An Act To Require United States Occupational Safetyand Health Administration Training for Government Construction Contracts
Maine Legislature, Session 124, LD 0658
Committee: Labor
Sponsors: WRIGHT, BUTTERFIELD, WAGNER, WHEELER
Amends: 26 MRSA §1309-A

MAINE STATE LEGISLATURE 
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124th MAl E LEGISLATURE 
FIRST REGULAR SESSIOr~-2009 
Legislative Document 
No. 658 
H.P.472 
House of Representatives, February 19, 2009 
An Act To Require United States Occupational Safetyand Health 
Administration Training for Government Construction Contracts 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by Representative WRIGHT of Berwick. 
----nt~ 1J1. 71ltl£~{ , 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: BUTTERFIELD of Bangor, WAGNER of Lyman, 
WHEELER of Kittery. 
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Be it enacted by the People of the State of Maine as follows: 
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. 
A contractor or subcontractor in charge of the 
construction for a public works contract shall have a United States Department of Labor, 
Occupational Safety and Health Administration lO-hour construction safety program for 
its on-site employees, other than· those exempt under subsection 2. 
A nonexempt 
employee is required to complete the program prior to beginning work. The training 
program must use a curriculUm approved by the United States Occupational Safety' and 
Health Administration and certify the successful completion of the training program. 
For purposes of this subsection, "public works contract" means any contract for public 
works with a total project cost of$100,000 or more. 
2. Exempt individuals. The training requirement under subsection 1 does not apply 
to: 
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. All individuals who are not considered to. be on the work site under the federal 
Davis-Bacon Act, 40 United States Code, section 2?6a et seq., including, but not 
limited to, construction and nonconstruction delivery personnel and nontrade 
personnel. 
3. Penalties and enforcement. Notwithstanding the penalties provided in section 
1312, a contractor or subcontractor hl charge of construction for a public works contract 
who willfully and knowingly violates this section is subject to: 
A. . Removal from the work site by the Commissioner of Labor or the commissioner's 
designee of an employee who does not provide documentation of the employee's 
having met the training requirement under subsection 1 by the 15th day after the date 
the employee is "found to be in noncompliance. 
Proof of such documentation 
provided by the contractor or subcontractor constitutes compliance with this section; 
B. A fme of no more than $2,500; and 
C. An additional fme of $100 per employee in noncompliance with this section for 
each day of noncompliance. 
The Commissioner of Labor shall appoint as many individuals as necessary to carry 
out the responsibilities of the Department of Labor under this section. 
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SUMMARY 
This bill requires, that a contractor or subcontractor entering into a public works 
contract that is for $100,000 or more provide proof of documentation demonstrating that 
all nonexempt employees working on that project have completed a construction safety 
program, no shorter than 10 hours in duration; approved by the United States Department 
of Labor, Occupational Safety and Health Administration. 
The exempt employees include law enforcement officers involved in traffic control or 
work site security, flagging personnel who have completed the training required by the 
Department of Transportation, all relevant federal, state and municipal government 
employees and inspectors and all individuals who are not considered to be on the work 
site under the federal Davis-Bacon Act. 
The bill also specifies, notwithstanding fines provided in eXlstmg law, that a 
contractor or subcontractor who willfully and knowingly violates these requirements is 
subject to removal of an employee from the work site and the assessment of fines.