New Hampshire OSHA 10 requirement (RSA 277:5-a)

New Hampshire's rule is short, but its penalties add up quickly on a large crew.

Who is covered

RSA 277:5-a applies to anyone signing a contract for construction, reconstruction, alteration, remodeling, installation, demolition, maintenance or repair of a public work or building by a state agency or municipality, with a total project cost of $100,000 or more, when the work is paid for in whole or in part with state funds.

What is required

Contractors must have an OSHA 10-hour construction safety program for their on-site employees, and all employees must complete it before beginning work. The training must use an OSHA-approved curriculum.

The 15-day documentation window

An employee found without proof is subject to removal if they do not provide documentation by the fifteenth day after being found out of compliance. Proof provided by the employer counts.

Penalties

The labor commissioner may assess a civil penalty of up to $2,500, plus $100 per employee for each day of noncompliance. A ten-person crew out of compliance for a week can exceed $9,000.

Exemptions

The statute lists exemptions such as law enforcement officers doing traffic control or site security and certain flaggers. Read the full section for the current list.

Reading the statute line by line

RSA 277:5-a is only four paragraphs long, so it is worth reading closely. Here is what each part means for a contractor in practice.

Paragraph I: the trigger. The rule applies to "any person signing a contract" for construction, reconstruction, alteration, remodeling, installation, demolition, maintenance or repair of a public work or building. The owner can be a state agency, a municipality or an "instrumentality thereof", which covers bodies such as authorities and districts. The total project cost must be $100,000 or more, and the last sentence ties the rule to work "paid for in whole or in part with state funds." In plain terms:

• It is the project cost, not your subcontract value, that matters. A $30,000 electrical sub on a $2 million school renovation is covered.
• Maintenance and repair count. A long road-maintenance contract can trigger the rule even though nothing new is built.
• The training must be the OSHA 10-hour construction program using an OSHA-approved curriculum. An OSHA 10 General Industry card is a different course and is a poor bet on a construction site.
• Employees must complete it before beginning work, not within a grace period. The 15-day window in paragraph II is about documentation after a finding, not a free pass for new hires.

Paragraph II: removal and documentation. If the labor commissioner's staff find an employee who has not completed the program, that employee can be removed from the worksite unless documentation is provided by the fifteenth day after the finding. The paragraph also says documentation "provided by the employer" counts. That makes it important that your office can produce the proof, not only the worker.

Paragraph III: penalties. The commissioner may assess a civil penalty of up to $2,500, plus $100 per employee per day of noncompliance. The money goes into the Department of Labor restricted fund, which pays for the inspectors who enforce the rule.

Paragraph IV: exemptions. Four groups are exempt: law enforcement officers doing traffic control or site security; flaggers who completed the Department of Transportation's flagger training; federal, state and municipal government employees and inspectors; and anyone not considered "on the site of work" under the federal Davis-Bacon Act, such as delivery drivers and non-trade staff.

What the penalty math looks like

The per-day, per-employee part is what makes this rule expensive. Some examples, assuming the commissioner assesses the full amounts:

An online OSHA 10 course typically costs about $59–$90 per person. Even a single worker out of compliance for a week costs far more than training them in the first place.

A compliance timeline for a New Hampshire public job

At bid time

• Check the funding. Ask the owner or read the bid documents to see if any state money is involved. If it is, assume RSA 277:5-a applies.
• Check the total project cost, not just your package.
• List everyone you expect to send to the site, including subcontractors and temporary labor, and note who already has an OSHA 10 Construction card.

Before mobilization

• Get every missing worker through an authorized OSHA 10 Construction course. Online courses are capped at 7.5 hours a day, so allow at least two days per person.
• Collect a photo of the front and back of each card and scan the QR code on newer plastic cards.
• Put a clause in your subcontracts requiring OSHA 10 Construction for all on-site employees before they start, with proof sent to you.

On site

• Keep a current list of workers with their card details so the superintendent can show it on request.
• Check new arrivals on day one. A replacement worker sent by a sub at short notice is the most common gap.
• If someone arrives without proof, keep them off the site until they have it. "Before beginning work" is the statutory standard.

If an inspector finds a gap

• Write down the date of the finding. The fifteen-day documentation window runs from that date.
• Look for the worker's card or certificate in your records first. Employer-provided proof counts.
• If the worker never took the course, get them enrolled the same day and keep them off the site until they finish.

Common mistakes on New Hampshire jobs

• Assuming a municipal job is exempt. Town projects are covered when state funds are part of the cost. Many local projects include state aid.
• Counting your contract instead of the project. The $100,000 test is the total project cost.
• Relying on a General Industry card. The statute names the 10-hour construction safety program.
• Forgetting maintenance contracts. Repair and maintenance work on public buildings is listed in the statute.
• No proof in the office. If the only copy of the card is in a worker's truck, you may not be able to show compliance quickly.

How New Hampshire compares with its neighbors

Contractors near the borders often work in two or three states in one season.

• Massachusetts requires OSHA 10 for public works and building contracts over $10,000 under M.G.L. c.30 §39S. That threshold is much lower, so a small job that is not covered in New Hampshire can be covered across the line. See the Massachusetts OSHA 10 guide.
• Rhode Island uses the same $100,000 threshold but also requires workers to carry the physical card. See the Rhode Island OSHA 10 guide.
• Connecticut ties proof to the first certified payroll. See the Connecticut OSHA 10 guide.
• Maine and Vermont do not have a state OSHA 10 statute that we track, but general contractors there often require it anyway.

If your crew moves between states, the simplest policy is OSHA 10 Construction for everyone before they set foot on any public site. The state requirements checker shows the rules side by side.

Keeping records that hold up

For each worker, record the name, card type (10-hour Construction), card number, issue date, trainer or online provider, and a photo of both sides. The statute does not set a renewal period, so do not invent an expiry date. Federal OSHA 10 cards do not expire. If a worker loses a card, replacement goes through the original trainer, and only within five years of the class, so the photo matters. Keep your list in one place that both the office and the superintendent can open, such as a spreadsheet or a crew card tracker.

What counts as proof

The statute says graduates receive a card from OSHA certifying completion, and that documentation provided by the employer counts. In practice, keep these in order of strength:

1. The Department of Labor OSHA 10 Construction card, or a clear photo of the front and back.
2. The temporary certificate issued by an authorized online provider or trainer at the end of the course. Cards can take up to 90 days to arrive, so the temporary certificate bridges the gap for recent graduates.
3. A letter or email from the trainer confirming the class date and the student's name, for older cards that have been lost.

A certificate from a course that is not part of OSHA's Outreach Training Program is not proof of an OSHA 10 card. Before paying for courses, check the provider with the online OSHA course checker.

Sample subcontract language

You can adapt this clause for subcontracts on New Hampshire public work. Have your attorney review it before use.

Subcontractor shall ensure that every employee it assigns to the project site has completed the OSHA 10-hour Construction Outreach course before beginning work, as required by RSA 277:5-a, and shall deliver a copy of each employee's course completion card or temporary certificate to Contractor before that employee's first day on site. Subcontractor shall bear any penalties assessed due to its employees' noncompliance.

The last sentence matters. The penalty is assessed against the employer, but a general contractor can still face delays and owner complaints when a sub's crew is removed.