BILL NUMBER: S8970

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the labor law, in relation to safety requirements for
the excavation of trenches in public works

 
SUMMARY OF PROVISIONS:

Section 1 amends the labor law by adding section 222-b to read as
follows: Safety requirements for the excavation of trenches in public
works. No contract for public works involving an estimated expenditure
in excess of twenty-five thousand dollars for the excavation of any
trench or trenches five feet more in depth, shall be awarded unless it
contains a provision requiring submission by the contractor and accept-
ance by the state or municipality or by a registered civil or structural
engineer, employed by the state or municipality, to whom authority to
accept has been delegated, in advance of excavation, of a detailed plan
showing the design of shoring, bracing, sloping, or other provisions to
be made for worker protection from the hazard of caving ground during
the excavation of such trench or trenches. Nothing in this section shall
be deemed to allow the use of a shoring, sloping, or protective system
              

less effective than that required by the United States department of
labor's occupational safety and health administration and the regu-
lations under part twenty-three of title twelve of the New York codes,
rules, and regulations. A violation of this section shall be punishable
by a fine of fifty thousand dollars.

 
JUSTIFICATION:

Trenches often lead to unsafe workplace conditions. For instance, in
2021 a man in Western New York died from an avoidable trench collapse.
Similarly, in 2021 a New York City man was rescued after a 10 feet deep
trench collapsed and a two-hour-long recovery effort ensued, suffering
serious injuries and resulting in full stop-work order and four
violations. Both of these circumstances could have been avoidable if
proper safety protocols were implemented such as constructing
braces/supports for the trench, shoring to prevent erosion, or sloping
to prevent a sudden collapse. Such safety protocols are already legally
required, however, there is limited enforcement and minimal penalties
associated with violations.  Accordingly, this legislation seeks to hold
employers accountable and ensure the workplace safety of men and women
working in and around trenches.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
This bill shall take effect immediately.