HB2354 H EIL AM #1 2/27

    The Committee on Energy, Industry and Mining moved to amend the bill on page one, section twenty-two, following line twenty-two, by striking the remainder of the bill and inserting in lieu thereof the following:

    “(a) Definitions.

    (1) The term “construction”, as used in this section, means any construction, reconstruction, improvement, enlargement, painting, decorating or repair of any public improvement let to contract the value of which contract is over $25,000. The term “construction” does not include temporary or emergency repairs.

    (2) The term “contractor” means any employer working on a public improvement without regard to whether they are serving as the prime or subcontractor to another.

    (3) The term “employee” means a laborer, mechanic or other worker. For the purposes of this section, employee does not include those persons employed or hired directly by a public authority on a regular or temporary basis; federal, state or municipal employees serving as inspectors; delivery personnel; or law-enforcement officers involved with traffic control or job site security. Furthermore, employee does not include those persons employed by a contractor who do not work in public improvement construction.

    (4) The term “public authority”, as used in this section, means any officer, board or commission or other agency of the State of West Virginia, its counties or municipalities or any political subdivision thereof, authorized by law to enter into a contract for the construction of a public improvement, including any institution supported, in whole or in part, by public funds of the State of West Virginia, and this article applies to expenditures of these institutions made, in whole or in part, from public funds.

    (5) The term “public improvement”, as used in this section, includes all buildings, roads, highways, bridges, streets, alleys, sewers, ditches, sewage disposal plants, waterworks, airports and all other structures upon which construction may be let to contract by the State of West Virginia, its counties or municipalities or any political subdivision thereof.

    (b) No public authority may award a public improvement contract which is to be let to bid to a contractor unless the terms of the contract require the contractor and its subcontractors to implement and maintain a written policy that each of its employees that will be performing construction work on the site of the public improvement will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration (OSHA) that is at least 10 hours in duration (OSHA 10-hour). The contractors or subcontractors shall provide a sworn statement in writing, under the penalties of perjury, that they maintain this policy in compliance with this section. The contract shall provide that if an employee is found on a worksite subject to this section without documentation of successful completion of the course required by this section, the employee is subject to immediate removal. Notwithstanding any provision of this section to the contrary, any employee without documentation of successful completion of an OSHA 10-hour course may work on-site at a public improvement project subject to this section for up to 7 days: Provided, That he or she is directly supervised by another employee who has successfully completed in OSHA 10-hour course.

    (c) All contractors and subcontractors shall provide a copy of proof of completion of the OSHA 10-hour course by each of its employees subject to this section by attaching a course completion card issued by the Federal Occupational Safety and Health Administration Training Institute to the first certified payroll submitted to the contracting public authority. The contractor and subcontractor shall in like manner attach a copy of the course completion card for any new or additional employee not contained on the first certified payroll on the first certified payroll in which a new or additional employee is first listed.

    (d) The labor commissioner may assess a civil penalty of up to $3000 per day against any contractor for failing to maintain or enforce the policy requiring OSHA-10 certification. In addition, the labor commissioner may assess a civil penalty of up to $500 per employee for each day of noncompliance with the policy and the requirements of this section.”.