2nd Redraft 147

Budget Amendment ID: FY2015-S4-147-R2

2nd Redraft GOV 147

Extending Safety Protections to Employees of the Executive Branch of the Commonwealth

Messrs. Pacheco, Eldridge and Michael O. Moore moved that the proposed new text be amended moved that the bill be amended by inserting, after section ____, the following new section:-

SECTION 79A. Chapter 149 of the General Laws is hereby amended by inserting after section 6 the following section:-

Section 6½. (a) This section shall apply to places of employment subject to section 28 of chapter 7. The department and the personnel administrator, after consulting the advisory board established by subsection (b), shall jointly adopt regulations that shall provide at least the level of protection to employees as is provided under the federal Occupational Safety and Health Act, 29 U.S.C. §§ 651 et seq., including standards and the provisions of the General Duty clause, 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 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 employees of the commonwealth. The board shall consist of: (i) the secretary of labor and workforce development or a designee, who shall serve as the co-chair; (ii) the personnel administrator or a designee, who shall serve as co-chair; (iii) the director of the department of labor standards or a designee; (iv) the secretary of administration and finance or a designee; (v) the director of employee relations or a designee; (vi) the commissioner of public health or a designee; (vii) the director of industrial accidents or a designee; (viii) 4 representatives from labor unions representing the commonwealth employees; (ix) 1 representative from a community-based health and safety advocacy organization; and (x) 1 member of the faculty of the department of work environment at the University of Massachusetts at Lowell.