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BILL AS INTRODUCED 2007-2008

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H.661

Introduced by Representatives Moran of Wardsboro, Consejo of Sheldon, Deen of Westminster, Donovan of Burlington, Edwards of Brattleboro, Fisher of Lincoln, Howard of Rutland City, Hutchinson of Randolph, Martin of Springfield, Masland of Thetford, McCormack of Rutland City, Mook of Bennington, Sharpe of Bristol, Smith of Morristown and Weston of Burlington

Referred to Committee on

Date:

Subject:  Labor; public construction projects; OSHA safety training

Statement of purpose:  This bill proposes to require contractors on governmental building and public works projects with a contract cost of $100,000.00 or more to certify that each on-site employee has completed an Occupational Safety and Health Administration construction safety training program.

AN ACT RELATING TO ENSURING HEALTH AND SAFETY ON PUBLIC CONSTRUCTION PROJECTS BY REQUIRING OSHA SAFETY TRAINING

It is hereby enacted by the General Assembly of the State of Vermont:


Sec. 1.  29 V.S.A. § 161(d) is amended to read:

(d)  This section shall not apply to maintenance or construction projects carried out by the departments of highways and forests, parks and recreation.

Any person signing a contract to work on a construction, reconstruction, alternation, remodeling, installation, demolition, maintenance, or repair of any public work or building by a state agency, municipality, or instrumentality of state or local government and funded in whole or in part with state funds with a total project cost of $100,000.00 or more shall provide for each of the on-site employees an Occupational Safety and Health Administration (OSHA)

10-hour construction safety program that utilizes an OSHA-approved curriculum.  The program must be successfully completed by all on-site employees prior to beginning work, and each graduate shall receive a card from OSHA certifying successful completion of the program.  Any on-site employee who is found not to have completed the program shall be subject to removal from the work site, unless the employee provides documentation of having completed the program within 15 days after being found not to be in compliance with this subsection.  The commissioner of labor shall adopt rules to implement and enforce this subsection.  The commissioner shall assess a civil penalty of $100.00 per day per employee against an employer that is not in compliance with this subsection, and may also assess a civil penalty of up to $2,500.00 against that employer.  The following are exempt from the requirements of this subsection:

(1)  Law enforcement officers involved with traffic control or jobsite security.

(2)  Flagging personnel who have completed the training required by the department of transportation.

(3)  Federal, state, and municipal government employees and inspectors.

(4)  Individuals who are not considered to be on the work site under the Davis-Bacon Act, including construction and nonconstruction delivery personnel and nontrade personnel.

Sec. 2.  DEPARTMENT OF LABOR; USE OF PROCEEDS FROM

PENALTIES; SAFETY PROGRAMS

The department of labor shall propose in its annual budget request that at least 80 percent of the proceeds generated by penalties collected under

29 V.S.A. § 161(d) be directed back to the department to fund safety programs.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us