Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1174 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 1105 FILED ON: 1/18/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1174
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Paul R. Feeney
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 :Paul R. FeeneyBristol and Norfolk 1 of 4
16	16	SENATE DOCKET, NO. 1105 FILED ON: 1/18/2023
17	17	SENATE . . . . . . . . . . . . . . No. 1174
18	18	By Mr. Feeney, a petition (accompanied by bill, Senate, No. 1174) of Paul R. Feeney for
19	19	legislation relative to workplace safety and disclosure of violations. Labor and Workforce
20	20	Development.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 1190 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act relative to workplace safety and disclosure of violations.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Chapter 30B of the General Laws is hereby amended by inserting after
32	32	2section 4 the following section:-
33	33	3 Section 4A.
34	34	4 (a) For procurement contracts for supplies and services, including construction, that are
35	35	5estimated to cost more than $50,000, each awarding authority shall ensure that solicitations or
36	36	6invitations for bids require that the offeror represent, to the best of the offeror's knowledge and
37	37	7belief, whether there has been any Occupational Safety and Health Administration citation,
38	38	8notice, decision, or civil judgment rendered against the company, as a sole proprietorship,
39	39	9limited partnership, and/or limited liability partnership/corporation and/or any affiliated business 2 of 4
40	40	10or subsidiary of which the applicant is owner, manager, officer, and/or director within the
41	41	11preceding 4-year period for a violation of the federal Occupational Safety and Health Act of
42	42	121970, 29 U.S.C sections 651 to 678, including any settlement agreement and documentation
43	43	13verifying if hazards identified have been corrected.
44	44	14 (b) An awarding authority, prior to making an award, shall, as part of responsibility
45	45	15determination, provide an offeror with an opportunity to disclose any steps taken to correct any
46	46	16violations of or improve compliance with said federal Occupational Safety and Health Act of
47	47	171970, including any settlement agreement and documentation verifying if hazards identified have
48	48	18been corrected.
49	49	19 (c) An awarding authority shall consider the information provided pursuant to
50	50	20subsections (a) and (b) in determining whether an offeror is a responsible source.
51	51	21 (d) For any subcontract where the estimated value of the supplies and services required
52	52	22exceeds $50,000, an awarding authority shall require that, at the time of execution of the
53	53	23contract, a contractor represents to the contracting agency that the contractor will require each
54	54	24subcontractor to disclose to the awarding authority a citation, notice, decision or civil judgment,
55	55	25rendered against the subcontractor within the preceding 4-year period for a violation of said
56	56	26federal Occupational Safety and Health Act of 1970, said 29 U.S.C sections 651 to 678,
57	57	27including any settlement agreement and documentation verifying if hazards identified have been
58	58	28corrected, and to provide to the awarding authority updated information every 6 months.
59	59	29 (e) As appropriate, an awarding authority shall refer matters related to information
60	60	30provided pursuant to subsections (a), (b) and (d) of this section to the appropriate agency. 3 of 4
61	61	31 (f) During the performance of the contract, each awarding authority shall require that
62	62	32every 6 months contractors subject to this section update the information provided pursuant to
63	63	33subsection (a).
64	64	34 (g) If information regarding a citation, notice, decision or civil judgment, rendered
65	65	35against the offeror within the preceding 4-year period for any violations of said federal
66	66	36Occupational Safety and Health Act of 1970, said 29 U.S.C sections 651 to 678, including any
67	67	37settlement agreements and documentation verifying if hazards identified have corrected, or
68	68	38similar information is obtained through other sources, an awarding authority may request a copy
69	69	39of a citation and evidence of abatement of a hazard, and refer the offeror to appropriate agencies
70	70	40if a hazard has not been abated.
71	71	41 (h) An awarding authority shall require that if information regarding a citation, notice,
72	72	42decision or civil judgment, rendered against a contractor’s subcontractor within the preceding 4-
73	73	43year period for any violations of said federal Occupational Safety and Health Act of 1970, said
74	74	4429 U.S.C sections 651 to 678 is brought to the attention of the contractor or similar information
75	75	45is obtained through other sources, then the contractor shall inform the awarding authority and the
76	76	46awarding authority may request a copy of a citation and evidence of abatement of a hazard, and
77	77	47refer the subcontractor to appropriate agencies if a hazard has not been abated.
78	78	48 (i) As appropriate, awarding authorities shall send information provided pursuant to
79	79	49subsection (a) and subsection (d) of this section to the appropriate agency.
80	80	50 (j) Nothing in this section shall preclude the exercise or enforcement of any lawful rights
81	81	51or remedies. 4 of 4
82	82	52 SECTION 2. Section 2 of chapter 82A of the General Laws, as appearing in the 2014
83	83	53Official Edition, is hereby amended by inserting after the fourth sentence the following
84	84	54sentence:- A person making application for a trench excavation permit shall disclose in writing:
85	85	55 (a) Any citation, notice, decision or civil judgment rendered against the company, as a
86	86	56sole proprietorship, limited partnership, and/or limited liability partnership/corporation and/or
87	87	57any affiliated business or subsidiary of which the applicant is owner, manager, officer, and/or
88	88	58director within the preceding 4-year period for a violation of the federal Occupational Safety and
89	89	59Health Act of 1970, 29 U.S.C sections 651 to 678, including any settlement agreement and
90	90	60documentation verifying if hazards identified have been corrected; and
91	91	61 (b) (i) any prior suspension or revocation of a trench excavation permit held by applicant;
92	92	62(ii) any assessment of fines in relation to a trench excavation permit held by applicant; (iii) any
93	93	63prior immediate shutdown of a trench site by state or local authorities in relation to a trench
94	94	64excavation permit held by applicant; and (iv) the date of each incident.