Bill Text: MA S710 | 2009-2010 | 186th General Court | Introduced
Bill Title: Provide a safe workplace for employees of the Commonwealth, its independent authorities and and its political sub-divisions
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-11 - Bill reported favorably by committee and referred to the Senate Committee On Ways and Means [S710 Detail]
Download: Massachusetts-2009-S710-Introduced.html
The Commonwealth of Massachusetts
_______________
PRESENTED BY:
Mr. Pacheco
_______________
To the
Honorable Senate and House of Representatives of the Commonwealth of
Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act to provide a safe workplace for employees of the commonwealth.
_______________
PETITION OF:
|
Name: |
District/Address: |
|
Mr. Pacheco |
First Plymouth and Bristol |
|
Martha M. Walz |
8th Suffolk |
|
Patricia D. Jehlen |
Second Middlesex |
|
Thomas M. McGee |
Third Essex and Middlesex |
|
Geraldo Alicea |
6th Worcester |
[SIMILAR MATTER FILED IN PREVIOUS
SESSION
SEE SENATE, NO. S01088 OF 2007-2008.]
The Commonwealth of
Massachusetts
_______________
In the Year Two Thousand and Nine
_______________
An Act to provide a safe workplace for employees of the
commonwealth.
Be
it enacted by the Senate and House of Representatives in General Court
assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 149 of the General Laws is hereby amended by inserting a new section 40 as follows:-
(a) Notwithstanding any general or special law to the contrary, the division of occupational safety shall apply federal occupational and health standards applicable to private sector employees as minimum standards to employees of the Commonwealth, its independent authorities and other political subdivisions. Such standards shall include all statutory and regulatory requirements enforced by the occupational safety and health administration with respect to private sector employees, including, without limiting the generality of the foregoing, the general duty clause. Nothing herein shall affect any state standard that exceeds the standards applied by the occupational health and safety administration.
(b) The division shall have authority to conduct investigations. The commissioner shall have authority to issue subpoenas and subpoenas duces tecum to compel the attendance of witnesses and/or the production of documents.
(c) The commissioner of the division may promulgate regulations and may issue corrective orders where he has found a violation of this section or regulations promulgated hereunder. Proceedings concerning the issuance of regulations or corrective orders to public officials shall be adjudicatory proceedings pursuant to chapter 30A and shall be subject to judicial review accordingly.
(d) With respect to the exercise of its responsibilities under this section, the division shall be within the department of labor but not subject to its direction and control.
(e) The effective date of this section with respect to cities and towns shall be subject to the provisions of section 27C of chapter 29 of the general laws.
(f) Provisions of this act shall not apply to the fire service of the Commonwealth, its independent authorities or other political subdivisions.
