HB2011 HFA SHOTT 2-6 #2

            Delegate Shott moves to amend the bill on page six, section (B), line seventy-nine, following the word, “condition.”, by inserting the words: “ Actual knowledge is a direct, conscious and clear awareness, perceived, recognized and understood clearly and with certainty by the employee’s immediate supervisor or any management personnel who have authority to direct and control the workforce or safety in the area or areas where a specific unsafe working condition is alleged to have existed.”

            And

            On page six, section one, line eighty, by striking out all of lines eighty through line one hundred and five and inserting in lieu thereof the following:

            “(1) In every case actual knowledge must specifically be proven by the employee or other person(s) seeking to recover under this section, and shall not be presumed under any circumstances. 

            (2) Actual knowledge is not established by constructive knowledge or by proof of what an employee’s immediate supervisor or management personnel should have known had they exercised reasonable care or been more diligent.

            (3) Any proof of the immediate supervisor or management personnel’s knowledge of prior accidents, near misses, safety complaints, or citations from regulatory agencies must be proven by documentary or other credible evidence.”

Adopted_________

Rejected_________