48-443 Safety committee; when required; membership; employee rights and remedies. - Nebraska Statutes

48-443. Safety committee;when required; membership; employee rights and remedies.(1)(a) Not later than January1, 1994, every public and private employer subject to the Nebraska Workers'Compensation Act shall establish a safety committee. Such committee shalladopt and maintain an effective written injury prevention program.(b) A clientof a professional employer organization is not relieved of its obligationto establish a safety committee based on its workers being co-employees ofthe professional employer organization. A professional employer agreementshall not allocate the client's responsibility to establish a safety committeeto the professional employer organization. For purposes of this subdivision,the terms client, professional employer organization, and professional employeragreement shall have the same meaning as in section 48-2702. This subdivisionbecomes operative on January 1, 2012.(2)(a)For employers subject to collective-bargaining agreements, the establishmentof the safety committee shall be accomplished through the collective-bargainingprocess.(b) For employers not subject to collective-bargaining agreements,the safety committee shall be composed of an equal number of members representingemployees and the employer. Employee members shall not be selected by theemployer but shall be selected pursuant to procedures prescribed in rulesand regulations adopted and promulgated by the Commissioner of Labor.(c) The cost of maintaining and operating the safety committeeshall be minimal to the employer.(3) An employer shall compensate employee members of thesafety committee at their regular hourly wage plus their regular benefitswhile the employees are attending committee meetings or otherwise engagedin committee duties.(4) An employee shall not be discharged or discriminatedagainst by his or her employer because he or she makes any oral or writtencomplaint to the safety committee or any governmental agency having regulatoryresponsibility for occupational safety and health, and any employee so dischargedor discriminated against shall be reinstated and shall receive reimbursementfor lost wages and work benefits caused by the employer's action. SourceLaws 1993, LB 757, § 32; Laws 2010, LB579, § 19. Cross ReferencesNebraska Workers' Compensation Act, see section 48-1,110.