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 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.
12
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
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 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
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 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
11  program 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
24  practices.
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
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 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.