H 4449

HOUSE . . . . . . . . No. 4449
   The Commonwealth of Massachusetts
  ________________________________________
  HOUSE OF REPRESENTATIVES, September 4, 2025.
    The committee on Labor and Workforce Development, to whom was
referred the petition (accompanied by bill, House, No. 2096) of Michelle
M. DuBois relative to workplace safety, reports recommending that the
accompanying bill (House, No. 4449) ought to pass.
  For the committee,
  PAUL MCMURTRY.
  FILED ON: 8/11/2025
 HOUSE . . . . . . . . . . . . . . . No. 4449
  The Commonwealth of Massachusetts
  _______________
  In the One Hundred and Ninety-Fourth General Court
  (2025-2026)
  _______________
An Act relative to workplace safety and disclosure of violations.
  Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1SECTION 1. Chapter 30B of the General Laws, as appearing in the 2020 Official
2 Edition, is hereby amended by inserting after section 4 the following section:-
3Section 4A. (a) For procurement contracts for supplies and services, including
4 construction, that are estimated to cost more than $100,000, each awarding authority shall ensure
5 that solicitations or invitations for bids require that the offeror represent, to the best of the
6 offeror's knowledge and belief, whether there has been any Occupational Safety and Health
7 Administration citation, notice, decision, or civil judgment rendered against the company, as a
8 sole proprietorship, limited partnership, and/or limited liability partnership/corporation and/or
9 any affiliated business or subsidiary of which the applicant is owner, manager, officer, and/or
10 director within the preceding 2-year period for a violation of the federal Occupational Safety and
11 Health Act of 1970, 29 U.S.C sections 651 to 678, including any settlement agreement and
12 documentation verifying if hazards identified have been corrected.
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13(b) An awarding authority, prior to making an award, shall, as part of responsibility
14 determination, provide an offeror with an opportunity to disclose any steps taken to correct any
15 violations of or improve compliance with said federal Occupational Safety and Health Act of
16 1970, including any settlement agreement and documentation verifying if hazards identified have
17 been corrected.
18(c) An awarding authority shall consider the information provided pursuant to
19 subsections (a) and (b) in determining whether an offeror is a responsible source.
20(d) For any subcontract where the estimated value of the supplies and services required
21 exceeds $100,000, an awarding authority shall require that, at the time of execution of the
22 contract, a contractor represents to the contracting agency that the contractor will require each
23 subcontractor to disclose to the awarding authority any serious, willful, or repeat citation, notice,
24 decision or civil judgment, rendered against the subcontractor within the preceding 2-year period
25 for a violation of said federal Occupational Safety and Health Act of 1970, said 29 U.S.C
26 sections 651 to 678, including any settlement agreement and documentation verifying if hazards
27 identified, have been corrected, and to provide to the awarding authority updated information
28 every 6 months.
29(e) As appropriate, an awarding authority shall refer matters related to information
30 provided pursuant to subsections (a), (b), and (d) of this section to the appropriate agency.
31(f) During the performance of the contract, each awarding authority shall require that
32 every 6 months contractors subject to this section update the information provided pursuant to
33 subsection (a).
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34(g) If information regarding a serious, willful or repeat citation, notice, decision, or civil
35 judgment, rendered against the offeror within the preceding 2-year period for any violations of
36 said federal Occupational Safety and Health Act of 1970, said 29 U.S.C sections 651 to 678,
37 including any settlement agreements and documentation verifying if hazards identified have
38 corrected, or similar information is obtained through other sources, an awarding authority may
39 request a copy of a citation and evidence of abatement of a hazard, and refer the offeror to
40 appropriate agencies if a hazard has not been abated.
41(h) An awarding authority shall require that if information regarding a serious, willful or
42 repeat citation, notice, decision or civil judgment, rendered against a contractor’s subcontractor
43 within the preceding 2-year period for any violations of said federal Occupational Safety and
44 Health Act of 1970, said 29 U.S.C sections 651 to 678 is brought to the attention of the
45 contractor or similar information is obtained through other sources, then the contractor shall
46 inform the awarding authority and the awarding authority may request a copy of a citation and
47 evidence of abatement of a hazard, and refer the subcontractor to appropriate agencies if a hazard
48 has not been abated.
49(i) As appropriate, awarding authorities shall send information provided pursuant to
50 subsection (a) and subsection (d) of this section to the appropriate agency.
51(j) Nothing in this section shall preclude the exercise or enforcement of any lawful rights
52 or remedies.
53SECTION 2. Section 2 of chapter 82A of the General Laws, as appearing in the 2020
54 Official Edition, is hereby amended by inserting after the fourth sentence on line 13 the
55 following sentence:- A person making application for a trench excavation permit shall disclose in
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56 writing: (a) Any serious, willful, or repeat citation, notice, decision or civil judgment rendered
57 against the company, as a sole proprietorship, limited partnership, and/or limited liability
58 partnership/corporation and/or any affiliated business or subsidiary of which the applicant is
59 owner, manager, officer, and/or director within the preceding 2-year period for a violation of the
60 federal Occupational Safety and Health Act of 1970, 29 U.S.C sections 651 to 678, including any
61 settlement agreement and documentation verifying if hazards identified have been corrected; and
62(b) (i) any prior suspension or revocation of a trench excavation permit held by the
63 applicant; (ii) any assessment of fines in relation to a trench excavation permit held by applicant;
64 (iii) any prior immediate shutdown of a trench site by state or local authorities in relation to a
65 trench excavation permit held by applicant; and (iv) the date of each incident.
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