Prohibits state purchase of products manufactured under conditions that fail to comply with minimum OSHA standards; requires the commissioner of general services to compile a list of products manufactured under conditions that fail to comply with minimum safety standards and the manufacturers thereof.
TITLE OF BILL: An act to amend the state finance law, in relation to products manufactured under conditions that fail to comply with minimum OSHA standards
PURPOSE: To ensure that the state do not condone, support or complement manufacturing revenues at the expense of the health, safety and well-being of workers engaged in product development.
SUMMARY OF PROVISIONS: This bill seeks to ban the purchase, by the State of New York, of products manufactured overseas by American concerns that are not observing, minimally, Section 18(c) of the United States Occupational Safety and Health Act of 1970, 1902.32(b) to render their manufacturing operations under a plan that is "at least as effective as" operations under the Federal program in providing safe and healthful employment and places of employment.
The bill further proposes the establishment of a list by the New York State Office of General Services classifying the products and manufacturers that are not in compliance with regard to the minimal Federal standards constituting safe and healthful environments by any American manufacturing entity. Such list, available on an Office of General Services website, shall serve as a purchasing guide for New York State departments, divisions, offices, authorities and public benefit corporations purchasing equipment, devices, office accessories and related goods.
EFFECTS OF THE PRESENT LAW WHICH THIS BILL WOULD ALTER: This bill would give the commissioner of general services the power to develop a list of products, that in the absence of observing the Occupational Safety and Health Act of 1970 standards, would not be among those products eligible to be purchased by the State. Furthermore, the commissioner would have the power add or delete from such list, with good cause. Said list would be published on the office of general services website.
JUSTIFICATION: A number of incidents have proliferated the headlines during the last year regarding injuries and fatalities resulting from physical conditions in the work environment of foreign enterprises manufacturing American product. Most recently in December, 2011 when an explosion at a Shanghai supplier to Apple resulted in the injury of 61 workers when aluminum dust produced by polishing IPad cases ignited.
Compliance with OSHA standards could result in a higher cost of production on foreign soil reverting manufacturing to the U.S.
LEGISLATIVE HISTORY: This is a new bill.
FISCAL IMPLICATION: To be determined with regard to cost of establishing the data bank.
EFFECTIVE DATE: This act shall take effect on the 90th day after it shall become a law.
STATE OF NEW YORK ________________________________________________________________________ 2385 2013-2014 Regular Sessions IN SENATE January 17, 2013 ___________Introduced by Sen. ADAMS -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the state finance law, in relation to products manufac- tured under conditions that fail to comply with minimum OSHA standards THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 165 of the state finance law is amended by adding a new subdivision 9 to read as follows: 9. PRODUCTS MANUFACTURED IN COMPLIANCE WITH MINIMUM OCCUPATIONAL SAFE- TY AND HEALTH ACT (OSHA) STANDARDS. A. AS USED IN THIS SUBDIVISION, "MINIMUM OSHA STANDARDS" SHALL MEAN THOSE STANDARDS ISSUED PURSUANT TO THE OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970, AS AMENDED. B. THE COMMISSIONER OF GENERAL SERVICES SHALL HAVE THE POWER AND IT SHALL BE HIS OR HER DUTY TO PREPARE A LIST OF ALL PRODUCTS THAT ARE MANUFACTURED UNDER CONDITIONS THAT FAIL TO OBSERVE: (I) STANDARDS PROMULGATED UNDER OSHA; OR (II) STANDARDS THAT ARE AT LEAST AS EFFECTIVE AS THE STANDARDS PROMULGATED UNDER OSHA, WHICH RELATE TO THE SAME ISSUES THEREUNDER, WHERE SUCH A MANUFACTURING OPERATION OCCURS IN A JURISDIC- TION NOT OTHERWISE REQUIRED TO COMPLY WITH SUCH STANDARDS, INCLUDING ANY OPERATION WHICH TAKES PLACE IN ANY OTHER COUNTRY, NATION OR PROVINCE. THE COMMISSIONER OF GENERAL SERVICES SHALL PREPARE A COMPANION LIST OF THE MANUFACTURERS OF SUCH PRODUCTS. THE COMMISSIONER OF GENERAL SERVICES SHALL ADD OR DELETE FROM SAID LISTS ANY PRODUCT OR MANUFACTURER UPON GOOD CAUSE SHOWN. THE COMMISSIONER OF GENERAL SERVICES SHALL CAUSE SUCH LISTS TO BE PUBLISHED ON THE WEBSITE OF THE OFFICE OF GENERAL SERVICES. C. A STATE AGENCY SHALL NOT ENTER INTO ANY CONTRACT FOR PROCUREMENT OF A (I) PRODUCT CONTAINED ON THE LIST PREPARED BY THE COMMISSIONER OF GENERAL SERVICES PURSUANT TO PARAGRAPH B OF THIS SUBDIVISION; OR (II) PRODUCT MANUFACTURER BY A MANUFACTURER CONTAINED ON THE LIST PREPARED BY THE COMMISSIONER OF GENERAL SERVICES PURSUANT TO PARAGRAPH B OF THISEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03931-01-3 S. 2385 2
SUBDIVISION. THE PROVISIONS OF THIS PARAGRAPH MAY BE WAIVED BY THE HEAD OF THE STATE AGENCY IF THE HEAD OF THE STATE AGENCY DETERMINES IN WRIT- ING THAT IT IS IN THE BEST INTERESTS OF THE STATE TO DO SO. THE HEAD OF THE STATE AGENCY SHALL DELIVER EACH SUCH WAIVER TO THE COMMISSIONER OF GENERAL SERVICES. S 2. This act shall take effect on the ninetieth day after it shall have become a law.