senate Bill S7001A

Signed By Governor
2011-2012 Legislative Session

Provides that police officers and firefighters employed by bi-state authorities are covered under health and safety standards for public employees

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Archive: Last Bill Status Via A9963 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 17, 2012 signed chap.441
Aug 06, 2012 delivered to governor
Jun 21, 2012 returned to assembly
passed senate
3rd reading cal.1472
substituted for s7001a
Jun 21, 2012 substituted by a9963a
ordered to third reading cal.1472
committee discharged and committed to rules
May 30, 2012 print number 7001a
amend and recommit to labor
Apr 20, 2012 referred to labor

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S7001 - Bill Details

See Assembly Version of this Bill:
A9963A
Law Section:
Labor Law
Laws Affected:
Amd §27-a, Lab L

S7001 - Bill Texts

view summary

Provides that police officers and firefighters employed by bi-state authorities are covered under health and safety standards for public employees.

view sponsor memo
BILL NUMBER:S7001

TITLE OF BILL:
An act
to amend the labor law, in relation to providing that police officers
and firefighters employed by bi-state authorities are covered under
health and safety standards for public employees

PURPOSE OF THE BILL:

To ensure that police and firefighters employed by Bi-State
authorities and agencies are covered under health and safety
standards for public employees.

SUMMARY OF THE PROVISIONS:

Section one of the bill adds "bi-state authority utilizing its own
police and/or fire fighters", to the definition of "Employer" under
§27-a, subsection a, of Labor Law.
Also adds "bi-state authority utilizing its own
police and/or firefighters", to the definition of "Employee" under
§27-a, subsection d, of Labor Law.

Section two of the bill provides that it shall take effect
immediately.

EXISTING LAW:

Labor Law § 27-a, subsection a, currently contains the list of all
entities defined as an "Employer" for purposes of safety and health
standards for public employees under Article 2 of the Labor Law.

Labor Law § 27-a, subsection d, currently contains the list of all
entities defined as "Public Employee" for purposes of safety and
health standards for public employees under Article 2 of the Labor Law.

LEGISLATIVE HISTORY:

This is a new bill.

JUSTIFICATION:

In the past decade, police and firefighters of Bi-State Authority's
whose jurisdiction encompasses the State of New York, have been
denied the protections of current health and safety standards
afforded to every other police and firefighter within the state. The
New York Plan for Public Employee Safety and Health (PESH) initially
approved on June 1, 1984 and certified on August 16, 2006, has been
interpreted as excluding said police and firefighters since they fall
outside the definition of "Employer" and "Public Employee" under the
labor law. Since 9/11/01, first
responders have been afforded the use of PESH to ensure proper
training and up to date equipment so that public safety remains at
the forefront as a matter of public policy.


On September 9, 2009 the Occupational Safety and Health Administration
(OSHA) of the United States Department of labor issued an instruction
under 29 CFR Part 1910, subpart I, entitled: Enforcement Guidance for
Personal Protective Equipment in General Industry. This issuance
provided enforcement guidance to federal (OSHA) and approved state
plan (PESH) offices concerning policies and procedures for
implementing inspection programs to reduce injuries, illnesses and
fatalities, and eliminate workplace hazards in general industry
employment through the use of Personal Protective Equipment (PPE).
Provisions were added to 29 CFR 1910.132 requiring employers to
select appropriate PPE based on the hazards present or likely to be
present in the workplace; to prohibit the use of defective or damaged
PPE; and to require that employees be trained so that each effected
employee can properly use the assigned PPE. The aforementioned
provisions as well as other guidelines issued by OSHA and PESH to
ensure employee safety has improved workplace safety for all public
employees covered under the law. Unfortunately, current labor law
definitions of "Employer" and "Public Employee," have been
interpreted to exclude police and firefighters working under
the auspices of bi-state authorities.

It is important to note that Personal Protective Equipment including
ballistic vests for police and fire protective gear commonly referred
to as "proximity gear" for fire fighters must be inspected and
replaced within specific time tables. Currently, there is no
oversight to ensure the PPE for first responders of bi-state
authorities is updated and maintained according to industry
standards. This creates a double standard against police and
firefighters working for bi-state authorities in New York State but
currently outside the jurisdiction of PESH. As a matter of State
public policy, all police and firefighters working within the
jurisdiction of the State of New York should be afforded the same
PESH oversight of safety and health standards for public employees as
set forth in New York State labor law.

BUDGET IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately upon similar legislation passed in New Jersey.

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

                                  7001

                            I N  S E N A T E

                             April 20, 2012
                               ___________

Introduced  by  Sen.  LANZA  -- 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  providing  that  police
  officers and firefighters employed by bi-state authorities are covered
  under health and safety standards for public employees

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

  Section 1. Paragraphs a and d of subdivision 1 of section 27-a of  the
labor  law,  as added by chapter 729 of the laws of 1980, are amended to
read as follows:
  a. "Employer" means the state, any political subdivision of the state,
a public authority, A BI-STATE AUTHORITY UTILIZING ITS OWN POLICE  OFFI-
CERS OR FIREFIGHTERS or any other governmental agency or instrumentality
thereof.
  d. "Public  employee"  means  any employee of the state, any political
subdivision of the state,  a  public  authority,  A  BI-STATE  AUTHORITY
UTILIZING  ITS  OWN POLICE OFFICERS OR FIREFIGHTERS or any other govern-
mental agency or instrumentality.
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15353-01-2

S7001A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9963A
Law Section:
Labor Law
Laws Affected:
Amd §27-a, Lab L

S7001A (ACTIVE) - Bill Texts

view summary

Provides that police officers and firefighters employed by bi-state authorities are covered under health and safety standards for public employees.

view sponsor memo
BILL NUMBER:S7001A REVISED 05/31/12

TITLE OF BILL:
An act
to amend the labor law, in relation to providing that police officers
and firefighters employed by bi-state authorities are covered under
health and safety standards for public employees

PURPOSE OF THE BILL:
To ensure that police and firefighters employed by Bi-State
authorities and agencies are covered under health and safety
standards for public employees.

SUMMARY OF THE PROVISIONS:
Section one of the bill adds "bi-state authority utilizing its own
police and/or fire fighters", to the definition of "Employer" under
§27-a, subsection a, of Labor Law. Also adds "bi-state authority
utilizing its own police and/or firefighters", to the definition of
"Employee" under §27-a, subsection d, of Labor Law.

Section two is the effective date.

EXISTING LAW:
Labor Law § 27-a, subsection a, currently contains the list of all
entities defined as an "Employer" for purposes of safety and health
standards for public employees under Article 2 of the Labor Law.

Labor Law § 27-a, subsection d, currently contains the list of all
entities defined as "Public Employee" for purposes of safety and
health standards for public employees under Article 2 of the Labor Law.

LEGISLATIVE HISTORY:
This is a new bill.

JUSTIFICATION:
In the past decade, police and firefighters of Bi-State Authority's
whose jurisdiction encompasses the State of New York, have been
denied the protections of current health and safety standards
afforded to every other police and firefighter within the state. The
New York Plan for Public Employee Safety and Health (PESH)
initially approved on
June 1, 1984 and certified on August 16, 2006, has been interpreted as
excluding said police and firefighters since they fall outside the
definition of "Employer" and "Public Employee" under the labor law.
Since 9/11/01, first responders have been afforded the use of PESH to
ensure proper training and up to date equipment so that public safety
remains at the forefront as a matter of public policy.

On September 9,2009 the Occupational Safety and Health Administration
(OSHA) of the United States Department of labor issued an instruction
under 29 CFR Part 1910, subpart I, entitled: Enforcement Guidance for
Personal Protective Equipment in General Industry. This issuance
provided enforcement guidance to federal (OSHA) and approved state
plan (PESH) offices concerning policies and procedures for
implementing inspection programs to reduce injuries, illnesses and
fatalities, and eliminate workplace hazards in general industry


employment through the use of Personal Protective Equipment (PPE).
Provisions were added to 29 CFR 1910.132 requiring employers to
select appropriate PPE based on the hazards present or likely to be
present in the workplace; to prohibit the use of defective or damaged
PPE; and to require that employees be trained so that each effected
employee can properly use the assigned PPE. The aforementioned
provisions as well as other guidelines issued by OSHA and PESH to
ensure employee safety has improved workplace safety for all public
employees covered under the law. Unfortunately, current labor law
definitions of "Employer" and "Public Employee," have been
interpreted to exclude police and firefighters working under
the auspices of bi-state authorities.

It is important to note that Personal Protective Equipment including
ballistic vests for police and fire protective gear commonly referred
to as "proximity gear" for fire fighters must be inspected and
replaced within specific time tables. Currently, there is no
oversight to ensure the PPE for first responders of bi-state
authorities is updated and maintained according to industry
standards. This creates a double standard against police and
firefighters working for bi-state authorities in New York State but
currently outside the jurisdiction of PESH. As a matter of State
public policy, all police and firefighters working within the
jurisdiction of the State of New York should be afforded the same
PESH oversight of safety and health standards for public employees as
set forth in New York State labor law.

BUDGET IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect upon the enactment into law by the state of
New Jersey of legislation having an identical effect with this act,
but if the state of New Jersey shall have already enacted such
legislation, this act shall take effect immediately; provided that
the state of New Jersey shall notify the legislative bill drafting
commission upon the occurrence of the enactment of the legislation
provided for in section one of this. act in order that the commission
may maintain an accurate and timely effective data base of the
official text of the laws of the state of New York in furtherance of
effectuating the provisions of section 44 of the legislative law and
section 70-b of the public officers law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7001--A

                            I N  S E N A T E

                             April 20, 2012
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Labor  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  labor law, in relation to providing that police
  officers and firefighters employed by bi-state authorities are covered
  under health and safety standards for public employees

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

  Section  1. Paragraphs a and d of subdivision 1 of section 27-a of the
labor law, as added by chapter 729 of the laws of 1980, are  amended  to
read as follows:
  a. "Employer" means the state, any political subdivision of the state,
a  public authority, A BI-STATE AUTHORITY UTILIZING ITS OWN POLICE OFFI-
CERS OR FIREFIGHTERS or any other governmental agency or instrumentality
thereof.
  d. "Public employee" means any employee of the  state,  any  political
subdivision  of  the  state,  a  public  authority, A BI-STATE AUTHORITY
UTILIZING ITS OWN POLICE OFFICERS OR FIREFIGHTERS or any  other  govern-
mental agency or instrumentality.
  S  2.  This  act  shall take effect upon the enactment into law by the
state of New Jersey of legislation having an identical effect with  this
act,  but  if  the  state  of New Jersey shall have already enacted such
legislation, this act shall take effect immediately; provided  that  the
state  of  New Jersey shall notify the legislative bill drafting commis-
sion upon the occurrence of the enactment of  the  legislation  provided
for in section one of this act in order that the commission may maintain
an  accurate  and timely effective data base of the official text of the
laws of the state  of  New  York  in  furtherance  of  effectuating  the
provisions  of section 44 of the legislative law and section 70-b of the
public officers law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15353-03-2

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