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HOUSE DOCKET, NO. 1068 FILED ON: 1/16/2013 HOUSE . . . . . . . . . . . . . . . No. 1760
The Commonwealth of Massachusetts _________________ PRESENTED BY: Tom Sannicandro _______________ To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying: An Act relative to strengthening the civil penalties of stop work orders under the workers' compensation statute. _______________ PETITION OF:
HOUSE DOCKET, NO. 1068 FILED ON: 1/16/2013 HOUSE . . . . . . . . . . . . . . . No. 1760
[SIMILAR MATTER FILED IN PREVIOUS SESSION
An Act relative to strengthening the civil penalties of stop work orders under the workers' compensation statute. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: SECTION 1. Subsection (1) of section 25C, of chapter 152 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by replacing the last sentence and inserting in place thereof the following:- Such order shall take effect immediately upon its service upon said employer, unless such employer provides evidence, satisfactory to the commissioner or his designee, of having secured any necessary insurance or self-insurance and pays a civil penalty into the private employer trust fund in an amount equal to three times the amount the employer would have paid in premium for coverage in the assigned risk pool, during any period the employer illegally failed to secure insurance or self-insurance as required by section 25A of this chapter. Said period shall include the first full day the employer failed to secure insurance or self-insurance through the date of payment of the penalty herein provided and of production of evidence of insurance or self insurance. If said period is determined to be seven business days or less, the employer shall pay into the private employer trust fund two hundred fifty dollars for each day the employer failed to secure insurance or self insurance. SECTION 2. Subsection (2) of section 25C, of chapter 152 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by replacing the fifth sentence of the first paragraph and inserting in place thereof the following:- If the commissioner or his designee finds at the hearing that the employer did or has not provided for all insurance or self-insurance required by this chapter, the stop work order shall be effective immediately on the conclusion of the hearing and shall remain in effect until such time as the employer provides evidence, satisfactory to the commissioner or his designees, of having secured any necessary insurance or self-insurance and pays a civil penalty into the private employer trust fund in the amount of those penalties contained in subsection (1) of section 25C of this chapter. |