S76-2011 Actions

• Mar 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Feb 21, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 4, 2012: REFERRED TO LABOR
• Jan 5, 2011: REFERRED TO LABOR

S76-2011 Memo

BILL NUMBER:S76

TITLE OF BILL:
An act
to amend the labor law, in relation to
enacting the "construction safety course accountability act"

PURPOSE:
To ensure the integrity of construction safety training programs
mandated pursuant to state and local laws, by requiring that entities
providing such courses register with the department of labor and that
they report the issuance of safety certificates so that a current
database of certificate holders can be maintained.

SUMMARY OF PROVISIONS:
Section 1 of the bill names the act the "construction safety course
accountability act." Section 2 amends section 220-h of the labor law
by adding subsection 2 to require that any entity in New York state
which offers a course to laborers, workers, and mechanics in
construction safety and health, approved by the United States
department of labor's occupational safety and health administration
that is at least ten hours in duration, obtain a license from the
department of labor;
adds subsection 3 to require that any entity offering such a course
submit a copy of the certificate or card issued to any individual
indicating completion of such course to the department of labor so
the department can maintain a current database of cardholders; and
adds subsection 4 to give the commissioner the authority to
promulgate any rules or regulations necessary to implement
subdivisions 2 and 3 of this section.

Section 3 provides that the act shall take effect immediately.

JUSTIFICATION:
Section 220-h of the labor law requires laborers, workers, and
mechanics employed on certain construction projects to complete a
course of instruction on safety and health approved by the United
States department of labor's occupational safety and health
administration that is at least ten hours in duration, commonly
known.as the "OSHA 10" course. New York City has a similar
regulation. Currently there is no centralized agency that tracks who
has taken the OSHA 10 course, and no centralized agency that tracks
which entities and organizations are certified to teach the course.
Because of that, it is difficult for employers and safety enforcement
agencies to establish the validity of cards purporting to indicate
that an individual has completed an OSHA 10 course, and there have
been significant instances of fraud in the administration of such
courses. For example, newspapers discovered instances of classes
being given in two hours
rather than ten, and in a bar rather than in a classroom. This
legislation would ensure that OSHA 10 courses are properly
administered and would reduce instances of fraud in the issuance of
OSHA 10 course completion cards.

LEGISLATIVE HISTORY:
2010: S.7543/A.10062-A


FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

S76-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          76
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
 printed to be committed to the Committee on Labor
 

AN ACT to amend the labor law, in relation to enacting the "construction
 safety course accountability act"
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  Short title.  This act shall be known and may be cited as
 the "construction safety course accountability act".
 

S 2. 

Section 220-h of the labor law, as added by chapter 282  of  the
 laws of 2007, is amended to read as follows:

 

S   220-h.   Occupational  Safety  and  Health  Administration  (OSHA)
 construction safety and health course. 1. The advertised  specifications
 for  every  contract  for  the construction, reconstruction, maintenance
 and/or repair of public work to which the state or a municipality  is  a
 party,  where  the  total  cost  of  all  work to be performed under the
 contract is at least two hundred fifty thousand dollars, shall contain a
 provision requiring that all laborers, workers, and  mechanics  employed
 in  the  performance  of the contract on the public work site, either by
 the contractor, sub-contractor or other person doing or  contracting  to
 do  the  whole or a part of the work contemplated by the contract, shall
 be certified prior to performing any  work  on  the  project  as  having
 successfully  completed  a  course  in  construction  safety  and health
 approved by the United States department of labor's occupational  safety
 and health administration that is at least ten hours in duration.
 2.  THE  DEPARTMENT  SHALL  LICENSE  ANY ENTITY OR ORGANIZATION IN THE
 STATE OF NEW YORK WHICH  OFFERS  A  COURSE  TO  LABORERS,  WORKERS,  AND
 MECHANICS  IN  CONSTRUCTION  SAFETY  AND  HEALTH  APPROVED BY THE UNITED
 STATES DEPARTMENT OF LABOR'S OCCUPATIONAL  SAFETY  AND  HEALTH  ADMINIS
 TRATION  THAT  IS  AT  LEAST  TEN  HOURS IN DURATION, INCLUDING, BUT NOT
 LIMITED TO COURSES GIVEN  IN  ORDER  THAT  SUCH  LABORERS,  WORKERS  AND
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01403-01-1
 
       S. 76                               2
 MECHANICS MAY BE ELIGIBLE TO WORK ON CERTAIN PROJECTS PURSUANT TO SUBDI
 VISION  ONE OF THIS SECTION OR PURSUANT TO ANY LOCAL RULE, REGULATION OR
 ORDINANCE.
 3.  ANY  PERSON,  ENTITY  OR ORGANIZATION WHICH ISSUES AN OCCUPATIONAL
 SAFETY AND HEALTH ADMINISTRATION CONSTRUCTION AND SAFETY  HEALTH  COURSE
 CARD  IN  NEW YORK STATE SHALL SUBMIT A COPY TO THE DEPARTMENT, WITH THE
 CARDHOLDER'S NAME AND ADDRESS AND THE DATE OF ISSUANCE.
 4. THE COMMISSIONER SHALL PROMULGATE ANY RULES OR  REGULATIONS  NECES
 SARY  FOR  THE  IMPLEMENTATION  OF  SUBDIVISIONS  TWO  AND THREE OF THIS
 SECTION.
 

S 3. This act shall take effect immediately.

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