Maine Legislature, Session 122, LD 1628
Committee Amendment CA_A_H491 (House)

of the Clerk of 
COMMITTEE AMENDMENT "A" to H.P. 1146, L.D. 1628, Bill, "An 
Act Regarding Occupational Safety and Health Training for Workers 
on State-funded Construction Projects" 
Amend 
the bill 
in 
section 
in 
that part 
designated 
"§1309-A." in subsection 1 in the 3rd line (page 1, line 10 in 
L.D.) by striking out the fOllowing: 
"$10,000" and inserting in 
its place the following: 
'$100,000' 
Further amend the bill in section 1 in that part designated 
"§1309-A." by striking out all of subsection 2 and inserting in 
its place the following: 
'2. 
Deduction from contract P~nts. The Director of the 
Bureau 
of 
General 
Services 
within 
the 
Department 
o{ 
Administrative 
and 
Finanical 
Services 
may 
deduct 
penalties 
assessed pursuant to section 1312 
from payments due 
under 
a 
contract for 
a public work 
to a 
contractor or subcontractor 
subject to this section. 
3. 
Time to correct: failure to correct. 
The fact that a 
contractor or subcontractor subject to this section has 
not 
corrected a violation of subsection 1 within the permitted time 
to 
correct 
the 
violation 
may 
be 
considered 
part 
of 
the 
contractor's or subcontractor's safety record under Title 
5, 
section 1747, subsection 5 and may be used by the Director of the 
Bureau 
of 
General 
Services 
within 
the 
Department 
of 
Administrative 
and 
Financial Services 
under 
that section 
as 
grounds to refuse to release plans and specifications to the 
contractor or subcontractor for the purpose of bidding on a 
project. 
As used in this subsection, "permitted time to correct 
the violation" means: 
Page l-LR2023(2) 
COMMITTEE 
COMMITTEE AMENDMENT "A" to H.P. 1146, L.D. 1628 
A. 
Thirty days 
from the date of being notified of the 
violation: or 
B. If the contractor or subcontractor does not employ a 
trainer 
certified 
to 
provide 
a 
10-hour 
course 
in 
construction safety by the United States Occupational Safety 
and Health Administration, the longer of: 
(1) Thirty days from the date of being notified of the 
violation: and 
(2) 
The period until the date of the next 10 hour 
construction 
safety 
course 
available 
to 
the 
contractor's 
or 
subcontractor's 
employees 
that 
satisfies this section, is offered by the Department of 
Labor and is within 2 hours driving distance from the 
work site.' 
SUMMARY 
This 
amendment, 
which 
is 
the 
majority 
report 
of 
the 
committee, does the following: 
1. It eliminates the penalties of removal of workers and 
cancellation of the contract; 
2. It allows the Director of the Bureau of General Services 
within the Department of Administrative and Finanical Services to 
deduct penalties assessed to contractors and subcontractors from 
contract payments for public works; 
3. 
It affords contractors and subcontractors 30 days to 
correct a failure to provide the required training or, if the 
contractor or subcontractor does not have a certified trainer on 
staff, the longer of 30 days and until the date of the next 
available and appropriate training by the Department of Labor 
that occurs within a 2-hour drive of the work site; and 
4. 
It allows the Director of General Services to refuse to 
release plans and specifications to a contractor or subcontractor 
for the purpose of bidding on a future project if the contractor 
or subcontractor has violated the training requirements. 
,CO·MMITTEE AMENDMENT