1 of 1
HOUSE DOCKET, NO. 3801 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 2096
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Michelle M. DuBois
_________________
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 :DATE ADDED:Michelle M. DuBois10th Plymouth1/17/2025 1 of 4
HOUSE DOCKET, NO. 3801 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 2096
By Representative DuBois of Brockton, a petition (accompanied by bill, House, No. 2096) of
Michelle M. DuBois relative to workplace safety. Labor and Workforce Development.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1871 OF 2023-2024.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
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, as appearing in the 2020 Official
2Edition, is hereby amended by inserting after section 4 the following section:-
3 Section 4A. (a) For procurement contracts for supplies and services, including
4construction, that are estimated to cost more than $50,000, each awarding authority shall ensure
5that solicitations or invitations for bids require that the offeror represent, to the best of the
6offeror's knowledge and belief, whether there has been any Occupational Safety and Health
7Administration citation, notice, decision, or civil judgment rendered against the company, as a
8sole proprietorship, limited partnership, and/or limited liability partnership/corporation and/or
9any affiliated business or subsidiary of which the applicant is owner, manager, officer, and/or
10director within the preceding 4-year period for a violation of the federal Occupational Safety and 2 of 4
11Health Act of 1970, 29 U.S.C sections 651 to 678, including any settlement agreement and
12documentation verifying if hazards identified have been corrected.
13 (b) An awarding authority, prior to making an award, shall, as part of responsibility
14determination, provide an offeror with an opportunity to disclose any steps taken to correct any
15violations of or improve compliance with said federal Occupational Safety and Health Act of
161970, including any settlement agreement and documentation verifying if hazards identified have
17been corrected.
18 (c) An awarding authority shall consider the information provided pursuant to
19subsections (a) and (b) in determining whether an offeror is a responsible source.
20 (d) For any subcontract where the estimated value of the supplies and services required
21exceeds $50,000, an awarding authority shall require that, at the time of execution of the
22contract, a contractor represents to the contracting agency that the contractor will require each
23subcontractor to disclose to the awarding authority a citation, notice, decision or civil judgment,
24rendered against the subcontractor within the preceding 4-year period for a violation of said
25federal Occupational Safety and Health Act of 1970, said 29 U.S.C sections 651 to 678,
26including any settlement agreement and documentation verifying if hazards identified, have been
27corrected, and to provide to the awarding authority updated information every 6 months.
28 (e) As appropriate, an awarding authority shall refer matters related to information
29provided pursuant to subsections (a), (b), and (d) of this section to the appropriate agency.
30 (f) During the performance of the contract, each awarding authority shall require that
31every 6 months contractors subject to this section update the information provided pursuant to
32subsection (a). 3 of 4
33 (g) If information regarding a citation, notice, decision, or civil judgment, rendered
34against the offeror within the preceding 4-year period for any violations of said federal
35Occupational Safety and Health Act of 1970, said 29 U.S.C sections 651 to 678, including any
36settlement agreements and documentation verifying if hazards identified have corrected, or
37similar information is obtained through other sources, an awarding authority may request a copy
38of a citation and evidence of abatement of a hazard, and refer the offeror to appropriate agencies
39if a hazard has not been abated.
40 (h) An awarding authority shall require that if information regarding a citation, notice,
41decision or civil judgment, rendered against a contractor’s subcontractor within the preceding 4-
42year period for any violations of said federal Occupational Safety and Health Act of 1970, said
4329 U.S.C sections 651 to 678 is brought to the attention of the contractor or similar information
44is obtained through other sources, then the contractor shall inform the awarding authority and the
45awarding authority may request a copy of a citation and evidence of abatement of a hazard, and
46refer the subcontractor to appropriate agencies if a hazard has not been abated.
47 (i) As appropriate, awarding authorities shall send information provided pursuant to
48subsection (a) and subsection (d) of this section to the appropriate agency.
49 (j) Nothing in this section shall preclude the exercise or enforcement of any lawful rights
50or remedies.
51 SECTION 2. Section 2 of chapter 82A of the General Laws, as appearing in the 2020
52Official Edition, is hereby amended by inserting after the fourth sentence on line 13 the
53following sentence:- A person making application for a trench excavation permit shall disclose in
54writing: (a) Any citation, notice, decision or civil judgment rendered against the company, as a 4 of 4
55sole proprietorship, limited partnership, and/or limited liability partnership/corporation and/or
56any affiliated business or subsidiary of which the applicant is owner, manager, officer, and/or
57director within the preceding 4-year period for a violation of the federal Occupational Safety and
58Health Act of 1970, 29 U.S.C sections 651 to 678, including any settlement agreement and
59documentation verifying if hazards identified have been corrected; and
60 (b) (i) any prior suspension or revocation of a trench excavation permit held by the
61applicant; (ii) any assessment of fines in relation to a trench excavation permit held by applicant;
62(iii) any prior immediate shutdown of a trench site by state or local authorities in relation to a
63trench excavation permit held by applicant; and (iv) the date of each incident.