S T A T E O F N E W Y O R K
________________________________________________________________________
5117--B
2009-2010 Regular Sessions
I N S E N A T E
April 27, 2009
___________
Introduced by Sen. STEWART-COUSINS -- read twice and ordered printed,
and when printed to be committed to the Committee on Labor -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01711-07-9
S. 5117--B 2
HAZARDS PRESENT AND USE OF RELATED EQUIPMENT. CONTRACTORS WHO MAY BE
ENGAGED TO OPERATE OR MAINTAIN THE EMPLOYER'S EQUIPMENT SHALL BE ADVISED
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.
