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



(1)  A safety and health policy statement reflecting
management commitment;



(2)  A description of the safety and health
responsibilities of all levels of management and supervisors on the job and a
statement of accountability appropriate to each;



(3)  The details of:



(A)  The mechanism for employee involvement in
job hazard analysis;



(B)  Hazard identification, including periodic
inspections 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 hazards
to management as soon as possible and to require management to address these
hazards promptly; and



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



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



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