(a) It is the duty of county, municipal and other local governments to provide their employees with conditions of employment consistent with the objectives of this chapter, and to comply with standards developed under § 50-3-201.

(b) On or before July 1, 2006, or in the case of local governments created after July 1, 2004, within two (2) years following the creation of the local government, each local government shall elect whether to:

(1) Be treated as a private employer; or

(2) Develop its own program of compliance.

(c) If a local government elects to develop its own program of compliance, it shall prepare a statement in writing of the program, including a description of methods of inspection, and shall register the program with the commissioner of labor and workforce development, by sending to the commissioner by certified mail a written notification that includes:

(1) A statement that the local government elects to develop its own program of compliance;

(2) A statement that the program has been developed and has been reduced to writing;

(3) A statement of where the writing may be inspected;

(4) A statement that employees of the local government have been informed of the program and have access to the writing;

(5) An assurance that the program incorporates standards developed under § 50-3-201; and

(6) An assurance that the program includes provisions for inspection and record keeping as effective as the provisions of this chapter.

(d) If a local government does not file the notification, it shall be considered to have elected to be treated as a private employer.

(e) On or before July 1, 2016, each utility district created by private act shall elect to either:

(1) Be treated as a private employer; or

(2) Develop its own program of compliance.