SubTitle31-53b-1_31-53b-5. Construction Safety  


Sec. 31-53b-1. Definitions
Latest version.

As used in sections 31-53b-1 through 31-53b-5, inclusive, of the Regulations of Connecticut State Agencies:

(1) “Certified payroll” means a certified payroll required to be submitted to the contracting agency pursuant to section 31-53(f) of the Connecticut General Statutes;

(2) “Completion document” means a card, document, certificate or other written record issued by the federal Occupational Safety and Health Administration, or by a federal Occupational Safety and Health Administration authorized trainer, or by the Federal Mine Safety and Health Administration in accordance with 30 CFR 48, or in the case of telecommunications employees, in accordance with 29 CFR 1910.268, evidencing that a person subject to these regulations has completed a construction safety and health course, program or training, or a supplemental refresher training course;

(3) “Construction safety and health course, program or training” means a course, program or training in construction safety or health of at least ten hours duration approved by the federal Occupational Safety and Health Administration, or a new miner training program approved by the Federal Mine Safety and Health Administration in accordance with 30 CFR 48 or, in the case of telecommunications employees, at least ten hours of training in accordance with 29 CFR 1910.268;

(4) A “Supplemental refresher training course” means a course, program or training in construction safety or health, which course includes, but is not limited to, an update of revised Occupational Safety and Health Administration standards and a review of required construction hazards training, of at least four hours in duration taught by a federal Occupational Safety and Health Administration authorized trainer to electricians or plumbers subject to the continuing education requirements of section 20-334d of the Connecticut General Statutes, who have completed a course of at least ten hours in duration in construction safety and health approved by the federal Occupational Safety and Health Administration five or more years prior to the date such electrician or plumber begins work on such public works project;

(5) “Employee” means “employee” as defined in section 31-71a(2) of the Connecticut General Statutes;

(6) “Labor Commissioner” means the Commissioner of the Connecticut Department of Labor;

(7) “Mechanic,” “laborer,” or “worker” means any individual engaged in the duties of a mechanic, laborer or worker, pursuant to the classifications of labor under Section 31-53 of the Connecticut General Statutes, but does not mean an employee of a public service company, as defined in section 16-1 of the Connecticut General Statutes, or drivers of commercial motor vehicles driving such vehicles on public works projects and delivering or picking up cargo from such projects, provided that such drivers perform no labor relating to the projects other than the loading and the unloading of their cargo;

(8) “Plumber” means any person licensed in accordance with Chapter 393 of the Connecticut General Statutes who is subject to the continuing education requirements of section 20-334d of the Connecticut General Statutes and who performs “plumbing and piping work” as defined in section 20-330(3) of the Connecticut General Statutes;

(9) “Electrician” means any person licensed in accordance with Chapter 393 of the Connecticut General Statutes who is subject to the continuing education requirements of section 20-334d of the Connecticut General Statutes and who performs “electrical work” as defined in section 20-330(2) of the Connecticut General Statutes; and

(10) “Public works project” means a public works project to which subsection (g) of section 31-53 of the Connecticut General Statutes applies.

(Adopted effective May 5, 2009; Amended September 12, 2013)

Sec. 31-53b-2. Construction safety course, program or training; Supplemental Refresher Training Course
Latest version.

(a) Any person performing the duties of a mechanic, laborer or worker on a public works project shall be required, as a condition of performing such work, to demonstrate compliance with section 31-53b of the Connecticut General Statutes by having completed a construction safety and health course, program or training, as appropriate.

(b) In addition to the requirements set forth in subsection (a) of this section, any electrician or plumber subject to section 31-53b of the Connecticut General Statutes who has completed a course of at least ten hours in duration in construction safety and health approved by the federal Occupational Safety and Health Administration five or more years prior to the date such electrician or plumber begins work on such public works project, shall be in compliance with these regulations provided such electrician or plumber has successfully completed a supplemental refresher training course of at least four hours in duration in construction safety and health taught by a federal Occupational Safety and Health Administration authorized trainer.

(c) Proof of course, program or training or supplemental refresher training course completion shall be demonstrated through the presentation of a course, program or training or supplemental refresher training course completion document. For purposes of the supplemental refresher training course, proof of training shall be a student course completion card issued by the federal Occupational Safety and Health Administration authorized trainer who conducted the training. Each student course completion card shall reference the trainer’s identification number;

(d) For purposes of these regulations, any completion document with an issuance date more than five years prior to the commencement date of such public works project shall not constitute compliance with section 31-53b of the Connecticut General Statutes and this section, except electricians and plumbers may be found to be in compliance provided that they have successfully completed a supplemental refresher training course of at least four hours in duration in construction safety and health taught by a federal Occupational Safety and Health Administration authorized trainer.

(Adopted effective May 5, 2009; Amended September 12, 2013)

Sec. 31-53b-3. Contractor responsibility
Latest version.

Each contractor subject to section 31-53b of the Connecticut General Statutes shall furnish proof, as provided in subsection (b) of section 31-53b-2 of the Regulations of Connecticut State Agencies, with the weekly certified payroll form for the first week that each person who performs the duties of a mechanic, laborer or worker begins work on the public works project.

(Adopted effective May 5, 2009)

Sec. 31-53b-4. Certified payroll
Latest version.

For each person who performs the duties of a mechanic, laborer or worker on a public works project subject to section 31-53 of the Connecticut General Statutes, the employer shall affix a copy of the construction safety course, program or training completion document to the certified payroll required to be submitted to the contracting agency for such project on which such employee's name first appears.

(Adopted effective May 5, 2009)

Sec. 31-53b-5. Penalty
Latest version.

Notwithstanding subsection (a) of section 31-53b-2 of the Regulations of Connecticut State Agencies, any person performing the duties of a mechanic, laborer or worker on a public works project without proof of course, program or training completion as provided in said section shall be subject to removal from the worksite if such person does not provide such proof to the Labor Commissioner by the fifteenth day after the date the employee is determined to be in noncompliance with these regulations. Any such person who is determined to be in noncompliance with these regulations may continue to work on a public works project for a maximum of fourteen consecutive calendar days while bringing his status into compliance.

(Adopted effective May 5, 2009)