Amendment AA1-AB408

LRBa0692/1

MED&ZDW:skw

2021 - 2022 LEGISLATURE

ASSEMBLY AMENDMENT 1, TO ASSEMBLY BILL 408

June 29, 2021 - Offered by Representative J. Rodriguez.

AB408-AA1,1,1 At the locations indicated, amend the bill as follows:

AB408-AA1,1,3 1. Page 1, line 5: after “Milwaukee" insert “, substance abuse prevention on certain public projects, and granting rule-making authority".

AB408-AA1,1,4 2. Page 2, line 1: before that line insert:

AB408-AA1,1,5 “ Section 1c. 103.503 (title) of the statutes is amended to read:

AB408-AA1,1,7 103.503 (title) Substance abuse prevention on public works and public utility certain projects ; certification.

AB408-AA1,1e Section 1e. 103.503 (1) (a) of the statutes is amended to read:

AB408-AA1,2,2 103.503 (1) (a) “Accident" means an incident caused, contributed to, or otherwise involving an employee that resulted or could have resulted in death, personal injury, or property damage and that occurred while the employee was performing the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 (2m), 2015 stats., on a project of public works or transportation project or while the employee was performing work on a public utility project.

AB408-AA1,1g Section 1g. 103.503 (1) (c) of the statutes is amended to read:

AB408-AA1,2,7 103.503 (1) (c) “Contracting agency" means a local governmental unit or a state agency that has contracted for the performance of work on a project of public works or transportation project or a public utility that has contracted for the performance of work on a public utility project.

AB408-AA1,1i Section 1i. 103.503 (1) (e) of the statutes is amended to read:

AB408-AA1,2,12 103.503 (1) (e) “Employee" means a laborer, worker, mechanic, or truck driver who performs the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 (2m), 2015 stats., on a project of public works, on a transportation project, or on a public utility project.

AB408-AA1,1L Section 1L. 103.503 (1) (f) of the statutes is amended to read:

AB408-AA1,2,16 103.503 (1) (f) “Employer" means a contractor, subcontractor, or agent of a contractor or subcontractor that performs work on a project of public works, on a transportation project, or on a public utility project.

AB408-AA1,1n Section 1n. 103.503 (1) (h) of the statutes is amended to read:

AB408-AA1,2,23 103.503 (1) (h) “Public utility" has the meaning given in s. 196.01 (5) and includes a telecommunications carrier, as defined in s. 196.01 (8m), an alternative telecommunications utility, as defined in s. 196.01 (1d), an owner of fiber optics, broadband, or cable, or, for purposes of subs. (2) and (4), a cooperative association organized under ch. 185 for the purpose of producing or furnishing heat, light, power, or water to its members only.

AB408-AA1,1p Section 1p. 103.503 (1) (i) of the statutes is amended to read:

AB408-AA1,3,6 103.503 (1) (i) “Public utility project" means a project erected, constructed, repaired, remodeled, or demolished for a public utility on a public right-of-way. For purposes of sub. subs. (3) , (6), and (7), “public utility project" does not include a project erected, constructed, repaired, remodeled, or demolished for a cooperative association organized under ch. 185 for the purpose of producing or furnishing heat, light, power, or water to its members only.

AB408-AA1,1r Section 1r. 103.503 (1) (k) of the statutes is created to read:

AB408-AA1,3,10 103.503 (1) (k) “Transportation project” means the construction or reconstruction of any road or bridge performed under a contract entered into by a local governmental unit.

AB408-AA1,1t Section 1t. 103.503 (2) of the statutes is amended to read:

AB408-AA1,3,19 103.503 (2) Substance abuse prohibited. No employee may use, possess, attempt to possess, distribute, deliver, or be under the influence of a drug, or use or be under the influence of alcohol, while performing the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 (2m), 2015 stats., on a project of public works or a transportation project or while performing work on a public utility project. An employee is considered to be under the influence of alcohol for purposes of this subsection if he or she has an alcohol concentration that is equal to or greater than the amount specified in s. 885.235 (1g) (d).

AB408-AA1,1v Section 1v. 103.503 (3) (a) (intro.), 2. and 3. of the statutes are amended to read:

AB408-AA1,3,25 103.503 (3) (a) (intro.) Before an employer may commence work on a project of public works, a transportation project, or a public utility project, the employer shall have in place a written program for the prevention of substance abuse among its employees. At a minimum, the program shall include all of the following:

AB408-AA1,4,8 2. A requirement that employees performing the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 (2m), 2015 stats., on a project of public works or a transportation project or performing work on a public utility project submit to random, reasonable suspicion, and post-accident drug and alcohol testing and to drug and alcohol testing before commencing work on the project, except that testing of an employee before commencing work on a project is not required if the employee has been participating in a random testing program during the 90 days preceding the date on which the employee commenced work on the project.

AB408-AA1,4,13 3. A procedure for notifying an employee who violates sub. (2), who tests positive for the presence of a drug in his or her system, or who refuses to submit to drug or alcohol testing as required under the program that the employee may not perform work on a project of public works, a transportation project, or a public utility project until he or she meets the conditions specified in sub. (4) (b) 1. and 2.

AB408-AA1,1w Section 1w. 103.503 (4) (a) (intro.) of the statutes is amended to read:

AB408-AA1,4,21 103.503 (4) (a) (intro.) No employer may permit an employee who violates sub. (2), who tests positive for the presence of a drug in his or her system, or who refuses to submit to drug or alcohol testing as required under the employer's substance abuse prevention program under sub. (3) to perform work on a project of public works, a transportation project, or a public utility project until he or she meets the conditions specified in par. (b) 1. and 2. An employer shall immediately remove an employee from work on such a project if any of the following occurs:

AB408-AA1,1y Section 1y. 103.503 (4m) (b) of the statutes is amended to read:

AB408-AA1,5,2 103.503 (4m) (b) Subsection Subsections (3) does, (6), and (7) do not apply to an employer that performs work on a public utility project for a cooperative association organized under ch. 185 for the purpose of producing or furnishing heat, light, power, or water to its members only.

AB408-AA1,1z Section 1z. 103.503 (6) and (7) of the statutes are created to read:

AB408-AA1,5,6 103.503 (6) Certification. (a) This subsection applies only with respect to an employer that performs work on a transportation project or public utility project, if the cost of the contract to perform the work is more than $25,000.

AB408-AA1,5,8 (b) 1. An employer that performs work as described in par. (a) shall do one of the following:

AB408-AA1,5,10 a. Certify its compliance with the requirements under this section annually on forms and in a manner prescribed by the department.

AB408-AA1,5,14 b. Certify, on a per-contract basis, with the contracting agency for the project. If the employer certifies on a per-contract basis as provided in this subd. 1. b., the employer shall, prior to commencing work on the project, file the employer's program under sub. (3) with the contracting agency.

AB408-AA1,5,15 2. No fee shall be required for a certification under subd. 1. a. or b.

AB408-AA1,5,16 (c) The department shall do all of the following:

AB408-AA1,5,18 1. Promulgate rules to implement par. (b) 1. a. The rules shall not apply to an employer that certifies on a per-contract basis as provided in par. (b) 1. b.

AB408-AA1,5,19 2. Promulgate rules to determine all of the following:

AB408-AA1,5,23 a. Penalties for a failure to comply with the certification requirement under par. (b) 1. The rules shall, except as provided in subd. 2. b., provide for a warning for a first violation of the certification requirement under par. (b) 1. and may provide penalties only for repeated violations.

AB408-AA1,6,2 b. Penalties for a failure to comply with the certification requirement under par. (b) 1. if an accident that results in a reportable injury or illness under 29 CFR 1904 or reportable property damage occurs while the employer was not so certified. A penalty under this subd. 2. b. may not exceed $25,000.

AB408-AA1,6,5 3. Send an annual notice by mail to any business that has performed work on a transportation project or public utility project and to any other contractor likely to bid on such projects describing the certification requirements under this subsection.

AB408-AA1,6,7 4. Maintain a list of all employers certified under par. (b) 1. a. that is easily accessible by the public.

AB408-AA1,6,11 (d) An employer that is subject to the certification requirement under par. (b) and that has not complied with that requirement may not commence work on a project for which the employer's contract is subject to par. (a) until the employer is in compliance.

AB408-AA1,6,13 (7) Penalties. In addition to any other penalties provided under this chapter, the department shall do all of the following:

AB408-AA1,6,15 (a) Assess a penalty for repeat violations of the certification requirement under sub. (6) (b), in accordance with the rules promulgated under sub. (6) (c) 2. a.

AB408-AA1,6,20 (b) Assess a penalty against an employer that has failed to comply with the certification requirement under sub. (6) (b), in accordance with the rules promulgated under sub. (6) (c) 2. b., when the department determines that an accident that resulted in a reportable injury or illness under 29 CFR 1904 or reportable property damage occurred while the employer was not so certified.”.