Thursday, December 3, 2009

10 Hour Construction State Laws Pt. 1

MISSOURI - August 28, 2009

This is extracted from Missouri's Summary of the Truly Agreed Version of the Bill.  It essentially states that all workers on a public work project must be OSHA 10-hour certified.  Failure to meet this requirment will result in a heft fine courtesy of OSHA.  This law is now in effect.
Contractors and subcontractors who contract to work on public works projects must provide a 10-hour OSHA construction safety program, or similar program approved by the Department of Labor and Industrial Relations, to be completed by their on-site employees within 60 days of beginning work on the construction project. Contractors and subcontractors in violation of this provision will forfeit to the public body $2,500 plus $100 a day for each employee who is employed without training. Public bodies and contractors may withhold assessed penalties from the payment due to those contractors and subcontractors.

View the rest of the bill here.

NEW YORK - July 18, 2008
New York's law only required OSHA 10 training on public jobs with a total contractual value of $250,000.00 or more.  Laborers, workers and mechanics working on the site must have OSHA 10-hour training. This law is currently under effect.
OSHA 10-hour Construction
Safety and Health Course – S1537-A
This provision is an addition to the existing prevailing wage rate law, Labor Law §220, section 220-h. It requires that on all public work projects of at least $250,000.00, all laborers, workers and mechanics working on the site, be certified as having successfully completed the OSHA 10-hour construction safety and health course. It further requires that the advertised bids and contracts for every public work contract of at least $250,000.00, contain a provision of this requirement.

NEVADA - January 1, 2010

Nevada requires all supervisors to take OSHA 30-hour training within 15 days of being hired, and all other workers to recieve OSHA 10-hour training withing 15 days of being hired.  This bill forces employers to to suspend or fire any workers on a public job site that cannot show of having taken the course.  All employers who do not act accordingly within 15 days will recieve a fine.  According to this, employers have the option of providing an alternative to the OSHA 10 and 30 courses.  This law will be effective starting January 1, 2010.

Assembly Bill No. 148–Committee on Commerce and Labor

AN ACT relating to occupational safety; requiring employees on a construction site to receive certain health and safety training; and providing other matters properly relating thereto. Legislative Counsel’s Digest:

Section 10 of this bill requires: (1) supervisory employees working on a construction site to complete a specified 30-hour health and safety course not later than 15 days after being hired; and (2) all other construction workers working on the construction site to complete a specified 10-hour course not later than 15 days after being hired.
Section 8 of this bill requires the Division of Industrial Relations of the Department of Business and Industry to adopt regulations approving courses which may be used to fulfill the requirements of section 10.
Section 8.5 of this bill requires providers of approved courses to display the card evidencing their authorization by the Occupational Safety and Health Administration of the United States Department of Labor to provide such a course at the location at which the course is being provided.
Section 11 of this bill requires employers to suspend or terminate the employment of an employee on a construction site who fails to provide proof of obtaining the required training not later than 15 days after being hired.
Section 12 of this bill provides for administrative fines for employers who fail to suspend or terminate certain employees on a construction site after the 15-day period if those employees have not obtained the required training.
Section 15 of this bill: (1) allows employees to satisfy the requirements of section 10 of this bill by completing an alternative course offered by their employer; (2) requires an employee that satisfies the requirements of section 10 by completing an alternative course to take an approved course before January 1, 2011; and (3) requires an employer to maintain and make available to the Division of Industrial Relations a record of all employees that have completed an alternative course until a date to be established by the Division by Regulation.
View the rest here.

How long will it be until OSHA courses are mandatory in your State? 
Online OSHA 10 Hour Training
Online OSHA 30 Hour Training