Responsibilities of Employers

For the purposes of this section, an employer is an individual or incorporated entity that pays wages or salaries to workers, or is a self-employed worker (an individual who defines his own duties and schedule).

Employers must enforce a policy which assures that workers whose competent performance is directly necessary to maintain the physical safety of others are not asked or allowed to work a schedule that can be expected to compromise their alertness or judgement.   Specifically, the work schedule is so limited for any worker whose assigned activities include the operation of machinery when common errors endanger others, the manipulation of hazardous substances when common errors endanger others, the performance of medical duties, or the performance of guard or field law enforcement duties.   The work schedule of such a worker must provide for at least 8 contiguous hours of sleep in any 24 hour period and 32 contiguous hours without work-related responsibilities in any 7 day period.   If the period designated for sleep is shifted by four or more hours earlier or later over the course of a week, then for a period of 72 hours following attainment of the four hour shift threshold, the worker cannot be assigned any duties the competent performance of which is directly necessary to maintain the physical safety of others.

The above scheduling constraints do not apply to the military in time of war, or to military training that affects only active military personnel, or to workers fulfilling government contracts or workers for monopolies, during declared war or natural disaster, when the government contract or monopoly work directly aids the wartime effort or emergency response to natural disaster.

Employers must through a means of their choice, but subject to subsequent scrutiny in legal proceedings, verify the fitness for duty of workers with duties the competent performance of which is directly necessary to maintain the physical safety of others.

Employers must assure that each worker is informed of the rules of his workplace(s), and of the known dangers of his workplace and duties. The employer must assure that a thoroughgoing investigation of the dangers of the workplaces is performed.

Except when a worker is self-employed, an employer must pay a worker for all medical costs and unavoidably lost earnings if he sustains a physical injury in a workplace controlled by the employer while tending to his duties of employment and conforming to the law and the rules of that workplace.

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This is a preliminary draft. Pending changes are in The To-Do List