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

                                  10677

                          I N  A S S E M B L Y

                              June 14, 2012
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Gabryszak)
  -- read once and referred to the Committee on Labor

AN ACT to amend the labor law, in relation  to  requiring  employers  to
  provide emergency escape systems to firefighters

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

  Section 1. Paragraph c of subdivision 4 of section 27-a of  the  labor
law,  as  amended by chapter 433 of the laws of 2007, is amended to read
as follows:
  c. Except for an employer located in a city with a population of  over
one  million, any employer who employs a firefighter DETERMINED TO BE AT
RISK OF ENTRAPMENT AT ELEVATIONS PURSUANT TO REGULATIONS PROMULGATED  BY
THE  COMMISSIONER,  shall  provide  [safety ropes and system components]
EMERGENCY ESCAPE SYSTEMS for use by such firefighter.  The  commissioner
shall  by  rule  [adopt]  IDENTIFY  the codes, standards and recommended
practices [promulgated by the most recent edition] of THE National  Fire
Protection  Association [1983, Standard on Fire Service Life Safety Rope
and System Components, and] AND OTHER APPROPRIATE STANDARDS APPROVED  BY
THE  COMMISSIONER  as are appropriate to the nature of the risk to which
the firefighter shall be exposed AND SHALL, AT  A  MINIMUM,  INCLUDE  IN
SUCH  RULE  LANGUAGE  REQUIRING  EMPLOYERS TO (1) IDENTIFY WHETHER FIRE-
FIGHTERS EMPLOYED BY THEM WOULD BE EXPOSED TO THE HAZARD  OF  ENTRAPMENT
AT  ELEVATED  SURFACES;  (2)  IDENTIFY  THOSE  FIREFIGHTERS WHO WOULD BE
EXPOSED TO THE HAZARD;  AND  (3)  DETERMINE  THE  APPROPRIATE  EMERGENCY
ESCAPE  SYSTEMS  TO  ADDRESS THE HAZARD.   Such [safety ropes and system
components] EMERGENCY ESCAPE SYSTEMS shall be adequate  to  protect  the
health and safety of the firefighter. The employer shall ensure that the
firefighter  is  instructed  in  the proper use of the [safety ropes and
system components] EMERGENCY ESCAPE SYSTEMS.  AS USED IN  THIS  SUBDIVI-
SION, THE TERM "ENTRAPMENT AT ELEVATIONS" SHALL MEAN A SITUATION WHERE A
FIRE OR OTHER EMERGENCY CONDITIONS REQUIRE A FIREFIGHTER INSIDE A STRUC-
TURE  TO  IMMEDIATELY  EXIT THE STRUCTURE BUT WHERE SUCH CONDITIONS MAKE
THE NORMAL ROUTE OF EXIT UNUSABLE, THEREBY REQUIRING THE FIREFIGHTER  TO
EXIT  THE  STRUCTURE FROM AN OPENING THAT IS NOT DESIGNED AS AN EXIT AND

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

                                                           LBD16238-02-2

A. 10677                            2

IS ABOVE THE GROUND FLOOR OR  AT  AN  ELEVATION  ABOVE  THE  SURROUNDING
TERRAIN  THAT  WOULD  REASONABLY  BE EXPECTED TO CAUSE INJURY TO A FIRE-
FIGHTER EXITING BY MEANS OF THIS OPENING WITHOUT  ANY  EMERGENCY  ESCAPE
SYSTEMS. AS USED IN THIS SUBDIVISION, THE TERM "EMERGENCY ESCAPE SYSTEM"
SHALL  MEAN SAFETY ROPES AND SYSTEM COMPONENTS AND ANY OTHER SYSTEM THAT
(1) IS COMPLIANT WITH THE CODES, STANDARDS AND RECOMMENDED PRACTICES  OF
THE  NATIONAL  FIRE PROTECTION ASSOCIATION OR OTHER APPROPRIATE STANDARD
IDENTIFIED BY THE COMMISSIONER THROUGH REGULATION, AS A MEANS  OF  EMER-
GENCY  SELF-RESCUE  FROM  AN ABOVE GRADE, IMMEDIATELY HAZARDOUS ENVIRON-
MENT, (2) HAS BEEN CERTIFIED BY A NATIONALLY RECOGNIZED  SAFETY  TESTING
AND  CERTIFICATION ORGANIZATION, AND (3) THE COMMISSIONER HAS RECOGNIZED
THROUGH REGULATION.
  In order to ensure the adequacy of the [safety ropes and system compo-
nents] EMERGENCY ESCAPE SYSTEMS, the employer must routinely inspect and
ensure that:
  (1) Existing [safety ropes and  system  components]  EMERGENCY  ESCAPE
SYSTEMS  meet  the codes, standards and recommended practices adopted by
the commissioner.
  (2) Existing [safety ropes and  system  components]  EMERGENCY  ESCAPE
SYSTEMS  still perform their function and to identify any of their limi-
tations such as but not limited to:
  (i) Checking the labels or stamps on the equipment; and
  (ii) Checking any documentation or equipment specifications; and
  (iii) Contacting the supplier or the approval agency;
  (3) Firefighters are informed of the limitations of [any safety  ropes
and system components] EMERGENCY ESCAPE SYSTEMS;
  (4)  Firefighters are not allowed or required to use any [safety ropes
or system components] EMERGENCY ESCAPE SYSTEMS beyond their limitations;
  (5) Existing and new [safety ropes and  system  components]  EMERGENCY
ESCAPE SYSTEMS have no visible defects that limit their safe use;
  (6)  [Safety ropes and system components] EMERGENCY ESCAPE SYSTEMS are
used,  cleaned,  maintained  and  stored  according  to   manufacturer's
instructions;
  (7)  The  firefighter is instructed in identifying to the employer any
defects that the firefighter may find in [safety ropes and system compo-
nents] EMERGENCY ESCAPE SYSTEMS; and
  (8) Any identified defects are corrected or immediate action is  taken
by the employer to eliminate the use of this equipment.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.