Requires that all persons working on contracts valued at $250,000 or more receive at least ten hours of OSHA training prior to their performance of work.
BILL NUMBER: S164
TITLE OF BILL : An act to amend the labor law, in relation to safety training for certain employees
PURPOSE OR GENERAL IDEA OF BILL :
Requires that all persons working on contracts valued at $250,000 or more receive at least ten hours of OSHA (Occupational Safety and Health Administration) training prior to their performance of work.
SUMMARY OF SPECIFIC PROVISIONS :
Section 1 Amends the Labor Law by adding a new section 202-m. Requires all persons working on contracts valued at $250,000 or more to receive at least ten hours of OSHA (Occupational Safety and Health Administration) training prior to their performance of work. Provides that the contractor, sub contractor, or others, doing part or whole work, shall be responsible for submitting certification to the Department of Labor prior to the commencement of any work. Provides that the contractor shall be liable for a fine in the amount of $5,000 for a first offense payable to the Department of Labor if an individual on a contract does not have his or her certification. Provides that the fine for each subsequent offense shall be double the amount of the fine assessed against the contractor for the immediately prior offense.
Section 2. Effective Date
EXISTING LAW :
The death of Miguel Rodriguez, the 21st New York City construction worker to succumb to one of the many accidents that occurred in 2008, was due to the negligent and deceitful practices of a contractor. Since then, eight construction-related deaths were recorded in 2012 and three in 2013. According to oshaonline.com (May 17, 2014): "All three 2013 deaths were falls and "due to lack of adequate fall protection at the job site." While the number of construction-related deaths decreased, the number of accidents increased. New York State must and should do more to protect construction workers. This bill will ensure that all hard working men and women in New York are aware of the safety measures that are required and needed to minimize unnecessary accidental injuries or deaths.
PRIOR LEGISLATIVE HISTORY :
2014: S.479 - Referred to Labor 2013: S.479 - Referred to Labor 2012: S.293 - Referred to Labor 2011: S.293 - Defeated in Labor 2010: S.3102 - Referred to Labor/A.3841 - Enacting Clause Stricken 2009: S.3102 - Referred to Labor/A.3841 - Referred to Labor
FISCAL IMPLICATIONS : No fiscal implication.
EFFECTIVE DATE : This act shall take effect on the one hundred eightieth day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 164 2015-2016 Regular Sessions IN SENATE (PREFILED) January 7, 2015 ___________Introduced by Sen. DIAZ -- 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 safety training for certain employees THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The labor law is amended by adding a new section 202-m to read as follows: S 202-M. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA) CONSTRUCTION SAFETY AND HEALTH COURSE. 1. EVERY CONTRACT FOR THE CONSTRUCTION, RECONSTRUCTION, MAINTENANCE AND/OR REPAIR OF ANY PROJECT WHERE THE TOTAL COST OF ALL WORK TO BE PERFORMED UNDER THE CONTRACT IS TWO HUNDRED FIFTY THOUSAND DOLLARS OR MORE, SHALL CONTAIN A PROVISION REQUIRING THAT ALL LABORERS, WORKERS, AND MECHANICS EMPLOYED IN THE PERFORMANCE OF THE CONTRACT ON THE 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. THE CONTRACTOR SHALL BE RESPONSIBLE FOR SUBMITTING A CERTIFICATION TO THE DEPARTMENT PRIOR TO THE COMMENCE- MENT OF ANY WORK ON THE PROJECT. 2. IF ANY PERSON PERFORMS ANY WORK ON A CONTRACT WITHOUT FIRST HAVING COMPLETED HIS OR HER TEN HOURS AS REQUIRED PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THEN THE CONTRACTOR SHALL BE LIABLE FOR A FINE, PAYABLE TO THE DEPARTMENT, IN THE AMOUNT OF FIVE THOUSAND DOLLARS FOR ITS FIRST OFFENSE. THE AMOUNT OF FINE FOR EACH SUBSEQUENT OFFENSE SHALL BE DOUBLE THE AMOUNT OF THE FINE ASSESSED AGAINST THE CONTRACTOR FOR THE IMME- DIATELY PRIOR OFFENSE.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00903-01-5 S. 164 2
3. IF MORE THAN ONE PERSON WORKING ON A CONTRACT DOES NOT HAVE HIS OR HER CERTIFICATION, EACH PERSON WORKING WITHOUT CERTIFICATION SHALL BE CONSIDERED A DISTINCT AND SUBSEQUENT OFFENSE OF THE CONTRACTOR. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.