NY State Senate Bill 2011-S2831

Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to labor
Feb 02, 2011	referred to labor

co-Sponsors

2011-S2831 (ACTIVE) - Details

See Assembly Version of this Bill:: A432
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add Art 23-C §§832 & 833, Lab L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5117, A7437
2013-2014: S4111, A1697

2011-S2831 (ACTIVE) - Summary

Requires sanitation workers to receive certain training; requires the department of labor to establish certain regulations related thereto.

2011-S2831 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2831

TITLE OF BILL:
An act
to amend the labor law, in relation to requiring sanitation
workers to receive training

PURPOSE OR GENERAL IDEA OF BILL:
To require sanitation workers to
receive training specific to their work

SUMMARY 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 recordkeeping requirements
and approved agencies 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 from injuries

sustained from a sanitation truck fall in 2006, and a nineteen-year
old Town of Babylon seasonal worker died from a head injury falling
from a moving truck in July, 2007.

According to a National Institute for Occupational Safety and Health
(NIOSH) May 1997 Report (97-100), many sanitation worker 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 110 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 who 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
programs, there is 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)

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.

2011-S2831 (ACTIVE) - Bill Text download pdf

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

                                  2831

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 2, 2011
                               ___________

Introduced by Sens. STEWART-COUSINS, ESPAILLAT -- 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 ADVISED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00634-01-1

S. 2831                             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.

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Senate Bill S2831

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

co-Sponsors

2011-S2831 (ACTIVE) - Details

2011-S2831 (ACTIVE) - Summary

2011-S2831 (ACTIVE) - Sponsor Memo

2011-S2831 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2831

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Sponsored By

Andrea Stewart-Cousins

Archive: Last Bill Status - In Senate Committee Labor Committee

co-Sponsors

Adriano Espaillat

2011-S2831 (ACTIVE) - Details

2011-S2831 (ACTIVE) - Summary

2011-S2831 (ACTIVE) - Sponsor Memo

2011-S2831 (ACTIVE) - Bill Text download pdf

Comments