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:
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."