S T A T E O F N E W Y O R K
2011-2012 Regular Sessions
I N S E N A T E
January 5, 2011
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.
S. 76 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
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
S 3. This act shall take effect immediately.