reglab/statecodes huggingface dataset:
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart E - HEARINGS › Section 31-376-37 - Disqualification of hearing officer

Current through July 10, 2024
(a) A Hearing
				Officer may withdraw from a proceeding whenever he deems himself
				disqualified.
(b) Any party may
				request the Hearing Officer, at any time following his designation and before
				the filing of his decision, to withdraw on ground of personal bias or
				disqualification, by filing with him promptly upon the discovery of the alleged
				facts an affidavit setting forth in detail the matters alleged to constitute
				grounds for disqualification.
(c)
				If, in the opinion of the Hearing Officer, the affidavit referred to in
				paragraph of this section is filed with due diligence and is sufficient on its
				face, the Hearing Officer shall forthwith disqualify himself and withdraw from
				the proceeding.
(d) If the Hearing
				Officer does not disqualify himself and withdraw from the proceeding, he shall
				so rule upon the record, stating the grounds for his ruling and shall proceed
				with the hearing, or, if the hearing has closed, he shall proceed with the
				issuance of his decision, and the provisions of Section
				31-376-47
				shall thereupon apply.
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart E - HEARINGS › Section 31-376-41 - Exhibits

Current through July 10, 2024
(a) All exhibits offered in evidence, shall
				be numbered and marked with a designation identifying the party or intervenor
				by whom the exhibit is offered.
(b)
				In the absence of objection by another party or intervenor, exhibits shall be
				admitted into evidence as a part of the record, unless excluded by the Hearing
				Officer pursuant to Section
				31-376-42.
(c) Unless the Hearing Officer finds it
				impractical, a copy of each such exhibit shall be given to the other parties
				and intervenors.
(d) All exhibits
				offered, but denied admission into evidence, shall be identified as in
				paragraph (a) of this section and shall be placed in a separate file designated
				for rejected exhibits.
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart E - HEARINGS › Section 31-376-43 - Burden of proof

Current through July 10, 2024
(a) In all
				proceedings commenced by the filing of a notice of contest, the burden of proof
				shall rest with the Commissioner.
(b) In proceedings commenced by a petition
				for modification of the abatement period, the burden of establishing the
				necessity for such modification shall rest with the petitioner.
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart E - HEARINGS › Section 31-376-44 - Objections

Current through July 10, 2024
(a) Any objection with respect to the conduct
				of the hearing, including any objection to the introduction of evidence or a
				ruling by the Hearing Officer, may be stated orally or in writing, accompanied
				by a short statement of the grounds for the objection, and shall be included in
				the records. No such objection shall be deemed waived by further participation
				in the hearing.
(b) Whenever
				evidence is excluded from the record, the party offering such evidence may make
				an offer of proof, which shall be included in the record of the
				proceeding.
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart E - HEARINGS › Section 31-376-45 - Interlocutory appeals; special; as of right

Current through July 10, 2024
(a) Unless
				expressly authorized by these rules, rulings by the Hearing Officer may not be
				appealed directly to the Commission except by its special permission. Unless
				otherwise provided by these rules, all such rulings shall become a part of the
				record.
(b) Request to the
				Commission for special permission to appeal from such ruling shall be filed in
				writing within 5 days following receipt of the ruling and shall state briefly
				the grounds relied on.
(c)
				Interlocutory appeal from a ruling of the Hearing Officer shall be allowed as
				of right where the Hearing Officer certifies that:
(1) the ruling involves an important question
				of law concerning which there is substantial ground for difference of opinion;
				and
(2) an immediate appeal from
				the ruling will materially expedite the proceedings. Such appeal shall also be
				allowed in the circumstances set forth in Section
				31-376-11.
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart E - HEARINGS › Section 31-376-46 - Filing of briefs and proposed findings with the hearing officer; oral argument at the hearing

Current through July 10, 2024
Any party shall be entitled, upon request, to a reasonable
				  period at the close of the hearing for oral argument, which shall be included
				  in the stenographic report of the hearing.
Any party shall be entitled, upon request made before the
				  close of the hearing, to file a brief, proposed findings of fact and
				  conclusions of law, or both, with the Hearing Officer. The Hearing Officer may
				  fix a reasonable period of time for such filing, but such initial period may
				  not exceed 20 days from the receipt by the party of the transcript of the
				  hearing.
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart F - POST HEARING PROCEDURES › Section 31-376-47 - Decisions and reports of hearing officers

Current through July 10, 2024
(a)
				Upon completion of any proceeding, the Hearing Officer shall prepare a decision
				which shall include findings of fact, conclusions of law, and an order. When a
				hearing is held, the decision shall comply with sections
				4-179,
				4-180
				and
				4-181
				of the Connecticut General Statutes. Copies of the decision shall be mailed to
				all parties. Thereafter, the hearing officer shall file with the secretary of
				the commission at its offices at 177 Columbus Boulevard, New Britain,
				Connecticut, a report consisting of his decision, the record in support
				thereof, and any petitions for discretionary review of his decision, or
				statements in opposition to such petitions, that may be filed in accordance
				with section
				31-376-48.
				The hearing officer shall file his report on the day following the close of the
				period for filing petitions for discretionary review, or statements in
				opposition to such petitions, but no later than the twenty-first day following
				the date of the mailing of the decision to the parties.
(b) Promptly upon receipt of the hearing
				officer's report, the secretary shall docket the case and notify all parties of
				that fact.
On or after the date of docketing of the case, all pleadings
				  or other documents that may be filed in the case shall be addressed to the
				  secretary.
In the event no commission member directs review of a
				  decision on or before the thirtieth day following the date of docketing of the
				  hearing officer's report, the decision of the hearing officer contained therein
				  shall become a final order of the commission.
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart F - POST HEARING PROCEDURES › Section 31-376-48 - Discretionary Review; petitions for; statements in opposition

Current through July 10, 2024
(a) A party aggrieved by the decision of a
				Hearing Officer may submit a petition for discretionary review. An aggrieved
				party that fails to file a petition for such review by the commission may be
				foreclosed from court review of any objection to the hearing officer's
				decision.
(1) Except as provided in
				subdivisions (2) and (3) of this section, any petition must be received by the
				hearing officer at his office on or before the twentieth day following his
				mailing of a copy of the decision to the parties.
(2) When there is no objection by any party,
				when an expedited proceeding has been directed pursuant to section
				31-376-52,
				or for other good cause, the hearing officer is empowered to prescribe a
				shorter time for filing petitions for discretionary review following the
				mailing of his decision.
(3)
				Petitions for review of a hearing officer's decision may be filed directly with
				the secretary subsequent to the filing of the hearing officer's report. Such
				petitions will be considered to the extent that time and resources permit.
				Parties filing such petitions should be aware that any action by a commission
				member directing review must be taken within thirty (30) days following the
				filing of the hearing officer's report.
(4) In the case of proposed settlements or
				other proposed dispositions by consent of all parties, petitions for
				discretionary review shall not be allowed, except for good cause
				shown.
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart F - POST HEARING PROCEDURES › Section 31-376-48a - Review by the commission

Current through July 10, 2024
(a) Review is a
				matter of sound discretion of a member of the Commission.
(b) In exercising discretion, a Commission
				member will consider assertions of the following:
(1) A finding of material fact is not
				supported by a preponderance of the evidence.
(2) The decision is contrary to law or to the
				duly promulgated rules or decisions of the Commission.
(3) A substantial question of law, abuse of
				discretion, or policy is involved.
(4) A prejudicial error of procedure was
				committed.
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart F - POST HEARING PROCEDURES › Section 31-376-49 - Stay of final order

Current through July 10, 2024
(a) Any party
				aggrieved by a final order of the Commission may, while the matter is within
				the jurisdiction of the Commission, file a motion for a stay.
(b) Such motion shall set forth the reasons a
				stay is sought and the length of the stay requested.
(c) The Commission may order such stay for
				the period requested or for such longer or shorter period as it deems
				appropriate.
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart F - POST HEARING PROCEDURES › Section 31-376-50 - Oral argument before the commission

Current through July 10, 2024
(a) Oral
				argument before the Commission ordinarily will not be allowed.
(b) In the event the Commission desires to
				hear oral argument with respect to any matter it will advise all parties to the
				proceeding of the date, hour, place, time allotted, and scope of such argument
				at least 10 days prior to the date set.
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart G - MISCELLANEOUS PROVISIONS › Section 31-376-51 - Settlement

Current through July 10, 2024
(a) Settlement is encouraged at any stage of
				the proceedings where such settlement is consistent with the provisions and
				objectives of the Act.
(b)
				Settlement agreements submitted by the parties shall be accompanied by an
				appropriate proposed order.
(c)
				Where parties to settlement agree upon a proposal, it shall be served upon
				represented and unrepresented affected employees in the manner set forth in
				Section
				31-376-7.
				Proof of such service shall accompany the proposed settlement when submitted to
				the Commission or the Hearing Officer.
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart G - MISCELLANEOUS PROVISIONS › Section 31-376-52 - Expedited proceeding

Current through July 10, 2024
(a) Upon
				application of any party or intervenor or upon his own motion, any Commissioner
				may order an expedited proceeding. Contests arising under section
				31-376-19
				and
				31-376-20,
				shall be placed on a special docket and treated as expedited proceedings before
				the commissioners or a hearing officer. Cases arising under these sections
				which are directed for review before the commission shall also be placed on a
				special docket for review, and shall be treated as expedited proceedings under
				this section.
(b) When such
				proceeding is ordered, the Secretary shall notify all parties and
				intervenors.
(c) The Hearing
				Officer assigned in an expedited proceeding shall make necessary rulings with
				respect to time for filing of pleadings and with respect to all other matters,
				without reference to times set forth in these rules, shall order daily
				transcripts of the hearing, and shall do all other things necessary to complete
				the proceeding in the minimum time consistent with fairness.
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart G - MISCELLANEOUS PROVISIONS › Section 31-376-54 - Ex parte communication

Current through July 10, 2024
(a) There shall be
				no ex parte communication, with respect to the merits of any case not
				concluded, between the Commission, including any member, officer, employee, or
				agent of the Commission who is employed in the decisional process, and any of
				the parties or intervenors.
(b) In
				the event such ex parte communication occurs, the Commission or the Hearing
				Officer may make such orders or take such action as fairness requires. Upon
				notice and hearing, the Commission may take such disciplinary action as is
				appropriate in the circumstances against any person who knowingly and willfully
				makes or solicits the making of a prohibited expert communication.
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart G - MISCELLANEOUS PROVISIONS › Section 31-376-55 - Restrictions as to participation by investigative or prosecuting officers

Current through July 10, 2024
In any proceeding noticed pursuant to the rules in this part,
				  the Commissioner shall not participate or advise with respect to the report of
				  the Hearing Officer or the Commission decision.
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart G - MISCELLANEOUS PROVISIONS › Section 31-376-56 - Inspection and reproduction of documents

Current through July 10, 2024
(a) Subject to
				the provisions of law restricting public disclosure of information, any person
				may, at the offices of the Commission, inspect and copy any document filed in
				any proceeding.
(b) Costs shall be
				borne by such person.
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart G - MISCELLANEOUS PROVISIONS › Section 31-376-57 - Restrictions with respect to former employees

Current through July 10, 2024
(a) No
				former employee of the Commission or the Commissioner (including a member of
				the Commission or the Commissioner) shall appear before the Commission as an
				attorney or other representative for any party in any proceeding or other
				matter, formal or informal, in which he participated personally and
				substantially during the period of his employment.
(b) No former employee of the Commission or
				the Commissioner (including a member of the Commission or the Commissioner)
				shall appear before the Commission as an attorney or other representative for
				any party in any proceeding or other matter, formal or informal, for which he
				was personally responsible during the period of his employment, unless 1 year
				has elapsed since the termination of such employment.
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart G - MISCELLANEOUS PROVISIONS › Section 31-376-58 - Amendments to rules

Current through July 10, 2024
The Commission may at any time upon its own motion or
				  initiative, or upon written suggestion of any interested person setting forth
				  reasonable grounds therefor, amend or revoke any of the rules contained
				  herein.
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart G - MISCELLANEOUS PROVISIONS › Section 31-376-59 - Special circumstances: Waiver of rules

Current through July 10, 2024
In special circumstances not contemplated by the provisions
				  of these rules, or for good cause shown, the Commission may, upon application
				  by any party or intervenor, or on its own motion, after 3 days notice to all
				  parties and intervenors, waive any rule or make such orders as justice or the
				  administration of the Act requires.
Connecticut Administrative Code › Title 31 - Labor › 376 - Rules of Procedure › Subpart G - MISCELLANEOUS PROVISIONS › Section 31-376-60 - Penalties

Current through July 10, 2024
(a) All penalties assessed by the Commission
				are Civil.
(b) The Commission has
				no jurisdiction under Section
				31-382(e), (f), and
				(g) of the Act and will conduct no proceeding
				thereunder.
Connecticut Administrative Code › Title 31 - Labor › 379 - Discrimination against Employees Exercising Rights under the Connecticut Occupational Safety and Health Act of 1973 › General › Section 31-379-1 - Introduction

Current through July 10, 2024
(a) The Connecticut Occupational Safety and
				Health Act of 1973 (Chapter 571, Section
				31-367
				through
				31-385
				), hereinafter referred to as the Act, is a state statute of general
				application designed to regulate employment conditions relating to occupational
				safety and health and to achieve safer and healthier workplaces throughout the
				State. By terms of the Act, every person engaged in a business who has
				employees is required to furnish each of his employees employment and a place
				of employment free from recognized hazards that are causing or likely to cause
				death or serious physical harm, and, further to comply with occupational safety
				and health standards promulgated under the Act.
(b) The Act provides, among other things, for
				the adoption of occupational safety and health standards, research and
				development activities, inspections and investigations of workplaces, and
				recordkeeping requirements. Enforcement procedures initiated by the Department
				of Labor, review proceedings before an independent quasi-judicial agency (the
				Connecticut Occupational Safety and Health Review Commission), and express
				judicial review are provided by the Act.
(c) Employees and representatives of
				employees are afforded a wide range of substantive and procedural rights under
				the Act. Moreover, effective implementation of the Act and achievement of its
				goals depend in large part upon the active but orderly participation of
				employees, individually and through their representatives, at every level of
				safety and health activity.
(d)
				This part deals essentially with the rights of employees afforded under section
				31-379
				of the Act. Section
				31-379
				of the Act prohibits reprisals, in any form, against employees who exercise
				rights under the Act.
Connecticut Administrative Code › Title 31 - Labor › 379 - Discrimination against Employees Exercising Rights under the Connecticut Occupational Safety and Health Act of 1973 › General › Section 31-379-2 - Purpose

Current through July 10, 2024
The purpose of these regulations is to make available in one
				  place interpretations of the various provisions of section
				  31-379
				  of the Act which will guide the Commissioner of Labor in the performance of his
				  duties thereunder unless and until otherwise directed by authoritative
				  decisions of the courts, or concluding, upon reexamination of an
				  interpretation, that it is incorrect.
Connecticut Administrative Code › Title 31 - Labor › 379 - Discrimination against Employees Exercising Rights under the Connecticut Occupational Safety and Health Act of 1973 › General › Section 31-379-3 - Complaint procedure

Current through July 10, 2024
Upon the filing of a complaint pursuant to section
				  31-379
				  of the Connecticut General Statutes, the commissioner shall proceed pursuant to
				  section
				  31-379-15a
				  of the Regulations of Connecticut State Agencies.
Connecticut Administrative Code › Title 31 - Labor › 379 - Discrimination against Employees Exercising Rights under the Connecticut Occupational Safety and Health Act of 1973 › General › Section 31-379-4 - Persons prohibited from discriminating

Current through July 10, 2024
Section
				  31-379
				  of the Connecticut General Statutes is not limited to actions taken by
				  employers against their employees. A person may be charged with discriminatory
				  action against an employee of another person. Any other person in a position to
				  discriminate against an employee may be charged with discriminatory action,
				  including but not limited to, organizations representing employees for
				  collective bargaining purposes and employment agencies.
Connecticut Administrative Code › Title 31 - Labor › 379 - Discrimination against Employees Exercising Rights under the Connecticut Occupational Safety and Health Act of 1973 › General › Section 31-379-5 - Persons protected by section 31-379

Current through July 10, 2024
(a) All
				employees are afforded the full protection of section
				31-379.
				For purposes of the Act, an employee is defined as "any person engaged in
				service to an employer in a business of his employer." The Act does not define
				the term "engaged." However, the broad remedial nature of this legislation
				demonstrates a clear intent that the existence of an employment relationship,
				for purposes of section
				31-379,
				is to be based upon economic realities rather than upon common law doctrines
				and concepts.
(b) For purposes of
				section
				31-379,
				even an applicant for employment could be considered an employee. Further,
				because section
				31-379
				speaks in terms of any employer, it is also clear that the employer need not be
				an employee of the discriminator. The principal consideration would be whether
				the person alleging discrimination was an "employee" at the time of engaging in
				protected activity.
(c) In view of
				the definitions of "employer" and "employee" contained in the Act, employees of
				the State or political subdivisions are within the contemplated coverage of
				section
				31-379.
Connecticut Administrative Code › Title 31 - Labor › 379 - Discrimination against Employees Exercising Rights under the Connecticut Occupational Safety and Health Act of 1973 › General › Section 31-379-6 - Unprotected activities

Current through July 10, 2024
(a) Actions taken
				by an employer, or others, which adversely affect an employee may be predicated
				upon nondiscriminatory grounds. The proscriptions of 379 apply when the adverse
				action occurs because the employee has engaged in protected activities. An
				employee's engagement in activities protected by the Act does not automatically
				render him immune from discharge or discipline for legitimate reasons, or from
				adverse action dictated by non-prohibited considerations.
(b) To establish that a violation of section
				31-379
				of the Connecticut General Statutes has occurred, the employee's engagement in
				protected activity is not required to be the sole consideration for a discharge
				or other adverse action. If protected activity was a substantial reason for the
				action or if the discharge or other adverse action would not have taken place
				"but for" engagement in protected activity, a violation of section
				31-379
				of the Connecticut General Statutes has occurred. Whether a discharge or other
				adverse action taken against the complainant by a person was because of
				protected activity shall be determined on the basis of the facts in the
				particular case.
Connecticut Administrative Code › Title 31 - Labor › 379 - Discrimination against Employees Exercising Rights under the Connecticut Occupational Safety and Health Act of 1973 › Specific Protections › Section 31-379-9 - Complaints under or related to the Act

Current through July 10, 2024
(a) Discharge
				of, or discrimination against, an employee because the employee has filed "any
				complaint - under or related to this Act -" is prohibited by section
				31-379.
				An example of a complaint made "under" the Act would be an employee request for
				inspection pursuant to section
				31-374(f).
				However, this would not be the only type of complaint protected by section 379.
				The range of complaints "related to" the Act is commensurate with the broad
				remedial purposes of this legislation and the sweeping scope of its
				application.
(b) Complaints
				registered with other state or local agencies which have the authority to
				regulate or investigate occupational safety and health conditions are
				complaints "related to" this Act. Likewise, complaints made to Federal agencies
				regarding occupational safety and health conditions would be "related to" the
				Act. Such complaints, however, must relate to conditions at the workplace, as
				distinguished from complaints touching only upon general public safety and
				health.
(c) Further, the salutary
				principles of the Act would be seriously undermined if employees were
				discouraged from lodging complaints about occupational safety and health
				matters with their employers. Such complaints to employers, if made in good
				faith, therefore would be protected against discharge or discrimination caused
				by a complaint to the employer.
Connecticut Administrative Code › Title 31 - Labor › 379 - Discrimination against Employees Exercising Rights under the Connecticut Occupational Safety and Health Act of 1973 › Specific Protections › Section 31-379-10 - Proceedings under or related to the Act

Current through July 10, 2024
(a) Proceedings
				under or related to this chapter include, but are not limited to, inspections
				of worksites pursuant to section
				31-374
				of the Connecticut General Statutes, the contesting by an employee of an
				abatement date pursuant to subsection
(b) of section
				31-377
				of the Connecticut General Statutes, an employee's initiation of proceedings
				for promulgation of an occupational safety and health standard pursuant to
				section
				31-372
				of the Connecticut General Statutes, an employee's application for modification
				or revocation of a variance pursuant to subsection (g) of section
				31-372
				of the Connecticut General Statutes, an employee's judicial challenge to a
				standard pursuant to subsection (h) of section
				31-372
				of the Connecticut General Statutes and an employee's appeal of an Occupational
				Safety and Health Review Commission order pursuant to section
				31-378
				of the Connecticut General Statutes.
(c) An employee need not himself directly
				institute the proceedings. It is sufficient if he sets into motion activities
				of others which result in proceedings under or related to the Act.
Connecticut Administrative Code › Title 31 - Labor › 379 - Discrimination against Employees Exercising Rights under the Connecticut Occupational Safety and Health Act of 1973 › Specific Protections › Section 31-379-11 - Testimony

Current through July 10, 2024
An employee's testimony in any proceeding under or related to
				  chapter 571 of the Connecticut General Statutes is protected by section
				  31-379
				  of the Connecticut General Statutes. This protection is not limited to
				  testimony in proceedings instituted or caused to be instituted by the employee,
				  but extends to any statements given in the course of judicial, quasi-judicial,
				  and administrative proceedings.
Connecticut Administrative Code › Title 31 - Labor › 379 - Discrimination against Employees Exercising Rights under the Connecticut Occupational Safety and Health Act of 1973 › Procedures › Section 31-379-15 - Filing of complaint for discrimination

Current through July 10, 2024
(a)
Who
				may file.
A complaint pursuant to section
				31-379
				of the Connecticut General Statutes may be filed in writing by the employee or
				the employee's designated representative.
(b)
Place of filing.
The
				complaint shall be filed with the labor commissioner no later than one-hundred
				eighty days after the alleged violation.
(c) If a complaint is filed beyond the one
				hundred-eighty day period, such period may be tolled by the commissioner on the
				basis of equity or because of compelling extenuating circumstances, including
				but not limited to, instances when the employer has concealed, or misled the
				employee regarding the grounds for discharge or other adverse action or
				instances when the discrimination is in the nature of a continuing violation.
				The pendency of grievance-arbitration proceedings or the filing of a complaint
				with another agency are circumstances which shall not toll the one
				hundred-eighty day period. In the absence of circumstances justifying a tolling
				of the one hundred-eighty day period, untimely complaints shall not be
				processed.
Connecticut Administrative Code › Title 31 - Labor › 379 - Discrimination against Employees Exercising Rights under the Connecticut Occupational Safety and Health Act of 1973 › Procedures › Section 31-379-15a - The prehearing and hearing process

Current through July 10, 2024
(a) Upon
				receipt of the complaint, the Commissioner shall schedule a prehearing
				conference pursuant to section
				31-1-3
				of the Regulations of Connecticut State Agencies to be held no later than one
				month from the date of receipt of the complaint.
(b) If the prehearing conference fails to
				result in a successful resolution of the complaint, the Commissioner shall
				promptly schedule and conduct a contested case hearing, pursuant to the Uniform
				Administrative Procedure Act, Chapter 54 of the Connecticut General Statutes,
				and the Department of Labor's contested case regulations, Sections
				31-1-1
				through
				31-1-9,
				inclusive, of the Regulations of Connecticut State Agencies.
Connecticut Administrative Code › Title 31 - Labor › 379 - Discrimination against Employees Exercising Rights under the Connecticut Occupational Safety and Health Act of 1973 › Procedures › Section 31-379-16 - Proposed and final decision

Current through July 10, 2024
(a) Not later than
				sixty days after the close of evidence, or the filing of briefs, whichever is
				later, the hearing officer designated to preside over the contested case
				hearing shall issue a proposed decision pursuant to sections
				31-1-1
				through
				31-1-9,
				inclusive, of the Regulations of Connecticut State Agencies and shall notify
				the parties that any party adversely affected by the proposed decision may file
				exceptions, present briefs, or request oral argument no later than two weeks
				from the date of the proposed decision. If the designated hearing officer finds
				in favor of the complainant, the decision shall contain an award to the
				complainant of all appropriate relief pursuant to subsection (c) of section
				31-379
				of the Connecticut General Statutes.
(b) The commissioner shall issue a final
				decision pursuant to sections
				31-1-1
				through
				31-1-9,
				inclusive, of the Regulations of Connecticut State Agencies no later than
				thirty days from the date the proposed decision was issued or no later than
				thirty days from the receipt of exceptions or the presentation of briefs or the
				hearing of oral argument, whichever is later.
Connecticut Administrative Code › Title 31 - Labor › 379 - Discrimination against Employees Exercising Rights under the Connecticut Occupational Safety and Health Act of 1973 › Procedures › Section 31-379-17 - Withdrawal of complaint

Current through July 10, 2024
Enforcement of the provisions of section
				  31-379
				  is not only a matter of protecting rights of individual employees, but also of
				  public interest. Attempts by an employee to withdraw a previously filed
				  complaint will not necessarily result in termination of the Commissioner's
				  investigation. The Commissioner's jurisdiction cannot be foreclosed as a matter
				  of law by unilateral action of the employee. However, a voluntary and uncoerced
				  request from a complainant to withdraw his complaint will be given careful
				  consideration and substantial weight as a matter of policy and sound
				  enforcement procedure.
Connecticut Administrative Code › Title 31 - Labor › 379 - Discrimination against Employees Exercising Rights under the Connecticut Occupational Safety and Health Act of 1973 › Procedures › Section 31-379-18 - Arbitration or other agency proceedings

Current through July 10, 2024
(a)
General.
(1) An employee who
				files a complaint under section
				31-379
				of the Act may also pursue remedies under grievance arbitration proceedings in
				collective bargaining agreements. In addition, the complainant may concurrently
				resort to other agencies for relief, such as the National Labor Relations
				Board. The Commissioner's jurisdiction to entertain section
				31-379
				complaints, to investigate, and to determine whether discrimination has
				occurred, is independent of the jurisdiction of other agencies or bodies. The
				Commissioner may file action in the court of common pleas for Hartford county
				regardless of the pendency of other proceedings.
(2) However, the Commissioner also recognizes
				the national policy favoring voluntary resolution of disputes under procedures
				in collective bargaining agreements. By the same token, due deference should be
				paid to the jurisdiction of other forums established to resolve disputes which
				may also be related to section
				31-379
				complaints.
(3) Where a complainant
				is in fact pursuing remedies other than those provided by section
				31-379,
				postponement of the Commissioner's determination and deferral to the results of
				such proceedings may be in order.
Connecticut Administrative Code › Title 31 - Labor › 379 - Discrimination against Employees Exercising Rights under the Connecticut Occupational Safety and Health Act of 1973 › Some Special Subjects › Section 31-379-21 - Walkaround pay disputes

Current through July 10, 2024
The commissioner recognizes the essential nature of employee
				  participation in walkaround inspections under section
				  31-374
				  of the act. Employees constitute a vital source of information to
				  representatives of the commissioner concerning the presence of workplace
				  hazards. Employees should be able to freely exercise their statutory right to
				  participate in walkarounds without fear of economic loss, such as the denial of
				  pay for the time spent assisting OSHA compliance personnel during workplace
				  inspections. Therefore, in order to insure the unimpeded flow of information to
				  the commissioner's inspectors, as well as the unfettered statutory right of
				  employees to participate in walkaround inspections, an employer's failure to
				  pay employees for time during which they are engaged in walkaround inspections,
				  is discriminatory under section
				  31-379.
				  In addition, where employees participate in other inspection related
				  activities, such as responding to questions of compliance officers, or
				  participating in the opening and closing conferences, an employer's failure to
				  pay employees for time engaged in these activities, is discriminatory under
				  section
				  31-379.
Connecticut Administrative Code › Title 31 - Labor › 379 - Discrimination against Employees Exercising Rights under the Connecticut Occupational Safety and Health Act of 1973 › Some Special Subjects › Section 31-379-22 - Employee refusal to comply with safety rules

Current through July 10, 2024
Employees who refuse to comply with occupational safety and
				  health standards or valid safety rules implemented by the employer in
				  furtherance of the Act are not exercising any rights afforded by the Act.
				  Disciplinary measures taken by employers solely in response to employee refusal
				  to comply with appropriate safety rules and regulations, will not ordinarily be
				  regarded as discriminatory action prohibited by section
				  31-379.
				  This situation should be distinguished from refusals to work, as discussed in
				  31-379-12.
Connecticut Administrative Code › Title 31 - Labor › 390(b) - Emergency Municipal Public Works Employment Program › Section 31-390(b)-2 - Authority

Current through July 10, 2024
These regulations are authorized pursuant to Section
				31-390(b)
				 delegating to the Commissioners of
				Administrative Services, Economic Development, Labor, and the Secretary of the
				Office of Policy and Management authority to adopt regulations in the
				implementation of Sections
				31-386 to
				31-391.
Connecticut Administrative Code › Title 31 - Labor › 390(b) - Emergency Municipal Public Works Employment Program › Section 31-390(b)-3 - Eligibility

Current through July 10, 2024
Any municipality with an unemployment rate equal to or in
				excess of seven percent of its work force as of March 1975, as certified by the
				Commissioner of Labor, shall be eligible for state financial assistance subject
				to the approval of the commissioners.
Connecticut Administrative Code › Title 31 - Labor › 390(b) - Emergency Municipal Public Works Employment Program › Section 31-390(b)-4 - Projects

Current through July 10, 2024
(a) No emergency municipal Public Works
			 employment project is to exceed an estimated cost of five hundred thousand
			 dollars, unless in the discretion of the commissioners, a project exceeding
			 five hundred thousand dollars particularly fulfills the purpose of Sections
			 31-386 to
			 31-391;
			 and
(b) Construction on said
			 project may begin within seventy-five days of final approval.
Connecticut Administrative Code › Title 31 - Labor › 401 - Approval of a Medical Facility other than a General Hospital as an Auxiliary Occupational Health Clinic › Section 31-401-1 - Definitions

Current through July 10, 2024
As used in Sections 31-401-1 to
				31-401-4,
				inclusive:
(a) "Commissioner" means
			 the Labor Commissioner of the State of Connecticut whose mailing address is 200
			 Folly Brook Boulevard, Wethersfield, Connecticut 06109, or his
			 designee.
(b) "Labor Department"
			 means the state of Connecticut Labor Department.
(c) "Auxiliary Occupational Health Clinic"
			 means any general hospital, or any other medical facility which operates a
			 corporate medicine program or an employee wellness program which includes any
			 of the following:
(1) Routine commercial
			 activities, such as preemployment examinations,
(2) Mandated examinations, such as Federal
			 Occupational Safety and Health Administration examinations,
(3) Routine workers' compensation
			 cases,
(4) Routine medical
			 evaluations involving establishment of product liability,
(5) Evaluations consigned to independent
			 medical examiners,
(6) Employee
			 physical programs,
(7) Employee
			 wellness programs,
(8) Employee
			 drug testing programs.
Connecticut Administrative Code › Title 31 - Labor › 401 - Approval of a Medical Facility other than a General Hospital as an Auxiliary Occupational Health Clinic › Section 31-401-2 - Request by a medical facility other than a general hospital for approval by the commissioner

Current through July 10, 2024
(a) A medical
			 facility other than a general hospital shall make a written request for
			 approval by the Commissioner as an auxiliary occupational health clinic for the
			 purpose of Conn. Gen. Stat. Section
			 31-398.
			 Such request should be mailed to:
Director
State of Connecticut
Occupational Safety and Health
200 Folly Brook Boulevard
Wethersfield, Connecticut 06109
(b) Any such request shall include (1)
			 certification that such medical facility operates a corporate medicine program
			 or an employee wellness program which includes any of the following:
(A) routine commercial activities, such as
			 preemployment examinations,
(B)
			 mandated examinations, such as Federal Occupational Safety and Health
			 Administration examinations,
(C)
			 routine workers' compensation cases,
(D) routine medical evaluations involving
			 establishment of product liability,
(E) evaluations consigned to independent
			 medical examiners,
(F) employee
			 physical programs,
(G) employee
			 wellness programs, or
(H) employee
			 drug testing programs, and (2) evidence that such facility is subject to and is
			 in substantial compliance with Sec.
			 31-40a
			 Conn. Gen. Stats.
Connecticut Administrative Code › Title 31 - Labor › 401 - Approval of a Medical Facility other than a General Hospital as an Auxiliary Occupational Health Clinic › Section 31-401-3 - Determination by the commissioner

Current through July 10, 2024
Not later than ninety (90) days after the receipt of the
				request, the Commissioner shall make a determination and shall furnish a copy
				of such determination to the medical facility other than a general
				hospital.
Connecticut Administrative Code › Title 31 - Labor › 401 - Approval of a Medical Facility other than a General Hospital as an Auxiliary Occupational Health Clinic › Section 31-401-4 - Review of commissioner's determination

Current through July 10, 2024
The Commissioner may upon receipt of a written request, which
				shall include argument and/or evidence for review, review any previous
				determination. This section shall not be interpreted to require such a
				review.
Connecticut Administrative Code › Title 31 - Labor › 422 - Initial Opt-Out Period › Section 31-422-2 - Initial opt-out period

Current through July 10, 2024
(a) As used in this
			 section:
(1) "Contribution level" has the same
			 meaning as provided in section 31-416 of the Connecticut General
			 Statutes;
(2) "Covered employee"
			 has the same meaning as provided in section 31-416 of the Connecticut General
			 Statutes;
(3) "Individual
			 retirement account" has the same meaning as provided in section 31-416 of the
			 Connecticut General Statutes;
(4)
			 "Informational materials" means the materials described in subsection (a) of
			 section 31-419 of the Connecticut General Statutes;
(5) "Program" has the same meaning as
			 provided in section 31-416 of the Connecticut General Statutes; and
(6) "Program administrator" means the third
			 party administrator chosen by the Comptroller to assist in carrying out the
			 requirements of sections 31-416 to 31-429, inclusive, of the Connecticut
			 General Statutes.
Connecticut Administrative Code › Title 31 - Labor › 424 - Distribution of Funds › Section 31-424-1 - Distribution of funds

Current through July 10, 2024
(a) As used in this
			 section:
(1) "Participant" has the same
			 meaning as provided in section 31-416 of the Connecticut General
			 Statutes;
(2)"Program"? has the
			 same meaning as provided in section 31-416 of the Connecticut General Statutes;
			 and
(3)"Program administrator"?
			 means the third-party administrator selected by the Comptroller to assist in
			 carrying out the requirements of sections 31-416 to 31-429, inclusive, of the
			 Connecticut General Statutes.
Connecticut Administrative Code › Title 32 - Commerce and Economic and Community Development › 1c - Personal Data › Section 32-1c-1 - Definitions

Current through July 10, 2024
(a) "Category of Personal Data" means the classification of personal information set forth in the Personal Data Act, Conn. Gen. Stat. Sec. 4-190(9).
(b) "Other Data" means any information which because of name, identifying number, mark or description can be readily associated with a particular person.
(c) Department means the Department of Economic Development.
(d) Definitions of terms in Conn. Gen. Stat. Sec. 4-190 shall apply to these regulations.
Connecticut Administrative Code › Title 32 - Commerce and Economic and Community Development › 1c - Personal Data › Section 32-1c-2 - General nature and purpose of personal data systems

Current through July 10, 2024
(a) The Department maintains the following personal data systems:
(1) Personnel Records
(A) All personnel records are maintained at 210 Washington Street, Hartford, Connecticut 06106.
(B) Personnel records are maintained in manual form.
(C) Personnel records are maintained for the purpose of providing a history of payroll, promotion, discipline and related personnel information concerning Economic Development employees.
(D) Personnel records are the responsibility of the Personnel Officer of the Department, whose business address is 210 Washington Street, Hartford, Connecticut 06106. All requests for disclosure or amendment of these records should be directed to the Personnel Officer.
(E) Routine sources for information retained in personal records are generally the employee, previous employers of the employee, references provided by applicants for employment, the employee's supervisor, the Comptroller's Office, Department of Administrative Services, Division of Personnel & Labor Relations, and State insurance carriers.
(F) Personal data in personnel records are collected, maintained and used under authority of the State Personnel Act, Conn. Gen. Stat. Sec. 5-193 et seq.
Connecticut Administrative Code › Title 32 - Commerce and Economic and Community Development › 1c - Personal Data › Section 32-1c-3 - Categories of personal data

Current through July 10, 2024
(a)
Personnel records
(1) The following categories of personal data are maintained in personnel records:
(A) Educational records.
(B) Medical or emotional condition or history.
(C) Employment records.
(D) Marital status.
Connecticut Administrative Code › Title 32 - Commerce and Economic and Community Development › 1c - Personal Data › Section 32-1c-4 - Maintenance of personal data-general

Current through July 10, 2024
(a) Personal data will not be maintained by the Department unless relevant and necessary to accomplish the lawful purposes of the agency. Where the agency finds irrelevant or unnecessary public records on its possession, the agency shall dispose of the records in accordance with its records retention schedule, or, if the records are not disposable under the records retention schedule, request permission from the Public Records Administrator to dispose of the records under Conn. Gen. Stat. Sec. 11-8a.
(b) The Department will collect and maintain all records with accurateness and completeness.
(c) Insofar as it is consistent with the needs and mission of the Department, it, wherever practical, shall collect personal data directly from the persons to whom a record pertains.
(d) Employees of the Department involved in the operations of the agency's personal data systems will be informed of the provisions of the
(1) Personal Data Act,
(2) the agency's regulations adopted pursuant to Sec. 4-196,
(3) the Freedom of Information Act and
(4) any other state or federal statute or regulations concerning maintenance or disclosure of personal data kept by the agency.