SB193: relative to Occupational Safety and Health Administration Certification requirements for state contracts.

SB 193 – AS AMENDED BY THE SENATE

03/10/05 0542s

2005 SESSION

05-1026

05/10

SENATE BILL 193

AN ACT relative to Occupational Safety and Health Administration Certification requirements for state contracts.

SPONSORS: Sen. Gallus, Dist 1; Sen. Larsen, Dist 15; Sen. Hassan, Dist 23; Sen. Barnes, Dist 17; Sen. D’Allesandro, Dist 20; Rep. H. Richardson, Coos 2; Rep. Theberge, Coos 4; Rep. Mears, Coos 4; Rep. Clemons, Hills 24; Rep. Michon, Hills 25

COMMITTEE: Internal Affairs

AMENDED ANALYSIS

This bill requires bidders on state building and public works contracts over $10,000 to certify that the employees have completed an Occupational Safety and Health Administration safety course.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/10/05 0542s

05-1026

05/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to Occupational Safety and Health Administration Certification requirements for state contracts.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Occupational Safety and Health Administration Certification. Amend RSA 277 by inserting after section 5 the following new section:

277:5-a Occupational Safety and Health Administration Certification.

I. Any person submitting a bid for, or signing a contract to work on, the construction, reconstruction, alteration, remodeling, installation, demolition, maintenance, or repair of any public work or building by a state agency or instrumentality thereof and estimated by the awarding authority to cost more than $10,000, shall certify on such bid or contract, under penalties of perjury, as follows: that all employees to be employed at the worksite shall have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration at the time the employee begins work and that documentation of successful completion of said course shall be provided to the awarding authority prior to the time each employee begins work.

II. Any employee found on the worksite without documentation of successful completion of a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration shall have 60 days to comply with the requirements of this section.

III. The labor commissioner shall have the authority to enforce and investigate alleged violations of this section. Upon a finding of noncompliance, the commissioner shall refer the matter to the department of justice for appropriate legal action, including instituting proceedings in superior court to restrain the award of the contract or to require performance of the contract.

2 Applicability. This act shall apply to all contracts entered into on or after July 1, 2007.

3 Effective Date. This act shall take effect 60 days after its passage.