HOUSE DOCKET, NO. 2310        FILED ON: 1/19/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3633

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Byron Rushing

_________________

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 relative to workplace safety.

_______________

PETITION OF:

HOUSE DOCKET, NO. 2310        FILED ON: 1/19/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3633

The Commonwealth of Massachusetts

_______________

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

_______________

An Act relative to workplace 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 30B of the General Laws is hereby amended by inserting after section 4 the following section:-

Section 4A. (a) For procurement contracts for supplied and services, including construction, that are estimated to cost more than $50,000, each procurement officer shall ensure that solicitations or invitations for bids require that the offeror represent, to the best of the offeror's knowledge and belief, whether there has been an administrative merits determination, arbitral award or decision, or civil judgment, rendered against the offeror within the preceding 4-year period for a violation of the federal Occupational Safety and Health Act of 1970, 29 U.S.C sections 651 to 678, including any settlement agreement and documentation verifying if hazards identified have been corrected.

  (b) A procurement officer, prior to making an award, shall, as part of responsibility determination, provide an offeror with an opportunity to disclose any steps taken to correct any violations of or improve compliance with said federal Occupational Safety and Health Act of 1970, including any settlement agreement and documentation verifying if hazards identified have been corrected.

(c) A procurement officer shall consider the information provided pursuant to subsections (a) and (b) in determining whether an offeror is a responsible source that has a satisfactory record of integrity and business ethics.

(d) For any subcontract where the estimated value of the supplies and services required exceeds $50,000 and that is not for commercially available off-the-shelf items, a procurement officer shall require that, at the time of execution of the contract, a contractor represents to the contracting agency that the contractor will:  (i) require each subcontractor to disclose  an administrative merits determination or civil judgment, rendered against the offeror within the preceding 4-year period for a violation of said federal Occupational Safety and Health Act of 1970, said  29 U.S.C sections 651 to 678, including any settlement agreement and documentation verifying if hazards identified have been corrected, and to provide updated information every 6 months; and (ii) prior awarding a subcontract, consider the information submitted by the subcontractor pursuant to subclause (i)  in determining whether a subcontractor is a responsible source that has a satisfactory record of integrity and business ethics.

The contractor shall require that the subcontractor disclose  an administrative merits determination or civil judgment, rendered against the subcontractor within the preceding 4-year period for any violation of said federal Occupational Safety and Health Act of 1970, said 29 U.S.C sections 651 to 678, including any settlement agreements and documentation verifying if hazards identified have been corrected.

(e) As appropriate, a procurement officer shall refer matters related to information provided pursuant to subsections (a), (b) and (d) of this section to the appropriate agency.

(f)  During the performance of the contract, each contracting agency shall require that every 6 months contractors subject to this section update the information provided pursuant to subsection (a) and obtain the information required pursuant to subclause (i) of subsection (d) for covered subcontracts.

(g) If information regarding an administrative merits determination or civil judgment, rendered against the offeror within the preceding 4-year period for any violations of said federal Occupational Safety and Health Act of 1970, said 29 U.S.C sections 651 to 678, including any settlement agreements and documentation verifying if hazards identified have corrected, or similar information is obtained through other sources, a procurement officer may request a copy of citation and evidence of abatement of a hazard, and refer the offeror to appropriate agencies if a hazard has not been abated.

(h) A procurement officer shall require that if information regarding violations of said federal Occupational Safety and Health Act of 1970, said 29 U.S.C sections 651 to 678 by a contractor's subcontractor is brought to the attention of the contractor or similar information is obtained through other sources, then the contractor may request a copy of a citation and evidence of abatement of a hazard, and refer the subcontractor to appropriate agencies if a hazard has not been abated.

(i) As appropriate, procurement officers shall send information provided pursuant to subsection (a) and subclause (i) of subsection (d) of this section to the appropriate agency.

(j) Nothing in this section shall preclude the exercise or enforcement of any lawful rights or remedies.

SECTION 2. Section 2 of chapter 82A of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the fourth sentence the following sentence:- A person making application for a trench excavation permit shall disclose in writing: (i) any prior suspension or revocation of a trench excavation permit held by applicant; (ii) any assessment of fines in relation to a trench excavation permit held by applicant; (iii) any prior immediate shutdown of a trench site by state or local authorities in relation to a trench excavation permit held by applicant; and (iv) the date of each incident.