Massachusetts has one of the lowest dollar thresholds in the country. Almost any public construction contract is covered.
The rule
Chapter 30, §39S applies to anyone who bids on or signs a contract for the construction, reconstruction, alteration, remodeling or repair of a public work, or the construction, installation, demolition, maintenance or repair of a public building, estimated to cost more than $10,000. The bidder certifies under penalties of perjury that:
- all employees to be employed at the worksite will have completed an OSHA-approved construction safety and health course of at least 10 hours at the time the employee begins work, and
- documentation of completion will be furnished with the first certified payroll report for each employee.
Enforcement
Subsection (b) is blunt: an employee found on a covered worksite without documentation "shall be subject to immediate removal." The Attorney General's Fair Labor Division enforces the act. Its advisory explains that the certification language must also flow down into contracts between GCs and subs, and between subs and their own subs.
Does the card need renewing?
The statute sets no refresh period. Federal OSHA 10 cards do not expire, so an older card still satisfies §39S unless the contract says otherwise.
Practical tips
- Because the threshold is so low, assume every municipal job (school repairs, town hall roofs, DPW work) is covered.
- New hires must have the card before their first day on site. There is no grace period like Missouri's.
- Keep scans ready to attach to certified payroll. A worker removed mid-day costs more than the course would have.
What "public work" and "public building" cover
Section 39S sits in Chapter 30, which governs contracts by Commonwealth agencies, counties, cities, towns and other public bodies. The two halves of the trigger are worded slightly differently:
- Public works: construction, reconstruction, alteration, remodeling or repair.
- Public buildings: construction, installation, demolition, maintenance or repair.
Between them, nearly every kind of physical work on public property is included: a new fire station, a roof replacement at a middle school, a boiler swap in a library, demolition of an old DPW garage, or ongoing maintenance at a housing authority. The test is the estimated cost of the contract, and the line is "more than $10,000." A $9,500 job is outside the rule; a $10,500 job is inside it.
Because the threshold is so low, many Massachusetts contractors simply treat OSHA 10 Construction as a condition of employment. It is easier than tracking which small public jobs cross the line.
The certification you sign
When you bid on or sign a covered contract, you certify under the pains and penalties of perjury that two things are true. First, that all employees employed at the worksite will have completed an OSHA-approved construction safety and health course of at least ten hours by the time they begin work. Second, that you will furnish documentation of completion with the first certified payroll report for each employee.
Two things follow from that wording.
It is a sworn statement. Signing it when you know some of your crew are untrained is not a paperwork slip. Treat it like any other certification on a public contract.
Proof travels with payroll. Massachusetts prevailing wage jobs already require weekly certified payroll. Section 39S adds the OSHA 10 documentation for each employee to the first payroll report on which that employee appears. Build the step into your payroll process: when a new name appears on certified payroll, the card copy goes with it.
Flow-down to subcontractors
The Attorney General's advisory on §39S explains that the certification language must flow down. A general contractor's subcontract must include it, and a subcontractor's own sub-subcontracts must include it too. In practice:
- The general contractor puts the §39S certification in every subcontract.
- Each sub certifies for its own employees and collects card copies.
- Each sub attaches its employees' documentation to its own first certified payroll for each employee.
- The general contractor keeps copies, because it is the party the owner and the Fair Labor Division will call first.
A short clause can help. Adapt this with your attorney:
Subcontractor certifies, under the pains and penalties of perjury, that all of its employees employed at the worksite will have completed an OSHA-approved construction safety and health course of at least ten hours at the time the employee begins work, in accordance with M.G.L. c.30 §39S, and shall furnish documentation of successful completion with its first certified payroll report for each employee. Subcontractor shall include this provision in all lower-tier subcontracts.
Immediate removal: what it looks like on site
Subsection (b) says an employee found on a covered worksite without documentation is subject to immediate removal. Unlike New Hampshire's 15-day documentation window or Missouri's 60-day grace period, there is no time to fix the gap while the worker stays on site.
Picture a framing crew on a town library addition. An inspector asks for documentation, and two workers who started on Monday have none. Both are removed that morning. The crew is short for the rest of the week, the schedule slips, and the general contractor asks why the sub's certification was signed. The course fee per worker is usually under $100 online. The removal costs a lot more.
To avoid it:
- Collect a card photo or temporary certificate before a new worker's first day.
- Keep copies where the foreman can show them on site, not only at the office.
- If a worker is mid-course, keep them off covered sites until they finish. Online OSHA 10 takes at least two days because of the 7.5-hour daily limit.
What counts as an "OSHA-approved" 10-hour course
The statute's wording is "OSHA-approved construction safety and health course of at least ten hours." In practice, contractors and public owners rely on the OSHA Outreach Training Program 10-hour Construction card, delivered by an OSHA-authorized trainer or an authorized online provider. Things that do not usually count:
- A General Industry 10-hour card on a construction site.
- A course from a website that is not on OSHA's list of authorized online providers.
- A company's in-house safety orientation, however good it is.
If you are not sure about an online course, run it through the online OSHA course checker before you pay.
Public employees doing construction work
Massachusetts has also extended OSHA protections to public-sector employees through the Department of Labor Standards. Some cities and towns require OSHA 10 for their own DPW crews as a matter of policy. That is separate from §39S, which governs contractors on public contracts. If you run a municipal crew, check your town's policy with the Department of Labor Standards.
A checklist for Massachusetts public jobs
- Is the owner a public body under Chapter 30? Is the estimated cost more than $10,000? If yes to both, §39S applies.
- Include the §39S certification in every subcontract and require subs to flow it down.
- Collect card copies before mobilization; no one starts without one.
- Attach documentation to the first certified payroll for each employee.
- Keep a site copy of the crew list with card details.
- Do not record an expiry date for OSHA 10 cards. The statute sets no refresh period and federal cards do not expire.
Massachusetts next to its neighbors
| State | Threshold | When proof is due |
|---|---|---|
| Massachusetts | Over $10,000 | Training complete at start; documentation with first certified payroll |
| Connecticut | Covered public works | Proof with the first certified payroll |
| New Hampshire | $100,000 with state funds | Before beginning work; 15 days to document after a finding |
| Rhode Island | $100,000 state or municipal | Card on the person at all times |
| New York State | $250,000 public work | Before any work |
A crew that meets Massachusetts' rule, trained before day one with copies on file, is in good shape almost anywhere in New England. The state requirements checker shows the full list.
Keeping track for a busy season
Massachusetts contractors often run several small public jobs at once. Keep one list of workers with card type, card number, issue date, trainer and a photo of both sides. When a worker moves between jobs, the documentation moves with them. A crew card tracker or a training matrix makes it easy to pull the right copies for each certified payroll.
Common Massachusetts mistakes
- Treating small jobs as exempt. A $15,000 classroom flooring job is covered. The threshold is low on purpose.
- Signing the certification before checking the crew. Look at your list first, then sign.
- Sending card copies late. The documentation belongs with the first certified payroll for each employee, not at the end of the job.
- Forgetting temporary labor. Workers from a staffing agency are employed at the worksite too. Ask the agency for card copies before they arrive.
- Mixing up OSHA 10 and the hoisting license. Massachusetts hoisting engineer licenses and OSHA 10 cards are separate. Equipment operators on public jobs need both.
- Losing track of the trainer. If a card is lost, only the original trainer or provider can replace it, once, within five years of the class. Record who issued each card.