23-406. Division of occupational safety and
health; director; appointment; qualifications; compensation


A. There shall be a division of occupational safety and health within the
industrial commission.


B. The director of the division of occupational safety and health shall be the
administrative head of the division under the control of the commission. The director
shall be appointed by the commission and shall be subject to the rules and regulations of
the personnel commission, pursuant to title 41, chapter 4, article 5.


C. The director shall be:


1. A person who has been employed in the safety or health profession a minimum of
ten years in the aggregate and is currently engaged in the broad practice of safety or
health or one of its relevant specialties or holds a degree from an accredited college or
university appropriate to the field of safety and health and has a minimum of five years'
experience in the broad practice of safety or one of its relevant specialties, and has
been registered or licensed by a state agency as a professional appropriate to his field
of safety and health or has been certified as competent within the broad practice of
safety or health or one of its relevant specialties by an organization recognized as
qualified by the American society of safety engineers or American industrial hygiene
association.


2. Competent to deal with the planning, design and needs of business operations as
the use of such operations relate to the safe, convenient and economic performance of
their business functions, with not less than three years' experience in an administrative
capacity in the field of occupational safety and health.


D. The salary of the director shall be determined pursuant to section 38-611.