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HOUSE DOCKET, NO. 2252         FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2297

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Bradley H. Jones, Jr.

_______________

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 provide a safe workplace for employees of the Commonwealth and its political subdivisions.

_______________

PETITION OF:

 

Name:

District/Address:

Bradley H. Jones, Jr.

20th Middlesex

Donald F. Humason, Jr.

4th Hampden

Geoff Diehl

7th Plymouth

F. Jay Barrows

1st Bristol

Richard Bastien

2nd Worcester

Donald H. Wong

9th Essex

Todd M. Smola

1st Hampden

Sheila C. Harrington

1st Middlesex

Paul K. Frost

7th Worcester

George N. Peterson, Jr.

9th Worcester

Elizabeth A. Poirier

14th Bristol

Viriato Manuel deMacedo

1st Plymouth


HOUSE DOCKET, NO. 2252        FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2297

By Mr. Jones of North Reading, a petition (accompanied by bill, House, No. 2297) of Bradley H. Jones, Jr. and others to provide a safe workplace for employees of the Commonwealth and its political sub-divisions.  Labor and Workforce Development. 

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1812 OF 2009-2010.]


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Eleven

_______________

 

An Act to provide a safe workplace for employees of the Commonwealth and its political subdivisions.
 

              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, as appearing in the 2008 Official Edition, is hereby amended by inserting, after section 40, a new section 40A as follows:

              (a) Notwithstanding any general or special law to the contrary, the division of occupational safety shall apply federal occupational and health standards applicable to private sector employees to employees of the commonwealth and its political subdivisions. Such standards shall include all statutory and regulatory requirements enforced by the Occupational Safety and Health Administration with respect to private sector employees, including, without limiting the generality of the foregoing, the general duty clause.

              Nothing herein shall affect any state standard that exceeds the standards applied by the Occupational Health and Safety Administration.

              (b) The division shall have authority to conduct investigations. The commissioner shall have authority to issue subpoenas and subpoenas duces tecum to compel the attendance of witnesses and the production of documents.

              (c) The commissioner of the division may promulgate regulations and may issue corrective orders when a violation of this section or regulations promulgated hereunder is found. Proceedings concerning the issuance of regulations or corrective orders to public officials shall be adjudicatory proceedings pursuant to chapter 30A and shall be subject to judicial review accordingly.

              (d) With respect to the exercise of its responsibilities under this section, the division shall be within the department of labor but not subject to its direction and control.

              (e) The effective date of this section with respect to cities and towns shall be subject to the provisions of section 27C of chapter 29 of the General Laws.

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