S T A T E O F N E W Y O R K
________________________________________________________________________
2125
2009-2010 Regular Sessions
I N A S S E M B L Y
January 15, 2009
___________
Introduced by M. of A. JOHN -- read once and referred to the Committee
on Labor
AN ACT to amend the labor law and the state finance law, in relation to
the New York state worker protection board
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph b of subdivision 4 of section 27-a of the labor
law, as amended by chapter 433 of the laws of 2007, is amended to read
as follows:
b. Notwithstanding the provisions of paragraph a of this subdivision,
the commissioner, in consultation with the state [occupational safety
and health hazard abatement] WORKER PROTECTION board, shall promulgate
rules and regulations recommended to him OR HER by such board which
establish standards whenever such board finds (i) that no federal stand-
ard exists for the particular condition being addressed and that such a
standard is necessary for the protection of the public employees at
risk, or (ii) a federal standard exists, but conditions in public work-
places in this state require a different standard, and such state stand-
ard will be at least as effective in providing safe and healthful places
of employment as the federal standard.
S 2. The subdivision heading and paragraphs a, b and e of subdivision
15 of section 27-a of the labor law, the subdivision heading and para-
graphs a and e as added by chapter 729 of the laws of 1980, paragraph b
as amended by chapter 55 of the laws of 1992 and such subdivision as
renumbered by chapter 706 of the laws of 1990, are amended to read as
follows:
New York state [occupational safety and health hazard abatement] WORK-
ER PROTECTION board; creation and procedure. a. The New York state
[occupational safety and health hazard abatement] WORKER PROTECTION
board is hereby created to have and exercise the powers, duties and
prerogatives provided by the provisions of this subdivision.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04745-01-9
A. 2125 2
b. The membership of the board shall consist of [five] NINE persons.
THREE MEMBERS SHALL BE appointed by the governor of whom one shall be
upon the recommendation of THE NEW YORK STATE FEDERATION OF LABOR-CON-
GRESS OF INDUSTRIAL ORGANIZATIONS, TWO MEMBERS SHALL BE APPOINTED BY the
temporary president of the senate, one upon the recommendation of THE
NEW YORK STATE FEDERATION OF LABOR-CONGRESS OF INDUSTRIAL ORGANIZATIONS,
TWO MEMBERS SHALL BE APPOINTED BY the speaker of the assembly, [and] one
upon the recommendation of THE NEW YORK STATE FEDERATION OF LABOR-CON-
GRESS OF INDUSTRIAL ORGANIZATIONS, ONE MEMBER SHALL BE APPOINTED BY the
state comptroller AND ONE MEMBER SHALL BE THE COMMISSIONER. Members
shall serve at the pleasure of the governor, and the governor may
replace any member in accordance with the provisions contained herein
for the appointment of members.
The governor shall designate one of the members to serve as [chairman]
CHAIRPERSON. The board shall act by a majority vote of its members, and
a quorum to conduct business shall consist of [three] FIVE members. Any
determination of the board shall be evidenced by a certification thereof
executed by all the members present and voting. Each member of the board
shall be entitled to designate a representative to attend meetings of
the board in his OR HER place, and to vote or otherwise act on his OR
HER behalf in his OR HER absence. Such representative shall not be
authorized to delegate any of his OR HER duties or functions to any
other person. Notice of such designation shall be furnished in writing
to the board by the designating member. A representative shall serve at
the pleasure of the designating member during the member's term of
office.
e. The board shall meet at least four times a year with at least one
meeting in each calendar quarter. The [chairman] CHAIRPERSON shall
designate the days of meeting, and shall provide each member with at
least three weeks written notice of the date of such meeting.
S 3. The subdivision heading of subdivision 16 of section 27-a of the
labor law, as amended by chapter 886 of the laws of 1985 and such subdi-
vision as renumbered by chapter 706 of the laws of 1990, is amended to
read as follows:
New York state [occupational safety and health hazard abatement] WORK-
ER PROTECTION board; powers and duties.
S 4. Subdivision 1 of section 885 of the labor law, as added by chap-
ter 886 of the laws of 1985, is amended to read as follows:
1. "Board" shall mean the New York state [occupational safety and
health hazard abatement] WORKER PROTECTION board created pursuant to the
provisions of section twenty-seven-a of this chapter.
S 5. Subdivision 3 of section 97-c of the state finance law, as
amended by chapter 309 of the laws of 1996, is amended to read as
follows:
3. Moneys of the fund shall be available to the New York state [occu-
pational safety and health hazard abatement] WORKER PROTECTION board for
purposes of carrying out the provisions of article twenty-nine of the
labor law and to the department of labor for worker protection activ-
ities under its jurisdiction.
S 6. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such effective date.