[§396-18]  Safety and health programsfor contractors bidding on state construction jobs.  (a)  All bids andproposals in excess of $100,000 for state construction jobs as defined insection 103D-104 shall include a signed certification from the bidder orofferer that a written safety and health plan for the job will be available andimplemented by the notice to proceed date of the project.  The written safetyand health plan shall include:

(1)  A safety and health policy statement reflectingmanagement commitment;

(2)  A description of the safety and healthresponsibilities of all levels of management and supervisors on the job and astatement of accountability appropriate to each;

(3)  The details of:

(A)  The mechanism for employee involvement injob hazard analysis;

(B)  Hazard identification, including periodicinspections and hazard correction and control;

(C)  Accident and "near-miss"investigations; and

(D)  Evaluations of employee training programs;

(4)  A plan to encourage employees to report hazardsto management as soon as possible and to require management to address thesehazards promptly; and

(5)  A certification by a senior corporate or companymanager that the plan is true and correct.

(b)  Failure to submit the requiredcertification may be grounds for disqualification of the bid or proposal.

(c)  Failure to have available on site orfailure to implement the written safety and health plan by the project's noticeto proceed date shall be considered wilful noncompliance and be sufficient groundsto disqualify the award and terminate the contract. [L 1995, c 199, §2]