House Passes Bills to Prevent 'Hot Works' Accidents, Increase Accountability

The Massachusetts House of Representatives today passed a pair of bills that aim to prevent “hot works” accidents at worksites and hold those responsible accountable. “Hot works” accidents involve heat, sparks, or flames capable of initiating fires or explosions. The bills passed today are based on the recommendations issued by the Walsh-Kennedy Commission, which was established after a nine-alarm fire - ignited by sparks from unpermitted welding work - claimed the lives of Boston Fire Department Lieutenant Edward Walsh and Firefighter Michael Kennedy.

“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 Ronald J. Mariano (D-Quincy). “I want to thank Chair Michlewitz, Chair Cahill, and Chair Ryan for their work on this bill, as well as all my colleagues in the House for recognizing the importance of these increased protections.”

“By making these crucial reforms we will ensure the safety of the general public and our first responders. I want to thank Speaker Mariano, Chair Ryan, Chair Cahill and all my House colleagues for supporting such a vital public safety reform,” said Representative Aaron Michlewitz, Chair of the House Committee on Ways & Means (D-Boston).

"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 Representative Daniel Cahill (D-Lynn), House Chair of the Joint 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."

"I want to thank the Speaker, Chair of Ways and Means, and Chair of the Joint Committee on Public Safety and Homeland Security for all of their efforts in bringing this bill to passage today. I also want to thank the Professional Fire Fighters of Massachusetts and Local 718 for their continued advocacy on this legislation," said Representative Daniel J. Ryan (D-Boston), House Chair of the Joint Committee on Public Service. "The work started after the horrible conditions which led to the deaths of Lt. Walsh and Fire Fighter Kennedy due to an unpermitted welding process. Today's bill passage, which will codify and update Massachusetts Fire Code, is an effort to avoid another tragedy, with enforcement, to protect professional tradespeople and Fire Fighters".

H.5491 An Act implementing the recommendations of the Walsh-Kennedy Commission Report

Penalties for Violations Pertaining to Cutting, Welding, or Hot Works Processes

The bill establishes penalties for violations related to cutting, welding, or hot works processes: a fine up to $1,000 for a first offense; a fine up to $2,000 and/or imprisonment in a house of correction for a second offense; and a fine up to .025 percent of the total project value or $10,000, whichever is greater, and/or imprisonment in a house of correction up to 2.5 years for a third or subsequent offense. The bill maintains a fine of $100 for a violation of any other fire prevention law and $100 for each day for a continuing violation. 

The bill authorizes a judge to take into account the size of the project on which the violation occurred and levy additional fines if the prescribed fine is inadequate to deter continued offenses.

Penalties for Violations of the State Building or Fire Codes

The bill increases 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. It maintains 2.5 years imprisonment.

The bill adds a penalty of up to $500,000 and/or 7 years in a state prison or 5 years in a house of correction, for a wanton or reckless violation of the state building or fire code that causes death to any person.

The bill adds 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.

Certification and Training Programs

The bill requires 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. The program must include:

• a thorough and accessible electronic database maintained by the department of fire services that can be used to check a worker’s status;
• multi-lingual in-class offerings;
• identity integrity safeguards;
• in-person original initial training; and
• subsequent annual continued education program either online or in person. 

Public Notification of Non-Compliance

The bill requires DFS, in consultation with the Division of Occupational Licensure (DOL), to establish a system of public notification and recording of non-compliance with regulations and statues pertaining to cutting, welding and hot works processes. This may include quarterly publications, an online database, an automated notification system to alert property owners, or communication with insurance companies.

S.1646 An Act relative to violation of regulation regarding hot work processes

This bill requires the Department of Fire Services (DFS), in cooperation with the Division of Occupational Licensure and local and state code enforcement officers, to collect data on written notices of code violations and fines from non-compliance with fire prevention laws, rules, and regulations, including:

• the failure of an individual to maintain hot work training certification;
• performing hot work without hot work training certification; and
• failure to comply with hot work permit requirements.

The bill requires DFS to develop, operate and maintain a database of the collected information publicly on its website, which must have an automated notification system to alert affected property owners and insurance companies.

The bills passed the House of Representatives 156-0 and now go to the Senate for consideration.