HOUSE DOCKET, NO. 2476        FILED ON: 1/19/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2155

The Commonwealth of Massachusetts

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PRESENTED BY:

Adrian Madaro

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act requiring legal aviation service worker training.

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PETITION OF:

HOUSE DOCKET, NO. 2476        FILED ON: 1/19/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2155

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act requiring legal aviation service worker training.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

1)ALM Spec L ch. S73, § 1 is hereby amended to include 4 new subsections following the word “functions,” to read as follows:

(q)   The term “Covered Passenger or Cargo Handling Services” shall include Baggage handling; Passenger air carrier servicing; Passenger handling; Passenger security screening; Passenger airfield ground transportation; Cabin cleaning; Cargo and mail services; Flight crew transportation; Escort service; Collection of fees; and Aircraft deicing.

(r) The term “Covered Passenger or Cargo Handling Service Employee” shall mean any employee who performs any Covered Passenger or Cargo Handling Services at Logan Airport.

(s) The term “Covered Passenger or Cargo Handling Service Provider” shall mean any person or entity that employs Covered Passenger or Cargo Handling Services Employees to provide one or more Covered Passenger or Cargo Handling Services on contracts with air carriers at Logan Airport.

(t) The term “approved safety and emergency preparedness training provider” shall mean an entity that: (1) has no less than ten (10) years of experience providing safety and emergency preparedness training;(2) has a director or co-director that: (i) has demonstrated standards of good character, integrity and trustworthiness;(ii) has a minimum of three years’ experience as a police officer, peace officer or security guard; and (iii) possesses advanced academic credentials relating to public safety;  (3) has instructors who are certified by the American Heart Association or the Red Cross as an instructor in Basic Cardiopulmonary Resuscitation (CPR), Automated External Defibrillator (AED) machine usage and Basic First Aid; and (4) which has been approved to provide a safety and emergency preparedness training course or courses as set forth in Section 3C of this Chapter.

2)ALM Spec L ch. S73 is hereby amended to create a new §3C, to read as follows:

3C C

a)In addition to any other employee training required under applicable Federal or State law or regulations, all Covered Passenger or Cargo Handling Service Providers shall provide a forty (40) hour safety and emergency preparedness training to all Covered Passenger or Cargo Handling Service Employees.  The initial training shall be completed within sixty (60) days of hire for new employees and within one hundred eighty (180) days of enactment of this Section for existing employees.  Following the initial training, each Covered Passenger or Cargo Handling Service Employee shall be provided annually with an eight (8) hour refresher training. Such trainings shall be provided by an approved safety and emergency preparedness training provider at no expense to the Covered Passenger or Cargo Handling Service Employee. All Covered Passenger or Cargo Handling Service Employees shall be compensated at their regular hourly rate for the time spent participating in the trainings.  The trainings shall cover, without limitation, the following subjects:

(1)Understanding the roles of various agencies and businesses at the airport;

(2)Emergency situations and response procedures; appropriate prevention and response methods to emergencies including fire, chemical spills, terrorist threats, workplace violence, medical emergencies, biohazards, and natural disasters, including evacuation and disaster recovery;

(3)Developing observation, detection, customer service and reporting skills that can help detect, prevent and respond to incidents;

(4)What is expected of workers during an incident;

(5)Basic Cardiopulmonary Resuscitation (CPR), Automated External Defibrillator (AED) machine usage and Basic First Aid;

(6)Communications protocols that connect Covered Passenger or Cargo Handling Service Employees to the broader airport community to ensure they have the information they need to play the roles they need to play;

b)In order to be approved by the Authority, the safety and emergency preparedness training provider shall file a copy of the proposed curriculum(s) with the Authority. The curriculum(s) shall be in a form prescribed by the Authority and shall include, but not be limited to: (1) the name of the safety and emergency preparedness training provider; (2) a chronological listing of topics, including the date, time and number of hours allotted to each topic; and (3) the names of the school director and  co-director (if applicable) as well as the safety and emergency preparedness training  instructor(s) and the type of instructor certification(s) held by each safety and emergency preparedness training instructor and school director or co-director if such school director or co-director holds instructor certification(s). The Authority may require any additional information deemed necessary for the purposes of approving a safety and emergency preparedness training, including the determination of the good character, integrity and trustworthiness of the applicant. The Authority shall provide a written approval of a safety and emergency preparedness training to be conducted when a determination has been made that the information provided warrants such approval.

c)All Covered Passenger or Cargo Handling Service Providers shall submit the following information to the Authority on the fifteenth (15th) day of the third calendar month following enactment of this Section , and subsequently on the fifteenth (15th) day of every third calendar month:

(1)A sworn statement certifying compliance with the requirements of this Section;

(2)A list of all Covered Passenger or Cargo Handling Service Employees, indicating which of those employees were hired during the previously completed three (3) calendar months;

(3)A certified list of all Covered Passenger or Cargo Handling Service Employees that completed an approved forty (40) hour safety and emergency preparedness training during the previously completed (3) calendar months;

(4)A certified list of all Covered Passenger or Cargo Handling Service Employees that completed an approved eight (8) hour safety and emergency preparedness refresher training during the previously completed (3) calendar months.

d)For failure to comply with the requirements of this Section, a Covered Passenger or Cargo Handling Service Provider shall be punished by the Authority for each such failure as follows:

(1)First offense - by a warning or fine not to exceed $ 500.00

(2)Second offense by a fine not less than $ 500.00 and not more than $ 1000.00.

(3)Third or subsequent offense by a fine not less than $ 1000.00 and not more than $ 2000.

(4)In addition to the penalties set forth above, for failure to comply with this Section, the Authority may terminate the Covered Passenger or Cargo Handling Service Provider’s operating agreement or suspend the Covered Passenger or Cargo Handling Service Provider’s right to perform services at Logan for a period of time to be determined by the Authority.