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| 2 | 2 | | HOUSE DOCKET, NO. 160 FILED ON: 1/6/2025 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 2075 |
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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 | | Tackey Chan |
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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 requiring OSHA training. |
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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:Tackey Chan2nd Norfolk1/6/2025 1 of 2 |
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| 16 | 16 | | HOUSE DOCKET, NO. 160 FILED ON: 1/6/2025 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 2075 |
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| 18 | 18 | | By Representative Chan of Quincy, a petition (accompanied by bill, House, No. 2075) of Tackey |
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| 19 | 19 | | Chan for legislation to require that certain construction industry employers provide occupational |
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| 20 | 20 | | safety and health administration training to employees. Labor and Workforce Development. |
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| 21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 22 | 22 | | SEE HOUSE, NO. 1842 OF 2023-2024.] |
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| 23 | 23 | | The Commonwealth of Massachusetts |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | In the One Hundred and Ninety-Fourth General Court |
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| 26 | 26 | | (2025-2026) |
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| 27 | 27 | | _______________ |
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| 28 | 28 | | An Act requiring OSHA training. |
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| 29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 30 | 30 | | of the same, as follows: |
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| 31 | 31 | | 1 Chapter 143 of the General Laws, as appearing in the 2022 Official Edition, is hereby |
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| 32 | 32 | | 2amended by inserting after section 100 the following new sections:- |
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| 33 | 33 | | 3 Section 101. Any employer in the construction industry that contracts with clients or |
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| 34 | 34 | | 4customers in residential, commercial, or public works projects, and whose business is subject to |
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| 35 | 35 | | 5oversight by the United States Occupational Safety and Health Administration, shall have its |
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| 36 | 36 | | 6employees receive no less than 10 hours of Occupational Safety and Health Administration |
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| 37 | 37 | | 7training. Employers that contract independent contractors shall require the independent |
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| 38 | 38 | | 8contractor to provide evidence of completing at least 10 hours of a training course approved by |
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| 39 | 39 | | 9the Occupational Safety and Health Administration. 2 of 2 |
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| 40 | 40 | | 10 Any employer who utilizes employees without the required training shall be fined $2,500 |
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| 41 | 41 | | 11in the first instance, $5,000 in a second instance and $10,000 for each subsequent instance. |
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| 42 | 42 | | 12Should an employee or contractor die as a violation of this section or a death is found in violation |
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| 43 | 43 | | 13the United States Occupational Safety and Health Administration shall be fined $25,000; |
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| 44 | 44 | | 14provided that no fines shall be issued until the investigation is completed as to the cause of death. |
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| 45 | 45 | | 15The board shall keep a list of violations of this section and violations publically available from |
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| 46 | 46 | | 16United States Occupational Safety and Health Administration and the reason for a violation |
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| 47 | 47 | | 17available and ready for access by the public. |
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| 48 | 48 | | 18 The board shall promulgate rules and regulations on this section, including but not |
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| 49 | 49 | | 19limited to, providing a list of available training providers, providing when employees should be |
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| 50 | 50 | | 20trained again after the initial training and a way for consumers and employees to report |
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| 51 | 51 | | 21violations to the board. |
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| 52 | 52 | | 22 Section 102. The board shall promulgate guidelines by which cities and towns may issue |
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| 53 | 53 | | 23permits to employers in the construction industry that violates section 101 or the United States |
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| 54 | 54 | | 24Occupational Safety and Health Administration, and have been investigated and fines and |
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| 55 | 55 | | 25penalties issued against them. This law shall not restrict routine home maintenance performed by |
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| 56 | 56 | | 26homeowners. Projects that are completed for less than or equal to $10,000.00 remain exempt |
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| 57 | 57 | | 27from this law. |
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