Provides that police officers and firefighters employed by bi-state authorities are covered under health and safety standards for public employees.

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S7001A-2011 Actions

• Jun 21, 2012: SUBSTITUTED BY A9963A
• Jun 21, 2012: ORDERED TO THIRD READING CAL.1472
• Jun 21, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• May 30, 2012: PRINT NUMBER 7001A
• May 30, 2012: AMEND AND RECOMMIT TO LABOR
• Apr 20, 2012: REFERRED TO LABOR

S7001A-2011 Meetings

Rules: Jun 21, 2012

S7001A-2011 Calendars

Floor Calendar: Jun 21, 2012

S7001A-2011 Votes

S7001A-2011 Memo

BILL NUMBER:S7001A               REVISED 05/31/12

TITLE OF BILL:
An act
to amend the labor law, in relation to providing that police officers
and firefighters employed by bi-state authorities are covered under
health and safety standards for public employees

PURPOSE OF THE BILL:
To ensure that police and firefighters employed by Bi-State
authorities and agencies are covered under health and safety
standards for public employees.

SUMMARY OF THE PROVISIONS:
Section one of the bill adds "bi-state authority utilizing its own
police and/or fire fighters", to the definition of "Employer" under
�27-a, subsection a, of Labor Law. Also adds "bi-state authority
utilizing its own police and/or firefighters", to the definition of
"Employee" under �27-a, subsection d, of Labor Law.

Section two is the effective date.

EXISTING LAW:
Labor Law � 27-a, subsection a, currently contains the list of all
entities defined as an "Employer" for purposes of safety and health
standards for public employees under Article 2 of the Labor Law.

Labor Law � 27-a, subsection d, currently contains the list of all
entities defined as "Public Employee" for purposes of safety and
health standards for public employees under Article 2 of the Labor Law.

LEGISLATIVE HISTORY:
 This is a new bill.

JUSTIFICATION:
In the past decade, police and firefighters of Bi-State Authority's
whose jurisdiction encompasses the State of New York, have been
denied the protections of current health and safety standards
afforded to every other police and firefighter within the state. The
New York Plan for Public Employee Safety and Health (PESH)
initially approved on
June 1, 1984 and certified on August 16, 2006, has been interpreted as
excluding said police and firefighters since they fall outside the
definition of "Employer" and "Public Employee" under the labor law.
Since 9/11/01, first responders have been afforded the use of PESH to
ensure proper training and up to date equipment so that public safety
remains at the forefront as a matter of public policy.

On September 9,2009 the Occupational Safety and Health Administration
(OSHA) of the United States Department of labor issued an instruction
under 29 CFR Part 1910, subpart I, entitled: Enforcement Guidance for
Personal Protective Equipment in General Industry. This issuance
provided enforcement guidance to federal (OSHA) and approved state
plan (PESH) offices concerning policies and procedures for
implementing inspection programs to reduce injuries, illnesses and
fatalities, and eliminate workplace hazards in general industry


employment through the use of Personal Protective Equipment (PPE).
Provisions were added to 29 CFR 1910.132 requiring employers to
select appropriate PPE based on the hazards present or likely to be
present in the workplace; to prohibit the use of defective or damaged
PPE; and to require that employees be trained so that each effected
employee can properly use the assigned PPE. The aforementioned
provisions as well as other guidelines issued by OSHA and PESH to
ensure employee safety has improved workplace safety for all public
employees covered under the law. Unfortunately, current labor law
definitions of "Employer" and "Public Employee," have been
interpreted to exclude police and firefighters working under
the auspices of bi-state authorities.

It is important to note that Personal Protective Equipment including
ballistic vests for police and fire protective gear commonly referred
to as "proximity gear" for fire fighters must be inspected and
replaced within specific time tables. Currently, there is no
oversight to ensure the PPE for first responders of bi-state
authorities is updated and maintained according to industry
standards. This creates a double standard against police and
firefighters working for bi-state authorities in New York State but
currently outside the jurisdiction of PESH. As a matter of State
public policy, all police and firefighters working within the
jurisdiction of the State of New York should be afforded the same
PESH oversight of safety and health standards for public employees as
set forth in New York State labor law.

BUDGET IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect upon the enactment into law by the state of
New Jersey of legislation having an identical effect with this act,
but if the state of New Jersey shall have already enacted such
legislation, this act shall take effect immediately; provided that
the state of New Jersey shall notify the legislative bill drafting
commission upon the occurrence of the enactment of the legislation
provided for in section one of this. act in order that the commission
may maintain an accurate and timely effective data base of the
official text of the laws of the state of New York in furtherance of
effectuating the provisions of section 44 of the legislative law and
section 70-b of the public officers law.

S7001A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   7001--A

                              I N  SENATE

                               April 20, 2012
                                 ___________

  Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
    printed to be  committed  to  the  Committee  on  Labor  --  committee
    discharged, bill amended, ordered reprinted as amended and recommitted
    to said committee

  AN  ACT  to  amend  the  labor law, in relation to providing that police
    officers and firefighters employed by bi-state authorities are covered
    under health and safety standards for public employees

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


    Section  1. Paragraphs a and d of subdivision 1 of section 27-a of the
  labor law, as added by chapter 729 of the laws of 1980, are  amended  to
  read as follows:

    a. "Employer" means the state, any political subdivision of the state,
  a  public authority, A BI-STATE AUTHORITY UTILIZING ITS OWN POLICE OFFI-
  CERS OR FIREFIGHTERS or any other governmental agency or instrumentality
  thereof.
    d. "Public employee" means any employee of the  state,  any  political
  subdivision  of  the  state,  a  public  authority, A BI-STATE AUTHORITY
  UTILIZING ITS OWN POLICE OFFICERS OR FIREFIGHTERS or any  other  govern-
  mental agency or instrumentality.
    S  2.  This  act  shall take effect upon the enactment into law by the
  state of New Jersey of legislation having an identical effect with  this
  act,  but  if  the  state  of New Jersey shall have already enacted such
  legislation, this act shall take effect immediately; provided  that  the
  state  of  New Jersey shall notify the legislative bill drafting commis-
  sion upon the occurrence of the enactment of  the  legislation  provided
  for in section one of this act in order that the commission may maintain
  an  accurate  and timely effective data base of the official text of the
  laws of the state  of  New  York  in  furtherance  of  effectuating  the
  provisions  of section 44 of the legislative law and section 70-b of the
  public officers law.


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD15353-03-2