Senate Bill No. 334
(By Senators Yost and Edgell)
[Introduced February 20, 2013; referred to the Committee on
Labor; and then to the Committee on the Judiciary .]
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
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
ARTICLE 3. SAFETY AND WELFARE OF EMPLOYEES.
§21-3-22. OSHA safety construction program.
(a) A person submitting a bid for, or signing a contract to work on, the construction, reconstruction, alteration, remodeling
or repairs of a 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) An employee found on a work site 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 is subject to immediate removal.
(3) All contractors and subcontractors must attach a copy of
proof of completion of the OSHA ten-hour 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 a new or additional employee is first listed.
(b) The Labor Commissioner may assess a civil penalty of up to $3,000 for noncompliance with the requirements of subsection (a) of
this section. In addition, 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.