Requires sanitation workers to receive certain training; requires the department of labor to establish certain regulations related thereto.
TITLE OF BILL: An act to amend the labor law, in relation to requiring sanitation workers to receive training
PURPOSE OF SPECIFIC PROVISIONS: The labor law is amended by adding a new article 23-C which defines department, employee, and employer. It details the training setting forth responsibilities, requirements, trainers, and trainees. It also details the nature timing and frequency of the training in addition to record keeping requirements and approved that can provide the training.
JUSTIFICATION: Sanitation work is a dangerous and often fatal occupation. In July, 2005 John-Paul Rodrigues, a twenty-four year old Ossining sanitation worker, died after a fall from the back of a sanitation truck. His death followed other sanitation worker deaths in Westchester County occurring over the previous few years. Since Rodrigues death a Bronx sanitation worker died of injuries sustained from sanitation truck fall in 2006, and nineteen-year old Town of Babylon seasonal worker died from a head injury falling from a moving truck in July, 2007.
According to National Institute for Occupational Safety and Health (NIOSH) May 1997 Report (97-100), many sanitation workers fatalities occur when workers fall or are struck by refuse collection vehicles. The National Traumatic Occupational Fatalities surveillance system indicated that between 1980 and 1992, 450 workers aged 16 or older died in incidents related to refuse collection; 303 (67%) of these incidents were vehicle related NIOSH 1995. Of the vehicle related deaths, 110 (36%) occurred when the worker slipped or fell from a refuse collection vehicle, was struck or run over by the vehicle, or fell and was struck or run over by the refuse collection vehicle. Twenty (18%) of the fatalities occurred when the refuse collection truck was backing up.
The hazards of working on and near moving sanitation trucks as also been documented by the York State Census of Fatal Occupational injuries from 1992-2000. The data revealed that the largest percentage of fatal occupational injuries was represented by a group including motor vehicle operators, construction laborers, machine operators, and those work on and with vehicles.
Deaths from traumatic occupational injuries represent a significant public health concern, and have enormous emotional and financial repercussions on the immediate families and society. Such deaths are preventable particularly since NIOSH has reported that sanitation employers and workers may not be fully aware of or are complacent about the hazards of riding on and working near moving refuse collection vehicles. NIOSH recommendations include annual and refresher training for all sanitation workers which has been mandated in this legislation.
There are minimal or no costs to municipalities for instituting sanitation worker training. First, most if not all municipalities have training programs in place. Second, if there are no training at no or little cost available through state grants, statewide and local unions
like the Civil Service Employees Association, The Public Employee Safety and Health Bureau of the New York State Department of Labor (PESH), and the National Solid Waste Management Association.
PRIOR LEGISLATIVE HISTORY: 2009/2010- S.5117-B (DIED - Finance) 2011/2012 - S.2831 (Died Labor)
FISCAL IMPLICATIONS: Minimal to municipalities since many, if not all, have existing training programs, and training is available at little or no cost.
EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become a law; provided however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such effective date.
STATE OF NEW YORK ________________________________________________________________________ 4111 2013-2014 Regular Sessions IN SENATE March 8, 2013 ___________Introduced by Sen. STEWART-COUSINS -- 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 requiring sanitation work- ers to receive training 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 article 23-C to read as follows: ARTICLE 23-C TRAINING FOR SANITATION WORKERS SECTION 832. DEFINITIONS. 833. TRAINING FOR SANITATION WORKERS. S 832. DEFINITIONS. AS USED IN THIS ARTICLE, UNLESS THE CONTEXT REQUIRES OTHERWISE: 1. "DEPARTMENT" MEANS THE DEPARTMENT OF LABOR. 2. "EMPLOYEE" MEANS A PERSON EMPLOYED DIRECTLY BY OR THROUGH ANY STATE MUNICIPAL OR PRIVATE ENTITY TO PROVIDE SOLID, HAZARDOUS OR MEDICAL WASTE COLLECTION, RECYCLING OR DISPOSAL SERVICES. 3. "EMPLOYER" MEANS ANY INDIVIDUAL, PERSON, CORPORATION, DEPARTMENT, BOARD, BUREAU, AGENCY, COMMISSION, DIVISION, OFFICE, COUNCIL OR COMMIT- TEE OF A MUNICIPALITY, OR OTHER BUSINESS ENTITY INCLUDING THE STATE, A MUNICIPAL CORPORATION, OR OTHER POLITICAL SUBDIVISION OF THE STATE, WHICH EMPLOYS OR SEEKS TO EMPLOY AN EMPLOYEE TO PROVIDE SOLID, HAZARDOUS OR MEDICAL WASTE COLLECTION, RECYCLING OR DISPOSAL SERVICES. S 833. TRAINING FOR SANITATION WORKERS. 1. THE EMPLOYERS OF SANITATION WORKERS ARE RESPONSIBLE FOR ENSURING ALL EMPLOYEES, INCLUDING SUPERVI- SORS, MANAGERS, CONTRACT LABORERS, PART-TIME AND SEASONAL EMPLOYEES, ARE PROPERLY TRAINED FOR THEIR ASSIGNED JOBS, TASKS, HAZARDS OR POTENTIAL HAZARDS PRESENT AND USE OF RELATED EQUIPMENT. CONTRACTORS WHO MAY BE ENGAGED TO OPERATE OR MAINTAIN THE EMPLOYER'S EQUIPMENT SHALL BE ADVISEDEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03295-01-3 S. 4111 2
OF THE UNIQUE HAZARDS RELATED TO THE EQUIPMENT WHICH MAY AFFECT THE ACTIVITIES IN WHICH THE CONTRACTOR'S EMPLOYEES SHALL ENGAGE. 2. TRAINING SHALL BE PROVIDED PRIOR TO INITIAL ASSIGNMENT OF AN EMPLOYEE TO A JOB OR TASK. ALL EMPLOYEES SHALL FURTHER BE REQUIRED TO HAVE REFRESHER TRAINING, WHICH SHALL BE CONDUCTED ANNUALLY, FOR THE PURPOSE OF MAINTAINING THE REQUIRED LEVEL OF COMPETENCE. RETRAINING SHALL BE PROVIDED FOR EMPLOYEES WHENEVER THERE IS A CHANGE IN THEIR JOB ASSIGNMENTS, OR A CHANGE IN EQUIPMENT THAT PRESENT A NEW HAZARD. ADDI- TIONAL RETRAINING SHALL BE PROVIDED WHENEVER A PERIODIC INSPECTION BY THE DEPARTMENT REVEALS, OR WHENEVER THE EMPLOYER HAS REASON TO BELIEVE THAT THERE ARE EMPLOYEE DEVIATIONS FROM PROCEDURES OR INADEQUACIES IN THE EMPLOYEE'S KNOWLEDGE OF PROCEDURES. 3. EMPLOYERS SHALL REFER EMPLOYEES TO, AND HAVE READILY AVAILABLE, THE MANUFACTURER'S, INSTALLER'S OR MODIFIER'S INSTRUCTIONS TO ENSURE THAT CORRECT OPERATING AND MAINTENANCE PROCEDURES AND WORK PRACTICES ARE UNDERSTOOD AND FOLLOWED. 4. AN EMPLOYER SHALL REQUIRE THAT TRAINING IS PROVIDED EITHER BY A CONTRACT LABORER'S PARENT EMPLOYER OR BY THE EMPLOYER FOR EACH JOB OR TASK THAT IS PERFORMED. 5. THE EMPLOYER SHALL MAINTAIN TRAINING RECORDS TO INCLUDE THE DATE OR DATES OF TRAINING AND THE TYPE OF TRAINING RECEIVED. RECORDS SHALL BE MAINTAINED AS REQUIRED BY REGULATIONS TO BE PROMULGATED BY THE DEPART- MENT. CONTRACTORS AND EMPLOYERS OF CONTRACT LABORERS SHALL PROVIDE THE EMPLOYER WITH APPROPRIATE TRAINING RECORDS UPON DEMAND. 6. TRAINING SHALL BE TAILORED FOR INDIVIDUAL OPERATIONS, HAZARDS OR POTENTIAL HAZARDS PRESENT AND THE TYPE OF EQUIPMENT UTILIZED INCLUDING DETAILED, EQUIPMENT SPECIFIC TRAINING FOR DRIVERS, EQUIPMENT OPERATORS AND LOADERS, AS WELL AS MAINTENANCE PERSONNEL AND SUPERVISORS. TRAINING SHALL INCLUDE A PRACTICAL DEMONSTRATION OF EQUIPMENT OPERATION, THE KNOWLEDGE AND SKILLS NEEDED BY THE EMPLOYEE TO OPERATE SUCH EQUIPMENT AND THE CONSEQUENCES FOR FAILURE TO OPERATE THE EQUIPMENT PROPERLY, AS APPROPRIATELY RELATED TO THE REQUIREMENTS OF THE EMPLOYEE'S JOB DUTIES. 7. TRAINING SHALL INCLUDE AT A MINIMUM: (A) THE REQUIRED REGULATORY TRAINING AS OUTLINED BY THE FEDERAL AND STATE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, THE FEDERAL DEPART- MENT OF TRANSPORTATION, THE PUBLIC EMPLOYEE SAFETY AND HEALTH BUREAU WITHIN THE DEPARTMENT, THE AMERICAN NATIONAL STANDARDS INSTITUTE AND ANY OTHER APPLICABLE REGULATORY AGENCIES; AND (B) THE OPERATIONAL INSTRUCTION ON EACH SPECIFIC TYPE OF EQUIPMENT USED BY THE EMPLOYEE. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that effective immediate- ly, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such effective date.