senate Bill S2385

Prohibits state purchase of products manufactured under conditions that fail to comply with minimum OSHA standards

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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

  • 17 / Jan / 2013
    • REFERRED TO FINANCE

Summary

Prohibits state purchase of products manufactured under conditions that fail to comply with minimum OSHA standards; requires the commissioner of general services to compile a list of products manufactured under conditions that fail to comply with minimum safety standards and the manufacturers thereof.

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Bill Details

See Assembly Version of this Bill:
A800
Versions:
S2385
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
State Finance Law
Laws Affected:
Amd ยง165, St Fin L
Versions Introduced in 2011-2012 Legislative Cycle:
S6518, A9583

Sponsor Memo

BILL NUMBER:S2385

TITLE OF BILL: An act to amend the state finance law, in relation to
products manufactured under conditions that fail to comply with
minimum OSHA standards

PURPOSE:
To ensure that the state do not condone, support or complement
manufacturing revenues at the expense of the health, safety and
well-being of workers engaged in product development.

SUMMARY OF PROVISIONS:
This bill seeks to ban the purchase, by the State of New York, of
products manufactured overseas by American concerns that are not
observing, minimally, Section 18(c) of the United States Occupational
Safety and Health Act of 1970, 1902.32(b) to render their
manufacturing operations under a plan that is "at least as effective
as" operations under the Federal program in providing safe and
healthful employment and places of employment.

The bill further proposes the establishment of a list by the New York
State Office of General Services classifying the products and
manufacturers that are not in compliance with regard to the minimal
Federal standards constituting safe and healthful environments by any
American manufacturing entity. Such list, available on an Office of
General Services website, shall serve as a purchasing guide for New
York State departments, divisions, offices, authorities and public
benefit corporations purchasing equipment, devices, office accessories
and related goods.

EFFECTS OF THE PRESENT LAW WHICH THIS BILL WOULD ALTER:
This bill would give the commissioner of general services the power to
develop a list of products, that in the absence of observing the
Occupational Safety and Health Act of 1970 standards, would not be
among those products eligible to be purchased by the State.
Furthermore, the commissioner would have the power add or delete from
such list, with good cause. Said list would be published on the office
of general services website.

JUSTIFICATION:
A number of incidents have proliferated the headlines during the last
year regarding injuries and fatalities resulting from physical
conditions in the work environment of foreign enterprises
manufacturing American product. Most recently in December, 2011 when
an explosion at a Shanghai supplier to Apple resulted in the injury of
61 workers when aluminum dust produced by polishing IPad cases
ignited.

Compliance with OSHA standards could result in a higher cost of
production on foreign soil reverting manufacturing to the U.S.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATION:
To be determined with regard to cost of establishing the data bank.


EFFECTIVE DATE:
This act shall take effect on the 90th day after it shall become a
law.

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

                                  2385

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 17, 2013
                               ___________

Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the state finance law, in relation to products  manufac-
  tured under conditions that fail to comply with minimum OSHA standards

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

  Section 1. Section 165 of the state finance law is amended by adding a
new subdivision 9 to read as follows:
  9. PRODUCTS MANUFACTURED IN COMPLIANCE WITH MINIMUM OCCUPATIONAL SAFE-
TY AND HEALTH ACT (OSHA) STANDARDS.
  A. AS USED IN THIS SUBDIVISION, "MINIMUM OSHA  STANDARDS"  SHALL  MEAN
THOSE  STANDARDS  ISSUED  PURSUANT TO THE OCCUPATIONAL SAFETY AND HEALTH
ACT OF 1970, AS AMENDED.
  B. THE COMMISSIONER OF GENERAL SERVICES SHALL HAVE THE  POWER  AND  IT
SHALL  BE  HIS  OR  HER  DUTY TO PREPARE A LIST OF ALL PRODUCTS THAT ARE
MANUFACTURED UNDER  CONDITIONS  THAT  FAIL  TO  OBSERVE:  (I)  STANDARDS
PROMULGATED UNDER OSHA; OR (II) STANDARDS THAT ARE AT LEAST AS EFFECTIVE
AS THE STANDARDS PROMULGATED UNDER OSHA, WHICH RELATE TO THE SAME ISSUES
THEREUNDER,  WHERE  SUCH A MANUFACTURING OPERATION OCCURS IN A JURISDIC-
TION NOT OTHERWISE REQUIRED TO COMPLY WITH SUCH STANDARDS, INCLUDING ANY
OPERATION WHICH TAKES PLACE IN ANY OTHER COUNTRY,  NATION  OR  PROVINCE.
THE  COMMISSIONER  OF GENERAL SERVICES SHALL PREPARE A COMPANION LIST OF
THE MANUFACTURERS OF SUCH PRODUCTS. THE COMMISSIONER OF GENERAL SERVICES
SHALL ADD OR DELETE FROM SAID LISTS ANY  PRODUCT  OR  MANUFACTURER  UPON
GOOD  CAUSE SHOWN. THE COMMISSIONER OF GENERAL SERVICES SHALL CAUSE SUCH
LISTS TO BE PUBLISHED ON THE WEBSITE OF THE OFFICE OF GENERAL SERVICES.
  C. A STATE AGENCY SHALL NOT ENTER INTO ANY CONTRACT FOR PROCUREMENT OF
A (I) PRODUCT CONTAINED ON THE LIST  PREPARED  BY  THE  COMMISSIONER  OF
GENERAL  SERVICES  PURSUANT  TO PARAGRAPH B OF THIS SUBDIVISION; OR (II)
PRODUCT MANUFACTURER BY A MANUFACTURER CONTAINED ON THE LIST PREPARED BY
THE COMMISSIONER OF GENERAL SERVICES PURSUANT TO  PARAGRAPH  B  OF  THIS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03931-01-3

S. 2385                             2

SUBDIVISION.  THE PROVISIONS OF THIS PARAGRAPH MAY BE WAIVED BY THE HEAD
OF THE STATE AGENCY IF THE HEAD OF THE STATE AGENCY DETERMINES IN  WRIT-
ING  THAT IT IS IN THE BEST INTERESTS OF THE STATE TO DO SO. THE HEAD OF
THE  STATE  AGENCY SHALL DELIVER EACH SUCH WAIVER TO THE COMMISSIONER OF
GENERAL SERVICES.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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