Bill S2642-2011

Requires mandatory compliance with existing safe handling and personal protective measures by workers who come into contact with pressure-treated wood marine piling

Requires mandatory compliance with existing safe handling and personal protective measures by workers who come into contact with pressure-treated wood marine piling.

Details

Actions

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

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 2642 2011-2012 Regular Sessions IN 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
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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