WeVote
Log In

Bill

Bill

H 4449

Macedonia Missionary Baptist Church

2025-2026 Regular Session Introduced by Terry Alexander and 122 co-sponsors

Requires MA bidders and subcontractors on contracts over $100k to disclose OSHA violations in the past 2 years, with 6-month updates; trench permits require similar disclosures.

Introduced and adopted
0
WeVote Research Nonpartisan
Bill Summary · H 4449

Summary: House Bill No. 4449 – An Act relative to workplace safety and disclosure of violations

Overview

  • Bill Number: H 4449
  • Title: An Act relative to workplace safety and disclosure of violations
  • Introduced: September 4, 2025
  • Status: Reported favorably by the Committee on Labor and Workforce Development; referred to the Committee on House Ways and Means
  • Primary aim: Strengthen procurement and permitting processes by requiring disclosure and consideration of OSHA-related safety violations, with mandatory updates during performance and expansion of disclosure to trench excavation permits

Key Provisions

Section 1 — Procurement contracts and subcontractors (Chapter 30B)

  • Scope and thresholds: Applies to procurement contracts for supplies and services, including construction, with an estimated value over $100,000.
  • Offeror disclosures (a): Each offeror must, to the best of its knowledge, disclose any OSHA violations in the prior 2 years, including citations, notices, decisions, or civil judgments against the applicant or affiliated entities, and any related settlements. The disclosure must verify whether identified hazards were corrected.
  • Responsibility determination (b–c): The awarding authority must provide an opportunity to disclose corrective steps and consider this information when determining whether the offeror is a responsible source.
  • Subcontractors (d–h): For subcontracts over $100,000, the contractor must require the subcontractor to disclose any serious, willful, or repeat OSHA citations/violations in the prior 2 years, with documentation of hazard correction; updated information must be provided every 6 months. The awarding authority may request copies of citations and abatement evidence, refer hazards to appropriate agencies, and take action if hazards are not abated. Contractors must inform the awarding authority of any relevant information about subcontractors; authorities may refer issues to appropriate agencies.
  • Ongoing updates and referrals (f–i): Information provided must be updated at least every 6 months during contract performance; authorities may refer matters to appropriate agencies; the section does not eliminate any existing rights or remedies.

Section 2 — Trench excavation permits (Chapter 82A)

  • Disclosure requirement: Applicants for trench excavation permits must disclose in writing any OSHA-related serious, willful, or repeat citations/violations within the previous 2 years, including settlements and verification of corrective actions.
  • Additional disclosures (b): Applicants must also disclose (i) prior suspensions or revocations of trench excavation permits, (ii) any fines assessed related to trench permits, (iii) any immediate shutdowns of trench sites by authorities, and (iv) the dates of these incidents.

Who Is Affected

  • Prime bidders and offerors for MA state procurement contracts valued over $100,000 (supplies, services, and construction).
  • Contractors and subcontractors on such contracts, including those with affiliated entities.
  • Applicants for trench excavation permits under Chapter 82A.

Procedural and Timeline Considerations

  • The bill requires pre-award disclosures and post-award ongoing updates (every 6 months) during contract performance.
  • Information disclosed or obtained can be referred to appropriate state or federal agencies.
  • The act explicitly preserves existing rights and remedies.
  • Legislative path: Introduced 9/4/2025; reported favorably by committee on the same day; referred to House Ways and Means.

Potential Impacts

  • Increased transparency about OSHA compliance history for bidders and subcontractors.
  • Influence on responsible bidder determinations in state procurement.
  • Additional administrative processes for awarding authorities to collect, review, and update safety-related information.
  • Expanded disclosure requirements for trench excavation permit applicants, potentially affecting project timelines and eligibility.
  • Could incentivize corrective actions and ongoing compliance with OSHA standards.

If you’d like, I can add a brief comparison to current Massachusetts procurement and trench permit practices or outline potential considerations for implementing agencies.

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

Sign in to ask a question.