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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 797 By: Brooks
AS INTRODUCED
An Act relating to public buildings and publi c works;
creating the Safety Training for Employees Performing
Construction Work with Govern mental Entities;
providing short title; defining terms; requiring
certain contracts to provide for construction safety
training; providing for notice and penalty; providing
for administration of act; providing for
noncodification; providing for codificatio n; 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 not to be
codified in the Oklahoma Statu tes reads as follows:
This act shall be known and m ay be cited as the “Safety Training
for Employees Performing Construction Work with Governmental
Entities”.
SECTION 2. 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 follows:
A. For the purposes of this section:
1. “Construction contract” means a contract or agreement for
the performance of general constru ction for a governmental entity;
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2. “Construction safety training ” means a construction and
general industry safety training class approved by the fede ral
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 gove rnmental 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, repairing, or demolishing a
structure, or
c. otherwise improving real property or a str ucture
related to real property;
6. “Governmental entity” means this state, or a political
subdivision of this state, including a municipality, county, public
school district, or authority;
7. “On site” means the locations where individuals are working
or involved in the act of working; and
8. “Subcontractor” means a person, firm, or corporation
contracting with a contractor for general c onstruction.
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B. 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 wo rking on site of the
general construction site that is the subject of the construction
contract have completed construction safety training. Before an
employee works on the general construction site, the contractor
shall receive and provide to the governm ental entity a certificate
of training completion fo r the employee.
C. 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 cont ractor
with written notice, hand delivered or by cer tified mail, of a
violation of subsection B of this section by the contractor;
2. Require the contractor to comply with subsection B of this
section by the twentieth business day after the date the contr actor
receives any notice of noncompliance with that subsecti on;
3. Inform a contractor t hat the governmental entity may impose
an administrative penalty if the contractor fails to comply with
subsection B of this section after the twentieth business day after
the date the contractor receives any notice of noncompliance wit h
that subsection; and
4. Explain that a penalty amount may be withheld from a payment
otherwise owed to the contractor under the cons truction contract.
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D. The amount of a penalty impo sed under paragraph 3 of
subsection C of this section is One Hundred Dollars ($100.00) per
day for each employee working in noncompliance.
E. Each governmental entity shall develop procedures for the
administration of this section.
SECTION 3. This act shall become effective November 1, 2023.
59-1-1252 MR 1/18/2023 9:20:56 PM