OSHA 10 Applicability

The OSHA 10 Legislation does not apply to projects advertised for bid prior to July 18, 2008.

The OSHA 10 Legislation Only applies to workers on a public work project that are required under Article 8 to receive the prevailing wage.

OSHA 10 Compliance Requirements

Chapter 282 of the Laws of 2007, codified as Labor Law 220-h took effect on July 18, 2008. The statute provides as follows:

The advertised specifications for every contract for public work of $250,000.00 or more must contain a provision requiring that every worker employed in the performance of a public work contract shall be certified as having completed an OSHA 10 safety training course. The clear intent of this provision is to require that all employees of public work contractors, required to be paid prevailing rates, receive such training “prior to the performing any work on the project.”

The Bureau will enforce the statute as follows:

All contractors and sub-contractors must attach a copy of proof of completion of the OSHA 10 course to the first certified payroll submitted to the contracting agency and on each succeeding payroll where any new or additional employee is first listed.

Proof of completion may include but is not limited to:

  • Copies of bona fide course completion card (Note: Completion cards do not have an expiration date.)
  • Training roster, attendance record of other documentation from the certified trainer pending the issuance of the card.
  • Other valid proof

**A certification by the employer attesting that all employees have completed such a course is not sufficient proof that the course has been completed.

Reference: OSHA 10 Compliance Requirements

OSHA 10 Hour Construction Safety & Health Training Course

Required on all public work projects of a least $250,000.00

This provision is an addition to the existing prevailing wage rate law, Labor Law §220, section 220-h. It requires that on all public work projects of at least $250,000.00, all laborers, workers and mechanics working on the site, be certified as having successfully completed the OSHA 10-hour construction safety and health training course. It further requires that the advertised bids and contracts for every public work contract of at least $250,000.00, contain a provision of this requirement.

Note: The OSHA 10 Legislation only applies to workers on a public work project that are required, under Article 8, to receive the prevailing wage.

Reference: Important OSHA 10 Information