S2642-2011 Actions

• Jan 4, 2012: REFERRED TO ENVIRONMENTAL CONSERVATION
• Jan 27, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

S2642-2011 Memo

BILL NUMBER:S2642

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to the safe
handling by workers of pressure-treated wood

PURPOSE:
This legislation requires mandatory
compliance with existing
safe handling and personal protective measures by workers who come
into contact with pressure treated wood marine piling.

SUMMARY OF PROVISIONS:
Article 27 of the environmental
conservation law
is amended by adding a new title 29 to require mandatory compliance
with existing safe handling and personal protective measures by
workers who come into contact with pressure treated wood marine
piling. Enforcement of this section will require a written warning for
a first violation and any subsequent violations will be subject to a
civil penalty of not more than $2,500 for each such violation and an
additional penalty of not more than $500 for each day during which
the violation occurs.

JUSTIFICATION:
It is important for dock builders or
other workers who
handle treated marine piling to follow proper industrial hygiene
practices, such as simple measures to avoid or reduce dermal contact.
Because many dock builders and other workers who handle treated
marine piling do not routinely follow such safe handling measures,
this bill makes their utilization mandatory and protects their health
and well-being.

LEGISLATIVE HISTORY:
S.4375 of 2007-2008
S.1110 of 2009-2010

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S2642-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2642
 2011-2012 Regular Sessions
 I N  SENATE
 January 27, 2011
 
 Introduced  by  Sens.  GRISANTI,  MARCELLINO  --  read twice and ordered
 printed, and when printed to be committed to the Committee on Environ
 mental Conservation
 

AN ACT to amend the environmental conservation law, in relation  to  the
 safe handling by workers of pressure-treated wood
 

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

 

Section 1. Article 27 of the environmental conservation law is amended
 by adding a new title 29 to read as follows:

 TITLE 29
 WORKERS SAFE HANDLING OF TREATED WOOD ENFORCEMENT
 SECTION 27-2901. MANDATORY COMPLIANCE WITH EXISTING  SAFE  HANDLING  AND
 PERSONAL PROTECTIVE MEASURES.
 

S 27-2901. MANDATORY COMPLIANCE WITH EXISTING SAFE HANDLING AND PERSONAL
 PROTECTIVE MEASURES.
 1. ANY PERSON WHO EMPLOYS A WORKER WHO COMES INTO OCCUPATIONAL CONTACT
 WITH  PRESSURE-TREATED  WOOD  MARINE  PILING SHALL REQUIRE THAT ALL SUCH
 WORKERS ON THE WORKSITE COMPLY WITH ALL APPLICABLE  PRECAUTIONARY  MEAS
 URES,  PERSONAL PROTECTIVE EQUIPMENT AND CLOTHING REQUIREMENTS, AND SAFE
 HANDLING AND USE PROCEDURES, SET FORTH ON  THE:  (I)  SUPPLIER  MATERIAL
 SAFETY DATA SHEET (MSDS) ACCOMPANYING PRESSURE-TREATED MARINE PILING, OR
 AS MAY BE REQUIRED BY ANY OTHER APPLICABLE FEDERAL OR STATE OCCUPATIONAL
 SAFETY  AND  HEALTH  REGULATION;  AND  (II)  CONSUMER  INFORMATION SHEET
 APPROVED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY  FOR  SAFE
 AND  PROPER  HANDLING  AND  USE  OF  PRESSURE-TREATED WOOD PRODUCTS. THE
 EMPLOYER SHALL POST A SIGN IN CONSPICUOUS VIEW AT OR NEAR  THE  WORKSITE
 WHICH  STATES THE SAFETY AND HEALTH PROTECTION PROCEDURES REQUIRED TO BE
 FOLLOWED PURSUANT TO THIS SUBDIVISION.
 2. ANY WORKER WHO COMES INTO OCCUPATIONAL CONTACT WITH PRESSURE-TREAT
 ED MARINE PILING SHALL COMPLY WITH ALL  APPLICABLE  PRECAUTIONARY  MEAS
 URES,  PERSONAL  PROTECTIVE EQUIPMENT AND CLOTHING REQUIREMENTS AND SAFE
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06963-01-1
 
       S. 2642                             2
 HANDLING AND USE PROCEDURES PROVIDED PURSUANT TO SUBDIVISION ONE OF THIS
 SECTION.
 

S  2.  Article  71 of the environmental conservation law is amended by
 adding a new title 28 to read as follows:

 TITLE 28
 ENFORCEMENT OF TITLE 29 OF ARTICLE 27
 SECTION 71-2801. APPLICABILITY OF THIS TITLE.
 71-2803. ENFORCEMENT OF TITLE 29 OF ARTICLE 27.
 

S 71-2801. APPLICABILITY OF THIS TITLE.
 IN ADDITION TO THE PROVISIONS OF SECTIONS 71-0101 AND 71-0301 OF  THIS
 ARTICLE,  THE PROVISIONS OF THIS TITLE SHALL APPLY TO THE ENFORCEMENT OF
 TITLE 29 OF ARTICLE 27 OF THIS CHAPTER.
 

S 71-2803. ENFORCEMENT OF TITLE 29 OF ARTICLE 27.
 FOR ANY FIRST  VIOLATION  BY  ANY  PERSON  WHO  VIOLATES  ANY  OF  THE
 PROVISIONS  OF,  OR WHO FAILS TO PERFORM ANY DUTY IMPOSED BY TITLE 29 OF
 ARTICLE 27 OR ANY REGULATION PROMULGATED BY THE COMMISSIONER PURSUANT TO
 SUCH TITLE 29, IN LIEU OF A PENALTY, THERE SHALL  BE  ISSUED  A  WRITTEN
 WARNING  BY  THE  DEPARTMENT  AND THERE SHALL ALSO BE ISSUED EDUCATIONAL
 MATERIALS AT THE DISCRETION OF THE DEPARTMENT REGARDING THE REQUIREMENTS
 OF SUCH TITLE  29.  SUCH  PERSON  SHALL,  HOWEVER,  FOR  ANY  SUBSEQUENT
 VIOLATION  THEREAFTER,  BE  LIABLE  TO  A CIVIL PENALTY OF NOT MORE THAN
 TWENTY-FIVE HUNDRED DOLLARS FOR EACH SUCH VIOLATION  AND  AN  ADDITIONAL
 PENALTY  OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH DAY DURING WHICH
 SUCH VIOLATION CONTINUES AND, IN ADDITION THERETO, SUCH  PERSON  MAY  BE
 ENJOINED FROM CONTINUING SUCH VIOLATION. PENALTIES AND INJUNCTIVE RELIEF
 PROVIDED  PURSUANT  TO  THIS  TITLE  SHALL  BE  RECOVERABLE IN AN ACTION
 BROUGHT BY THE ATTORNEY GENERAL AT THE REQUEST OF THE COMMISSIONER.
 

S 3. This act shall take effect immediately.

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