S T A T E O F N E W Y O R K
________________________________________________________________________
1556
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
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Introduced by M. of A. KOLB, REILICH, GIGLIO, CORWIN -- Multi-Sponsored
by -- M. of A. BARCLAY, CROUCH, DUPREY, GOODELL, HAWLEY, JORDAN,
P. LOPEZ, TENNEY, THIELE, WALTER -- read once and referred to the
Committee on Labor
AN ACT to amend the labor law, in relation to enacting the "scaffold
reform act"
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 "scaffold
reform act".
S 2. The labor law is amended by adding a new section 241-c to read as
follows:
S 241-C. COUNTIES GRANTED LOCAL OPTION. 1. COUNTIES SHALL BE GRANTED
A LOCAL OPTION TO REQUIRE CONTRACTORS WORKING ON PROJECTS WITHIN THEIR
RESPECTIVE JURISDICTIONS TO COMPLY WITH THE REGULATIONS AND STANDARDS
SET FORTH BY THE UNITED STATES DEPARTMENT OF LABOR OCCUPATIONAL SAFETY
AND HEALTH ADMINISTRATION AND APPLICABLE STATE REGULATIONS, INSTEAD OF
THE REQUIREMENTS OF SECTIONS TWO HUNDRED FORTY, TWO HUNDRED FORTY-ONE
AND TWO HUNDRED FORTY-ONE-A OF THIS ARTICLE.
2. CONTRACTORS AND EMPLOYEES IN SUCH COUNTIES THAT OPT NOT TO FOLLOW
SUCH PROVISIONS OF SECTIONS TWO HUNDRED FORTY, TWO HUNDRED FORTY-ONE AND
TWO HUNDRED FORTY-ONE-A OF THIS ARTICLE SHALL BE SUBJECT TO A CONTRIB-
UTORY NEGLIGENCE STANDARD THAT HOLD EMPLOYEES RESPONSIBLE FOR THEIR
CULPABLE CONDUCT. SUCH CONDUCT SHALL INCLUDE, BUT NOT BE LIMITED TO:
(A) ANY EMPLOYEE WHO FAILS TO FOLLOW SAFETY INSTRUCTIONS OR SAFE WORK
PRACTICES PROVIDED IN ACCORDANCE WITH APPROVED TRAINING COURSES, INCLUD-
ING, BUT NOT LIMITED TO, COURSES PROVIDED BY THE UNITED STATES DEPART-
MENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION OR BY THE
DEPARTMENT;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00894-01-3
A. 1556 2
(B) ANY EMPLOYEE WHO FAILS TO USE SAFETY DEVICES FURNISHED ON THE JOB
SITE; OR
(C) ANY EMPLOYEE WHO WAS INJURED WHILE IMPAIRED BY THE USE OF ALCOHOL
OR DRUGS OR WHILE COMMITTING A CRIME.
3. THE COMMISSIONER SHALL PROMULGATE ANY RULES AND REGULATIONS NECES-
SARY FOR THE IMPLEMENTATION OF THIS SECTION TO AUTHORIZE COUNTIES TO
EXERCISE THIS LOCAL OPTION. THE PROCESS FOR THE IMPLEMENTATION OF SUCH
RULES AND REGULATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO, CONSULTA-
TIONS WITH BUSINESSES AND LABOR, MANDATORY PUBLIC HEARINGS AND APPROVAL
BY THE COUNTY GOVERNING BODY.
S 3. This act shall take effect on the ninetieth day after it shall
have become a law.