Assembly Bill A1166

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

                                  1166

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  SEMINERIO  --  read once and referred to the
  Committee on Labor

AN ACT to amend the labor law, in relation to permitting certain  minors
  to work as volunteers for nonprofit organizations constructing afford-
  able housing

  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 section  132-a  to
read as follows:
  S  132-A.  MINORS AGED FOURTEEN THROUGH SEVENTEEN PERMITTED TO WORK AS
VOLUNTEERS FOR NONPROFIT ORGANIZATIONS CONSTRUCTING AFFORDABLE  HOUSING;
PROHIBITED ACTS; MINIMUM INSURANCE REQUIREMENTS. 1.  NOTWITHSTANDING ANY
OTHER  PROVISION  OF LAW, RULE OR REGULATION, MINORS WHO ARE BETWEEN THE
AGES OF FOURTEEN AND SEVENTEEN SHALL BE PERMITTED TO WORK AS  VOLUNTEERS
FOR  NONPROFIT  ORGANIZATIONS  ENGAGED IN THE CONSTRUCTION OF AFFORDABLE
HOUSING AS DETERMINED BY  THE  COMMISSIONER  SUBJECT  TO  THE  FOLLOWING
PROVISIONS:
  A. THAT UNDER NO CIRCUMSTANCES SHALL A MINOR BE PERMITTED TO WORK IN A
PROJECT  INVOLVING THE CONSTRUCTION OF AFFORDABLE HOUSING THAT IS IN ANY
WAY ASSOCIATED WITH A PROFIT MAKING COMMERCIAL ENTERPRISE;
  B. THAT NO MINOR SHALL OPERATE, PERFORM MAINTENANCE, CLEAN, INSPECT OR
WORK IN, ABOUT,  OR  IN  CONNECTION  WITH  ANY  POWER  DRIVEN  MACHINERY
INVOLVED IN THE CONSTRUCTION OF AFFORDABLE HOUSING;
  C.  THAT NO MINOR SHALL ENGAGE IN THE CONSTRUCTION OF AFFORDABLE HOUS-
ING WITHOUT THE SAFETY EQUIPMENT REQUIRED BY LAW;
  D. THAT NO MINOR SHALL BE PERMITTED TO WORK  AS  A  VOLUNTEER  IN  THE
CONSTRUCTION  OF  AFFORDABLE HOUSING EXCEPT UNDER THE DIRECT SUPERVISION
OF AN ADULT;
  E. THAT NO MINOR SHALL BE EXPOSED TO HAZARDOUS WASTE PRODUCTS OR OTHER
HAZARDOUS SUBSTANCES;

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

                                                           LBD01836-01-9

A. 1166                             2

  F. THAT NO MINOR SHALL BE PERMITTED TO WORK ON ANY  EXCAVATION,  SCAF-
FOLDING OR ROOFING;
  G. THAT NO MINOR SHALL BE PERMITTED TO WORK:
  (1) DURING SCHOOL HOURS;
  (2) BEFORE SEVEN O'CLOCK IN THE FORENOON;
  (3)  AFTER  SEVEN  O'CLOCK IN THE EVENING; EXCEPT THAT MINORS MAY WORK
UNTIL NINE O'CLOCK IN THE EVENING BETWEEN MEMORIAL DAY AND LABOR DAY;
  (4) FOR MORE THAN FIVE CONSECUTIVE HOURS WITHOUT  A  HALF-HOUR  BREAK;
AND
  (5) FOR MORE THAN EIGHTEEN HOURS PER WEEK WHEN SCHOOL IS IN SESSION.
  2.  THE NONPROFIT ORGANIZATION ENGAGED IN THE CONSTRUCTION OF AFFORDA-
BLE HOUSING SHALL SECURE LIABILITY INSURANCE TO PROVIDE COMPENSATION FOR
ALL INJURIES, INCLUDING,  BUT  NOT  LIMITED  TO,  OCCUPATIONAL  ILLNESS,
SUSTAINED  BY MINORS WORKING VOLUNTARILY IN THE CONSTRUCTION OF AFFORDA-
BLE HOUSING.  THE INSURANCE REQUIRED BY THIS SECTION SHALL HAVE COVERAGE
LIMITS OF AT LEAST TWO MILLION FIVE HUNDRED THOUSAND DOLLARS PER  OCCUR-
RENCE,  AT LEAST TWO MILLION FIVE HUNDRED THOUSAND DOLLARS AGGREGATE PER
YEAR AND TWO HUNDRED FIFTY THOUSAND DOLLARS FOR PROPERTY DAMAGE, OR SUCH
HIGHER AMOUNTS AS THE SUPERINTENDENT OF INSURANCE  MAY  PROMULGATE  FROM
TIME TO TIME TO ADJUST FOR INFLATION.
  S 2. This act shall take effect immediately.