The Act, which was signed into law on July 30, 2004, and became effective July 1, 2006, requires “any person submitting a bid for, or signing a contract to work on” any public works or public building, estimated to be worth more than $10,000, to certify that “all employees to be employed at the worksite” have successfully completed a 10-hour course in construction safety approved by the United States Occupational Safety and Health Administration (OSHA), referred to as the OSHA 10 course. In order to demonstrate compliance, the Act requires persons to submit documentation of successful completion of the OSHA 10 course with the submission of the first prevailing wage certified payroll report (CPR) for each employee. The AGO is responsible for enforcement of the Act and is authorized to undertake two actions to remedy violations of the Act. First, the AGO can institute proceedings in Superior Court to restrain the awarding of and performance of contracts, and second, it may remove employees who do not have OSHA 10 training from the worksite.

Since 1971, OSHA has promoted workplace safety and health by authorizing trainers to teach construction and general industry occupational safety and health standards and policy.  Construction industry outreach trainers are authorized to conduct 10- and 30-hour1 construction industry outreach courses. According to the OSHA Outreach Training Program Guidelines, the 10-hour course is intended to provide training on construction safety and health to entry-level workers. Mandatory topics to be addressed include an introduction to OSHA, electrical training, and fall protection. During the course, the trainers must also discuss at least three of the following topics:

(i) personal protective and lifesaving equipment;

(ii) materials handling, storage, use and disposal;

(iii) tools – hand and power;

(iv) scaffolds;

(v) cranes, derricks, hoists, elevators and conveyers;

(vi) excavations; and

(vii) stairways and ladders.

The 30-hour course is more detailed. Trainers provide individuals who have completed an OSHA course a card issued by OSHA (the “OSHA Completion Card”).

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For more information:  OSHA Certifications