An Act Regarding Occupational Safety and Health Training for Workers on State-funded Construction Projects
Maine Legislature, Session 123, LD 0591
Committee Amendment CA_A-SA_A_S470 (Senate)
Amends: 26 MRSA §1309-A

SENATE AMENDMENT" A " to COMMITTEE AMENDMENT "A" to H.P. 458, 
L.D. 591, Bill, "An Act Regarding Occupational Safety and Health Training for Workers 
on State-funded Construction Projects" 
Amend the amendment by striking out everything after the title and before the 
summary and inserting the following: 
, Amend the bill by striking out all of section 1 and inserting the following: 
'Sec. 1. 26 MRSA §1309-A is enacted to read: 
§1309-A. 
Contract to contain provision relative to occupational health and safety 
training 
1. 
Training requirement. For any contract for public works entered into on or 
after July 1, 2009 and amounting to $100,000 or more, except for a contract for paving or 
repaving roads and bridges and a contract for building new roads, the contract between 
the public authority and the successful bidder must contain a provision in which the 
successful bidder and all subcontractors of the successful bidder certify that each 
employee to be employed at the work site has successfully completed a course in 
construction safety approved by the United States Occupational Safety and Health 
Administration that is no shorter than 10 hours in duration. The successful bidder and all 
subcontractors of the successful bidder must provide to the public authority 
documentation of successful completion of the COurse required by this section by each 
employee with the first certified payroll report. In the case of a contract for paving or 
repaving roads and bridges or a contract for building new roads, preference must be given 
to a bidder that pledges to use employees to be employed at a work site who have 
successfully completed a course in construction safety approved by the United States 
Occupational Safety and Health Administration that is no shorter than 10 hours in 
duration. 
2. Exempt individuals. The individuals described under this subsection are exempt 
from the requirement of subsection 1 that certain individuals complete a course 'in 
construction safety approved by the United States Occupational Safety and Health 
Administration that is no shorter than 10 hours in duration: 
Page \- t23LR1078(1t)-t 
SENATE AMENDMENT 
SENATE AMENDMENT .. A 
"to COMMITTEE AMENDMENT "A" to H.P. 458, L.D. 591 
A. Law enforcement officers involved with traffic control or jobsite security; 
B. Flagging personnel who have completed the training required by the Department 
of Transportation; 
C. All relevant federal, state and municipal government employees and inspectors; 
and 
D. All individuals who are not considered to be on the site of work under the federal 
Davis-Bacon Act, 40 United States Code, Section 276a et seq., including, but not 
limited to, construction and nonconstruction delivery personnel and nontrade 
personnel. 
3. 
Penalties and enforcement. In addition to the penalties provided in section 
II 
1312, any contractor or subcontractor who willfully and knowingly violates this section is 
subject to: 
A. Removal from the work site by the Director of the Bureau of Labor Standards of 
any employee if that employee does not provide documentation of having completed 
the course in construction safety required in subsection I by the 15th day after the 
date that employee is found to be in noncompliance; and 
B. A fine of no more than $2,500 and a fine of $1 00 per employee for each day of 
noncompliance.' ' 
SUMMARY 
This amendment incorporates the changes made by Committee Amendment "A" and 
makes the following changes to the bill. 
1. It exempts contracts for paving or repaving roads and bridges and contracts for 
building new roads from the requirement that employees have successfully completed a 
course in construction safety approved by the United States Occupational Safety and 
Health Administration that is no shorter than 10 hours in duration. 
2. It provides that in the case of a contract for paving or repaving roads and bridges 
or a contract for building new roads, preference must be given to a bidder that pledges to 
use employees to be employed at a work site who have successfully completed a course 
in construction safety approved by the United States Occupational Safety and Health 
Administration that is no shorter than 10 hours in duration. 
3. It exempts the following individuals from the requirement to complete a course in 
construction safety: 
A. Law enforcement officers involved with traffic control or jobsite security; 
B. 
Flagging personnel who have completed the training required by the 
Department of Transportation; 
C. 
All relevant federal, state and municipal government employees and 
inspectors; and 
SENATE AMENDMENT 
I 
SENATE AMENDMENT "A .. to COMMITTEE AMENDMENT "A" to H.P. 458, L.D. 591 
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 
nonconstruction delivery personnel and nontrade personnel. 
4. [t removes the penalty provision that allows for cancellation of the contract or 
enforcement of performance of the contract and replaces it with a penalty provision that 
provides for a fine of no more than $2,500 and a fine of $100 per employee for each day 
Ofnoncompliac_~·~~·~-~ 
SPONSORED~~~ 
(Senator STRIMLING) 
COUNTY: Cumberland 
SENATE AMENDMENT 
Approved: 02/27/08 Mac:.. 
LD591 
LR 1078(11) 
An Act Regarding Occupational Safety and Health Training for Workers on State-funded 
Construction Projects 
Fiscal Note for Senate Amendment "A "to Committee Amendment "A" 
Sponsor: Sen. Strimling of Cumberland 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium revenue increase - General Fund 
Fiscal Detail and Notes 
Instituting a fine of not more than $2,500 and an additional $100 per employee against any contractor or subcontractor 
who violates the requirements of this legislation may increase the amount of General Fund revenue received from 
fines. The amount can not be determined at this time. 
LR I 078( II) - Fiscal Note - Page 1 of I