AN ACT RELATIVE TO THE OCCUPATIONAL HEALTH AND SAFETY REQUIREMENTS
AN ACT relative to Occupational Safety and Health Administration certification requirements for state contracts and establishing a commission to recommend a comprehensive program for increasing the use of passenger restraints in New Hampshire.
Be it Enacted by the Senate and House of Representatives in General Court convened:
326:1 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 signing a contract to work on a construction, reconstruction, alteration, remodeling, installation, demolition, maintenance, or repair of any public work or building by a state agency, municipality, or instrumentality thereof, and with a total project cost of $100,000 or more, shall have an Occupational Safety and Health Administration (OSHA) 10-hour construction safety program (OSHA 10 Hour Training) for their on-site employees. 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. This section shall apply to the construction, reconstruction, alteration, remodeling, installation, demolition, maintenance, or repair of any public work or building paid for in whole or in part with state funds.
II. Any employee required to complete the OSHA 10-hour construction safety program under this section who has not completed the program shall be subject to removal from the worksite if the employee does not provide documentation of having completed such program by the fifteenth day after the date the employee is found to be in noncompliance. Proof of such documentation provided by the employer shall constitute compliance with this section. The labor commissioner or commissioner’s designee shall enforce this section.
III. The labor commissioner shall adopt rules under RSA 541-A relative to implementation and enforcement of this section. The commissioner may also assess a civil penalty of up to $2,500; in addition, such an employer shall be assessed a civil penalty of $100 per employee for each day of noncompliance. All funds collected under this section shall be deposited into the workers’ compensation safety inspection fund established in RSA 281-A:64, IX. The labor commissioner shall appoint as many individuals as necessary to carry out the department’s responsibilities under this section.
IV. The following individuals are exempt from the requirements of the OSHA 10-hour construction safety program:
(a) Law enforcement officers involved with traffic control or jobsite security.
(b) Flagging personnel who have completed the training required by the department of
(c) All relevant federal, state, and municipal government employees and inspectors.
(d) All individuals who are not considered to be on the site of work under the federal Davis-Bacon Act, including, but not limited to, construction and non-construction delivery personnel and non-trade personnel.
326:2 Safety Enhancement Program. Amend RSA 281-A:67, I to read:
I. There is hereby established a safety enhancement program to be administered by the commissioner. Such program shall include regional training and safety seminars open to all interested employees and employers.
326:3 Applicability. Sections 1 and 2 of this act shall apply to all contracts entered into on or after July 1, 2008.
326:4 Commission Established. There is established a commission to recommend a comprehensive program for increasing the use of passenger restraints in New Hampshire in order to reduce motor vehicle fatalities and serious injuries and the resulting costs.
326:5 Membership and Compensation.
I. The members of the commission shall be as follows:
(a) Two members of the senate, appointed by the president of the senate.
(b) Three members of the house of representatives, appointed by the speaker of the house of representatives.
(c) The commissioner of the department of safety, or designee.
(d) The commissioner of transportation, or designee.
(e) One member of the automobile insurance industry, appointed by the insurance commissioner.
(f) One member from the New Hampshire Medical Society, appointed by the society.
(g) One member from the New Hampshire Emergency Nurses Association, appointed by such association.
(h) One member from the New Hampshire Association of Emergency Medical Technicians, appointed by such association.
(i) One representative of the New Hampshire Association of Fire Chiefs, appointed by such association.
(j) One representative of the New Hampshire Association of Chiefs of Police, appointed by such association.
(k) One member of the Brain Injury Association of New Hampshire, appointed by such association.
(l) One member of the New Hampshire Civil Liberties Union, appointed by such organization.
(m) One member of Safe Kids New Hampshire, appointed by such organization.
(n) One member from the American Automobile Association, appointed by such association.
(o) Two members of the public, one of whom shall have expertise in the field of public relations, appointed by the president of the senate.
(p) Three members of the public, one of whom shall be a member of an organization that opposes mandatory seatbelts, appointed by the speaker of the house of representatives.
(q) One member of the public, appointed by the governor.
II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
I. The commission shall:
(a) Study the most effective strategies to increase the use of passenger restraints.
(b) Analyze the insurance costs and economic benefits of increasing the use of passenger restraints.
(c) Review the fatality and injury data regarding the health benefits of increased use of passenger restraints.
(d) Identify public education strategies that would encourage voluntary use of passenger restraints.
(e) Make recommendations for legislation to advance the goal of increasing the use of passenger restraints.
II. The commission may accept grants, donations, and other moneys from any source and may expend such moneys for the purposes of the commission.
326:7 Chairperson; Quorum. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named senate member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Eight members of the commission shall constitute a quorum.
326:8 Report. The commission shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before July 31, 2008.
326:9 Effective Date.
I. Sections 1-3 of this act shall take effect 60 days after its passage.
II. The remainder of this act shall take effect upon its passage.
Approved: July 16, 2007
Effective: I. Sections 1-3 shall take effect September 14, 2007.
II. Remainder shall take effect July 16, 2007.
For on-site training in New Hampshire please visit OSHA Training in New Hampshire