S T A T E O F N E W Y O R K
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1821
2011-2012 Regular Sessions
I N A S S E M B L Y
January 12, 2011
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Introduced by M. of A. JEFFRIES -- read once and referred to the Commit-
tee on Labor
AN ACT to amend the labor law, in relation to providing that contracts
for commercial or industrial projects or multiple dwelling projects
shall contain a provision that laborers, workers, and mechanics shall
be certified as having completed a safety course
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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, HEREIN-
AFTER REFERRED TO AS CONSTRUCTION WORKERS, 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,
HEREINAFTER REFERRED TO AS THE SAFETY COURSE, that is at least OF ten
hours in duration.
2. (A) ANY CONSTRUCTION WORKER WHO PERFORMS WORK ON THE NEW
CONSTRUCTION OF ANY BUILDING, WHERE THE TOTAL COST OF SUCH WORK
PERFORMED UNDER THE CONTRACT IS AT LEAST FIVE HUNDRED THOUSAND DOLLARS,
SHALL BE CERTIFIED PRIOR TO PERFORMING ANY WORK ON THE PROJECT AS HAVING
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04680-01-1
A. 1821 2
SUCCESSFULLY COMPLETED A SAFETY COURSE THAT IS AT LEAST OF TEN HOURS IN
DURATION.
(B) ANY CONSTRUCTION WORKER WHO PERFORMS WORK ON THE RECONSTRUCTION,
MAINTENANCE, AND/OR REPAIR OF ANY BUILDING, WHERE THE TOTAL VALUE OF THE
WORK TO BE PERFORMED UNDER THE CONTRACT IS AT LEAST TWO HUNDRED FIFTY
THOUSAND DOLLARS SHALL BE CERTIFIED WITHIN NINETY DAYS OF COMMENCEMENT
OF EMPLOYMENT, OR WITHIN FORTY-FIVE DAYS OF THE COMMENCEMENT OF WORK ON
THE PROJECT, WHICHEVER IS SOONER, AS HAVING SUCCESSFULLY COMPLETED A
SAFETY COURSE THAT IS AT LEAST OF TEN HOURS IN DURATION.
3. IF THE COMMISSIONER FINDS, AFTER AN INVESTIGATION, THAT A CONTRAC-
TOR OR SUB-CONTRACTOR HAS VIOLATED THIS SECTION, THE COMMISSIONER MAY,
BY AN ORDER WHICH SHALL DESCRIBE PARTICULARLY THE NATURE OF THE
VIOLATION, ASSESS THE CONTRACTOR OR SUB-CONTRACTOR A CIVIL PENALTY OF NO
MORE THAN ONE THOUSAND DOLLARS FOR THE FIRST OFFENSE, AND NO MORE THAN
TWO THOUSAND DOLLARS FOR THE SECOND OFFENSE IF SUCH SECOND OFFENSE
OCCURS WITHIN ONE YEAR OF THE IMPOSITION OF THE FINE OF THE FIRST
OFFENSE.
S 2. The department of labor may promulgate rules and regulations
necessary for the implementation and enforcement of the provisions of
section one of this act prior to the effective date of this chapter.
S 3. This act shall take effect one year after it shall have become a
law.