HOUSE DOCKET, NO. 3060        FILED ON: 1/20/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3158

The Commonwealth of Massachusetts

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PRESENTED BY:

James J. O'Day

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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 to further define standards of employee safety.

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PETITION OF:

HOUSE DOCKET, NO. 3060        FILED ON: 1/20/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3158

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1756 OF 2015-2016.]

The Commonwealth of Massachusetts

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

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An Act to further define standards of employee safety.

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. Chapter 149 of the General Laws is hereby amended by inserting, after section 6½, the following

Section:-  Section 6¾. (a) This section shall not apply to places of employment subject to section 6½. The department, after consulting with the advisory board established by subsection (b), shall adopt regulations that shall provide at least the level of protection to employees that is provided under the federal Occupational Safety and Health Act of 1970, 29 U.S.C. 651 et. seq., including standards and provisions of the general duty clause contained in 29 U.S.C. 654. In the absence of a state regulation, the department shall apply the applicable provisions of that act.

(b) The governor shall appoint a municipal occupational health and safety hazard subcommittee to the occupational health and safety hazard advisory board established in section 6½. The subcommittee shall consist of: the director of the division of labor standards or a designee, who shall serve as the chairperson; the president of the Massachusetts Municipal  Association, Inc. or a designee; the president of the Massachusetts Highway Association or a  designee; the president of the Massachusetts Association of School Committees, Inc. or a designee; the president of the Massachusetts Association of School Superintendents, Inc. or a designee; the president of the New England Water Works Association, Inc. or a designee; and the president of the Massachusetts Municipal Management Association or a designee.

The subcommittee, in consultation with the occupational health and safety hazard advisory board established in said section 6½, shall: (i) evaluate injury and illness data; (ii) recommend training and implementation of safety and health measures; (iii) monitor the effectiveness of safety and health programs; and (iv) determine whether additional measures are necessary to protect the safety and health of employees.

(c) The attorney general may bring a civil action for declaratory or injunctive relief to enforce this section.

SECTION 2. This act shall take effect 90 days after it’s enacted.