senate Bill S873

Requires mandatory compliance with existing safe handling and personal protective measures by workers who come into contact with pressure-treated wood marine piling

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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

  • 09 / Jan / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 08 / Jan / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION

Summary

Requires mandatory compliance with existing safe handling and personal protective measures by workers who come into contact with pressure-treated wood marine piling.

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Bill Details

Versions:
S873
Legislative Cycle:
2013-2014
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 27 Title 29 §27-2901, Art 71 Title 28 §§71-2801 & 71-2803, En Con L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S2642
2009-2010: S1110

Sponsor Memo

BILL NUMBER:S873

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to the safe
handling by workers of pressure-treated wood

PURPOSE OF GENERAL IDEA OF BILL:
This legislation requires
mandatory compliance with existing safe handling and personal
protective measures by workers who come into contact with pressure
treated wood marine piling.

SUMMARY OF SPECIFIC PROVISIONS:
Article 27 of the environmental conservation
law is amended by adding a new title 29 to require mandatory
compliance with existing safe handling and personal protective
measures by workers who come into contact with pressure treated wood
marine piling. Enforcement of this section will require a written
warning for a first violation and any subsequent violations will be
subject to a civil penalty of not more than $2,500 for each such
violation and an additional penalty of not more than $500 for each
day during which the violation occurs.

JUSTIFICATION:
It is important for dock builders or other
workers who handle treated marine piling to follow proper industrial
hygiene practices, such as simple measures to avoid or reduce dermal
contact. Because many dock builders and other workers who handle
treated marine piling do not routinely follow such safe handling
measures, this bill makes their utilization mandatory and protects
their health and well-being.

PRIOR LEGISLATIVE HISTORY:

S.4375 of 2007-2008
S.1110 of 2009-2010
S.2642 of 2011-2012 Referenced to Senate Environmental Conservation

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                   873

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  GRISANTI,  MARCELLINO  --  read twice and ordered
  printed, and when printed to be committed to the Committee on Environ-
  mental Conservation

AN ACT to amend the environmental conservation law, in relation  to  the
  safe handling by workers of pressure-treated wood

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

  Section 1. Article 27 of the environmental conservation law is amended
by adding a new title 29 to read as follows:
                                TITLE 29
            WORKERS SAFE HANDLING OF TREATED WOOD ENFORCEMENT
SECTION 27-2901. MANDATORY COMPLIANCE WITH EXISTING  SAFE  HANDLING  AND
                   PERSONAL PROTECTIVE MEASURES.
S 27-2901. MANDATORY COMPLIANCE WITH EXISTING SAFE HANDLING AND PERSONAL
             PROTECTIVE MEASURES.
  1. ANY PERSON WHO EMPLOYS A WORKER WHO COMES INTO OCCUPATIONAL CONTACT
WITH  PRESSURE-TREATED  WOOD  MARINE  PILING SHALL REQUIRE THAT ALL SUCH
WORKERS ON THE WORKSITE COMPLY WITH ALL APPLICABLE  PRECAUTIONARY  MEAS-
URES,  PERSONAL PROTECTIVE EQUIPMENT AND CLOTHING REQUIREMENTS, AND SAFE
HANDLING AND USE PROCEDURES, SET FORTH ON  THE:  (I)  SUPPLIER  MATERIAL
SAFETY DATA SHEET (MSDS) ACCOMPANYING PRESSURE-TREATED MARINE PILING, OR
AS MAY BE REQUIRED BY ANY OTHER APPLICABLE FEDERAL OR STATE OCCUPATIONAL
SAFETY  AND  HEALTH  REGULATION;  AND  (II)  CONSUMER  INFORMATION SHEET
APPROVED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY  FOR  SAFE
AND  PROPER  HANDLING  AND  USE  OF  PRESSURE-TREATED WOOD PRODUCTS. THE
EMPLOYER SHALL POST A SIGN IN CONSPICUOUS VIEW AT OR NEAR  THE  WORKSITE
WHICH  STATES THE SAFETY AND HEALTH PROTECTION PROCEDURES REQUIRED TO BE
FOLLOWED PURSUANT TO THIS SUBDIVISION.
  2. ANY WORKER WHO COMES INTO OCCUPATIONAL CONTACT WITH PRESSURE-TREAT-
ED MARINE PILING SHALL COMPLY WITH ALL  APPLICABLE  PRECAUTIONARY  MEAS-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04105-01-3

S. 873                              2

URES,  PERSONAL  PROTECTIVE EQUIPMENT AND CLOTHING REQUIREMENTS AND SAFE
HANDLING AND USE PROCEDURES PROVIDED PURSUANT TO SUBDIVISION ONE OF THIS
SECTION.
  S  2.  Article  71 of the environmental conservation law is amended by
adding a new title 28 to read as follows:
                                 TITLE 28
                  ENFORCEMENT OF TITLE 29 OF ARTICLE 27
SECTION 71-2801. APPLICABILITY OF THIS TITLE.
        71-2803. ENFORCEMENT OF TITLE 29 OF ARTICLE 27.
S 71-2801. APPLICABILITY OF THIS TITLE.
  IN ADDITION TO THE PROVISIONS OF SECTIONS 71-0101 AND 71-0301 OF  THIS
ARTICLE,  THE PROVISIONS OF THIS TITLE SHALL APPLY TO THE ENFORCEMENT OF
TITLE 29 OF ARTICLE 27 OF THIS CHAPTER.
S 71-2803. ENFORCEMENT OF TITLE 29 OF ARTICLE 27.
  FOR ANY FIRST  VIOLATION  BY  ANY  PERSON  WHO  VIOLATES  ANY  OF  THE
PROVISIONS  OF,  OR WHO FAILS TO PERFORM ANY DUTY IMPOSED BY TITLE 29 OF
ARTICLE 27 OR ANY REGULATION PROMULGATED BY THE COMMISSIONER PURSUANT TO
SUCH TITLE 29, IN LIEU OF A PENALTY, THERE SHALL  BE  ISSUED  A  WRITTEN
WARNING  BY  THE  DEPARTMENT  AND THERE SHALL ALSO BE ISSUED EDUCATIONAL
MATERIALS AT THE DISCRETION OF THE DEPARTMENT REGARDING THE REQUIREMENTS
OF SUCH TITLE  29.  SUCH  PERSON  SHALL,  HOWEVER,  FOR  ANY  SUBSEQUENT
VIOLATION  THEREAFTER,  BE  LIABLE  TO  A CIVIL PENALTY OF NOT MORE THAN
TWENTY-FIVE HUNDRED DOLLARS FOR EACH SUCH VIOLATION  AND  AN  ADDITIONAL
PENALTY  OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH DAY DURING WHICH
SUCH VIOLATION CONTINUES AND, IN ADDITION THERETO, SUCH  PERSON  MAY  BE
ENJOINED FROM CONTINUING SUCH VIOLATION. PENALTIES AND INJUNCTIVE RELIEF
PROVIDED  PURSUANT  TO  THIS  TITLE  SHALL  BE  RECOVERABLE IN AN ACTION
BROUGHT BY THE ATTORNEY GENERAL AT THE REQUEST OF THE COMMISSIONER.
  S 3. This act shall take effect immediately.

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