ii As defined within the OSH Act, an “ employer ” is “any person engaged in business affecting commerce who has employees, but does not include the United States . . . or any State or political subdivision of a State.” 29 U.S.C. §652(5). Therefore the OSH Act applies to employers in, inter alia , construction, manufacturing, longshoring, agriculture, unions, disaster relief, and medicine. See e.g ., Max Muller, The Legal Side of HR Practice , American Management Association (2012). OSH Act applicability is not based on volume of business or number of employees. A person or business with a right of control and supervision will be deemed an employer in almost all cases. iii OSHA's regulations define "construction work" as "construction , alteration, and/or repair, including painting and decorating." 29 C.F.R. §1910.12(b) and 29 C.F.R. §1926.32(g). iv For a complete listing of OSHA Standards that contain employee training requirements, see O CCUPATIONAL S AFETY AND H EALTH A DMINISTRATION , T RAINING R EQUIREMENTS IN OSHA S TANDARDS (OSHA 2254-09R 2015) available at https://www.osha.gov/Publications/osha2254.pdf. v In Connecticut: “[a]ny 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 . . . [in construction safety or health of at least ten hours duration approved by the federal Occupational Safety and Health Administration].” C ONN . G EN . S TAT . §§31-53b-1 and 31-53b-2(a). In Massachusetts: “. . . all employees to be employed at [a public work or public building] worksite will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration at the time the employee begins work . . .” M ASS . G EN . L AWS ch.30, §39S. In Missouri: “Any contractor for any public body for purposes of construction of public works and any subcontractor to such contractor shall provide a ten-hour Occupational Safety and Health Administration (OSHA) construction safety program for their on-site employees which includes a course in construction safety and health approved by OSHA or a similar program . . . which is at least as stringent as an approved OSHA program, unless such employees have previously completed the required program.” Missouri Construction Safety Training Act, M O . R EV . S TAT . §292.675. In Nevada: “(1) If a construction worker other than a supervisory employee fails to present his or her employer with a current and valid completion card for an OSHA-10 course not later than 15 days after being hired, the employer shall suspend or terminate his or her employment. (2) If a supervisory employee on a construction site fails to present his or her employer with a current and valid completion card for an OSHA-30 course not later than 15 days after being hired, the employer shall suspend or terminate his or her employment.” N EV . R EV . S TAT . §618.983. In New Hampshire: “Any person signing a contract to work on a construction, reconstruction, alteration, remodeling, installation, demolition, maintenance, or repair of any public work or building by a state agency, municipality, or instrumentality thereof, and with a total project cost of $100,000 or more, shall have an Occupational Safety and Health Administration (OSHA) 10-hour construction safety program for their on-site employees. All employees are required to complete the program prior to beginning work. The training program shall utilize an OSHA- approved curriculum.” N.H. R EV . S TAT . Title XXIII, Ch. 227, §277:5-a. In New York: “The advertised specifications for every contract for the construction, reconstruction, maintenance and/or repair of public work to which the state or a municipality is a party, where the total cost of all work to be performed under the contract is at least two hundred fifty thousand dollars, shall contain a provision requiring that all laborers, workers, and mechanics employed in the performance of the contract on the public work site, either by the contractor, sub-contractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract, shall be certified prior to performing any work on the project as having successfully completed a course in construction safety and health approved by the United States department of labor's occupational safety and health administration that is at least ten hours in duration.” NY L AB L §220-h.
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