senate Bill S4111

Requires sanitation workers to receive certain training

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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

  • 08 / Mar / 2013
    • REFERRED TO LABOR
  • 21 / May / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 08 / Jan / 2014
    • REFERRED TO LABOR

Summary

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

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Bill Details

See Assembly Version of this Bill:
A1697
Versions:
S4111
Legislative Cycle:
2013-2014
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add Art 23-C ยงยง832 & 833, Lab L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1697, S2831, A432
2009-2010: S5117B, S7688, A7437B
2007-2008: S7824, A9919

Votes

12
1
12
Aye
1
Nay
3
aye with reservations
0
absent
0
excused
0
abstained
show Labor committee vote details

Sponsor Memo

BILL NUMBER:S4111

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

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

According to National Institute for Occupational Safety and Health
(NIOSH) May 1997 Report (97-100), many sanitation workers 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 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 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 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)
2011/2012 - S.2831 (Died Labor)

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.

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

                                  4111

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 8, 2013
                               ___________

Introduced  by  Sen.  STEWART-COUSINS -- 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.
                                                           LBD03295-01-3

S. 4111                             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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