An Act To Require United States Occupational Safety and Health Administration Training for Government Construction Contracts
Maine Legislature, Session 124, LD 0658
Committee Amendment CA_A_H121 (House)
Amends: 26 MRSA §1309-A

COMMITTEE AMENDMENT ,It" to H.P. 472, L.D. 658, Bill, "An Act To 
Require United States Occupational Safety and Health Administration Training for 
Government Construction Contracts" 
Amend the biII 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 provisions relative to occupational health and safety 
training 
1. Training requirement. For any contract for public works entered into on or after 
July 1, 2010 and amounting to $100,000 or more, 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. 
2. 
Exempt individuals. 
The following individuals are exempt from the 
requirements of the United States Occupational Safety and Health Administration 10-
hour construction safety program under subsection I: 
A. Law enforcement officers involved with traffic control or work site 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. AlI individuals who are not considered to be on the work site under the federal 
Davis-Bacon Act, 40 United States Code, Section 276a et seq., including, but not 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT A" to H.P. 472, L.D. 658 
limited to, construction and nonconstruction delivery personnel and nontrade 
personnel. 
3. Penalties and enforcement. In addition to the penalties provided in section 1312, 
any contractor or subcontractor who willfully and knowingly violates this section is 
subject to the following actions: 
A. 
Removal from the work site by the director of any employee for whom 
documentation required by this section is not provided; and 
. 
B. Cancellation of the contract or enforcement of performance of the contract by the 
public authority that is a party to the contract.' 
SUMMARY 
This amendment, which is the majority report of the Joint Standing Committee on 
Labor, clarifies that the bill applies only to those works entered into on or after July 1, 
2010. It also amends the penalties and enforcement provision of the bill by eliminating 
the appointment by the Commissioner of Labor of as many individuals as necessary to 
carry out the section and states that the penalties are in addition to the penalties provided 
in the Maine Revised Statutes, Title 26, section 1312. 
FISCAL ~OTE REQlilRED 
(~ee attached) 
COMMITTEE AMENDMENT 
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Approved: 04/10/09 ;:!;Pac:.. 
LD658 
LR 1140(02) 
An Act To Require United States Occupational Safety and Health Administration Training for 
Government Construction Contracts 
Fiscal Note for Bill as Amended by Committee Amendment 'A" 
Committee: Labor 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium cost increase - Highway Fund 
Potential current biennium cost increase - Federal Expenditures Funds 
Fiscal Detail and Notes 
This bill could increase Highway Fund and Federal Expenditures Funds costs if contractors selected by the 
Department of Transportation for construction projects increase the cost of their contracts to cover the training costs. 
Additional costs to the Bureau of Labor Standards within the Department of Labor can be absorbed within existing 
budgeted resources. 
LRl140(02) - Fiscal Note - Page 1 of 1