| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to safety training for employees performing construction |
|
|
work under a contract with a governmental entity; providing |
|
|
administrative penalties. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter Z, Chapter 2252, Government Code, is |
|
|
amended by adding Section 2252.902 to read as follows: |
|
|
Sec. 2252.902. SAFETY TRAINING REQUIRED FOR EMPLOYEES |
|
|
PERFORMING CONSTRUCTION WORK UNDER CONTRACTS WITH GOVERNMENTAL |
|
|
ENTITIES. (a) In this section: |
|
|
(1) "Advanced construction safety training" means a |
|
|
construction and general industry safety training class approved by |
|
|
the federal Occupational Safety and Health Administration that is |
|
|
at least 30 hours in duration. |
|
|
(2) "Construction contract" means a contract or |
|
|
agreement for the performance of general construction for a |
|
|
governmental entity. |
|
|
(3) "Construction safety training" means a |
|
|
construction and general industry safety training class approved by |
|
|
the federal Occupational Safety and Health Administration that is |
|
|
at least 10 hours in duration. |
|
|
(4) "Contractor" means a person, firm, or corporation |
|
|
contracting with a governmental entity for general construction. |
|
|
(5) "Employee" means an individual paid by a |
|
|
contractor or subcontractor to perform general construction work or |
|
|
services. |
|
|
(6) "General construction" means: |
|
|
(A) erecting or preparing to erect a structure, |
|
|
including a building, bridge, roadway, public utility facility, or |
|
|
related structure; |
|
|
(B) remodeling, extending, repairing, or |
|
|
demolishing a structure; or |
|
|
(C) otherwise improving real property or a |
|
|
structure related to real property. |
|
|
(7) "Governmental entity" means: |
|
|
(A) this state; and |
|
|
(B) a political subdivision of this state, |
|
|
including a municipality, county, public school district, or |
|
|
special-purpose district or authority. |
|
|
(8) "Subcontractor" means a person, firm, or |
|
|
corporation contracting with a contractor for general |
|
|
construction. |
|
|
(b) To the extent consistent with federal law, a |
|
|
governmental entity that enters into a construction contract must |
|
|
require that the contractor ensure that all employees working on |
|
|
the general construction site that is the subject of the |
|
|
construction contract have completed construction safety training. |
|
|
Before an employee works on the general construction site, the |
|
|
contractor must receive and provide to the governmental entity a |
|
|
certificate of training completion for the employee. |
|
|
(c) To the extent consistent with federal law, a |
|
|
governmental entity that enters into a construction contract must |
|
|
require that the contractor ensure that at least one supervisor |
|
|
working on the general construction site that is the subject of the |
|
|
construction contract has completed advanced construction safety |
|
|
training. Before work begins on the general construction site, the |
|
|
contractor must receive from at least one supervisor a certificate |
|
|
of training completion and provide the certificate to the |
|
|
governmental entity. |
|
|
(d) A governmental entity that enters into a construction |
|
|
contract shall include in the contract notice and penalty |
|
|
provisions that: |
|
|
(1) require the governmental entity to provide the |
|
|
contractor with written notice, hand delivered or by certified |
|
|
mail, of a violation of Subsection (b) or (c) by the contractor; |
|
|
(2) require the contractor to comply with Subsection |
|
|
(b) or (c), as applicable, by the 20th day after the date the |
|
|
contractor receives any notice of noncompliance; |
|
|
(3) inform a contractor that the governmental entity |
|
|
may impose an administrative penalty if the contractor fails to |
|
|
comply with Subsection (b) or (c), as applicable, after the 20th day |
|
|
after the date the contractor receives any notice of noncompliance; |
|
|
and |
|
|
(4) explain that a penalty amount may be withheld from |
|
|
a payment otherwise owed to the contractor under the construction |
|
|
contract. |
|
|
(e) The amount of a penalty imposed under Subsection (d)(3) |
|
|
is $100 per day for each employee working in noncompliance. |
|
|
(f) Each governmental entity shall develop procedures for |
|
|
the administration of this section. |
|
|
SECTION 2. Section 2252.902, Government Code, as added by |
|
|
this Act, applies only to a contract for which the solicitation of |
|
|
qualifications, proposals, or other similar expressions of |
|
|
interest is published on or after September 1, 2017. |
|
|
SECTION 3. This Act takes effect September 1, 2017. |