Requires employees or representatives of the Dept. of Transportation and Development to comply with a contractor's safety and environmental plan on department projects
Impact
The enactment of HB 857 alters the existing legal landscape by explicitly placing the onus of safety compliance on DOTD employees while on job sites. A notable aspect of the bill is that it stipulates that contractors will not be held liable for injuries sustained by department employees if those injuries are due to the employees' failure to adhere to the contractor's safety and environmental plans. This could result in a shift in accountability, effectively protecting contractors from liability under specific circumstances, thus potentially encouraging stricter adherence to safety protocols by employees.
Summary
House Bill 857 mandates that all employees or representatives of the Department of Transportation and Development (DOTD) are required to comply with a contractor's safety and environmental plan while performing work on department projects. This is aimed at ensuring that safety standards established by contractors are maintained during the execution of projects in which the DOTD is involved. This legislative action reflects an effort to enhance workplace safety protocols significantly and could potentially decrease workplace incidents linked to non-compliance with established safety measures.
Sentiment
The overall sentiment surrounding HB 857 appears supportive among proponents of increased worker safety. Legislators advocating for the bill see it as a necessary measure to foster a safe working environment on construction sites operated by the DOTD. However, some may voice concerns regarding the implications of protecting contractors from liability, suggesting this might lead to a lack of accountability among contractors or diminish necessary oversight regarding worker safety protocols.
Contention
One point of contention previously noted in discussions of the bill includes the balance between ensuring safety compliance and protecting the rights and welfare of state employees. Some stakeholders may argue that by absolving contractors from liability, there could be less incentive for contractors to maintain rigorous safety standards. Critics might express that the bill underestimates the responsibilities of contractors and overlooks the necessity for employees to have recourse in the event of negligent safety measures. Ultimately, the legislation prompts discussions about the effectiveness and sufficiency of safety regulations in the workplace.
Provides relative to the designation of highway safety corridors by the Department of Transportation and Development and the Louisiana Department of Transportation and Development
Provides for $100,000 death benefit for an employee of the Department of Transportation and Development who is killed in a hazardous situation in the course and scope of his employment (EN SEE FISC NOTE SD EX See Note)
Reforms the organizational structure for the Department of Transportation and Development including its duties, powers, and responsibilities of officers and employees (EN INCREASE SD EX See Note)
Requires Department of Transportation and Development to award contracts and issue a "notice to proceed" within sixty days of receipt of bids. (8/1/13)