NY State Assembly Bill 2009-A10062

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 14, 2010	print number 10062a
Apr 14, 2010	amend and recommit to labor
Mar 02, 2010	referred to labor

Bill Amendments

Original

A (Active)

2009-A10062 - Details

Current Committee:: Assembly Labor
Law Section:: Labor Law
Laws Affected:: Amd §220-h, Lab L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A205
2013-2014: A7855

2009-A10062 - Summary

Enacts the "construction safety course accountability act"; authorizes the department of labor to license any entity or organization in the state of New York which offers an Occupational Safety and Health Administration construction safety and health course; requires any person or entity which issues an Occupational Safety and Health Administration construction and safety health course card in New York state to submit a copy to the department of labor, with the cardholder's name and address and the date of issuance.

2009-A10062 - Sponsor Memo

                                BILL NUMBER:A10062              REVISED 4/12/10

TITLE OF BILL:  An act to amend the labor law, in relation to the
licensing by the department of labor of any for-profit entity which
offers an Occupational Safety and Health Administration construction
safety and health course

PURPOSE OR GENERAL IDEA OF BILL: To ensure the integrity of construction
safety training programs mandated pursuant to state and local laws, by
requiring that entities providing such courses register with the depart-
ment of labor and that they report the issuance of safety certificates
so that a current database of certificate holders can be maintained.

SUMMARY OF SPECIFIC PROVISIONS:  Section 1 of the bill names the act the
"construction safety course accountability act." Section 2 amends
section 220-h of the labor law by adding subsection 2 to require that
any entity in New York state which offers a course to laborers, workers,
and mechanics in construction safety and health, approved by the United
States department of labor's occupational safety and health adminis-
tration that is at least ten hours in duration, obtain a license from
the department of labor; adds subsection 3 to require that any entity
offering such a course submit a copy of the certificate or card issued
to any individual indicating completion of such course to the department
of labor so the department can maintain a current database of cardhold-
ers; and adds subsection 4 to give the commissioner the authority to
promulgate any rules or regulations necessary to implement subdivisions

2 and 3 of this section. Section 3 provides that the act shall take
effect immediately.

JUSTIFICATION:  Section 220-h of the labor law requires laborers, work-
ers and mechanics employed on certain construction projects to complete
a course of instruction on safety and health approved by the United
States department of labor's occupational safety and health adminis-
tration that is at least ten hours in duration, commonly known as the
"OSHA 10" course. New York City has a similar regulation.  Currently
there is no centralized agency that tracks who has taken the OSHA 10
course, and no centralized agency that tracks which entities and organ-
izations. are certified to teach the course.  Because of that, it is
difficult for employers and safety enforcement agencies to establish the
validity of cards purporting to indicate that an individual has
completed an OSHA 10 course, and there have been significant instances
of fraud in the administration of such courses. For example, newspapers
discovered instances of classes being given in two hours rather than
ten, and in a bar rather than in a classroom. This legislation would
ensure that OSHA 10 courses are properly administered and would reduce
instances of fraud in the issuance of OSHA 10 course completion cards.

PRIOR LEGISLATIVE HISTORY: New Legislation

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  None.

EFFECTIVE DATE: Immediately

2009-A10062 - Bill Text download pdf

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

                                  10062

                          I N  A S S E M B L Y

                              March 2, 2010
                               ___________

Introduced  by M. of A. LANCMAN -- read once and referred to the Commit-
  tee on Labor

AN ACT to amend the labor law, in  relation  to  the  licensing  by  the
  department  of  labor of any for-profit entity which offers an Occupa-
  tional Safety and Health Administration construction safety and health
  course

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

  Section  1.  This  act  shall  be  known  and  may  be  cited  as  the
"construction safety course accountability act".
  S 2.  Section 220-h of the labor law, as added by chapter 282  of  the
laws of 2007, is amended to read as follows:
  S   220-h.   Occupational  Safety  and  Health  Administration  (OSHA)
construction safety and health course. 1. The advertised  specifications
for  every  contract  for  the construction, reconstruction, maintenance
and/or repair of public work to which the state or a municipality  is  a
party,  where  the  total  cost  of  all  work to be performed under the
contract is at least two hundred fifty thousand dollars, shall contain a
provision requiring that all laborers, workers, and  mechanics  employed
in  the  performance  of the contract on the public work site, either by
the contractor, sub-contractor or other person doing or  contracting  to
do  the  whole or a part of the work contemplated by the contract, shall
be certified prior to performing any  work  on  the  project  as  having
successfully  completed  a  course  in  construction  safety  and health
approved by the United States department of labor's occupational  safety
and health administration that is at least ten hours in duration.
  2.  THE  DEPARTMENT  SHALL  LICENSE  ANY ENTITY OR ORGANIZATION IN THE
STATE OF NEW YORK WHICH  OFFERS  A  COURSE  TO  LABORERS,  WORKERS,  AND
MECHANICS  IN  CONSTRUCTION  SAFETY  AND  HEALTH  APPROVED BY THE UNITED
STATES DEPARTMENT OF LABOR'S OCCUPATIONAL  SAFETY  AND  HEALTH  ADMINIS-
TRATION  THAT  IS  AT  LEAST  TEN  HOURS IN DURATION, INCLUDING, BUT NOT
LIMITED TO COURSES GIVEN  IN  ORDER  THAT  SUCH  LABORERS,  WORKERS  AND
MECHANICS MAY BE ELIGIBLE TO WORK ON CERTAIN PROJECTS PURSUANT TO SUBDI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15116-03-0

A. 10062                            2

VISION  ONE OF THIS SECTION OR PURSUANT TO ANY LOCAL RULE, REGULATION OR
ORDINANCE.
  3.  ANY  PERSON,  ENTITY  OR ORGANIZATION WHICH ISSUES AN OCCUPATIONAL
SAFETY AND HEALTH ADMINISTRATION CONSTRUCTION AND SAFETY  HEALTH  COURSE
CARD  IN  NEW YORK STATE SHALL SUBMIT A COPY TO THE DEPARTMENT, WITH THE
CARDHOLDER'S NAME AND ADDRESS AND THE DATE OF ISSUANCE.
  4. THE COMMISSIONER SHALL PROMULGATE ANY RULES OR  REGULATIONS  NECES-
SARY  FOR  THE  IMPLEMENTATION  OF  SUBDIVISIONS  TWO  AND THREE OF THIS
SECTION.
  S 3. This act shall take effect immediately.

2009-A10062A (ACTIVE) - Details

Current Committee:: Assembly Labor
Law Section:: Labor Law
Laws Affected:: Amd §220-h, Lab L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A205
2013-2014: A7855

2009-A10062A (ACTIVE) - Summary

2009-A10062A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A10062A

TITLE  OF  BILL:    An  act  to  amend the labor law, in relation to the
licensing by the department of labor of any entity which offers an Occu-
pational Safety and Health Administration construction safety and health
course

PURPOSE OR GENERAL IDEA OF BILL: To ensure the integrity of construction
safety training programs mandated pursuant to state and local  laws,  by
requiring that entities providing such courses register with the depart-
ment  of  labor and that they report the issuance of safety certificates
so that a current database of certificate holders can be maintained.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill names the act  the
"construction  safety  course  accountability  act."  Section  2  amends
section 220-h of the labor law by adding subsection 2  to  require  that
any entity in New York state which offers a course to laborers, workers,
and  mechanics in construction safety and health, approved by the United
States department of labor's occupational  safety  and  health  adminis-
tration  that  is  at least ten hours in duration, obtain a license from
the department of labor; adds subsection 3 to require  that  any  entity
offering  such  a course submit a copy of the certificate or card issued
to any individual indicating completion of such course to the department
of labor so the department can maintain a current database of  cardhold-
ers;  and  adds  subsection  4 to give the commissioner the authority to
promulgate any rules or regulations necessary to implement  subdivisions

2  and  3  of  this  section. Section 3 provides that the act shall take
effect immediately.

JUSTIFICATION: Section 220-h of the labor law requires laborers, workers
and mechanics employed on certain construction projects  to  complete  a
course of instruction on safety and health approved by the United States
department of labor's occupational safety and health administration that
is  at  least  ten  hours  in  duration, commonly known as the "OSHA 10"
course. New York City has a similar regulation.  Currently there  is  no
centralized  agency that tracks who has taken the OSHA 10 course, and no
centralized agency that tracks  which  entities  and  organizations  are
certified  to  teach  the  course.  Because of that, it is difficult for
employers and safety enforcement agencies to establish the  validity  of
cards purporting to indicate that an individual has completed an OSHA 10
course, and there have been significant instances of fraud in the admin-
istration  of such courses. For example, newspapers discovered instances
of classes being given in two hours rather than ten, and in a bar rather
than in a classroom. This legislation would ensure that OSHA 10  courses
are  properly  administered  and  would reduce instances of fraud in the
issuance of OSHA 10 course completion cards.

PRIOR LEGISLATIVE HISTORY: New Legislation

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  None.

EFFECTIVE DATE: Immediately

2009-A10062A (ACTIVE) - Bill Text download pdf

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

                                10062--A

                          I N  A S S E M B L Y

                              March 2, 2010
                               ___________

Introduced  by M. of A. LANCMAN -- read once and referred to the Commit-
  tee on Labor -- committee discharged, bill amended, ordered  reprinted
  as amended and recommitted to said committee

AN  ACT  to  amend  the  labor  law, in relation to the licensing by the
  department of labor of any entity which offers an Occupational  Safety
  and Health Administration construction safety and health course

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

  Section  1.  This  act  shall  be  known  and  may  be  cited  as  the
"construction safety course accountability act".
  S  2.   Section 220-h of the labor law, as added by chapter 282 of the
laws of 2007, is amended to read as follows:
  S  220-h.  Occupational  Safety  and  Health   Administration   (OSHA)
construction  safety and health course. 1. The advertised specifications
for every contract for  the  construction,  reconstruction,  maintenance
and/or  repair  of public work to which the state or a municipality is a
party, where the total cost of  all  work  to  be  performed  under  the
contract is at least two hundred fifty thousand dollars, shall contain a
provision  requiring  that all laborers, workers, and mechanics employed
in the performance of the contract on the public work  site,  either  by
the  contractor,  sub-contractor or other person doing or contracting to
do the whole or a part of the work contemplated by the  contract,  shall
be  certified  prior  to  performing  any  work on the project as having
successfully completed  a  course  in  construction  safety  and  health
approved  by the United States department of labor's occupational safety
and health administration that is at least ten hours in duration.
  2. THE DEPARTMENT SHALL LICENSE ANY  ENTITY  OR  ORGANIZATION  IN  THE
STATE  OF  NEW  YORK  WHICH  OFFERS  A  COURSE TO LABORERS, WORKERS, AND
MECHANICS IN CONSTRUCTION SAFETY  AND  HEALTH  APPROVED  BY  THE  UNITED
STATES  DEPARTMENT  OF  LABOR'S  OCCUPATIONAL SAFETY AND HEALTH ADMINIS-
TRATION THAT IS AT LEAST TEN  HOURS  IN  DURATION,  INCLUDING,  BUT  NOT
LIMITED  TO  COURSES  GIVEN  IN  ORDER  THAT  SUCH LABORERS, WORKERS AND
MECHANICS MAY BE ELIGIBLE TO WORK ON CERTAIN PROJECTS PURSUANT TO SUBDI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15116-04-0

A. 10062--A                         2

VISION ONE OF THIS SECTION OR PURSUANT TO ANY LOCAL RULE, REGULATION  OR
ORDINANCE.
  3.  ANY  PERSON,  ENTITY  OR ORGANIZATION WHICH ISSUES AN OCCUPATIONAL
SAFETY AND HEALTH ADMINISTRATION CONSTRUCTION AND SAFETY  HEALTH  COURSE
CARD  IN  NEW YORK STATE SHALL SUBMIT A COPY TO THE DEPARTMENT, WITH THE
CARDHOLDER'S NAME AND ADDRESS AND THE DATE OF ISSUANCE.
  4. THE COMMISSIONER SHALL PROMULGATE ANY RULES OR  REGULATIONS  NECES-
SARY  FOR  THE  IMPLEMENTATION  OF  SUBDIVISIONS  TWO  AND THREE OF THIS
SECTION.
  S 3. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Assembly Bill A10062

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Actions

Bill Amendments

2009-A10062 - Details

2009-A10062 - Summary

2009-A10062 - Sponsor Memo

2009-A10062 - Bill Text download pdf

2009-A10062A (ACTIVE) - Details

2009-A10062A (ACTIVE) - Summary

2009-A10062A (ACTIVE) - Sponsor Memo

2009-A10062A (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2009-A10062

Assembly Bill A10062

Share this bill

Sponsored By

LANCMAN

Archive: Last Bill Status - In Assembly Committee

Actions

Bill Amendments

2009-A10062 - Details

2009-A10062 - Summary

2009-A10062 - Sponsor Memo

2009-A10062 - Bill Text download pdf

2009-A10062A (ACTIVE) - Details

2009-A10062A (ACTIVE) - Summary

2009-A10062A (ACTIVE) - Sponsor Memo

2009-A10062A (ACTIVE) - Bill Text download pdf

Comments