Senate Bill S5107

                                 BILL NUMBER:  S5107

 TITLE OF BILL :
An act to amend the labor law, in relation to employee safety when
working on or near low voltage lines, circuits or equipment

 PURPOSE OR GENERAL IDEA OF BILL :
Provides that employers shall insure that each employee working on or
near electrical lines or equipment is equipped with OSHA compliant
insulated tools.

 SUMMARY OF SPECIFIC PROVISIONS :


 JUSTIFICATION :
Insulated tools are currently required under the Occupational Safety
and Health Administration regulations for anyone working on or near
any equipment, line conduit etc., carrying 50 or more volts. The
regulations are embodied in 29 CFR 1910.XXX (sections 1910.5,
1910.242, 1910.269, 1910.335 - 337). The reason for the regulations,
introduced in October of 1994, was and is the high number of injuries
and deaths resulting from accidental contact with live electrical
circuits, machines, lines, etc., by worker's tools during the normal
course of work. The OSHA regulations are patterned after the EN 60900
(IEC 900) in Europe that have been in effect for over 15 years.  The
Europeans have experienced a dramatic reduction in electrical related
              

injuries and deaths over the past 10 years. The problems that
currently exist with the OSHA regulations are those of definition,
ignorance, enforcement and responsibility. The current rate of
compliance within New York State is estimated to be less than 10%.

Most workers are unaware of the existence of the regulations and of
those that know of them they believe the regulations do not apply to
them. This belief is centered around the designation of 1000 volt
rated on the tools which many believe are needed only if you are
working on or near 1000 volts. The reality is that very low voltages
can injure and kill. An auto worker, in another state, was killed when
working on a 110 volt sign when his un-insulated tool crossed over.
The current went down his arm, across his chest and stopped his heart.
Attached are fatalities by region from 1991 through 1995. During this
time period 1,221 deaths were recorded as a result of electrical shock
in the work place.

Many employers who know of the OSHA regulations instruct their workers
to turn off the power before working. The reality is that the power is
not turned off and the workers are working live. The employers know
this but use their internal rules to get around the requirement to use
insulated tools. Additionally, there are many instances were the power
has been turned off, but not locked out and tagged out, and is then
accidentally turned on while someone is working. The result is injury
or death.

The intent of the current OSHA regulations is to minimize injuries and
death by requiring workers to wear protective equipment and to
minimize the chance of an accident through the use of insulated tools.
Many electricians try to shut the current off whenever practical
before working but this is not practical in many instances such as
hospitals, stores during working hours, working on traffic signals,
etc. Current is also not turned off due to laziness in many cases. As
a result of the need to work live and the fact that many electricians
work live even when they should not there is a need to mandate the use
of 1000 volt rated tools to prevent needless injuries and death. Given
the above, workers have a need to carry and use 1000 volt rated tools.
Of those individuals and companies that are in compliance with the
OSHA regulations the solution, in many cases, has been to supply sets

of tools for covered workers. In the long run this is the most cost
effective or practical approach.

Some approach the problem by carrying two sets of tools, one for live
work and another set for work on dead circuits. This is not practical
in most cases because of the weight involved. A single tool pouch
containing regular tools can weigh from 15 lb. to 70 lb. The idea of
carrying two sets of tools does not work. Most often the rated tools
are left behind but close at hand in the event of an OSHA inspection.
The only real solution to the problem is to require the use of 1000
volt rated tools whenever anyone is working on any electrical
apparatus, lines, circuits, machines or equipment that is powered or
supplied with an electric current regardless of the current involved.

Advantages to the employer are lower worker compensation rates, less
lost time injuries, reduced risk in the event of an injury or death,
lower liability insurance costs and OSHA compliance.

The primary objection to the above from employers and workers would
center around the initial cost. Under the current OSHA regulations the
employer is 100% responsible to see that his/her employees have the
tools and are using them and the employer must periodically inspect
the tools to make sure they are safe. The employer is not required to
purchase 1000 volt rated tools under the OSHA regulations. The cost to
the employer to purchase the first set of tools would range from $250
to $1,000 per covered employee. In most work situations the number of
affected employees is less than 3. For electrical contractors,
utilities and large manufacturers there would be a significant cost
but no greater than the cost of litigation and settlement in the event
one of their employees is injured or killed.

In many instances employers set aside funds for a tool allowance and
even have cost sharing arrangements for employees, that are required
to use specialized tools. The IBEW has taken the position that 1000
volt rated tools should be supplied by the employer because their
contract requires employers to supply specialty tools. The IBEW looks
on 1000 volt rated tools as specialty tools.

The preliminary assessment by OSHA is that one worker is killed every
day of the year in the United States through electrocution and that
many of these individuals would have been saved if they were using
1000 volt rated tools.

 PRIOR LEGISLATIVE HISTORY :
2008: A1916 Referred to Labor; 2007: A3612 Referred to Labor, 2004:
Died in Codes; 2001: A.01371 - Referred to Labor

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.