S T A T E O F N E W Y O R K
________________________________________________________________________
7677
I N S E N A T E
June 13, 2012
___________
Introduced by Sens. GRISANTI, MARTINS, ZELDIN -- read twice and ordered
printed, and when printed to be committed to the Committee on Rules
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
S. 7677 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.