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SENATE DOCKET, NO. 1105 FILED ON: 1/18/2023
SENATE . . . . . . . . . . . . . . No. 1174
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Paul R. Feeney
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to workplace safety and disclosure of violations.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Paul R. FeeneyBristol and Norfolk 1 of 4
SENATE DOCKET, NO. 1105 FILED ON: 1/18/2023
SENATE . . . . . . . . . . . . . . No. 1174
By Mr. Feeney, a petition (accompanied by bill, Senate, No. 1174) of Paul R. Feeney for
legislation relative to workplace safety and disclosure of violations. Labor and Workforce
Development.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1190 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act relative to workplace safety and disclosure of violations.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 30B of the General Laws is hereby amended by inserting after
2section 4 the following section:-
3 Section 4A.
4 (a) For procurement contracts for supplies and services, including construction, that are
5estimated to cost more than $50,000, each awarding authority shall ensure that solicitations or
6invitations for bids require that the offeror represent, to the best of the offeror's knowledge and
7belief, whether there has been any Occupational Safety and Health Administration citation,
8notice, decision, or civil judgment rendered against the company, as a sole proprietorship,
9limited partnership, and/or limited liability partnership/corporation and/or any affiliated business 2 of 4
10or subsidiary of which the applicant is owner, manager, officer, and/or director within the
11preceding 4-year period for a violation of the federal Occupational Safety and Health Act of
121970, 29 U.S.C sections 651 to 678, including any settlement agreement and documentation
13verifying if hazards identified have been corrected.
14 (b) An awarding authority, prior to making an award, shall, as part of responsibility
15determination, provide an offeror with an opportunity to disclose any steps taken to correct any
16violations of or improve compliance with said federal Occupational Safety and Health Act of
171970, including any settlement agreement and documentation verifying if hazards identified have
18been corrected.
19 (c) An awarding authority shall consider the information provided pursuant to
20subsections (a) and (b) in determining whether an offeror is a responsible source.
21 (d) For any subcontract where the estimated value of the supplies and services required
22exceeds $50,000, an awarding authority shall require that, at the time of execution of the
23contract, a contractor represents to the contracting agency that the contractor will require each
24subcontractor to disclose to the awarding authority a citation, notice, decision or civil judgment,
25rendered against the subcontractor within the preceding 4-year period for a violation of said
26federal Occupational Safety and Health Act of 1970, said 29 U.S.C sections 651 to 678,
27including any settlement agreement and documentation verifying if hazards identified have been
28corrected, and to provide to the awarding authority updated information every 6 months.
29 (e) As appropriate, an awarding authority shall refer matters related to information
30provided pursuant to subsections (a), (b) and (d) of this section to the appropriate agency. 3 of 4
31 (f) During the performance of the contract, each awarding authority shall require that
32every 6 months contractors subject to this section update the information provided pursuant to
33subsection (a).
34 (g) If information regarding a citation, notice, decision or civil judgment, rendered
35against the offeror within the preceding 4-year period for any violations of said federal
36Occupational Safety and Health Act of 1970, said 29 U.S.C sections 651 to 678, including any
37settlement agreements and documentation verifying if hazards identified have corrected, or
38similar information is obtained through other sources, an awarding authority may request a copy
39of a citation and evidence of abatement of a hazard, and refer the offeror to appropriate agencies
40if a hazard has not been abated.
41 (h) An awarding authority shall require that if information regarding a citation, notice,
42decision or civil judgment, rendered against a contractor’s subcontractor within the preceding 4-
43year period for any violations of said federal Occupational Safety and Health Act of 1970, said
4429 U.S.C sections 651 to 678 is brought to the attention of the contractor or similar information
45is obtained through other sources, then the contractor shall inform the awarding authority and the
46awarding authority may request a copy of a citation and evidence of abatement of a hazard, and
47refer the subcontractor to appropriate agencies if a hazard has not been abated.
48 (i) As appropriate, awarding authorities shall send information provided pursuant to
49subsection (a) and subsection (d) of this section to the appropriate agency.
50 (j) Nothing in this section shall preclude the exercise or enforcement of any lawful rights
51or remedies. 4 of 4
52 SECTION 2. Section 2 of chapter 82A of the General Laws, as appearing in the 2014
53Official Edition, is hereby amended by inserting after the fourth sentence the following
54sentence:- A person making application for a trench excavation permit shall disclose in writing:
55 (a) Any citation, notice, decision or civil judgment rendered against the company, as a
56sole proprietorship, limited partnership, and/or limited liability partnership/corporation and/or
57any affiliated business or subsidiary of which the applicant is owner, manager, officer, and/or
58director within the preceding 4-year period for a violation of the federal Occupational Safety and
59Health Act of 1970, 29 U.S.C sections 651 to 678, including any settlement agreement and
60documentation verifying if hazards identified have been corrected; and
61 (b) (i) any prior suspension or revocation of a trench excavation permit held by applicant;
62(ii) any assessment of fines in relation to a trench excavation permit held by applicant; (iii) any
63prior immediate shutdown of a trench site by state or local authorities in relation to a trench
64excavation permit held by applicant; and (iv) the date of each incident.