senate Bill S293

Requires that all persons working on contracts valued at $250,000 or more receive at least ten hours of OSHA training prior to their performance of work

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO LABOR
  • 22 / Feb / 2011
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 05 / Apr / 2011
    • DEFEATED IN LABOR
  • 04 / Jan / 2012
    • REFERRED TO LABOR

Summary

Requires that all persons working on contracts valued at $250,000 or more receive at least ten hours of OSHA training prior to their performance of work.

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Bill Details

Versions:
S293
Legislative Cycle:
2011-2012
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add ยง202-l, Lab L
Versions Introduced in 2009-2010 Legislative Cycle:
S3102

Votes

5
9
5
Aye
9
Nay
2
aye with reservations
0
absent
0
excused
0
abstained
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Sponsor Memo

BILL NUMBER:S293

TITLE OF BILL: REVISED 12/30/11
An act
to amend the labor law, in relation to
safety training for certain
employees

PURPOSE OR GENERAL IDEA OF BILL:
Requires that all persons working on contracts valued at $250,000 or
more receive at least ten hours of OSHA (occupational Safety and
Health Administration) training prior to their performance of work.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 Amends the Labor Law by adding a new section 202-1. Requires
all persons working on contracts valued at $250,000 or more to
receive at least ten hours of OSHA (Occupational Safety and Health
Administration) training prior to their performance of work. Provides
that the contractor, sub contractor, or other, doing part or whole
work, shall be responsible for submitting certification to the
Department of Labor prior to the commencement of any work. Provides
that the contractor shall be liable for a fine in the amount of
$5,000 for a first offense payable to the Department of Labor if an
individual on a contract does not have his or her certification.
Provides that the fine for each subsequent offense shall be double
the amount of the fine assessed against the contractor for the
immediately prior offense.

Section 2 Effective Date

EXISTING LAW:
None.

JUSTIFICATION:
The death of Miguel Rodriguez, the 21st NYC Construction worker to
succumb to one of the many accidents that occurred in 2008, was due
to the negligent and deceitful practices of a contractor. The bill
will ensure that all hard working men and women in New York are aware
of the safety measures that are required and needed to minimize
unnecessary accidental injuries or deaths.

PRIOR LEGISLATIVE HISTORY:
2011: S.293 - Defeated in Labor
2010: S.3102 - Referred to Labor/A.3841 - Enacting Clause Stricken
2009: S.3102 - Referred to Labor/A.3841 - Referred to Labor

FISCAL IMPLICATIONS:
No fiscal implication.

EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

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

                                   293

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  DIAZ  --  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  safety  training  for
  certain employees

  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 section  202-l  to
read as follows:
  S   202-L.   OCCUPATIONAL  SAFETY  AND  HEALTH  ADMINISTRATION  (OSHA)
CONSTRUCTION SAFETY  AND  HEALTH  COURSE.  1.  EVERY  CONTRACT  FOR  THE
CONSTRUCTION,  RECONSTRUCTION, MAINTENANCE AND/OR REPAIR OF ANY CONTRACT
WHERE THE TOTAL COST OF ALL WORK TO BE PERFORMED UNDER THE  CONTRACT  IS
TWO  HUNDRED  FIFTY  THOUSAND DOLLARS OR MORE, SHALL CONTAIN A PROVISION
REQUIRING THAT ALL LABORERS, WORKERS,  AND  MECHANICS  EMPLOYED  IN  THE
PERFORMANCE  OF THE CONTRACT ON THE 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. THE CONTRACTOR SHALL  BE  RESPONSIBLE
FOR  SUBMITTING A CERTIFICATION TO THE DEPARTMENT PRIOR TO THE COMMENCE-
MENT OF ANY WORK ON THE PROJECT.
  2. IF ANY PERSON PERFORMS ANY WORK ON A CONTRACT WITHOUT FIRST  HAVING
COMPLETED  HIS  OR HER TEN HOURS AS REQUIRED PURSUANT TO SUBDIVISION ONE
OF THIS SECTION, THEN THE CONTRACTOR SHALL BE LIABLE FOR A FINE, PAYABLE
TO THE DEPARTMENT, IN THE AMOUNT OF FIVE THOUSAND DOLLARS FOR ITS  FIRST
OFFENSE.  THE AMOUNT OF FINE FOR EACH SUBSEQUENT OFFENSE SHALL BE DOUBLE
THE AMOUNT OF THE FINE ASSESSED AGAINST THE  CONTRACTOR  FOR  THE  IMME-
DIATELY PRIOR OFFENSE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02463-01-1

S. 293                              2

  3.  IF MORE THAN ONE PERSON WORKING ON A CONTRACT DOES NOT HAVE HIS OR
HER CERTIFICATION, EACH PERSON WORKING WITHOUT  CERTIFICATION  SHALL  BE
CONSIDERED A DISTINCT AND SUBSEQUENT OFFENSE OF THE CONTRACTOR.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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