Public Works is defined in Section 292.675.1(5) as "all fixed works constructed for public use or benefit or paid for wholly or in part out of public funds. "Public works" includes any work done directly by any public utility company when performed by it pursuant to the order of the public service commission or other public authority whether or not it be done under public supervision or direction or paid for wholly or in part out of public funds when let to contract by said utility."

However, the law also states that the 10-hour construction safety program requirement shall not apply to:

• "Work performed by public utilities which are under the jurisdiction of the public service commission, or their contractors, or work performed at or on facilities owned or operated by said public utilities." (Section 292.675.8)
• "Rail grade crossing improvement projects where there exists a signed agreement between the railroad and the Missouri department of transportation or an order issued by the department of transportation ordering such construction." (Section 292.675.9)

Construction is defined in Section 292.675.1(1) as "construction, reconstruction, demolition, painting and decorating, or major repair."

Examples of construction may include, but are not limited to the following:

• Construction of buildings, structures, roads, bridges, sewers, etc.
• Improvements to buildings, structures, roads, bridges, sewers, etc.
• Construction site preparation such as drilling, blasting, excavating or clearing

The law will not apply to projects when the contract is with the federal government. However the law will apply to any contractor who enters into a contract with a public body for construction on public works, regardless of whether federal funds are involved.

Section 292.675.1(4) defines a public body as: "The state of Missouri or any officer, official, authority, board or commission of the state, or other political subdivision thereof, or any institution supported in whole or in part by public funds."

Once the Department issues an order for penalties to be paid, the public body may withhold the penalty amount from any payment to the contractor.

When the public body does not or is unable to withhold the penalties from a contactor and the contractor fails to pay penalties after 45 days following notification of the penalties, the Department of Labor and Industrial relations is required to pursue an enforcement action through circuit court.

Yes. The penalties will be assessed to the general contractor to be withheld by or paid to the public body. General contractors have the right to withhold the amount of penalties incurred due to violations by a subcontractor from payments owed to the subcontractor.

When the general contractor does not or is unable to withhold the penalties from a subcontractor, the amount may be recovered from the subcontractor in the circuit court in the county in which the public works project is located.

There are multiple resources available to obtain the required OSHA 10-hour construction safety training. For more information Please visit the OSHA Training Institute website at: www.osha.gov/fso/ote/training/edcenters/region_07.html.

OSHA maintains jurisdiction for compliance. Concerns regarding violations of OSHA regulations will continue to be addressed by OSHA by contacting one of the below OSHA offices: