to or designated by any statute, contract or other
9 document, such reference or designation shall be deemed to apply to the
10 state workers compensation self-insurance fund.
11 (c) (1) The state workers compensation self-insurance fund shall be
12 liable to pay the following:
(1) (A) All compensation for claims arising
13 on and after July 1, 1974, and all other amounts required to be paid by
14 any state agency as a self-insured employer under the workers compen-
15 sation act and any amendments or additions thereto; (2) (B) the amount
16 that all state agencies are liable to pay of the ``carrier's share of expense''
17 of the administration of the office of the director of workers' compensa-
18 tion as provided in K.S.A. 74-712 through 74-719 and amendments
19 thereto, for each fiscal year; (3) (C) all compensation for claims remaining
20 from the self-insurance program which existed prior to July 1, 1974, for
21 institutional employees of the division of mental health and retardation
22 services of the department of social and rehabilitation services; (4) (D)
23 the cost of administering the state workers compensation self-insurance
24 fund including the defense of such fund and any costs assessed to such
25 fund in any proceeding to which it is a party; and (5) (E) transfers of funds
26 to the workers compensation fee fund pursuant to appropriation acts to
27 pay the cost of establishing and operating the state workplace health and
28 safety program under subsection (f). (2) For the purposes of K.S.A. 44-
29 575 through 44-580 and amendments thereto, all state agencies are
30 hereby deemed to be a single employer whose liabilities specified in this
31 section are hereby imposed solely upon the state workers compensation
32 self-insurance fund and such employer is hereby declared to be a fully
33 authorized and qualified self-insurer under K.S.A. 44-532 and amend-
34 ments thereto, but such employer shall not be required to make any
35 reports thereunder.
36 (d) The secretary of administration shall administer the state workers
37 compensation self-insurance fund and all payments from such fund shall
38 be upon warrants of the director of accounts and reports issued pursuant
39 to vouchers approved by the secretary of administration or a person or
40 persons designated by the secretary. The director of accounts and reports
41 may issue warrants pursuant to vouchers approved by the secretary for
42 payments from the state workers compensation self-insurance fund not-
43 withstanding the fact that claims for such payments were not submitted
1 or processed for payment from money appropriated for the fiscal year in
2 which the state workers compensation self-insurance fund first became
3 liable to make such payments.
4 (e) The secretary of administration shall remit all moneys received by
5 or for the secretary in the capacity as administrator of the state workers
6 compensation self-insurance fund, to the state treasurer. Upon receipt of
7 any such remittance the state treasurer shall deposit the entire amount
8 thereof in the state treasury to the credit of the state workers compen-
9 sation self-insurance fund.
10 (f) There is hereby established the state workplace health and safety
within the state workers compensation self-insurance program
12 of the department of administration. The secretary of administration hu-
13 man resources shall implement and administer the state workplace health
14 and safety program for state agencies. The state workplace health and
15 safety program shall include, but not be limited to:
16 (1) Workplace health and safety hazard surveys in all state agencies,
17 including onsite interviews with employees;
18 (2) workplace health and safety hazard prevention services, including
19 inspection and consultation services;
20 (3) procedures for identifying and controlling workplace hazards;
21 (4) development and dissemination of health and safety informational
22 materials, plans, rules and work procedures; and
23 (5) training for supervisors and employees in healthful and safe work
25 New Sec. 3. (a) The secretary of human resources shall provide
26 that all officers and employees of the department of administration who
27 are classified as staff development specialists and who are engaged in the
28 exercise and performance of the powers, duties and functions of the state
29 workplace health and safety program transferred in this act are trans-
30 ferred to the department of human resources.
31 (b) Such officers and employees of the department of administration
32 shall retain all retirement benefits and leave rights which had accrued or
33 vested prior to the date of transfer. The service of each such officer and
34 employee so transferred shall be deemed to have been continuous. All
35 transfers, layoffs and abolition of classified service positions under the
36 Kansas civil service act which may result from program transfers shall be
37 made in accordance with the civil service laws and any rules and regula-
38 tions adopted thereunder. Nothing in this act shall affect the classified
39 status of any transferred person employed by the department of admin-
40 istration prior to the date of transfer.
41 (c) If the secretary of human resources and the secretary of admin-
42 istration cannot agree as to how the transfer of personnel is to take place,
43 the secretary of human resources shall be responsible for administering
1 any layoff that is a part of the transfer.
2 (d) Notwithstanding the effective date of the legislation authorizing
3 the transfer of personnel between the department of human resources
4 and the department of administration, the date of transfer of personnel
5 shall commence at the start of a payroll period.
6 Sec. 4. K.S.A. 44-575 is hereby repealed.
7 Sec. 5. This act shall take effect and be in force from and after its
8 publication in the statute book.