O.C.G.A. § 43-44-17 (2019)
Effect on activities of employers acting under Occupational Safety and Health Act of 1970
Nothing contained in this article shall limit or affect the activities of any employer or any person acting on behalf of any employer under the provisions of the Occupational Safety and Health Act of 1970 or any standard promulgated pursuant to said act, including, without limitation, the performance of hearing tests by a technician as part of a workplace hearing conservation program, provided that the technician who performs audiometric tests shall be responsible to a licensed audiologist or physician.
History
Code 1981, § 43-44-18, enacted by Ga. L. 1989, p. 1602, § 1; Code 1981, § 43-44-17, as redesignated by Ga. L. 2006, p. 1077, § 1/HB 1112; Ga. L. 2021, p. 690, § 4/HB 34. The 2021 amendment, effective July 1, 2021, substituted ‘‘this article’’ for ‘‘this chapter’’ near the beginning of this Code section.
Annotations
Editor's notes. - The former Code section, concerning termination, was based on Ga. L. 1981, Ex. Sess. p. 8 (Code Enactment Act) and Ga. L. 1987, p. 1072, § 1. The version of this Code section in effect until 1987, concerning penalties and forfeiture of license upon conviction, was repealed by Ga. L. 1987, p. 1072, § 1, effective July 1, 1987 and was based on Ga. L. 1974, p. 1009, § 14. Similar provisions of law were enacted by Ga. L. 1987, p. 1072, § 1 as Code Section 43-44-16.
Ga. L. 2006, p. 1077, § 1, effective January 1, 2007, redesignated Code Section 43-44-18 as Code Section 43-44-17.
U.S. Code. - The federal Occupational Safety and Health Act of 1970, referred to in this Code section, is found at 29 U.S.C. § 651 et seq.
RESEARCH REFERENCES
ALR. - Who is "employer" for purposes of Occupational Safety and Health Act (29 USCA § 651 et seq.), 153 A.L.R. Fed. 303.
43-44-18. Redesignated.
Editor's notes. - The former provisions of this Code section, concerning the effect of this chapter on activities of employers acting under the Occupational Safety and Health Act of 1970, were renumbered as Code Section 43-44-17 by Ga. L. 2006, p. 1077, § 1, effective January 1, 2007. The former provisions of this Code section in effect until July 1, 1987, concerning termination of the board, were renumbered as Code Section 43-44-17 [repealed] by Ga. L. 1987, p. 1072, § 1, effective July 1, 1987.
- - - - - - - - - -
CHAPTER 45 PERSONS ENGAGED IN STRUCTURAL PEST CONTROL
Sec.
43-45-1. Short title.
43-45-2. Definitions.
43-45-3. Creation of commission; composition; vacancies; number of members who may represent a single business entity.
43-45-4. Terms of office; eligibility of member to succeed himself.
43-45-5. Election of officers; action by vote of four members; meetings.
43-45-6. Reimbursement of commission members.
43-45-7. Commissioner as secretary of commission.
43-45-8. General powers and duties of commission.
43-45-9. Examination for certification as an operator; evidence from applicants as to employment of qualified operators; insurance requirements; required statements in contracts for service.
43-45-10. Registration of employees and agents; registration certificates; employee training.
43-45-11. Transfer of licenses, certifications, and registrations; procedure upon change of status of licensee.
43-45-12. Suspension, cancellation, and revocation of licenses, certifications, and registrations; unlawful acts.
43-45-13. Restrictions on advertising.
43-45-14. Designation of resident agents by nonresident licensees and certified operators.
43-45-15. Issuance of business license by municipalities or other political subdivisions; local business license fees and occupation taxes.
43-45-16. Promulgation of regulations.
43-45-17. Enforcement authority of Commissioner.
43-45-18. Applicability of the "Georgia Administrative Procedure Act."
43-45-19. Inspection of licensees' records by Commissioner.
43-45-20. Injunctions.
43-45-21. Exceptions to operation of chapter.
43-45-22. Authority to refuse license to applicant convicted of violation of chapter.
43-45-23. Interference with or obstruction of inspector.
43-45-24. Engaging in pest control business without a license; engaging in field work or soliciting accounts without registering or obtaining certification.
43-45-24.1. Civil penalty; negotiated settlements; hearings and procedure; disposition of penalties; judicial review; judgments.
43-45-25. Penalty.
43-45-26. Termination [Repealed].
Cross references. - Authority of Commissioner of Agriculture to impose penalty in lieu of other action, § 2-2-10.
Editor's notes. - Ga. L. 1983, p. 739 provided for the transfer of certain functions relating to structural pest control from the joint-secretary of the state examining boards to the Commissioner of Agriculture; see Code Sections 43-45-2, 43-45-7, 43-45-8, and 43-45-10. Section 8 of that Act, not codified by the General Assembly, provided (pursuant to Code Section 45-12-90) for the transfer of funds appropriated for the administration and enforcement of this chapter from the Secretary of State to the Department of Agriculture.
Administrative Rules and Regulations. - Administration and organization, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Structural Pest Control Commission, Chapter 620-1.
OPINIONS OF THE ATTORNEY GENERAL
Applicability to renting out truck with extermination supplies. - Equipping truck with pest control equipment and making the equipment available for the use of the property owners would be engaging in activities covered by statutory provisions and would be subject to the statute's requirements. 1962 Op. Att'y Gen. p. 14.
RESEARCH REFERENCES
Am. Jur. 2d. - 2 Am. Jur. 2d, Administrative Law, § 21 et seq. 15A Am. Jur. 2d, Commerce, §§ 1 et seq., 90 et seq. 16A Am. Jur. 2d, Constitutional Law, §§ 266, 284 et seq., 332, 339 et seq. 39 Am. Jur. 2d, Health, §§ 1 et seq., 25 et seq. 51 Am. Jur. 2d, Licenses and Permits, § 1 et seq. 58 Am. Jur. 2d, Occupations, Trades and Employees, § 1 et seq. 72 Am. Jur. 2d, States, Territories and Dependencies, §§ 42, 64 et seq. 73 Am. Jur. 2d, Statutes, §§ 17 et seq., 58 et seq.
C.J.S. - 15 C.J.S., Commerce, §§ 9 et seq., 83 et seq., 111 et seq. 16 C.J.S., Constitutional Law, § 280 et seq. 16A C.J.S., Constitutional Law, § 580 et seq. 16B C.J.S., Constitutional Law, §§ 1055-1058, 1444-1448. 16D C.J.S., Constitutional Law, §§ 2085, 2086. 53 C.J.S., Licenses, § 6 et seq. 67 C.J.S., Officers and Public Employees, § 12 et seq. 73 C.J.S., Public Administrative Law and Procedure, § 50 et seq. 73 C.J.S., Public Administrative Law and Procedure, § 146 et seq. 81A C.J.S., States, § 120 et seq. 82 C.J.S., Statutes, §§ 203, 281.
ALR. - Failure to procure occupational or business license or permit as affecting validity or enforceability of contract, 30 A.L.R. 834, 42 A.L.R. 1226, 118 A.L.R. 646.