NY State Assembly Bill 2009-A7437B

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 01, 2010	held for consideration in ways and means
Jun 08, 2010	reported referred to ways and means
Jan 06, 2010	referred to labor
Dec 21, 2009	print number 7437b
Dec 21, 2009	amend (t) and recommit to labor
Jun 11, 2009	print number 7437a
Jun 11, 2009	amend (t) and recommit to labor
Apr 06, 2009	referred to labor

Bill Amendments

Original

B (Active)

2009-A7437 - Details

See Senate Version of this Bill:: S5117
Current Committee:: Assembly Ways And Means
Law Section:: Labor Law
Laws Affected:: Add Art 23-C §§832 & 833, Lab L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A432, S2831
2013-2014: A1697, S4111

2009-A7437 - Summary

Requires sanitation workers to receive certain training; requires the department of labor to establish certain regulations related thereto.

2009-A7437 - Bill Text download pdf

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

                                  7437

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              April 6, 2009
                               ___________

Introduced by M. of A. GALEF, SPANO, J. RIVERA, MARKEY, SCHIMEL, JAFFEE,
  WALKER,  FINCH  --  Multi-Sponsored by -- M. of A. CHRISTENSEN, CLARK,
  DIAZ, EDDINGTON, MAISEL, McDONOUGH, ROSENTHAL, TOWNS -- read once  and
  referred to the Committee on Labor

AN ACT to amend the general business law, in relation to requiring sani-
  tation workers to receive certain training

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

  Section 1. The general business law is amended by adding a new article
6-E to read as follows:
                               ARTICLE 6-E
                     TRAINING FOR SANITATION WORKERS
SECTION 69-AA. DEFINITIONS.
        69-BB. TRAINING FOR SANITATION WORKERS.
  S 69-AA. DEFINITIONS. AS USED IN  THIS  ARTICLE,  UNLESS  THE  CONTEXT
REQUIRES OTHERWISE:
  1. "DEPARTMENT" MEANS THE DEPARTMENT OF STATE.
  2.  "EMPLOYEE"  MEANS  A  PERSON  EMPLOYED  DIRECTLY BY OR THROUGH ANY
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, WHICH EMPLOYS OR SEEKS
TO EMPLOY AN EMPLOYEE TO  PROVIDE  SOLID,  HAZARDOUS  OR  MEDICAL  WASTE
COLLECTION, RECYCLING OR DISPOSAL SERVICES.
  S  69-BB. TRAINING FOR SANITATION WORKERS. 1. THE EMPLOYERS OF SANITA-
TION WORKERS ARE   RESPONSIBLE FOR  ENSURING  ALL  EMPLOYEES,  INCLUDING
SUPERVISORS, MANAGERS, CONTRACT LABORERS, PART-TIME AND SEASONAL EMPLOY-
EES,  ARE  PROPERLY  TRAINED  FOR  THEIR ASSIGNED JOBS, TASKS AND USE OF
RELATED EQUIPMENT. CONTRACTORS  WHO MAY BE ENGAGED TO OPERATE  OR  MAIN-
TAIN  THE  EMPLOYER'S  EQUIPMENT  SHALL BE ADVISED OF THE UNIQUE HAZARDS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01711-01-9

A. 7437                             2

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 PRESENTS 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 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 DEMON-
STRATION 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 REQUIRE-
MENTS 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 STATE DEPARTMENT OF LABOR 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.

2009-A7437A - Details

See Senate Version of this Bill:: S5117
Current Committee:: Assembly Ways And Means
Law Section:: Labor Law
Laws Affected:: Add Art 23-C §§832 & 833, Lab L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A432, S2831
2013-2014: A1697, S4111

2009-A7437A - Summary

Requires sanitation workers to receive certain training; requires the department of labor to establish certain regulations related thereto.

2009-A7437A - Sponsor Memo

                                BILL NUMBER:A7437A

TITLE  OF BILL:  An act to amend the labor law, in relation to requiring
sanitation workers to receive certain training

PURPOSE OR GENERAL IDEA  OF  BILL:  To  require  sanitation  workers  to
receive training specific to their work.

SUMMARY  OF  SPECIFIC  PROVISIONS: The Labor. Law is amended by adding a
new article 23-c. Article 23-c defines department, employee, and employ-
er. It details the training  setting  forth  responsibilities,  require-
ments,  trainers,  and trainees. It also details the nature, timing, and
frequency of the training in addition to record-keeping requirements and
approved agencies that can provide the training.

JUSTIFICATION: Sanitation work is a dangerous and  often  fatal  occupa-
tion.  In  July  of  2005,  John-Paul  Rodrigues, a twenty-four year old
Ossining sanitation worker, died after a fall from the back of a sanita-
tion truck. His death followed other sanitation worker deaths  in  West-
chester  County  occurring over the previous few years. Since Rodrigues'
death, a Bronx sanitation worker died front injuries  sustained  from  a
sanitation  truck  fall in 2006, and a nineteen-year old Town of Babylon
seasonal worker died from a head injury after  he  fell  from  a  moving
truck in July, 2007.

According  to  a  National  Institute for Occupational Safety and Health

(NIOSH) May 1997 report  (97-100),  many  sanitation  worker  fatalities
occur  when  workers  fall  or are struck by refuse collection vehicles.
The National Traumatic Occupational Fatalities surveillance system indi-
cated that between 1980 and 1992, 450 workers aged 16 or older  died  in
incidents  related  to  refuse  collection; 303 (67%) of these incidents
were vehicle related. Of the vehicle related deaths, 110 (36%)  occurred
when  the  worker  slipped or fell from a refuse collection vehicle, was
struck or run over by the vehicle, or fell and was struck or run over by
the refuse collection  vehicle,  Twenty  (18%)  of  the  110  fatalities
occurred when the refuse collection truck was backing up.

The hazards of working on and near moving sanitation trucks as also been
documented  by  the New York State Census of Front Occupational Injuries
from 1992-2000. The data revealed that the largest percentage  of  fatal
occupational  injuries were represented by a group including motor vehi-
cle operators, construction laborers, machine operators, and  those  who
work on and with vehicles.

Deaths  from  traumatic  occupational injuries represented a significant
public health concern, and have enormous emotional and financial  reper-
cussions on In immediate families and society. Such deaths arc preventa-
ble  particularly since NIOSH has reported that sanitation employers and
workers may not be fully aware of or are complacent about the hazards of
riding on and working near  moving  refuse  collection  vehicles.  NIOSH
recommendations include annual and refresher training for all sanitation
workers which has been mandated in this legislation.

There  are minimal or no costs to municipalities for instituting sanita-
tion worker training. First, most if not all municipalities have  train-
ing  programs in place. Second, if there are no training programs, there
is training at no or little cost available through state grants,  state-
wide  and local unions like the Civil Service Employees Association, the
Public Employee Safety and Health Bureau of the New York  State  Depart-
ment  of  Labor  (PESH), and the National Solid Waste Management Associ-
ation.

PRIOR LEGISLATIVE HISTORY: Similar to A.9919 and S.7824 in 2007/2008.

FISCAL IMPLICATIONS: Minimal to municipalities since many, if  not  all,
have  existing training programs, and training is available at little or
no cost.

EFFECTIVE DATE: This act shall take effect on the one hundred  eightieth
day  after it shall have become a law; provided, however, that effective
immediately, the addition, amendment and/or repeal of any rule or  regu-
lation  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.

2009-A7437A - Bill Text download pdf

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

                                 7437--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              April 6, 2009
                               ___________

Introduced by M. of A. GALEF, SPANO, J. RIVERA, MARKEY, SCHIMEL, JAFFEE,
  WALKER,  FINCH  --  Multi-Sponsored by -- M. of A. CHRISTENSEN, CLARK,
  EDDINGTON, MAISEL,  McDONOUGH,  ROSENTHAL,  TOWNS  --  read  once  and
  referred  to  the  Committee  on  Labor  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN ACT to amend the labor law, in relation to requiring sanitation work-
  ers to receive certain 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
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, 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 AND USE OF RELATED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01711-02-9

A. 7437--A                          2

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 PRESENTS 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 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 DEMON-
STRATION 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 REQUIRE-
MENTS 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 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.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2009-A7437B (ACTIVE) - Details

See Senate Version of this Bill:: S5117
Current Committee:: Assembly Ways And Means
Law Section:: Labor Law
Laws Affected:: Add Art 23-C §§832 & 833, Lab L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A432, S2831
2013-2014: A1697, S4111

2009-A7437B (ACTIVE) - Summary

Requires sanitation workers to receive certain training; requires the department of labor to establish certain regulations related thereto.

2009-A7437B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A7437B

TITLE OF BILL:  An act to amend the labor law, in relation to requiring
sanitation workers to receive training

PURPOSE OR GENERAL IDEA OF BILL: Amend the labor law requiring sanita-
tion workers to receive training specific to their work

SUMMARY OF SPECIFIC PROVISIONS: Labor Law is amended by adding a new
article 23-c. Article 23-c defines department, employee, and employer.
It details the training setting forth responsibilities and requirements
for trainers and trainees. It also describes the nature, timing, and
frequency of the training in addition to record-keeping requirements and
approved agencies that can provide the training.

JUSTIFICATION: Sanitation work is a dangerous and often fatal occupa-
tion. In July of 2005, John-Paul Rodrigues, a twenty-four year old
Ossining sanitation worker, died after a fall from the back of a sanita-
tion truck. His death followed other sanitation worker deaths in West-
chester County occurring over the previous few years. Since Rodrigues'
death, a Bronx sanitation worker died from injuries sustained from a
sanitation truck fall in 2006, and a nineteen-year old Town of Babylon
seasonal worker died from a head injury after he fell from a moving
truck in July, 2007.

According to a National Institute for Occupational Safety and Health

(NIOSH) May 1997 report, many sanitation worker fatalities occur when
workers fall or are struck by refuse collection vehicles. The National
Traumatic Occupational Fatalities surveillance system indicated that
between 1980 and 1992, 450 workers aged 16 or older died in incidents
related to refuse collection; 303 of these incidents were vehicle
related. Of the vehicle related deaths, 36% occurred when the worker
slipped or fell from a refuse collection vehicle, was struck or run over
by the vehicle, or fell and was struck or run over by the refuse
collection vehicle, 18% of the 110 fatalities occurred when the refuse
collection truck was backing up.

Deaths from traumatic occupational injuries represent a significant
public health concern, having enormous emotional and financial repercus-
sions on affected families and society. These deaths are preventable.
NIOSH has reported that sanitation employers and workers may not be
fully aware of or are complacent about the hazards of riding on and
working near moving refuse collection vehicles. NIOSH recommendations
include annual and refresher training for all sanitation workers which
has been mandated in this legislation.

There are minimal or no costs to municipalities for instituting sanita-
tion worker training. First, most if not all municipalities have train-
ing programs in place. Second, if there are no training programs, there
is training at no or little cost available through state grants, state-
wide and local unions like the Civil Service Employees Association, the
Public Employee Safety and Health Bureau of the New York State Depart-

ment of Labor (PESH), and the National Solid Waste Management Associ-
ation.

PRIOR LEGISLATIVE HISTORY: Similar to A.9919 and S.7824 in 2007/2008

FISCAL IMPLICATIONS: Minimal to none for municipalities

EFFECTIVE DATE: This act shall take effect on the one hundred eightieth
day after it shall have become a law; provided, however, that effective
immediately, the addition, amendment and/or repeal of any rule or regu-
lation 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.

2009-A7437B (ACTIVE) - Bill Text download pdf

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

                                 7437--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              April 6, 2009
                               ___________

Introduced by M. of A. GALEF, SPANO, J. RIVERA, MARKEY, SCHIMEL, JAFFEE,
  WALKER,  FINCH  --  Multi-Sponsored by -- M. of A. CHRISTENSEN, CLARK,
  EDDINGTON, MAISEL,  McDONOUGH,  ROSENTHAL,  TOWNS  --  read  once  and
  referred  to  the  Committee  on  Labor  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  again  reported  from said committee with amendments, 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01711-06-9

A. 7437--B                          2

SORS, MANAGERS, CONTRACT LABORERS, PART-TIME AND SEASONAL EMPLOYEES, ARE
PROPERLY  TRAINED  FOR  THEIR ASSIGNED JOBS, TASKS, HAZARDS OR POTENTIAL
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.

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Assembly Bill A7437B

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Sponsored By

GALEF

Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2009-A7437 - Details

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Mike Spano

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Michelle Schimel

multi-Sponsors

Joan Christensen

Barbara Clark

Rory Lancman

Alan Maisel

2009-A7437B (ACTIVE) - Details

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