NY State Senate Bill 2009-S5193

Senate Bill S5193

2009-2010 Legislative Session

Renames the New York state occupational safety and health hazard abatement board the New York state worker protection board

download bill text pdf

Archive: Last Bill Status - In Senate Committee Labor 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to labor
Apr 27, 2009	referred to labor

2009-S5193 (ACTIVE) - Details

See Assembly Version of this Bill:: A2125
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §§27-a & 885, Lab L; amd §97-c, St Fin L
Versions Introduced in 2011-2012 Legislative Session:: A1755

2009-S5193 (ACTIVE) - Summary

Renames the New York state occupational safety and health hazard abatement board the New York state worker protection board; establishes the membership of the board shall consist of nine persons.

2009-S5193 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5193

 TITLE OF BILL :  An act to amend the labor law and the state finance
law, in relation to the New York state worker protection board

 PURPOSE OR GENERAL IDEA OF BILL :

To create the worker protection board which would replace the
occupational safety and health hazard abatement board.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends Paragraph b of Subdivision 4 of section 27 -a of the
labor law to state that the worker protection board shall promulgate
rules and regulations to establish standards where no federal standard
exists. Section 2 amends the labor law to create the New York state
worker protection board which would replace the hazard abatement
board.  Furthermore, it states that such board shall consist of nine
members, three to be appointed by the Governor with one upon the
recommendation of the AFL-CIO, two by the temporary president of the
senate with one upon recommendation of the AFL-CIO, two by the Speaker
with one upon recommendation of the AFL-CIO, one by the State
Comptroller, and that one shall be the commissioner of labor. Further,
this section states that such board shall meet at least once per
quarter.

Sections 3, 4, and 5 continue language replacing the duties of the
hazard abatement board with the worker protection board.

Section 6 is the effective date.

 JUSTIFICATION :

This legislation would replace the hazard abatement board with the New
York state worker protection board. Doing so would provide for
significant more representation on the board. By increasing
representation we would ensure that the responsibilities enumerated
are carried out in the best way possible. Increasing membership will
allow for a wider spectrum of individuals on the worker protection
board and therefore expand on the scope of expertise that can be drawn
upon.

 PRIOR LEGISLATIVE HISTORY :

A.10786 of 2008: referred to labor

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None.

 EFFECTIVE DATE :
Ninety days after becoming law.

2009-S5193 (ACTIVE) - Bill Text download pdf

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

                                  5193

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed 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

S. 5193                             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.

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