Senate Bill S1846

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

                                  1846

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 9, 2009
                               ___________

Introduced  by  Sen.  KLEIN  -- 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 providing that  specifica-
  tions  and contracts for commercial or industrial projects or multiple
  dwelling projects shall contain a provision  that  laborers,  workers,
  and  mechanics  shall  be  certified  as  having completed a course in
  construction safety and health approved by OSHA that is at  least  ten
  hours in duration

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

  Section 1. 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. (A) THE SPECIFICATIONS FOR EVERY CONTRACT FOR NEW CONSTRUCTION OF A
BUILDING,  WHERE  THE  TOTAL  COST OF ALL WORK TO BE PERFORMED UNDER THE
CONTRACT IS AT LEAST FIVE HUNDRED  THOUSAND  DOLLARS,  SHALL  CONTAIN  A
PROVISION  REQUIRING  THAT ALL LABORERS, WORKERS, AND MECHANICS EMPLOYED
IN THE PERFORMANCE OF THE CONTRACT ON  THE  WORK  SITE,  EITHER  BY  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05263-01-9
              

S. 1846                             2

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 SUCCESS-
FULLY  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.
  (B)  THE SPECIFICATIONS FOR EVERY CONTRACT FOR RECONSTRUCTION, MAINTE-
NANCE AND/OR REPAIR OF A BUILDING, WHERE THE TOTAL VALUE OF THE 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  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  WITHIN  NINETY  DAYS OF COMMENCEMENT OF
EMPLOYMENT BY SUCH CONTRACTOR OR  SUB-CONTRACTOR  OR  WITHIN  FORTY-FIVE
DAYS OF THE COMMENCEMENT OF WORK ON THE PROJECT, WHICHEVER IS SOONER, 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.
  3. IF THE COMMISSIONER FINDS, AFTER AN INVESTIGATION, THAT A  CONTRAC-
TOR  OR  SUB-CONTRACTOR  HAS VIOLATED ANY PROVISION OF THIS SECTION, THE
COMMISSIONER MAY, BY AN ORDER  WHICH  SHALL  DESCRIBE  PARTICULARLY  THE
NATURE OF THE VIOLATION, ASSESS THE CONTRACTOR OR SUB-CONTRACTOR A CIVIL
PENALTY  OF  FIVE  HUNDRED  DOLLARS  PER  WORKDAY FOR EACH NON-COMPLIANT
LABORER, WORKER OR MECHANIC.
  S 2. The department of labor  may  promulgate  rules  and  regulations
necessary  for  the enforcement of the provisions of section one of this
act.
  S 3. This act shall take effect one year after it shall have become  a
law.