AN ACT concerning the safety records of bidders competing for State-funded construction contracts and supplementing Title 52 of the Revised Statutes.BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding the provisions of any other law to the contrary, no contract for the purchase of goods or services in connection with the construction of any public work, the contract price or cost of which is to be paid, in whole or in part, with or out of State funds, shall be awarded to a bidder if, during the preceding five-year period, that bidder:
(1) has been assessed a penalty by the federal Occupational Safety and Health Administration, hereinafter OSHA, pursuant to 29 U.S.C. §666, for willful or repeated violations of 29 U.S.C. §651 et seq., or the standards, rules or regulations promulgated thereunder, or has failed to correct a violation for which a citation was issued by OSHA within the period permitted for its correction; orb. As a condition of bidding on a contract, a bidder shall submit a written certification to the State Treasurer or the contracting agency, as appropriate, indicating that it does not have a history of violations that would disqualify it from eligibility to receive a contract pursuant to subsection a. of this section. The State Treasurer or the contracting agency, as appropriate, shall verify the accuracy of the certification submitted by an otherwise successful bidder.(2) has been assessed a penalty by any state for willful or repeated violations of a plan approved by the federal Secretary of Labor pursuant to 29 U.S.C. §667, or the standards, rules or regulations promulgated under that plan, or has failed to correct a violation of such plan for which a citation was issued by the state agency responsible the plan’s enforcement within the period permitted for its correction.
c. The successful bidder on a contract described in subsection a. of this section shall not employ any subcontractor in connection with the performance of a contract if that subcontractor has a history of violations which would disqualify it from eligibility to receive a contract under the criteria applicable to bidders under subsection a. Each subcontractor shall submit a written certification to the State Treasurer or the contracting agency, as appropriate, indicating that it does not have a history of violations which would disqualify it from eligibility to serve as a subcontractor. The State Treasurer or the contracting agency, as appropriate, shall verify the accuracy of the certification submitted by each subcontractor.
d. Any person who makes a willfully false statement in a written certification required to be submitted by this section shall be subject to the penalties provided by N.J.S.2C:28-3.
2. Notwithstanding the provisions of any other law to the contrary, whenever bids are accepted on any contract for the purchase of goods or services in connection with the construction of any public work, the contract price or cost of which is to be paid, in whole or in part, with or out of State funds, and the responsible bidder which would otherwise be awarded the contract has not been approved through a voluntary protection program sponsored by the federal Occupational Safety and Health Administration or by any state pursuant to a plan approved by the federal Secretary of Labor pursuant to 29 U.S.C. §667 and another responsible bidder, which would be eligible to receive the contract but for the price bid, has been approved under such program, the contract shall be awarded to the latter bidder if its bid does not exceed the amount bid by the former bidder by more than 10% of that amount.3. This act shall take effect immediately.
STATEMENT The purpose of this bill is to create an incentive for businesses seeking State-funded construction contracts to maintain high standards of workplace safety. It provides that a bidder which has been assessed a penalty by the Occupational Safety and Health Administration for willful or repeated violations of the federal Occupational Safety and Health Act, 29 U.S.C. §651 et seq., or by any state for similar violations under a plan approved by the federal Secretary of Labor pursuant to 29 U.S.C. §667 or which has been assessed a penalty for failing to correct a violation of such law or plan within the time permitted for its correction, shall be ineligible to receive a construction contract which is funded, in whole or in part, by the State. A subcontractor with a history of such violations would also be ineligible to perform any part of a State-funded construction contract. In addition, the bill gives a preference in the awarding of State-funded construction contracts to bidders which have been approved through a voluntary protection program sponsored by OSHA or by any state under a plan approved by the federal Secretary of Labor.
Reprinted by OSHA DATA (tm), Maplewood, NJ.
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