PA 08-83—sHB 5537
Labor and Public Employees Committee
General Law Committee
AN ACT CONCERNING CONSTRUCTION SAFETY
SUMMARY: Under prior law, all employees performing manual labor on state or municipal building construction or repair projects of $100,000 or more had to prove they had completed a 10-hour construction safety and health course that met federal Occupational Safety and Health Administration (OSHA) Training Institute standards. This act, which affects contracts entered into on or after July 1, 2009, makes several changes in the law.
First, it expands the construction safety training requirement to any public works project, which includes sewage and water treatment plants, site work, road and bridge work, parking lots, drainage systems, and other public projects.
Second, instead of applying the training requirement to all projects of $100,000 or more, the act applies it to existing prevailing wage project thresholds. This means the requirement kicks in for (1) repair and renovation projects costing $100,000 or more and (2) new construction projects of $400,000 or more.
The proof of training required by law is an OSHA Institute-issued course completion card or other proof the labor commissioner deems appropriate. Prior law required the proof of training to be submitted no later than 30 days after the date the contract was awarded. Instead, the act requires the proof to accompany the first certified payroll for the first week that each employee begins work on the project.
Furthermore, it removes the requirement that the proof be sent to the labor commissioner. Under prevailing wage law, the contactor must send the certified payroll to the contracting state agency.
The act also creates training requirement exceptions for (1) employees of public service companies and (2) commercial vehicle drivers who either pick up at or deliver cargo to public work projects.
It requires the labor commissioner to adopt implementing regulations by January 1, 2009.
EFFECTIVE DATE: January 1, 2009
The act specifies that anyone performing the work of a mechanic, laborer, or worker must complete the safety training course rather than, as under prior law, any employee performing manual labor.
It allows a person performing such work to complete a new Federal Mine Safety and Health Administration training program, conducted in accordance with federal regulations, instead of the 10-hour OSHA course.
The safety training requirements do not apply to employees of public service companies, which statutes define to include electric, electric distribution, gas, telephone, telegraph, pipeline, sewage, and water companies; cable franchise holders; and railroad companies.
The act also exempts commercial vehicle drivers delivering or picking up cargo from a public works project site as long as the only labor they perform on-site is loading and unloading the cargo.
Training and Retraining of Miners
Federal regulations require all new miners to complete at least 40 hours of training. The regulations set standards and requirements for the training and require all firms that operate mines to have a training program that meets the federal standards.
Prevailing Wage Law
State prevailing wage law requires that contractors pay what is determined to be the prevailing wage in an area to employees and subcontractors employed on state and municipal public works contracts. The state Labor Department enforces this law. (There is a separate federal prevailing wage law that applies to federal projects. )
OLR Tracking: JM: VR: SS: dw