Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1871 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2593 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1871
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Michelle M. DuBois
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to workplace safety and disclosure of violations.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Michelle M. DuBois10th Plymouth1/19/2023 1 of 4
16	16	HOUSE DOCKET, NO. 2593 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1871
18	18	By Representative DuBois of Brockton, a petition (accompanied by bill, House, No. 1871) of
19	19	Michelle M. DuBois relative to workplace safety. Labor and Workforce Development.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE HOUSE, NO. 1966 OF 2021-2022.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act relative to workplace safety and disclosure of violations.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Chapter 30B of the General Laws, as appearing in the 2020 Official
31	31	2Edition, is hereby amended by inserting after section 4 the following section:-
32	32	3 Section 4A. (a) For procurement contracts for supplies and services, including
33	33	4construction, that are estimated to cost more than $50,000, each awarding authority shall ensure
34	34	5that solicitations or invitations for bids require that the offeror represent, to the best of the
35	35	6offeror's knowledge and belief, whether there has been any Occupational Safety and Health
36	36	7Administration citation, notice, decision, or civil judgment rendered against the company, as a
37	37	8sole proprietorship, limited partnership, and/or limited liability partnership/corporation and/or
38	38	9any affiliated business or subsidiary of which the applicant is owner, manager, officer, and/or
39	39	10director within the preceding 4-year period for a violation of the federal Occupational Safety and 2 of 4
40	40	11Health Act of 1970, 29 U.S.C sections 651 to 678, including any settlement agreement and
41	41	12documentation verifying if hazards identified have been corrected.
42	42	13 (b) An awarding authority, prior to making an award, shall, as part of responsibility
43	43	14determination, provide an offeror with an opportunity to disclose any steps taken to correct any
44	44	15violations of or improve compliance with said federal Occupational Safety and Health Act of
45	45	161970, including any settlement agreement and documentation verifying if hazards identified have
46	46	17been corrected.
47	47	18 (c) An awarding authority shall consider the information provided pursuant to
48	48	19subsections (a) and (b) in determining whether an offeror is a responsible source.
49	49	20 (d) For any subcontract where the estimated value of the supplies and services required
50	50	21exceeds $50,000, an awarding authority shall require that, at the time of execution of the
51	51	22contract, a contractor represents to the contracting agency that the contractor will require each
52	52	23subcontractor to disclose to the awarding authority a citation, notice, decision or civil judgment,
53	53	24rendered against the subcontractor within the preceding 4-year period for a violation of said
54	54	25federal Occupational Safety and Health Act of 1970, said 29 U.S.C sections 651 to 678,
55	55	26including any settlement agreement and documentation verifying if hazards identified, have been
56	56	27corrected, and to provide to the awarding authority updated information every 6 months.
57	57	28 (e) As appropriate, an awarding authority shall refer matters related to information
58	58	29provided pursuant to subsections (a), (b), and (d) of this section to the appropriate agency.
59	59	30 (f) During the performance of the contract, each awarding authority shall require that
60	60	31every 6 months contractors subject to this section update the information provided pursuant to
61	61	32subsection (a). 3 of 4
62	62	33 (g) If information regarding a citation, notice, decision, or civil judgment, rendered
63	63	34against the offeror within the preceding 4-year period for any violations of said federal
64	64	35Occupational Safety and Health Act of 1970, said 29 U.S.C sections 651 to 678, including any
65	65	36settlement agreements and documentation verifying if hazards identified have corrected, or
66	66	37similar information is obtained through other sources, an awarding authority may request a copy
67	67	38of a citation and evidence of abatement of a hazard, and refer the offeror to appropriate agencies
68	68	39if a hazard has not been abated.
69	69	40 (h) An awarding authority shall require that if information regarding a citation, notice,
70	70	41decision or civil judgment, rendered against a contractor’s subcontractor within the preceding 4-
71	71	42year period for any violations of said federal Occupational Safety and Health Act of 1970, said
72	72	4329 U.S.C sections 651 to 678 is brought to the attention of the contractor or similar information
73	73	44is obtained through other sources, then the contractor shall inform the awarding authority and the
74	74	45awarding authority may request a copy of a citation and evidence of abatement of a hazard, and
75	75	46refer the subcontractor to appropriate agencies if a hazard has not been abated.
76	76	47 (i) As appropriate, awarding authorities shall send information provided pursuant to
77	77	48subsection (a) and subsection (d) of this section to the appropriate agency.
78	78	49 (j) Nothing in this section shall preclude the exercise or enforcement of any lawful rights
79	79	50or remedies.
80	80	51 SECTION 2. Section 2 of chapter 82A of the General Laws, as appearing in the 2020
81	81	52Official Edition, is hereby amended by inserting after the fourth sentence on line 13 the
82	82	53following sentence:- A person making application for a trench excavation permit shall disclose in
83	83	54writing: (a) Any citation, notice, decision or civil judgment rendered against the company, as a 4 of 4
84	84	55sole proprietorship, limited partnership, and/or limited liability partnership/corporation and/or
85	85	56any affiliated business or subsidiary of which the applicant is owner, manager, officer, and/or
86	86	57director within the preceding 4-year period for a violation of the federal Occupational Safety and
87	87	58Health Act of 1970, 29 U.S.C sections 651 to 678, including any settlement agreement and
88	88	59documentation verifying if hazards identified have been corrected; and
89	89	60 (b) (i) any prior suspension or revocation of a trench excavation permit held by the
90	90	61applicant; (ii) any assessment of fines in relation to a trench excavation permit held by applicant;
91	91	62(iii) any prior immediate shutdown of a trench site by state or local authorities in relation to a
92	92	63trench excavation permit held by applicant; and (iv) the date of each incident.