Amendment #73 to H3983

OSHA protections for state employees

Representatives Provost of Somerville, Lewis of Winchester, Andrews of Orange and O'Day of West Boylston moves to amend the bill by striking section 26 in its entirety (lines 140-163) and replacing with the following:-

SECTION 1.  Chapter 149 of the General Laws is hereby amended by inserting after section 6 the following section:-

Section 6½.  (a) The department and the personnel administrator as defined in section 4A of chapter 7, after consulting the advisory board established by subsection (b), shall jointly adopt regulations that shall provide at least the level of protection to all employees of the Commonwealth, its departments, boards, commissions and authorities as are provided under the federal Occupational Safety and Health Act, including standards and the provisions of the General Duty clause. In the absence of a state regulation, the department shall apply the applicable provisions of that act.

(b) The governor shall appoint an occupational health and safety hazard advisory board to evaluate injury and illness data, recommend training and implementation of safety and health measures, monitor the effectiveness of safety and health programs, and determine where additional resources are needed to protect the safety and health of the commonwealth's employees. The advisory committee shall be comprised as follows: the secretary of labor and workforce development, who shall serve as the co-chairperson; the personnel administrator, who shall serve as co-chairperson; the director of the division of labor standards; the secretary of administration and finance; the director of the office of employee relations; the commissioner of public health; the director of the department of industrial accidents; 4 representatives from labor unions representing the employees of the commonwealth; 1 representative from a community-based health and safety advocacy organization, and 1 member of the faculty of the department of work environment at the University of Massachusetts, Lowell.  An ex-officio member of the board may designate someone to act in the member’s place.

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

SECTION 2.  Section 1 of chapter 75 of the General Laws is hereby amended by adding between the words “chapter fifteen A” and “or in this chapter” the following words: “section 6 ½  of chapter 149.”

Additional co-sponsor(s) added to Amendment #73 to H3983

OSHA protections for state employees