A10677-2011 Actions

• Jun 21, 2012: substituted by s7677
• Jun 21, 2012: rules report cal.572
• Jun 21, 2012: reported
• Jun 21, 2012: reported referred to rules
• Jun 20, 2012: reported referred to codes
• Jun 14, 2012: referred to labor

A10677-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 10677
 I N  ASSEMBLY
 June 14, 2012
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Gabryszak)
 -- read once and referred to the Committee on Labor
 

AN ACT to amend the labor law, in relation  to  requiring  employers  to
 provide emergency escape systems to firefighters
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Paragraph c of subdivision 4 of section 27-a of  the  labor
 law,  as  amended by chapter 433 of the laws of 2007, is amended to read
 as follows:

 c. Except for an employer located in a city with a population of  over
 one  million, any employer who employs a firefighter DETERMINED TO BE AT
 RISK OF ENTRAPMENT AT ELEVATIONS PURSUANT TO REGULATIONS PROMULGATED  BY
 THE  COMMISSIONER,  shall  provide  [safety ropes and system components]
 EMERGENCY ESCAPE SYSTEMS for use by such firefighter.  The  commissioner
 shall  by  rule  [adopt]  IDENTIFY  the codes, standards and recommended
 practices [promulgated by the most recent edition] of THE National  Fire
 Protection  Association [1983, Standard on Fire Service Life Safety Rope
 and System Components, and] AND OTHER APPROPRIATE STANDARDS APPROVED  BY
 THE  COMMISSIONER  as are appropriate to the nature of the risk to which
 the firefighter shall be exposed AND SHALL, AT  A  MINIMUM,  INCLUDE  IN
 SUCH  RULE  LANGUAGE  REQUIRING  EMPLOYERS TO (1) IDENTIFY WHETHER FIRE
 FIGHTERS EMPLOYED BY THEM WOULD BE EXPOSED TO THE HAZARD  OF  ENTRAPMENT
 AT  ELEVATED  SURFACES;  (2)  IDENTIFY  THOSE  FIREFIGHTERS WHO WOULD BE
 EXPOSED TO THE HAZARD;  AND  (3)  DETERMINE  THE  APPROPRIATE  EMERGENCY
 ESCAPE  SYSTEMS  TO  ADDRESS THE HAZARD.   Such [safety ropes and system
 components] EMERGENCY ESCAPE SYSTEMS shall be adequate  to  protect  the
 health and safety of the firefighter. The employer shall ensure that the
 firefighter  is  instructed  in  the proper use of the [safety ropes and
 system components] EMERGENCY ESCAPE SYSTEMS.  AS USED IN  THIS  SUBDIVI
 SION, THE TERM "ENTRAPMENT AT ELEVATIONS" SHALL MEAN A SITUATION WHERE A
 FIRE OR OTHER EMERGENCY CONDITIONS REQUIRE A FIREFIGHTER INSIDE A STRUC
 TURE  TO  IMMEDIATELY  EXIT THE STRUCTURE BUT WHERE SUCH CONDITIONS MAKE
 THE NORMAL ROUTE OF EXIT UNUSABLE, THEREBY REQUIRING THE FIREFIGHTER  TO
 EXIT  THE  STRUCTURE FROM AN OPENING THAT IS NOT DESIGNED AS AN EXIT AND
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD16238-02-2
 
       A. 10677                            2
 IS ABOVE THE GROUND FLOOR OR  AT  AN  ELEVATION  ABOVE  THE  SURROUNDING
 TERRAIN  THAT  WOULD  REASONABLY  BE EXPECTED TO CAUSE INJURY TO A FIRE
 FIGHTER EXITING BY MEANS OF THIS OPENING WITHOUT  ANY  EMERGENCY  ESCAPE
 SYSTEMS. AS USED IN THIS SUBDIVISION, THE TERM "EMERGENCY ESCAPE SYSTEM"
 SHALL  MEAN SAFETY ROPES AND SYSTEM COMPONENTS AND ANY OTHER SYSTEM THAT
 (1) IS COMPLIANT WITH THE CODES, STANDARDS AND RECOMMENDED PRACTICES  OF
 THE  NATIONAL  FIRE PROTECTION ASSOCIATION OR OTHER APPROPRIATE STANDARD
 IDENTIFIED BY THE COMMISSIONER THROUGH REGULATION, AS A MEANS  OF  EMER
 GENCY  SELF-RESCUE  FROM  AN ABOVE GRADE, IMMEDIATELY HAZARDOUS ENVIRON
 MENT, (2) HAS BEEN CERTIFIED BY A NATIONALLY RECOGNIZED  SAFETY  TESTING
 AND  CERTIFICATION ORGANIZATION, AND (3) THE COMMISSIONER HAS RECOGNIZED
 THROUGH REGULATION.
 In order to ensure the adequacy of the [safety ropes and system compo-
 nents] EMERGENCY ESCAPE SYSTEMS, the employer must routinely inspect and
 ensure that:

 (1) Existing [safety ropes and  system  components]  EMERGENCY  ESCAPE
 SYSTEMS  meet  the codes, standards and recommended practices adopted by
 the commissioner.
 (2) Existing [safety ropes and  system  components]  EMERGENCY  ESCAPE
 SYSTEMS  still perform their function and to identify any of their limi
 tations such as but not limited to:

 (i) Checking the labels or stamps on the equipment; and
 (ii) Checking any documentation or equipment specifications; and
 (iii) Contacting the supplier or the approval agency;
 (3) Firefighters are informed of the limitations of [any safety  ropes
 and system components] EMERGENCY ESCAPE SYSTEMS;
 (4)  Firefighters are not allowed or required to use any [safety ropes
 or system components] EMERGENCY ESCAPE SYSTEMS beyond their limitations;
 (5) Existing and new [safety ropes and  system  components]  EMERGENCY
 ESCAPE SYSTEMS have no visible defects that limit their safe use;
 (6)  [Safety ropes and system components] EMERGENCY ESCAPE SYSTEMS are
 used,  cleaned,  maintained  and  stored  according  to   manufacturer's
 instructions;
 (7)  The  firefighter is instructed in identifying to the employer any
 defects that the firefighter may find in [safety ropes and system compo-
 nents] EMERGENCY ESCAPE SYSTEMS; and
 (8) Any identified defects are corrected or immediate action is  taken
 by the employer to eliminate the use of this equipment.
 

S  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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