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S. 1440Senate115th Congress (2017-2019)In Committee

Contractor Accountability and Workplace Safety Act of 2017

Sponsored by Elizabeth WarrenSen. Elizabeth Warren (D-MA)
Introduced June 26, 2017

AI-Generated Summary

Updated April 15, 2026 at 4:40 PM UTC

The Contractor Accountability and Workplace Safety Act of 2017 aims to improve safety for workers employed by defense contractors and to ensure taxpayer money is spent on responsible firms. It requires the Department of Defense to consider a contractor’s OSHA or state safety violations before awarding contracts and to give contractors a clear process to challenge responsibility decisions. The bill also calls for a government report on contractor safety performance.

Key Provisions

  • Contracting officers must review any known OSHA or equivalent state safety violations by a contractor or its subcontractors before awarding or renewing contracts valued over $1 million.
  • Violations can be referred to the DoD suspension and debarment official for possible action.
  • The Secretary of Defense must create policies that let contractors provide information, obtain a fast review of non‑responsibility findings, and appeal those decisions.
  • Contractors retain the right to protest bid decisions and appeal actions taken under this rule.
  • The DoD must provide training and guidance to acquisition staff and contractors on these new requirements.
  • Within 180 days, the Comptroller General must report on the safety records of DoD contractors, evaluate existing evaluation procedures, and assess whether the Labor Department should expand its oversight.

Legislative Activity

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SenateIntro Referral Latest Action

Read twice and referred to the Committee on Armed Services.

Armed Services Committee

June 26, 2017

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SenateIntro Referral

Introduced in Senate

June 26, 2017

SenateIntro Referral

Read twice and referred to the Committee on Armed Services.

Armed Services Committee

June 26, 2017

Bill Text

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Introduced in SenateIssued June 26, 2017

II

115th CONGRESS

1st Session

S. 1440

IN THE SENATE OF THE UNITED STATES

June 26, 2017

Ms. Warren introduced the following bill; which was read twice and referred to the Committee on Armed Services

A BILL

To ensure the safety of workers of contractors that serve and supply the Armed Forces and the accountable use of taxpayer dollars.

1.

Short title

This Act may be cited as the Contractor Accountability and Workplace Safety Act of 2017.

2.

Department of Defense contractor workplace safety and accountability

(a)

Identification of known workplace safety and health violations

(1)

In general

A contracting officer, prior to awarding or renewing a covered contract, shall, as part of the responsibility determination, consider any identified violations of the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) or equivalent State laws by the offeror, and by any covered subcontractors.

(2)

Responsibility determination

The contracting officer shall consider violations described in paragraph (1) in determining whether the offeror is a responsible source with a satisfactory record of performance that meets mission and ethical standards.

(3)

Referral of information to suspension and debarment officials

As appropriate, a contracting officer shall refer matters related to violations described in paragraph (1) to the Department of Defense's suspension and debarment official in accordance with Department procedures.

(b)

Contractor rights

The Secretary of Defense shall establish policies and practices—

(1)

ensuring that when making responsibility determinations, contracting officers request that contractors provide any and all information the contractors deem necessary to demonstrate responsibility prior to final determinations;

(2)

establishing mechanisms for contractors to have an expedited process to review any information used to support determinations of non-responsibility; and

(3)

establishing mechanisms for contractors to have an expedited process to appeal determinations of non-responsibility.

(c)

Protest rights

The Secretary of Defense shall protect the rights of contractors to protest bids and appeal actions taken pursuant to this section.

(d)

Training and guidance

The Secretary of Defense shall develop and provide clear training and guidance to acquisition officials, contracting officers, and current and potential contractors regarding implementation policies and practices for this section.

(e)

Comptroller General report

(1)

In general

Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Department of Defense and the congressional defense committees a report on the health and safety records of Department of Defense contractors.

(2)

Elements

The report required under paragraph (1) shall include the following elements:

(A)

A description of the Department of Defense's existing procedures to evaluate the safety and health records of current and prospective contractors.

(B)

An evaluation of the Department's adherence to those procedures.

(C)

An assessment of the current incidence of health and safety violations by Department contractors.

(D)

An assessment of whether the Department of Labor has the resources to investigate and identify safety and health violations by Department of Defense contractors.

(E)

An assessment of whether the Department of Labor should consider assuming an expanded investigatory role or a targeted enforcement program for ensuring the safety and health of workers under Department of Defense contracts.

(f)

Definitions

In this section:

(1)

Congressional defense committees

The term congressional defense committees has the meaning given the term in section 101(a)(16) of title 10, United States Code.

(2)

Covered contract

The term covered contract means a Department of Defense contract for the procurement of property or services, including construction, valued in excess of $1,000,000.

(3)

Covered subcontractor

The term covered subcontractor means a subcontractor listed in the bid for a covered contract or known by the Department of Defense to be a subcontractor of the offeror.