Enacts the "construction safety course accountability act"; authorizes the department of labor to license any entity or organization in the state of New York which offers an Occupational Safety and Health Administration construction safety and health course; requires any person or entity which issues an Occupational Safety and Health Administration construction and safety health course card in New York state to submit a copy to the department of labor, with the cardholder's name and address and the date of issuance.

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S79-2013 Actions

• Jan 9, 2013: REFERRED TO LABOR

S79-2013 Memo

BILL NUMBER:S79

TITLE OF BILL:
An act
to amend the labor law, in relation to
enacting the "construction safety course accountability act"

PURPOSE:
To ensure the integrity of construction safety training programs
mandated pursuant to state and local laws, by requiring that entities
providing such courses register with the department of labor and that
they report the issuance of safety certificates so that a current
database of certificate holders can be maintained.

SUMMARY OF PROVISIONS:
Section 1 of the bill names the act the "construction safety course
accountability act." Section 2 amends section 220-h of the labor law
by adding subsection 2 to require that any entity in New York state
which offers a course to laborers, workers, and mechanics in
construction safety and health, approved by the United States
department of labor's occupational safety and health administration
that is at least ten hours in duration, obtain a license from the
department of labor;
adds subsection 3 to require that any entity offering such a course
submit a copy of the certificate or card issued to any individual
indicating completion of such course to the department of labor so
the department can maintain a current database of cardholders; and
adds subsection 4 to give the commissioner the authority to
promulgate any rules or regulations necessary to implement
subdivisions 2 and 3 of this section.

Section 3 provides that the act shall take effect immediately.

JUSTIFICATION:
Section 220-h of the labor law requires laborers, workers, and
mechanics employed on certain construction projects to complete a
course of instruction on safety and health approved by the United
States Department of Labor's Occupational Safety and Health
Administration that is at least ten hours in duration, commonly known
as the "OSHA 10" course. New York City has a similar regulation.
Currently there is no centralized agency that tracks who has taken
the OSHA 10 course, and no centralized agency that tracks which
entities and organizations are certified to teach the course. Because
of that, it is difficult for employers and safety enforcement
agencies to establish the validity of cards purporting to indicate
that an individual has completed an OSHA 10 course, and there have
been significant instances of fraud in the administration of such
courses. For example, newspapers discovered instances of classes
being given in two hours rather than ten, and in a bar rather than in
a classroom. This legislation would ensure that OSHA 10 courses are
properly administered and would reduce instances of fraud in the
issuance of OSHA 10 course completion cards.

LEGISLATIVE HISTORY:
2011-12: S.76
2010:    S.7543/A.10062-A


FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

S79-2013 Text

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

                                     79

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sen. PERALTA -- 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 enacting the "construction
    safety course accountability act"

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


    Section  1.  Short title.  This act shall be known and may be cited as
  the "construction safety course accountability act".
    S 2.  Section 220-h of the labor law, as added by chapter 282  of  the
  laws of 2007, is amended to read as follows:

    S   220-h.   Occupational  Safety  and  Health  Administration  (OSHA)
  construction safety and health course. 1. The advertised  specifications
  for  every  contract  for  the construction, reconstruction, maintenance
  and/or repair of public work to which the state or a municipality  is  a
  party,  where  the  total  cost  of  all  work to be performed under the
  contract is at least two hundred fifty thousand dollars, shall contain a
  provision requiring that all laborers, workers, and  mechanics  employed
  in  the  performance  of the contract on the public work site, either by
  the contractor, sub-contractor or other person doing or  contracting  to
  do  the  whole or a part of the work contemplated by the contract, shall
  be certified prior to performing any  work  on  the  project  as  having
  successfully  completed  a  course  in  construction  safety  and health
  approved by the United States department of labor's occupational  safety
  and health administration that is at least ten hours in duration.
    2.  THE  DEPARTMENT  SHALL  LICENSE  ANY ENTITY OR ORGANIZATION IN THE
  STATE OF NEW YORK WHICH  OFFERS  A  COURSE  TO  LABORERS,  WORKERS,  AND
  MECHANICS  IN  CONSTRUCTION  SAFETY  AND  HEALTH  APPROVED BY THE UNITED
  STATES DEPARTMENT OF LABOR'S OCCUPATIONAL  SAFETY  AND  HEALTH  ADMINIS-
  TRATION  THAT  IS  AT  LEAST  TEN  HOURS IN DURATION, INCLUDING, BUT NOT
  LIMITED TO COURSES GIVEN  IN  ORDER  THAT  SUCH  LABORERS,  WORKERS  AND

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01115-01-3

 S. 79                               2

  MECHANICS MAY BE ELIGIBLE TO WORK ON CERTAIN PROJECTS PURSUANT TO SUBDI-
  VISION  ONE OF THIS SECTION OR PURSUANT TO ANY LOCAL RULE, REGULATION OR
  ORDINANCE.
    3.  ANY  PERSON,  ENTITY  OR ORGANIZATION WHICH ISSUES AN OCCUPATIONAL
  SAFETY AND HEALTH ADMINISTRATION CONSTRUCTION AND SAFETY  HEALTH  COURSE
  CARD  IN  NEW YORK STATE SHALL SUBMIT A COPY TO THE DEPARTMENT, WITH THE
  CARDHOLDER'S NAME AND ADDRESS AND THE DATE OF ISSUANCE.
    4. THE COMMISSIONER SHALL PROMULGATE ANY RULES OR  REGULATIONS  NECES-
  SARY  FOR  THE  IMPLEMENTATION  OF  SUBDIVISIONS  TWO  AND THREE OF THIS
  SECTION.
    S 3. This act shall take effect immediately.