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H 2096

An Act relative to workplace safety and disclosure of violations

194th Legislature (2025-2026) Introduced by Michelle DuBois

The bill requires bidders and contractors to disclose OSHA violations and corrective actions for themselves and subcontractors on state contracts over $50,000, and to update this i

Accompanied a new draft, see H4449
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Bill Summary · H 2096

Summary of H.2096 (An Act relative to workplace safety and disclosure of violations)

Overview

  • Bill number and title: H.2096, An Act relative to workplace safety and disclosure of violations
  • Sponsor: Representative Michelle M. DuBois (Brockton)
  • Introduced: February 27, 2025
  • Status: Accompanied by a new draft (see H.4449); related material previously filed as H.1871 in the 2023-2024 session
  • Committee actions: Referred to the House Committee on Labor and Workforce Development (February 27, 2025); Senate concurrence noted; hearing scheduled May 13, 2025
  • Context: Introduces requirements for disclosure of OSHA violations in state procurement and related licensing/permit processes, with a focus on workplace safety compliance and transparency.

Purpose and intent

  • The bill seeks to improve workplace safety and strengthen procurement integrity by ensuring state and local awarding authorities obtain and consider information about OSHA violations of firms involved in bidding on contracts for supplies, services, and construction.
  • It aims to enhance accountability by requiring bidders and contractors to disclose past OSHA citations, settlements, and corrective actions, and to document steps taken to abate hazards.

Key provisions

Section 4A (amendment to Chapter 30B – procurement)

  • Applicability: For procurement contracts for supplies and services (including construction) estimated to cost more than $50,000.
  • Bidder disclosures:
    • Offerors must represent, to the best of their knowledge, whether there has been any OSHA citation, notice, decision, or civil judgment against the company (and affiliated entities) within the prior four years for violations of the federal Occupational Safety and Health Act (29 U.S.C. 651–678).
    • Required to include any settlement and documentation verifying whether identified hazards have been corrected.
  • Responsibility determination: Awarding authorities must consider disclosed information when assessing whether an offeror is a “responsible source.”
  • Pre-award potential disclosures: The awarding authority must provide bidders an opportunity to disclose corrective steps taken to improve compliance with OSHA standards.
  • Subcontracting rules: For subcontracted work with an estimated value over $50,000:
    • Contractors must require each subcontractor to disclose OSHA violations within the prior four years, including settlements and hazard abatement documentation.
    • Contractors must provide updated information to the awarding authority every six months.
  • Enforcement and referrals: Awarding authorities may refer matters to appropriate agencies; during contract performance, contractors must update information every six months; authorities may request copies of citations and evidence of abatement; referrals are possible if hazards are not abated.
  • Rights preserved: The section clarifies that nothing prohibits lawful rights/remedies.

Section 2 (amendment to Chapter 82A – trench excavation permits)

  • Disclosure requirement for permit applicants: Applicants for trench excavation permits must disclose in writing:
    • OSHA violations (as defined above) within the prior four years, including settlements and corrective actions.
    • Also disclose: prior suspension or revocation of a trench excavation permit, any fines, any immediate shutdowns by authorities, and the dates of each incident.

Who is affected

  • Awarding authorities and contracting agencies at the state (and potentially municipal) level responsible for procurement of supplies, services, and construction.
  • Offerors/bidders and prime contractors seeking state contracts valued over $50,000.
  • Subcontractors engaged under such contracts, who must disclose their own OSHA violation history and provide ongoing updates.
  • Applicants for trench excavation permits under Chapter 82A, who must disclose OSHA violations and related permit history.

Procedural and timeline aspects

  • Implementation framework: The bill requires new disclosures and process changes as part of bid solicitations, responsibility determinations, contract performance, and subcontractor oversight.
  • Update cadence: Disclosures and abatement information must be updated by contractors every six months during performance.
  • Information sharing: Awarding authorities may forward information to appropriate agencies as relevant.
  • Legal effect: The provisions operate alongside existing rights and remedies; references to federal OSHA compliance are explicit (29 U.S.C. 651–678).
  • Upcoming actions: A hearing was scheduled for May 13, 2025 (House B-1); the bill’s status indicates ongoing negotiations with a new draft (H.4449) as of September 2025.

Notes and context

  • The bill parallels earlier discussions in the prior session (H.1871, 2023-2024) and consolidates into a reform package focused on transparency around workplace safety violations.
  • The threshold of $50,000 for procurement contracts creates a defined scope for these requirements, balancing coverage with administrative feasibility.
  • The emphasis on “affiliates” and ownership/management ties aims to capture related entities that may exert control or influence over safety practices.

If you’d like, I can tailor this summary to emphasize potential fiscal impacts, administrative burdens on agencies, or comparative analysis with federal OSHA disclosure practices.

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

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