Senate Bill No. 204
(By Senators Klempa, Miller, Stollings, Prezioso, Wills, Yost and Kessler (Acting President))
[Introduced January 19, 2011; referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-3-22, relating to requiring onsite employees at certain public works construction projects to complete an Occupational Safety and Health Administration-approved ten-hour construction safety program prior to beginning work; civil penalties; and exemptions.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §21-3-22, to read as follows:
ARTICLE 3. SAFETY AND WELFARE OF EMPLOYEES.
§21-3-22. OSHA safety construction program.
(a) Any person submitting a bid for, or signing a contract to work on, the construction, reconstruction, alteration, remodeling or repairs of any public work by the state, or political subdivision thereof, where the total cost of all work to be performed by all contractors and subcontractors in connection with the contract is at least a cost of $1,000 or more, shall have an Occupational Safety and Health Administration (OSHA) ten-hour construction safety program for their on-site employees.
(1) All employees are required to complete the program prior to beginning work. The training program shall utilize an OSHA-approved curriculum. Graduates shall receive a card from OSHA certifying the successful completion of the training program.
(2) Any employee found on a worksite subject to this section 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 ten hours in duration shall be subject to immediate removal.
(3) All contractors and subcontractors must attach a copy of proof of completion of the OSHA 10 course by submitting a course completion card issued by the federal Occupational Safety and Health Administration Training Institute to the first certified payroll submitted to the contracting agency and on each succeeding payroll where any new or additional employee is first listed.
(b) The Labor Commissioner may assess a civil penalty of up to $3,000for noncompliance with the requirements of subsection (a) of this section. In addition such an employer shall be assessed a civil penalty of $500 per employee for each day of noncompliance.
(c) The following individuals are exempt from the requirements of the OSHA ten-hour construction safety program:
(1) Law-enforcement officers involved with traffic control or job site security;
(2) All relevant federal, state and municipal government employees and inspectors; and
(3) All delivery personnel.
NOTE: The purpose of this bill is to require onsite employees at certain public works construction projects to complete an Occupational Safety and Health Administration (OSHA) approved ten-hour construction safety program prior to beginning work.
This section is new; therefore, strike-throughs and underscoring have been omitted.