(1)(a) Not later than January
1, 1994, every public and private employer subject to the Nebraska Workers'
Compensation Act shall establish a safety committee. Such committee shall
adopt and maintain an effective written injury prevention program.
(b)A client
of a professional employer organization is not relieved of its obligation
to establish a safety committee based on its workers being co-employees of
the professional employer organization. A professional employer agreement
shall not allocate the client's responsibility to establish a safety committee
to the professional employer organization. For purposes of this subdivision,
the terms client, professional employer organization, and professional employer
agreement shall have the same meaning as in section 48-2702 . This subdivision
b
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(1)(a) Not later than January
1, 1994, every public and private employer subject to the Nebraska Workers'
Compensation Act shall establish a safety committee. Such committee shall
adopt and maintain an effective written injury prevention program.
(b) A client
of a professional employer organization is not relieved of its obligation
to establish a safety committee based on its workers being co-employees of
the professional employer organization. A professional employer agreement
shall not allocate the client's responsibility to establish a safety committee
to the professional employer organization. For purposes of this subdivision,
the terms client, professional employer organization, and professional employer
agreement shall have the same meaning as in section 48-2702 . This subdivision
becomes operative on January 1, 2012.
(2)(a)
For employers subject to collective-bargaining agreements, the establishment
of the safety committee shall be accomplished through the collective-bargaining
process.
(b) For employers not subject to collective-bargaining agreements,
the safety committee shall be composed of an equal number of members representing
employees and the employer. Employee members shall not be selected by the
employer but shall be selected pursuant to procedures prescribed in rules
and regulations adopted and promulgated by the Commissioner of Labor.
(c) The cost of maintaining and operating the safety committee
shall be minimal to the employer.
(3) An employer shall compensate employee members of the
safety committee at their regular hourly wage plus their regular benefits
while the employees are attending committee meetings or otherwise engaged
in committee duties.
(4) An employee shall not be discharged or discriminated
against by his or her employer because he or she makes any oral or written
complaint to the safety committee or any governmental agency having regulatory
responsibility for occupational safety and health, and any employee so discharged
or discriminated against shall be reinstated and shall receive reimbursement
for lost wages and work benefits caused by the employer's action.