WeVote
Log In

Bill

Bill

H 5491

An Act implementing the recommendations of the Walsh-Kennedy Commission Report

194th Legislature (2025-2026) Introduced by Jim Arciero and 40 co-sponsors

Raises training standards, creates a state-approved program with a public non-compliance database, and tougher penalties for cutting, welding, and hot works.

Read; and referred to the committee on Senate Ways and Means
0
WeVote Research Nonpartisan
Bill Summary · H 5491

Overview

  • Bill: H 5491
  • Session: 194th (Massachusetts)
  • Title: An Act implementing the recommendations of the Walsh-Kennedy Commission Report
  • Purpose: Implement safety and enforcement recommendations related to cutting, welding, and hot works by updating training, certification, reporting, and penalties under Chapter 148.

Main purpose and intent

  • Strengthen oversight, training, and accountability for cutting, welding, and hot works.
  • Improve public safety by raising standards for certification programs, creating a centralized status database, and increasing penalties for violations.
  • Establish a formal notice and reporting system to flag non-compliance and alert affected parties (property owners, insurers).

Key provisions and changes

Training, certification, and status tracking

  • Adds two new sections (10I and 10J) to Chapter 148:
    • Section 10I: Requires all certifications and training for cutting, welding, and hot works to come from a program approved by the state fire marshal.
    • Program elements include:
      • An electronic database (thorough and accessible) maintained by the Department of Fire Services to verify a worker’s status.
      • Multilingual in-class offerings.
      • Identity integrity safeguards.
      • In-person initial training.
      • Ongoing annual continuing education (online or in-person).
    • Section 10J: Establishes a public notification/recording system for non-compliance with regulations and statutes related to cutting, welding, and hot works.
    • Consultation with the Department of Occupational Licensure or other agencies as needed.
    • Potential components of the system: quarterly publications, an online database, automated notifications to property owners, and communication with insurance companies.

Penalties and fines (general provisions)

  • Amends Section 34 to set standard fines for violations with heightened penalties for cutting, welding, and hot works:
    • General violations: $100 fine, or up to $100 per day for continuing offense after notice.
    • Special penalties for cutting, welding, and hot works:
    • First offense: up to $1,000 fine.
    • Second offense: up to $2,000 fine, or imprisonment up to 1 year, or both.
    • Third or subsequent offense: fine up to 0.025% of total project value or $10,000 (whichever is greater), and imprisonment up to 2.5 years, or both.
    • Judges may consider project size to determine appropriate fines to deter violations.

Criminal negligence and enhanced liability (Section 34B)

  • Defines terms (criminal negligence; serious bodily injury).
  • Penalties for violations causing serious bodily injury:
    • Fine up to $250,000 and/or imprisonment up to 5 years (or both).
  • Penalties for violations causing death:
    • Fine up to $500,000 and/or imprisonment up to 7 years (or both).
  • Provision for criminal negligence findings to support liability for damages or deaths resulting from repeated/reckless noncompliance.

Who/what is affected

  • Workers and firms involved in cutting, welding, and hot works in Massachusetts.
  • Training providers and programs related to welding/cutting/hot works (must obtain state fire marshal approval).
  • The Department of Fire Services (administrator/manager of the status database and enforcement framework).
  • The Department of Fire Services in consultation with the Department of Occupational Licensure and other agencies for the compliance notification system.
  • Property owners and insurers (receive automated notifications about non-compliance).
  • Courts (enforcement of stricter penalties and potential liability for criminal negligence).

Procedural and timeline aspects

  • The amendments insert new sections to Chapter 148 (Sections 10I and 10J) and modify existing penalties (Sections 34 and 34B).
  • Implementing agencies and processes are to be established via the act, with the Fire Services Department leading program approval, data systems, and notification mechanisms in coordination with other agencies.
  • No specific effective date is stated in the text provided; implementing details would be established in the bill’s final language and associated regulations.

Potential impacts

  • Enhanced public safety through standardized, verifiable training and centralized worker status tracking.
  • Greater compliance incentives due to higher penalties for violations, including large-scale project-based fines.
  • Improved accountability and transparency via public-facing non-compliance records and notifications to stakeholders.
  • Possible increased costs for employers to obtain approved training programs and maintain compliant status databases.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.