Enacts the "roadway excavation quality assurance act"; relates to workers on excavations; provides that utility companies or their contractors shall use competent workers and shall pay the prevailing wage on projects where a permit to use or open a street is required to be issued.
TITLE OF BILL: An act to amend the labor law, in relation to enacting the "roadway excavation quality assurance act"
PURPOSE: Provides that utility companies shall use competent workers and shall pay the prevailing wage on projects where a permit to use or open a street is issued.
SUMMARY OF PROVISIONS: Section one of the bill amends the labor law by providing a new section entitled, "Workers on Excavations." It provides that utility companies or their contractors, to whom a permit to use or open a street has been issued, shall use only competent workers skilled in the required work, and that the prevailing wage for similar titles shall be paid.
EXISTING LAW: Subdivision 3-a(e) of section 220 of the labor law requires utility companies and their contractors and subcontractors to agree to use competent, skilled workers and to pay prevailing wages where required by local law as a condition for issuance of a permit to use or open a street.
JUSTIFICATION: Currently, utility companies and their contractors are required to use skilled, competent workers and pay prevailing wages in localities that require these conditions to obtain a work permit to use or open a street. Existing regulations by OSHA and the State Department of Labor additionally require utility contractors throughout New York to provide training in safe-practices to their workers. Street excavation is dangerous for both workers and the public when the individuals performing the excavation are unskilled. Broken gas lines or communication cables can cause great disruption to local neighborhoods. The success of a similar law passed by New York city led the Legislature to support similar efforts by other municipalities with the enactment of chapter 591 of the laws of 2008. This bill will extend protection to the public and workers throughout New York whenever state contracts require the use of dangerous excavation work.
FISCAL IMPLICATIONS: None.
LEGISLATIVE HISTORY: 2011-12: S.3827/A.6970 Referred to Labor 2009: Referred to to Labor/A.404 - Advanced to 3rd Reading 2008: S.3249 Referred to Labor/A.3628 - Passed the Assembly 2007: S.3249 Referred to Labor/A.3628 - Passed the Assembly 2006: S.3285 Referred to Labor/A.6624 - Referred to Rules 2004: S.3605 Referred to Rules/A.8168 - Referred to Labor 2003: S.3604 Referred to Labor/A.8168 - Reported to Rules 2002: S.2143 Referred to Labor/A.7431 - Referred to Labor
2001: S.2143 Referred to Labor/A.7431 - Referred to Labor 2000: S.4272 Referred to Rules/A.7075 - Referred to Rules
EFFECTIVE DATE: Thirty days following enactment.
STATE OF NEW YORK ________________________________________________________________________ 1075 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sens. MAZIARZ, GRISANTI -- 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 "roadway excavation quality assurance 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 "roadway excavation quality assurance act". S 2. The labor law is amended by adding a new section 28 to read as follows: S 28. WORKERS ON EXCAVATIONS. UTILITY COMPANIES OR THEIR CONTRACTORS, TO WHOM A PERMIT MAY BE ISSUED BY THE STATE, A COUNTY OR A MUNICIPALITY TO USE OR OPEN A STREET, SHALL BE REQUIRED, BEFORE SUCH PERMIT SHALL BE ISSUED, TO ENTER INTO AN AGREEMENT THAT ONLY COMPETENT WORKERS SKILLED IN THE WORK REQUIRED OF THEM, SHALL BE EMPLOYED ON THE PROJECT FOR WHICH SUCH PERMIT TO USE OR OPEN A STREET WAS ISSUED, AND THAT THE PREVAILING WAGE FOR SIMILAR TITLES AS ESTABLISHED BY THE FISCAL OFFICER PURSUANT TO SECTION TWO HUNDRED TWENTY OF THIS CHAPTER, BE PAID TO THOSE SO EMPLOYED. NO PERMIT SHALL BE ISSUED UNTIL SUCH AGREEMENT SHALL HAVE BEEN ENTERED INTO WITH THE APPROPRIATE STATE, COUNTY OR MUNICIPAL AGENCY, AND ALL PERMITS ISSUED AFTER THE EFFECTIVE DATE OF THIS SECTION SHALL INCLUDE THEREIN A COPY OF THIS SECTION. WHEN PERMITS ARE ISSUED TO UTILITY COMPANIES OR THEIR CONTRACTORS, THE POWER TO ENFORCE THE TERMS OF THIS SECTION SHALL BE VESTED WITH THE DEPARTMENT CONSISTENT WITH THE PROVISIONS OF SECTION TWO HUNDRED TWENTY OF THIS CHAPTER. S 3. This act shall take effect on the thirtieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00709-01-3