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| 2 | 2 | | HOUSE DOCKET, NO. 3974 FILED ON: 1/20/2023 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1921 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Rita A. Mendes |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act establishing equality and safety in the workplace. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Rita A. Mendes11th Plymouth1/20/2023Michelle M. DuBois10th Plymouth2/7/2023Patrick Joseph Kearney4th Plymouth2/16/2023 1 of 2 |
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| 16 | 16 | | HOUSE DOCKET, NO. 3974 FILED ON: 1/20/2023 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1921 |
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| 18 | 18 | | By Representative Mendes of Brockton, a petition (accompanied by bill, House, No. 1921) of |
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| 19 | 19 | | Rita A. Mendes, Michelle M. DuBois and Patrick Joseph Kearney relative to establishing |
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| 20 | 20 | | equality and safety in the workplace. Labor and Workforce Development. |
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| 21 | 21 | | The Commonwealth of Massachusetts |
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| 22 | 22 | | _______________ |
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| 23 | 23 | | In the One Hundred and Ninety-Third General Court |
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| 24 | 24 | | (2023-2024) |
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| 25 | 25 | | _______________ |
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| 26 | 26 | | An Act establishing equality and safety in the workplace. |
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| 27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 28 | 28 | | of the same, as follows: |
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| 29 | 29 | | 1 1. |
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| 30 | 30 | | 2 General Law Chapter 152 is hereby amended by adding subsection 87. Any employer, |
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| 31 | 31 | | 3who does not report within 24 hours a work-related incident resulting in in-patient |
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| 32 | 32 | | 4hospitalization, amputation, or the loss of an eye, shall be fined $100 per day for each day the |
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| 33 | 33 | | 5report has not been made. The $100 shall be payable to the employee. Such payment shall be |
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| 34 | 34 | | 6recorded with the Department of Industrial Accidents by the employer in writing by mail. Said |
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| 35 | 35 | | 7employer shall retain a copy of the report and a copy of the check payable to the employee and |
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| 36 | 36 | | 8the details of days not reported for 2 years. |
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| 37 | 37 | | 9 a. The report must be made to a Department of Labor, Occupational Safety and |
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| 38 | 38 | | 10Health Administration (OSHA) office in Massachusetts when the injury occurred in |
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| 39 | 39 | | 11Massachusetts. When the injury occurred outside of Massachusetts, then to the OSHA Office in |
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| 40 | 40 | | 12the state where the injury occurred the reporting shall be made. All regulations of OSHA as to 2 of 2 |
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| 41 | 41 | | 13the office to which to report the injury shall be made shall supersede the reporting requirements |
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| 42 | 42 | | 14of this section as to where to report. The content of the report shall include the name, address, |
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| 43 | 43 | | 15and telephone number of the employee and any known witnesses along with a brief description |
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| 44 | 44 | | 16of the injury if known to the employer, the name and address, and telephone number of the |
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| 45 | 45 | | 17employer and the name of a contact person at the employer. |
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| 46 | 46 | | 18 1. Footnote: 29 CPR 1904.39(a)(2): Employers are required within 24 hours a work- |
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| 47 | 47 | | 19related incident resulting in in-patient hospitalization, amputation or the loss of an eye to report |
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| 48 | 48 | | 20to OSHA. |
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