NY State Senate Bill 2009-S7543

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 20, 2010	referred to labor

co-Sponsors

2009-S7543 (ACTIVE) - Details

See Assembly Version of this Bill:: A10062
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §220-h, Lab L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S76, A205
2013-2014: S79, A7855
2015-2016: S1263
2017-2018: S581

2009-S7543 (ACTIVE) - Summary

Enacts the "construction safety course accountability act"; authorizes the department of labor to license any entity or organization in the state of New York which offers an Occupational Safety and Health Administration construction safety and health course; requires any person or entity which issues an Occupational Safety and Health Administration construction and safety health course card in New York state to submit a copy to the department of labor, with the cardholder's name and address and the date of issuance.

2009-S7543 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7543

 TITLE OF BILL :
An act to amend the labor law, in relation to the licensing by the
department of labor of any entity which offers an Occupational Safety
and Health Administration construction safety and health course

 PURPOSE OR GENERAL IDEA OF BILL :
To ensure the integrity of construction safety training programs
mandated pursuant to state and local laws, by requiring that entities
providing such courses register with the department of labor and that
they report the issuance of safety certificates so that a current
database of certificate holders can be maintained.

 SUMMARY OF SPECIFIC PROVISIONS :
Section 1 of the bill names the act the "construction safety course
accountability act." Section 2 amends section 220-h of the labor law
by adding subsection 2 to require that any entity in New York state
which offers a course to laborers, workers, and mechanics 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, obtain a license from the
department of labor; adds subsection 3 to require that any entity
offering such a course submit a copy of the certificate or card issued
to any individual indicating completion of such course to the
department of labor so the department can maintain a current database

of cardholders; and adds subsection 4 to give the commissioner the
authority to promulgate any rules or regulations necessary to
implement subdivisions 2 and 3 of this section. Section 3 provides
that the act shall take effect immediately.

 JUSTIFICATION :
Section 220-h of the labor law requires laborers, workers and
mechanics employed on certain construction projects to complete a
course of instruction on 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, commonly known
as the "OSHA 10" course. New York City has a similar regulation.
Currently there is no centralized agency that tracks who has taken the
OSHA 10 course, and no centralized agency that tracks which entities
and organizations. are certified to teach the course.  Because of
that, it is difficult for employers and safety enforcement agencies to
establish the validity of cards purporting to indicate that an
individual has completed an OSHA 10 course, and there have been
significant instances of fraud in the administration of such courses.
For example, newspapers discovered instances of classes being given in
two hours rather than ten, and in a bar rather than in a classroom.
This legislation would ensure that OSHA 10 courses are properly
administered and would reduce instances of fraud in the issuance of
OSHA 10 course completion cards.

 PRIOR LEGISLATIVE HISTORY :
New legislation.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
None.

 EFFECTIVE DATE :
Immediately.

2009-S7543 (ACTIVE) - Bill Text download pdf

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

                                  7543

                            I N  S E N A T E

                             April 20, 2010
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor

AN ACT to amend the labor law, in  relation  to  the  licensing  by  the
  department  of labor of any entity which offers an Occupational Safety
  and Health Administration construction safety and health course

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

  Section  1.  This  act  shall  be  known  and  may  be  cited  as  the
"construction safety course accountability act".
  S 2.  Section 220-h of the labor law, as added by chapter 282  of  the
laws of 2007, is amended to read as follows:
  S   220-h.   Occupational  Safety  and  Health  Administration  (OSHA)
construction safety and health course. 1. The advertised  specifications
for  every  contract  for  the construction, reconstruction, maintenance
and/or repair of public work to which the state or a municipality  is  a
party,  where  the  total  cost  of  all  work to be performed under the
contract is at least two hundred fifty thousand dollars, shall contain a
provision requiring that all laborers, workers, and  mechanics  employed
in  the  performance  of the contract on the public 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.
  2.  THE  DEPARTMENT  SHALL  LICENSE  ANY ENTITY OR ORGANIZATION IN THE
STATE OF NEW YORK WHICH  OFFERS  A  COURSE  TO  LABORERS,  WORKERS,  AND
MECHANICS  IN  CONSTRUCTION  SAFETY  AND  HEALTH  APPROVED BY THE UNITED
STATES DEPARTMENT OF LABOR'S OCCUPATIONAL  SAFETY  AND  HEALTH  ADMINIS-
TRATION  THAT  IS  AT  LEAST  TEN  HOURS IN DURATION, INCLUDING, BUT NOT
LIMITED TO COURSES GIVEN  IN  ORDER  THAT  SUCH  LABORERS,  WORKERS  AND
MECHANICS MAY BE ELIGIBLE TO WORK ON CERTAIN PROJECTS PURSUANT TO SUBDI-
VISION  ONE OF THIS SECTION OR PURSUANT TO ANY LOCAL RULE, REGULATION OR
ORDINANCE.

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

                                                           LBD15116-05-0

S. 7543                             2

  3. ANY PERSON, ENTITY OR ORGANIZATION  WHICH  ISSUES  AN  OCCUPATIONAL
SAFETY  AND  HEALTH ADMINISTRATION CONSTRUCTION AND SAFETY HEALTH COURSE
CARD IN NEW YORK STATE SHALL SUBMIT A COPY TO THE DEPARTMENT,  WITH  THE
CARDHOLDER'S NAME AND ADDRESS AND THE DATE OF ISSUANCE.
  4.  THE  COMMISSIONER SHALL PROMULGATE ANY RULES OR REGULATIONS NECES-
SARY FOR THE IMPLEMENTATION  OF  SUBDIVISIONS  TWO  AND  THREE  OF  THIS
SECTION.
  S 3. This act shall take effect immediately.

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Senate Bill S7543

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

co-Sponsors

2009-S7543 (ACTIVE) - Details

2009-S7543 (ACTIVE) - Summary

2009-S7543 (ACTIVE) - Sponsor Memo

2009-S7543 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7543

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Sponsored By

Jose Peralta

Archive: Last Bill Status - In Senate Committee Labor Committee

co-Sponsors

Diane J. Savino

2009-S7543 (ACTIVE) - Details

2009-S7543 (ACTIVE) - Summary

2009-S7543 (ACTIVE) - Sponsor Memo

2009-S7543 (ACTIVE) - Bill Text download pdf

Comments