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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2096 By: Bennett
AS INTRODUCED
An Act relating to public buildings and public works;
creating the Safety Training for Employees Performing
Construction Work wit h Governmental Entities;
defining terms; requiring certain contracts to
provide for construction safety training; providing
for notice and penalty; providing for administration
of act; providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 401 of Title 61, unless there is
created a duplication in numbering, reads as follow s:
A. This act shall be known and may be cited as the "Safety
Training for Employees Performing Construction Work with
Governmental Entities ".
B. As used in this section:
1. "Construction contract " means a contract or agreement for
the performance of ge neral construction for a governmental entity;
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2. "Construction safety training " means a construction and
general industry safety training class approved by the federal
Occupational Safety and Health Administration that is at least ten
(10) hours in duration;
3. "Contractor" means a person, firm or corporation contracting
with a governmental entity for general construction;
4. "Employee" means an individual paid by a contractor or
subcontractor to perform genera l construction work or services;
5. "General construction" means:
a. erecting or preparing to erect a structure, including
a building, bridge, roadway, public utility facility,
or related structure,
b. remodeling, extending, repair ing or demolishing a
structure, or
c. otherwise improving real prope rty or a structure
related to real property;
6. "Governmental entity" means this state, a political
subdivision of this state, including a municipality, county, public
school district, or authority; and
7. "Subcontractor" means a person, firm or corporation
contracting with a contractor for general c onstruction.
C. To the extent consistent with federal law, a governmental
entity that enters into a construction contract shall require that
the contractor ensure that all employees working on the general
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construction site that is the subject of the construction contract
have successfully completed construction safety training. Before an
employee works on the general construction site, the contractor
shall receive and provide to the governmental entity a cert ificate
of training completion for the employee.
D. A governmental entity that enters into a construction
contract shall include in the contract notice and penalty provisions
that:
1. Require the governmental entity to provide the contractor
with written notice, hand delivered or by certified mail, of a
violation of subsection C of this section by the contractor;
2. Require the contractor to comply with subsection C of this
section by the twentieth day after the date the contractor receives
any notice of noncompliance with that subsection;
3. Inform a contractor that the governmental entity may impose
an administrative penalty if the contractor fails to comply with
subsection C of this section after the twentieth day after the date
the contractor receive s any notice of noncompliance with that
subsection; and
4. Explain that a penalty amount may be withheld from a payment
otherwise owed to the contractor under the construction contract.
E. The amount of a penalty imposed under paragraph 3 of
subsection D of this section shall be One Hundred Dollars ($100.00)
per day for each employee working in noncompliance.
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F. Each governmental entity shall develop procedures for the
administration of this section.
SECTION 2. This act shall become effe ctive November 1, 2023.
59-1-6171 LRB 12/28/22