S T A T E   O F   N E W   Y O R K
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                                  3841

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

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

AN ACT to amend the labor  law,  in  relation  to  safety  training  for
  certain employees

  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  202-l  to
read as follows:
  S   202-L.   OCCUPATIONAL  SAFETY  AND  HEALTH  ADMINISTRATION  (OSHA)
CONSTRUCTION SAFETY  AND  HEALTH  COURSE.  1.  EVERY  CONTRACT  FOR  THE
CONSTRUCTION,  RECONSTRUCTION, MAINTENANCE AND/OR REPAIR OF ANY CONTRACT
WHERE THE TOTAL COST OF ALL WORK TO BE PERFORMED UNDER THE  CONTRACT  IS
TWO  HUNDRED  FIFTY  THOUSAND DOLLARS OR MORE, 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  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. THE CONTRACTOR SHALL  BE  RESPONSIBLE
FOR  SUBMITTING A CERTIFICATION TO THE DEPARTMENT PRIOR TO THE COMMENCE-
MENT OF ANY WORK ON THE PROJECT.
  2. IF ANY PERSON PERFORMS ANY WORK ON A CONTRACT WITHOUT FIRST  HAVING
COMPLETED  HIS  OR HER TEN HOURS AS REQUIRED PURSUANT TO SUBDIVISION ONE
OF THIS SECTION, THEN THE CONTRACTOR SHALL BE LIABLE FOR A FINE, PAYABLE
TO THE DEPARTMENT, IN THE AMOUNT OF FIVE THOUSAND DOLLARS FOR ITS  FIRST
OFFENSE.  THE AMOUNT OF FINE FOR EACH SUBSEQUENT OFFENSE SHALL BE DOUBLE
THE AMOUNT OF THE FINE ASSESSED AGAINST THE  CONTRACTOR  FOR  THE  IMME-
DIATELY PRIOR OFFENSE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04017-01-9

              

A. 3841                             2

  3.  IF MORE THAN ONE PERSON WORKING ON A CONTRACT DOES NOT HAVE HIS OR
HER CERTIFICATION, EACH PERSON WORKING WITHOUT  CERTIFICATION  SHALL  BE
CONSIDERED A DISTINCT AND SUBSEQUENT OFFENSE OF THE CONTRACTOR.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.