On February 26, 2013, Maryland Delegate Brian K. McHale of Baltimore City along with 7 other Delegates introduced House Bill 1486 (“HB1486”), which, if passed and signed by the Governor, would add a new title to the State Finance and Procurement Article entitled “Procurement – Occupational Safety and Health Prequalification”. The bill, among other things, would require the Maryland Department of Labor, Licensing and Regulation (the “DLLR”) to develop and adopt a safety questionnaire and safety rating system that would be used to evaluate the safety history and policies of contractors and subcontractors that perform work on construction projects for the State or Maryland and for local governments throughout the State. Under the bill, at least once a year, contractors and subcontractors would be required to provide the DLLR with answers under oath to the DLLR’s safety questionnaire along with supporting documentation. Pursuant to HB1486, the DLLR would be required to create a safety rating system and evaluate the contractors and subcontractors based on the safety rating system. The DLLR would also be required to create and publish a list of prequalified bidders based on the results of its safety evaluation. If the bill is enacted, contractors who are not prequalified by the DLLR will be precluded from bidding public work in the State of Maryland. Additionally, under the proposed legislation, a contractor would be unable to utilize a subcontractor that is not on the prequalification list.
For a copy of HB1486, click here.