By Bob Katzen
House 154-0, approved and sent to the Senate a bill that supporters said is designed to boost safety for firefighters and people conducting “hot work” including welding, plasma cutting and spark-producing construction. The measure was first proposed after the March 2014 deaths of firefighters Edward Walsh and Michael Kennedy who perished while fighting a fire that was caused by welders, working without a city permit, on a building next door to the brownstone in which they died. The bill requires the establishment of a system of public notification and recording of non-compliance with regulations.
The bill establishes penalties for violations including a fine up to $1,000 for a first offense; a fine up to $2,000 and/or a prison sentence of up to one year for a second offense; and for a third or subsequent offense, a fine up to .025 percent of the total project value or $10,000, whichever is greater, and/or imprisonment for up to 2.5 years
Other provisions increase from $25,000 to $250,000 the penalty for a wanton or reckless violation of the state building or fire code that causes serious bodily injury; add a penalty of up to $500,000 and/or up to seven years in prison for a wanton or reckless violation of the state building or fire code that causes death to any person; provide that a person found to have acted with criminal negligence may be determined to be criminally liable for damage or death stemming from repeated and reckless non-compliance; and require all certifications and training programs for cutting, welding and hot works processes to be performed using the existing National Fire Protection Association or equivalent program.
“While we can never undo the profound loss of Lieutenant Edward Walsh Jr. and Firefighter Michael R. Kennedy, we can honor their sacrifice by ensuring that the lessons learned from that tragic day are not forgotten,” said Rep. Dan Cahill (D-Lynn), House Chair of the Committee on Public Safety and Homeland Security. “This legislation advances training, accountability and transparency to better protect workers, firefighters and the public from preventable fires caused by unsafe hot work practices.”
“This legislation aims to protect workers in Massachusetts from relaxed workplace practices that can result in significant on the job injuries and severe fires that subsequently put firefighters in harm’s way,” said House Speaker Ron Mariano (D-Quincy).
“By making these crucial reforms we will ensure the safety of the general public and our first responders” said Rep. Aaron Michlewitz (D-Boston), Chair of the House Committee on Ways and Means.
(A “Yes” vote is for the bill.)
Rep. Christine Barber Yes Rep. Mike Connolly Yes Rep. Paul Donato Yes Rep. Erika Uyterhoeven Yes