S T A T E O F N E W Y O R K
________________________________________________________________________
873
2013-2014 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2013
___________
Introduced by Sens. GRISANTI, MARCELLINO -- read twice and ordered
printed, and when printed to be committed to the Committee on Environ-
mental Conservation
AN ACT to amend the environmental conservation law, in relation to the
safe handling by workers of pressure-treated wood
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article 27 of the environmental conservation law is amended
by adding a new title 29 to read as follows:
TITLE 29
WORKERS SAFE HANDLING OF TREATED WOOD ENFORCEMENT
SECTION 27-2901. MANDATORY COMPLIANCE WITH EXISTING SAFE HANDLING AND
PERSONAL PROTECTIVE MEASURES.
S 27-2901. MANDATORY COMPLIANCE WITH EXISTING SAFE HANDLING AND PERSONAL
PROTECTIVE MEASURES.
1. ANY PERSON WHO EMPLOYS A WORKER WHO COMES INTO OCCUPATIONAL CONTACT
WITH PRESSURE-TREATED WOOD MARINE PILING SHALL REQUIRE THAT ALL SUCH
WORKERS ON THE WORKSITE COMPLY WITH ALL APPLICABLE PRECAUTIONARY MEAS-
URES, PERSONAL PROTECTIVE EQUIPMENT AND CLOTHING REQUIREMENTS, AND SAFE
HANDLING AND USE PROCEDURES, SET FORTH ON THE: (I) SUPPLIER MATERIAL
SAFETY DATA SHEET (MSDS) ACCOMPANYING PRESSURE-TREATED MARINE PILING, OR
AS MAY BE REQUIRED BY ANY OTHER APPLICABLE FEDERAL OR STATE OCCUPATIONAL
SAFETY AND HEALTH REGULATION; AND (II) CONSUMER INFORMATION SHEET
APPROVED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR SAFE
AND PROPER HANDLING AND USE OF PRESSURE-TREATED WOOD PRODUCTS. THE
EMPLOYER SHALL POST A SIGN IN CONSPICUOUS VIEW AT OR NEAR THE WORKSITE
WHICH STATES THE SAFETY AND HEALTH PROTECTION PROCEDURES REQUIRED TO BE
FOLLOWED PURSUANT TO THIS SUBDIVISION.
2. ANY WORKER WHO COMES INTO OCCUPATIONAL CONTACT WITH PRESSURE-TREAT-
ED MARINE PILING SHALL COMPLY WITH ALL APPLICABLE PRECAUTIONARY MEAS-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04105-01-3
S. 873 2
URES, PERSONAL PROTECTIVE EQUIPMENT AND CLOTHING REQUIREMENTS AND SAFE
HANDLING AND USE PROCEDURES PROVIDED PURSUANT TO SUBDIVISION ONE OF THIS
SECTION.
S 2. Article 71 of the environmental conservation law is amended by
adding a new title 28 to read as follows:
TITLE 28
ENFORCEMENT OF TITLE 29 OF ARTICLE 27
SECTION 71-2801. APPLICABILITY OF THIS TITLE.
71-2803. ENFORCEMENT OF TITLE 29 OF ARTICLE 27.
S 71-2801. APPLICABILITY OF THIS TITLE.
IN ADDITION TO THE PROVISIONS OF SECTIONS 71-0101 AND 71-0301 OF THIS
ARTICLE, THE PROVISIONS OF THIS TITLE SHALL APPLY TO THE ENFORCEMENT OF
TITLE 29 OF ARTICLE 27 OF THIS CHAPTER.
S 71-2803. ENFORCEMENT OF TITLE 29 OF ARTICLE 27.
FOR ANY FIRST VIOLATION BY ANY PERSON WHO VIOLATES ANY OF THE
PROVISIONS OF, OR WHO FAILS TO PERFORM ANY DUTY IMPOSED BY TITLE 29 OF
ARTICLE 27 OR ANY REGULATION PROMULGATED BY THE COMMISSIONER PURSUANT TO
SUCH TITLE 29, IN LIEU OF A PENALTY, THERE SHALL BE ISSUED A WRITTEN
WARNING BY THE DEPARTMENT AND THERE SHALL ALSO BE ISSUED EDUCATIONAL
MATERIALS AT THE DISCRETION OF THE DEPARTMENT REGARDING THE REQUIREMENTS
OF SUCH TITLE 29. SUCH PERSON SHALL, HOWEVER, FOR ANY SUBSEQUENT
VIOLATION THEREAFTER, BE LIABLE TO A CIVIL PENALTY OF NOT MORE THAN
TWENTY-FIVE HUNDRED DOLLARS FOR EACH SUCH VIOLATION AND AN ADDITIONAL
PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH DAY DURING WHICH
SUCH VIOLATION CONTINUES AND, IN ADDITION THERETO, SUCH PERSON MAY BE
ENJOINED FROM CONTINUING SUCH VIOLATION. PENALTIES AND INJUNCTIVE RELIEF
PROVIDED PURSUANT TO THIS TITLE SHALL BE RECOVERABLE IN AN ACTION
BROUGHT BY THE ATTORNEY GENERAL AT THE REQUEST OF THE COMMISSIONER.
S 3. This act shall take effect immediately.