Title 10 — Health and Safety
112 chapters · 2,597 sections in this title.
10 GCA § 87101 Definitions
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(a) Standards shall mean those safety and health standards, rules and regulations made applicable to the Government of Guam after enactment of COL120106 same into local law or temporarily promulgated, modified or waived, as provided by Section 87107 of this Chapter. (b) Agency sh…
10 GCA § 87102 Division of Inter-governmental Occupational Safety and
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Health Created. There is within the Government of Guam the Division of Occupational Safety and Health which shall be administratively attached to the Department of Labor. Administratively attached shall mean that the Director will have overall authority over the Division's budget…
10 GCA § 87103 Administrator
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There shall be within the Division an Administrator who shall act as the Chief Officer and direct the operations of the Division. The Administrator shall be hired by the Director and shall be in the classified service as established by the Director of Administration. The Administ…
10 GCA § 87104 Duties of the Division
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The general duties of the Division shall be: (a) to continually review and modify safety standards and rules, and to recommend to the Legislature enactment of same; (b) to continually monitor and enforce enacted or temporarily promulgated safety and health standards within the Go…
10 GCA § 87105 Safety Standards to be Recommended to the Legislature
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Within ninety (90) days from the effective date of this Chapter, the Division shall recommend to the Legislature enactment of specific safety and health standards for the Government of Guam. Such standards to be considered by the Division shall include, but not be limited to, sta…
10 GCA § 87106 Review of Safety Standards Prioritized
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COL120106 In its consideration of standards to be recommended to the Legislature for enactment, the Division shall prioritize same. The first three priorities shall be: (a) toxic, chemical or hazardous substance storage and handling, including, but not limited to, the acquisition…
10 GCA § 87107 Temporary Waiver, Modification, Promulgation and
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Enforcement of Standards Authorized. The Division is hereby authorized to temporarily waive or modify any locally-enacted standard or rule on an individual agency basis provided compliance of said standard, prior to waiver or modification, may, in the written opinion of both the …
10 GCA § 87108 Safety Inspectors and Other Employees
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In addition to clerical personnel hired by the Administrator with the concurrence of the Director and in accordance with the personnel and compensation laws, the Division shall be staffed by six (6) Safety Inspectors, each representing one of the following safety disciplines: hea…
10 GCA § 87109 Annual Inspections and Report
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At least once a year, every agency shall be inspected by the Division. Such inspection shall include, but not be limited to, on-site inspection of every facility, discussion with employees, and assessment of any educational, training and safety programs, including, but not limite…
10 GCA § 87110 Other Inspections Authorized
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In addition to annual and follow-up inspections, the Division may (a) inspect any agency for safety violations upon the written request of any person, organization or group of persons; and (b) conduct 'spot' or 'no notice' inspections for any safety deficiencies without prior not…
10 GCA § 87111 Employee Hazard Reporting Program
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The following procedure is set forth for the submission of employee reports of unsafe or unhealthful conditions in the work place: (a) All Government of Guam employees shall be encouraged to orally report unsafe or unhealthful working conditions to their immediate supervisor who …
10 GCA § 87112 Government of Guam to Furnish Information
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Every agency shall at all times cooperate with the Division in the performance of its functions, and, upon request, furnish the Division all information that it may require respecting any of the matters concerning employee safety, health or working conditions, and shall permit th…
10 GCA § 87113 30-Day Citation Issued
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The Administrator shall cause a 30-day citation to be issued to the Chief Officer of the affected agency when: (a) violation(s) have been identified in the annual inspection report and no substantial action to correct same has taken place by the deadline set by Safety Inspectors;…
10 GCA § 87114 30-Day Citation Removed
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A 30-Day Citation may be withdrawn only on the written approval of the Administrator or by written order of the Safety Review Board. If violation(s) cited in a 30-Day Citation are corrected any time within the thirty (30) days specified, the Division shall be informed and an insp…
10 GCA § 87115 Standing Citation Issued
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In the event that an agency of the Government of Guam does not take action to correct violations cited in a 30-Day Citation within the thirty (30) days specified, the Administrator shall recommend issuance of a Standing Citation to the Safety Review Board. In the event the Safety…
10 GCA § 87116 Standing Citation Removed
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A Standing Citation may be withdrawn only on the written approval of the Administrator or on written order of Safety Review Board. If violation(s) cited in a Standing Citations are corrected at any time after issuance, the Division shall be informed and an inspection shall be mad…
10 GCA § 87117 Safety Review Board Created
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There is hereby created a Safety Review Board comprised of five (5) members who shall be appointed by the Governor with the advice and consent of the Legislature. One shall be an attorney who has experience in representing accident victims; one shall be an attorney who has experi…
10 GCA § 87118 Safety Review Board Meetings Public
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All meetings, hearings and deliberations of the Board shall be public and minutes kept. The only exception to open and public meetings, hearings and deliberations shall be those concerning personnel matters of the Division. Personnel matters of the Division shall not, however, me…
10 GCA § 87119 Duties of Safety Review Board
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The Safety Review Board shall meet at least once a month to: (a) hear agency appeals from citations issued by the Division and to make a determination as provided herein; or (b) to act on recommendations from the Division as provided herein. SOURCE: Added by P.L. 19-19:2.
10 GCA § 87120 Safety Review Board May Make Rules and Establish Fees
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In the hearings before it, the Board is not bound by the procedures set out in the Administrative Adjudication Law, 5 GCA Chapter 9, Article 2, but may establish its own procedures for the conduct of hearings and the admission of evidence. It shall establish its own procedures ho…
10 GCA § 87121 Appeals
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The Chief Officer of any agency of the Government of Guam may file a notice of appeal with the Safety Review Board from a citation issued by the Division. This Notice of Appeal shall be in writing stating briefly the reason the agency feels the citation is unjustified. A copy of …
10 GCA § 87122 May Compel Witnesses and Furnish Information
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In making a determination and in all proceedings before it, the Board shall have the same powers respecting administering oaths, compelling the attendance of witnesses, the production of documentary evidence, and examining witnesses as are possessed by the Superior Court. In case…
10 GCA § 87123 Division Priorities
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In addition to the priorities outlined in Sections 87105 and 87106 of this Chapter, during its first year of operation, the Division shall conduct its annual, follow-up and 'no notice' investigations of the Government of Guam as provided in Sections 87109 and 87110 of this Chapte…
10 GCA § 87124 Report to the Governor
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Within one (1) year after the effective date of this Chapter, the Division shall furnish a report to the Governor, recommending on an agency-by- agency basis: (a) remedial rules and legislation with respect to safety standards; (b) detailing safety and health deficiencies, includ…
10 GCA § 87125 Employees not to be Compelled to Work in Unsafe Conditions
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After citation of an unsafe working condition by the Division, no employee may be compelled or in any way coerced to work in an unsafe working condition. Anyone who compels or coerces an employee to do so shall be guilty of a misdemeanor, and, in addition, shall be held personall…
10 GCA § 87126 Unauthorized Removal of Citation Prohibited
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Anyone, other than the Administrator or his designee, who removes a citation issued by the Division shall be guilty of a felony, and, in addition, shall be held personally liable for actual and punitive damages of any employee who suffers injury as a result of removal of said cit…
10 GCA § 87127 Safety Training Mandatory
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Every employee, whether in the classified or unclassified service, shall spend a specified number of hours each year in the safety training of his or her agency to be eligible for promotion and/or cost of living adjustment. The specified number of hours shall be determined by the…
10 GCA § 87128 Severability
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If any of the provisions of this Chapter, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect any other provision or application of this Chapter which can be given effect without the invalid provision or application, and to …