Federal rule requires contractors to disclose OSHA citations

Contractors bidding on work with the federal government would have to disclose OSHA citations, along with violations of a variety of other federal laws, under a recently issued rule for implementing the “Fair Pay and Safe Workplaces” executive order.

A variety of business groups, including the Association of General Contractors, have objected to the rule, saying it is vague, allows federal officials to arbitrarily target firms for punishment, and amounts to a federal “blacklisting” process.

The rule applies to bidding processes for federal contracts worth more than $500,000. The requirement to disclose OSHA citations will apply to any serious, willful, repeat or failure-to-abate violation issued within three years prior to the federal government offering the contract, although when regular reporting begins for prime contractors beginning October 25, 2016, reports will only be required for violations received in the preceding year. The three-year look-back period will be phased in.

The AGC says it is considering legislative and legal challenges to the rule.