Federal Work Authorization Program and OSHA Requirements

Established by State Law

Government Regulations Affecting Lee’s Summit Bid Submittals

Disclaimer

The following presentation is a general overview of certain requirements arising from Missouri law. This presentation is not intended as legal advice and should not be construed as such. The topics discussed in this presentation have important legal implications and involve substantial risks arising from non-compliance. You are strongly urged to seek professional legal advice regarding how these laws may impact you and your business.

What Are We Going To Talk About?

What E-Verify is, why you have to comply with this new legal requirement, and how it impacts service-related suppliers interested in doing business not only with the City of Lee’s Summit, but any public entity.

What the legal requirement for OSHA safety training is, when it goes into effect, where you can obtain training, and how the new law impacts contractors interested in doing business with the City of Lee’s Summit and all other public entities.

What is a Federal Work Authorization Program (such as E-Verify)?

E-Verify is a free Web-based system that electronically verifies the employment eligibility of newly hired employees.

How Does It Affect Me?Enrollment in a federal work authorization program is required for certain public contracts by State Law. Section §§ 285.530, RSMo, which went into effect January 1, 2009. This law prohibits employment of unauthorized aliens and requires participation in a Federal work authorization program such as E-Verify. This law applies to all City contracts in excess of $5,000 .

How Does It Affect My Bid Submittal?

You will be required to include a Work Authorization Affidavit and documentation of participation in a work authorization program (such as E-Verify) as part of your Bid Submittal.

Failure to do so could result in a non-responsive bid determination.

How Does E-Verify Work?

Based on information provided by an employee on their form I-9, E-Verify electronically checks against DHS and Social Security Administration databases.

What Happens if I Don’t Enroll in a Federal Work Authorization Program?

Only business entities that are enrolled in a federal work authorization program are eligible for state or local government contracts in excess of $5,000.

What Do I Need to Provide the City?A signed and notarized Work Authorization Affidavit

A copy of the electronic signature page of the E-Verify Memorandum of Understanding (MOU), or similar document from another federal work authorization program

QUESTIONS?

http://www.dhs.gov/everify

What is the OSHA Training Requirement?

All employees of contractors and subcontractors who enter into a contract with the City on or after August 28, 2009 must complete a 10-hour Occupational Safety and Health Administration (OSHA) construction safety program, which includes a course in construction safety and health approved by OSHA or a similar program approved by the Department of Labor and Industrial Relations, per § 292.675 RSMo.

How Does It Affect Me?

It is required by State Law, Section §§ 292.675, RSMo, which goes into effect August 28, 2009. This law only applies to contracts for public works construction projects.

What if Employees Have Already Received Safety Training?

According to the Department of Labor and Industrial Relations Contractors and subcontractors will be in compliance if the training is OSHA or DOLIR-approved. Training certificates issued by OSHA do not expire. DOLIR requires that certification cards are issued to workers if substitute programs are used.

Where Can Workers Get Training? Resources are on the OSHA Training Institute website at: www.osha.gov/fso/ote/training/edcenters/region_07.html Metro Community College, KCMO, 816.482.5416.There are private consultants certified to conduct training.You can obtain certification to conduct training yourself.

How Much Does Training Cost?

Costs vary depending on the training resource selected. Metropolitan Community College can set up an on-campus class (minimum of seven students) for $269 per person. MCC also has adjunct trainers that can come onsite; fees vary depending on location and number of participants.

Contact: Alice Blea, Administrative AssistantOSHA/EHS (Environmental Health & Safety)Metropolitan Community College, 816.482.5416.

What If Workers Don’t Have Training?

Pursuant to Section §§ 292.675, RSMo, a contractor will forfeit $2,500 plus $100 per employee per calendar day to the City until they have received training.

Are Contractors Liable for Subcontractor Violations?

Yes. The penalties will be assessed to the general contractor to be withheld by or paid to the City. General contractors have the right to withhold the amount of penalties incurred from payments owed the subcontractor. See Section §§ 292.675.4, RSMo, for more details.

QUESTIONS?

http://www.dolir.mo.gov/ls/faq/faq_constsafety.htm

RecapYou should now know that enrollment in E-Verify is

required for all service-related suppliers interested in doing business with the government, how to obtain documentation, that failure to do so may render your bid non-responsive, and the penalties for employment of unauthorized aliens.

You should also know that 10 hours of OSHA safety training will be required for construction employees effective August 28, 2009, where you can obtain training, and that failure to train may result in penalties.

Disclaimer

The following presentation is a general overview of certain requirements arising from Missouri law. This presentation is not intended as legal advice and should not be construed as such. The topics discussed in this presentation have important legal implications and involve substantial risks arising from non-compliance. You are strongly urged to seek professional legal advice regarding how these laws may impact you and your business.