senate Bill S3466

2013-2014 Legislative Session

Enacts CJ's Law--oil and gas drilling workplace safety act

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to labor
Apr 22, 2013 reported and committed to energy and telecommunications
Feb 04, 2013 referred to labor

Votes

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Apr 22, 2013 - Labor committee Vote

S3466
11
2
committee
11
Aye
2
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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Labor Committee Vote: Apr 22, 2013

aye wr (2)
excused (1)

Co-Sponsors

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S3466 - Bill Details

See Assembly Version of this Bill:
A6220
Current Committee:
Law Section:
Labor Law
Laws Affected:
Add Art 32 §§925 - 929, Lab L

S3466 - Bill Texts

view summary

Enacts CJ's Law--oil and gas drilling workplace safety act; requires the enactment of rules and regulations for enhanced work place safety and employee training for all oil and gas drilling operations in the state; provides that new permit holders should utilize union laborers or laborers with specific training; provides that employers shall report workplace accidents and the commissioner of the department of labor must publish a quarterly report on workplace accidents.

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BILL NUMBER:S3466

TITLE OF BILL: An act to amend the labor law, in relation to enacting
CJ's Law--oil and gas drilling workplace safety act

SUMMARY OF PROVISIONS;

Section one of the bill amends the labor law by adding a new article 32
creating "CJ's Law - oil and gas drilling workplace safety act".

§ 926 sets forth the rules and regulations that require the following:

§ 926.1 requires the department of labor in conjunction with the depart-
ment of environmental conservation to issue rules and regulations to
provide for enhanced workplace safety requirements and employee training
requirements for all oil and gas drilling operations in the state,
including requirements relating to exposure to chemicals, work hours for
drilling site employees and employees involved in on and off-site trans-
portation, safety of machinery, proper care and treatment of clothing
worn on drilling sites, use of proper respiratory masks, proper light-
ing, safe living conditions, site safety, and necessary duration of
training.

§ 926.2 requires that the rules and regulations be conspicuously posted
in visible and prominent locations at each drilling site

§ 927 addresses applicability of the workers' compensation law and
states that all employees engaged in oil and gas drilling operations in
the state shall be considered to be engaged in hazardous employment for
which compensation shall be payable for injuries or death incurred by
such employees in the course of their employment. The section also
subjects employers to applicable penalties for failure to comply with
the workers' compensation law.

§ 928 sets forth special requirements that require all applicants for
new oil and gas drilling permits (including any subcontractors or other
independent contractors) to utilize union laborers and/or laborers who
have been trained or are undergoing training, appropriate for the type
of and scope of work to be performed, where such training is through a
valid department of labor apprenticeship program or an educational
institution or school chartered, licensed or registered by the depart-
ment of education, or a provider approved by the department of educa-
tion.

§ 929 addresses reports of injuries and requires the drilling permit
holder to report any workplace accident occurring at the drilling
location by the close of business of the commissioner's next business
day. If the permit holder fails to report the commissioner may assess a
civil penalty of not more than $1,000 for first violation, not more than
$2,000 for a second violation and not more than $3,000 for a third
violation or subsequent violation. The commissioner is also required to

publish a quarterly report on all workplace accidents occurring at oil
or gas drilling locations that will be available for public review in
writing and on the department's website.

Section 2 provides for this act to take effect on the one hundred and
twentieth day after it shall have become law; provided that effective
immediately, the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of this act on its effective
date is authorized and directed to be made and completed on or before
such effective date; and provided further that no new permits or renewal
permits for oil and gas drilling shall be issued until the rules and
regulations referred to in section one of this act take effect.

JUSTIFICATION: This legislation is named in honor of CJ Bevins. CJ was
a 23 year old young man from West Virginia who senselessly and trag-
ically lost his life as a result of unsafe work site conditions and poor
training of drill site workers at a vertical hydrofracking gas well site
in Smyrna, New York on May 1, 2011. He suffered severe crush injuries as
he and other workers were setting up a new drill site location. CJ
remained conscious after the accident and EMS attempted to arrange a
flight rescue to the nearest trauma center. A flight was not obtained
and after an hour long ride to a Syracuse hospital, CJ died as a result
of his injuries during surgery.

Drilling for oil and natural gas is an inherently dangerous practice.
Drill workers are placed in situations where accidents can easily result
in severe injury and death. Despite constant exposure to severely toxic
chemicals, dangerous heavy machinery, and excessive work hours for
on-site drill workers and transportation employees, there are little to
no regulations that protect these workers.

In April 2008, the Centers for Disease Control (CDC) issued a report
entitled "Fatalities Among Oil and Gas Extraction Workers - United
States, 2003-2006" which revealed that "increases in oil and gas
extraction activity were correlated with an increase in the rate of
fatal occupational injuries ... with an annual fatality rate of 30.5 per
100,000 workers during 2003-2006, approximately seven times the rate for
all workers (4.0 per 100,000 workers)". Furthermore, the CDC report
state that "nearly half of all fatal injuries among these workers were
attributed to highway motor-vehicle crashes and workers being struck by
machinery or equipment".

In addition to the 2008 CDC report, recent news articles attest the
extreme risks associated with this industry including not only drilling
site accidents but transportation related accidents involving trucks
transporting water and or hydrofracking waste water to and from drill
sites. The New York Times reported in May 2012 (Ian Urbina, May 14,
2012) that following their review of 50,000 inspection reports it was
revealed that "as the number of drilling rigs rose by more than 22
percent in 2011 from the prior year, the number of inspections at such
work sites fell by 12 percent." The article also highlighted the 2008
CDC report in stating that "with the growth of the industry ... the

fatality rate was increasing, meaning the relative risk was increasing"
and "shifts grew longer, more inexperienced workers were hired and older
rigs were being pressed into service."

Presently there are no specific work place safety rules that govern the
many oil and gas drilling operations in New York State. This is simply
unacceptable and this bill is necessary to protect those workers being
put at risk.

LEGISLATIVE HISTORY; None.

FISCAL IMPLICATIONS: Yet to be determined.

EFFECTIVE DATE: This act shall take effect on the one hundred and twen-
tieth day after it shall have become law; provided that effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date is
authorized and directed to be made and completed on or before such
effective date; and provided further that no new permits or renewal
permits for oil and gas drilling shall be issued until the rules and
regulations referred to in section one of this act take effect.

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

                                  3466

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 4, 2013
                               ___________

Introduced  by  Sen.  AVELLA -- 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 enacting CJ's Law--oil and
  gas drilling workplace safety act

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

  Section 1. The labor law is amended by adding a new article 32 to read
as follows:
                               ARTICLE 32
                  OIL AND GAS DRILLING WORKPLACE SAFETY
SECTION 925. SHORT TITLE.
        926. RULES AND REGULATIONS.
        927. APPLICABILITY OF THE WORKERS' COMPENSATION LAW.
        928. SPECIAL REQUIREMENTS.
        929. REPORTS OF INJURIES.
  S  925.  SHORT  TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
"CJ'S LAW--OIL AND GAS DRILLING WORKPLACE SAFETY ACT".
  S 926. RULES AND REGULATIONS. 1. THE DEPARTMENT, IN  CONJUNCTION  WITH
THE  DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION,  SHALL ISSUE RULES AND
REGULATIONS TO PROVIDE FOR ENHANCED WORKPLACE  SAFETY  REQUIREMENTS  AND
EMPLOYEE  TRAINING  REQUIREMENTS FOR ALL OIL AND GAS DRILLING OPERATIONS
IN THE STATE. SUCH RULES AND REGULATIONS SHALL INCLUDE, BUT SHALL NOT BE
LIMITED TO, REQUIREMENTS RELATING TO EXPOSURE TO CHEMICALS,  WORK  HOURS
FOR  BOTH  DRILLING SITE EMPLOYEES AND EMPLOYEES INVOLVED IN TRANSPORTA-
TION, INCLUDING TRUCK DRIVERS WORKING ON AND OFF  THE  DRILL  RIG  SITE,
SAFETY  OF  MACHINERY,  PROPER  CARE  AND  TREATMENT OF CLOTHING WORN ON
DRILLING SITES, USE  OF  PROPER  MASKS  TO  PROTECT  WORKER  RESPIRATORY
HEALTH, USE OF PROPER LIGHTING, SAFETY OF LIVING CONDITIONS FOR WORKERS,
SAFETY  OF  SITE LOCATION, INCLUDING STABILITY OF GROUND SURFACES NECES-
SARY TO SUPPORT ALL EQUIPMENT USED AT DRILLING SITES, AND REQUIRED DURA-
TION OF TRAINING.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08063-01-3

S. 3466                             2

  2. THE RULES AND REGULATIONS ISSUED PURSUANT  TO  SUBDIVISION  ONE  OF
THIS SECTION SHALL BE PRINTED IN ENGLISH IN AT LEAST FOURTEEN POINT TYPE
AND CONSPICUOUSLY POSTED IN A VISIBLE AND PROMINENT LOCATION AT EACH OIL
AND GAS DRILLING SITE LOCATION.
  S  927.  APPLICABILITY  OF  THE WORKERS' COMPENSATION LAW. PURSUANT TO
SECTION THREE OF THE WORKERS' COMPENSATION LAW, ALL EMPLOYEES ENGAGED IN
OIL AND GAS DRILLING OPERATIONS IN  THE  STATE  OF  NEW  YORK  SHALL  BE
CONSIDERED TO BE ENGAGED IN HAZARDOUS EMPLOYMENT, FOR WHICH COMPENSATION
SHALL BE PAYABLE FOR INJURIES OR DEATH INCURRED BY SUCH EMPLOYEES IN THE
COURSE  OF  SUCH HAZARDOUS EMPLOYMENT. IN THE EVENT ANY COVERED EMPLOYER
CONDUCTING OIL AND GAS DRILLING OPERATIONS IN THIS STATE FAILS  TO  MAKE
PROVISION  OF  PAYMENT OF DISABILITY BENEFITS AS REQUIRED BY SECTION TWO
HUNDRED ELEVEN OF THE WORKERS' COMPENSATION LAW, SUCH EMPLOYER SHALL  BE
SUBJECT  TO THE PENALTIES SET FORTH IN SECTION TWO HUNDRED TWENTY OF THE
WORKERS' COMPENSATION LAW.
  S 928. SPECIAL REQUIREMENTS. ALL APPLICANTS FOR A NEW DRILLING  PERMIT
FOR  AN  OIL  AND  GAS  DRILLING OPERATION SHALL UTILIZE UNION LABORERS;
AND/OR LABORERS WHO HAVE BEEN TRAINED OR ARE UNDERGOING TRAINING, APPRO-
PRIATE FOR THE TYPE OF AND SCOPE OF WORK TO  BE  PERFORMED,  WHERE  SUCH
TRAINING  IS  THROUGH A VALID DEPARTMENT APPRENTICESHIP PROGRAM PURSUANT
TO ARTICLE TWENTY-THREE OF THIS CHAPTER, OR AN  EDUCATIONAL  INSTITUTION
OR  SCHOOL CHARTERED, LICENSED OR REGISTERED BY THE DEPARTMENT OF EDUCA-
TION, OR A PROVIDER APPROVED BY THE DEPARTMENT OF EDUCATION.   FOLLOWING
COMPLETION  OF  TRAINING  REQUIRED  BY  THIS  SECTION,  A CERTIFICATE OF
COMPLETION SHALL BE ISSUED BY SUCH  DEPARTMENT  APPRENTICESHIP  PROGRAM,
EDUCATIONAL  INSTITUTION, SCHOOL OR PROVIDER, AND SHALL BE CONSPICUOUSLY
POSTED AT EACH SITE LOCATION WHERE THE  HOLDER  OF  THE  CERTIFICATE  IS
EMPLOYED  AND  SHALL  BE MADE AVAILABLE TO THE PUBLIC UPON REQUEST.  ANY
SUBCONTRACTORS OR OTHER INDEPENDENT CONTRACTORS AT SUCH PERMITTED  SITES
SHALL  ALSO  AGREE TO THE EMPLOYMENT OF OR CONTRACTUAL RELATION WITH THE
SAME TYPE OF LABORERS. NOTWITHSTANDING THE FOREGOING,  NOTHING  IN  THIS
SECTION  SHALL BE CONSTRUED TO MANDATE AN EMPLOYER OR CONTRACTOR THAT IS
SUBJECT TO THE PROVISIONS OF THIS SECTION TO EXCLUSIVELY REQUIRE THE USE
OF UNION LABOR AT A CONSTRUCTION SITE OR  TO  BE  IN  VIOLATION  OF  ANY
FEDERAL PROHIBITION REGARDING THE SAME.
  S 929. REPORTS OF INJURIES. 1. A DRILLING PERMIT HOLDER MUST REPORT TO
THE  COMMISSIONER  ANY  WORKPLACE  ACCIDENT  OCCURRING AT THE OIL OR GAS
DRILLING LOCATION BY THE CLOSE OF BUSINESS OF  THE  COMMISSIONER'S  NEXT
BUSINESS DAY.  IN THE EVENT A DRILLING PERMIT HOLDER FAILS TO REPORT ANY
WORKPLACE ACCIDENT PURSUANT TO THIS SUBDIVISION, THE COMMISSIONER MAY BY
ORDER  WHICH  PARTICULARLY DESCRIBES THE NATURE OF THE VIOLATION, ASSESS
THE PERMIT HOLDER A CIVIL PENALTY OF NOT MORE THAN ONE THOUSAND  DOLLARS
FOR  THE  FIRST SUCH VIOLATION, NOT MORE THAN TWO THOUSAND DOLLARS FOR A
SECOND VIOLATION AND NOT MORE THAN THREE THOUSAND DOLLARS FOR A THIRD OR
SUBSEQUENT VIOLATION. SUCH PENALTY SHALL BE PAID TO THE COMMISSIONER FOR
DEPOSIT IN THE TREASURY OF THE STATE. IN ASSESSING  THE  AMOUNT  OF  THE
PENALTY,  THE  COMMISSIONER  SHALL GIVE DUE CONSIDERATION TO THE SIZE OF
THE EMPLOYER'S BUSINESS, THE GOOD FAITH OF THE EMPLOYER, THE HISTORY  OF
PREVIOUS  VIOLATIONS  AND  THE  FAILURE  WITH  ANY  OTHER RECORD-KEEPING
REQUIREMENTS.
  2. THE COMMISSIONER MUST PUBLISH A QUARTERLY REPORT ON  ALL  WORKPLACE
ACCIDENTS  OCCURRING  AT  OIL OR GAS DRILLING LOCATIONS.  SUCH QUARTERLY
REPORTS SHALL BE AVAILABLE FOR PUBLIC REVIEW,  IN  WRITING  AND  VIA  AN
ONLINE FORMAT ON THE DEPARTMENT'S WEBSITE.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-

S. 3466                             3

ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its  effective  date  is
authorized  and  directed  to  be  made  and completed on or before such
effective  date;  and  provided  further  that no new permits or renewal
permits for oil and gas drilling shall be issued  until  the  rules  and
regulations referred to in section one of this act take effect.

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