Senate Bill S164A

2015-2016 Legislative Session

Requires that all persons working on contracts valued at $250,000 or more receive at least ten hours of OSHA training prior to their performance of work

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Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 20, 2016	print number 164a
Jan 20, 2016	amend and recommit to labor
Jan 06, 2016	referred to labor
Jan 07, 2015	referred to labor

Bill Amendments

Original

A (Active)

co-Sponsors

2015-S164 - Details

Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add §202-n, Lab L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3102
2011-2012: S293
2013-2014: S479
2017-2018: S4902

2015-S164 - Summary

Requires that all persons working on contracts valued at $250,000 or more receive at least ten hours of OSHA training prior to their performance of work.

2015-S164 - Sponsor Memo

                                 BILL NUMBER:  S164

 TITLE OF BILL :  An act to amend the labor law, in relation to safety
training for certain employees

 PURPOSE OR GENERAL IDEA OF BILL :

Requires that all persons working on contracts valued at $250,000 or
more receive at least ten hours of OSHA (Occupational Safety and
Health Administration) training prior to their performance of work.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 Amends the Labor Law by adding a new section 202-m. Requires
all persons working on contracts valued at $250,000 or more to receive
at least ten hours of OSHA (Occupational Safety and Health
Administration) training prior to their performance of work. Provides
that the contractor, sub contractor, or others, doing part or whole
work, shall be responsible for submitting certification to the
Department of Labor prior to the commencement of any work. Provides
that the contractor shall be liable for a fine in the amount of $5,000
for a first offense payable to the Department of Labor if an
individual on a contract does not have his or her certification.
Provides that the fine for each subsequent offense shall be double the
amount of the fine assessed against the contractor for the immediately
prior offense.

Section 2. Effective Date

 EXISTING LAW :

None.

 JUSTIFICATION :

The death of Miguel Rodriguez, the 21st New York City construction
worker to succumb to one of the many accidents that occurred in 2008,
was due to the negligent and deceitful practices of a contractor.
Since then, eight construction-related deaths were recorded in 2012
and three in 2013. According to oshaonline.com (May 17, 2014): "All
three 2013 deaths were falls and "due to lack of adequate fall
protection at the job site." While the number of construction-related
deaths decreased, the number of accidents increased. New York State
must and should do more to protect construction workers. This bill
will ensure that all hard working men and women in New York are aware
of the safety measures that are required and needed to minimize
unnecessary accidental injuries or deaths.

 PRIOR LEGISLATIVE HISTORY :

2014: S.479 - Referred to Labor
2013: S.479 - Referred to Labor
2012: S.293 - Referred to Labor
2011: S.293 - Defeated in Labor
2010: S.3102 - Referred to Labor/A.3841 - Enacting Clause Stricken
2009: S.3102 - Referred to Labor/A.3841 - Referred to Labor

 FISCAL IMPLICATIONS : No fiscal implication.

 EFFECTIVE DATE :  This act shall take effect on the one hundred
eightieth day after it shall have become a law.

2015-S164 - Bill Text download pdf

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

                                   164

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  DIAZ  --  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  safety  training  for
  certain employees

  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 section  202-m  to
read as follows:
  S   202-M.   OCCUPATIONAL  SAFETY  AND  HEALTH  ADMINISTRATION  (OSHA)
CONSTRUCTION SAFETY  AND  HEALTH  COURSE.  1.  EVERY  CONTRACT  FOR  THE
CONSTRUCTION,  RECONSTRUCTION,  MAINTENANCE AND/OR REPAIR OF ANY PROJECT
WHERE THE TOTAL COST OF ALL WORK TO BE PERFORMED UNDER THE  CONTRACT  IS
TWO  HUNDRED  FIFTY  THOUSAND DOLLARS OR MORE, SHALL CONTAIN A PROVISION
REQUIRING THAT ALL LABORERS, WORKERS,  AND  MECHANICS  EMPLOYED  IN  THE
PERFORMANCE  OF THE CONTRACT ON THE 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 THAT
IS AT LEAST TEN HOURS IN DURATION. THE CONTRACTOR SHALL  BE  RESPONSIBLE
FOR  SUBMITTING A CERTIFICATION TO THE DEPARTMENT PRIOR TO THE COMMENCE-
MENT OF ANY WORK ON THE PROJECT.
  2. IF ANY PERSON PERFORMS ANY WORK ON A CONTRACT WITHOUT FIRST  HAVING
COMPLETED  HIS  OR HER TEN HOURS AS REQUIRED PURSUANT TO SUBDIVISION ONE
OF THIS SECTION, THEN THE CONTRACTOR SHALL BE LIABLE FOR A FINE, PAYABLE
TO THE DEPARTMENT, IN THE AMOUNT OF FIVE THOUSAND DOLLARS FOR ITS  FIRST
OFFENSE.  THE AMOUNT OF FINE FOR EACH SUBSEQUENT OFFENSE SHALL BE DOUBLE
THE AMOUNT OF THE FINE ASSESSED AGAINST THE  CONTRACTOR  FOR  THE  IMME-
DIATELY PRIOR OFFENSE.

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

                                                           LBD00903-01-5

S. 164                              2

  3.  IF MORE THAN ONE PERSON WORKING ON A CONTRACT DOES NOT HAVE HIS OR
HER CERTIFICATION, EACH PERSON WORKING WITHOUT  CERTIFICATION  SHALL  BE
CONSIDERED A DISTINCT AND SUBSEQUENT OFFENSE OF THE CONTRACTOR.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

co-Sponsors

2015-S164A (ACTIVE) - Details

Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add §202-n, Lab L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3102
2011-2012: S293
2013-2014: S479
2017-2018: S4902

2015-S164A (ACTIVE) - Summary

Requires that all persons working on contracts valued at $250,000 or more receive at least ten hours of OSHA training prior to their performance of work.

2015-S164A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S164A

 TITLE OF BILL :

An act to amend the labor law, in relation to safety training for
certain employees

 PURPOSE OR GENERAL IDEA OF BILL :

Requires that all persons working on contracts valued at $250,000 or
more receive at least ten hours of OSHA (Occupational Safety and
Health Administration) training prior to their performance of work.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 Amends the Labor Law by adding a new section 202-n. Requires
all persons working on contracts valued at $250,000 or more to receive
at least ten hours of OSHA (Occupational Safety and Health
Administration) training prior to their performance of work. Provides
that the contractor, sub contractor, or others, doing part or whole
work, shall be responsible for submitting certification to the
Department of Labor prior to the commencement of any work. Provides
that the contractor shall be liable for a fine in the amount of $5,000
for a first offense payable to the Department of Labor if an
individual on a contract does not have his or her certification.
Provides that the fine for each subsequent offense shall be double the

amount of the fine assessed against the contractor for the immediately
prior offense.

Section 2. Effective Date

 EXISTING LAW :

None.

 JUSTIFICATION :

The death of Miguel Rodriguez, the 21st New York City construction
worker to succumb to one of the many accidents that occurred in 2008,
was due to the negligent and deceitful practices of a contractor.
Since then, eight construction-related deaths were recorded in 2012
and three in 2013. According to oshaonline.com (May 17, 2014): "All
three 2013 deaths were falls and "due to lack of adequate fall
protection at the job site." While the number of construction-related
deaths decreased, the number of accidents increased. New York State
must and should do more to protect construction workers. This bill
will ensure that all hard working men and women in New York are aware
of the safety measures that are required and needed to minimize
unnecessary accidental injuries or deaths.

 PRIOR LEGISLATIVE HISTORY :

2014: S.479 - Referred to Labor
2013: S.479 - Referred to Labor
2012: S.293 - Referred to Labor
2011: S.293 - Defeated in Labor
2010: S.3102 - Referred to Labor/A.3841 - Enacting Clause Stricken
2009: S.3102 - Referred to Labor/A.3841 - Referred to Labor

 FISCAL IMPLICATIONS :

No fiscal implication.

 EFFECTIVE DATE :
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2015-S164A (ACTIVE) - Bill Text download pdf

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

                                 164--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by Sens. DIAZ, PERKINS -- read twice and ordered printed, and
  when  printed to be committed to the Committee on Labor -- recommitted
  to the Committee on Labor in accordance with Senate Rule 6, sec. 8  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the labor  law,  in  relation  to  safety  training  for
  certain employees

  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 section  202-n  to
read as follows:
  S   202-N.   OCCUPATIONAL  SAFETY  AND  HEALTH  ADMINISTRATION  (OSHA)
CONSTRUCTION SAFETY  AND  HEALTH  COURSE.  1.  EVERY  CONTRACT  FOR  THE
CONSTRUCTION,  RECONSTRUCTION,  MAINTENANCE AND/OR REPAIR OF ANY PROJECT
WHERE THE TOTAL COST OF ALL WORK TO BE PERFORMED UNDER THE  CONTRACT  IS
TWO  HUNDRED  FIFTY  THOUSAND DOLLARS OR MORE, SHALL CONTAIN A PROVISION
REQUIRING THAT ALL LABORERS, WORKERS,  AND  MECHANICS  EMPLOYED  IN  THE
PERFORMANCE  OF THE CONTRACT ON THE 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 THAT
IS AT LEAST TEN HOURS IN DURATION. THE CONTRACTOR SHALL  BE  RESPONSIBLE
FOR  SUBMITTING A CERTIFICATION TO THE DEPARTMENT PRIOR TO THE COMMENCE-
MENT OF ANY WORK ON THE PROJECT.
  2. IF ANY PERSON PERFORMS ANY WORK ON A CONTRACT WITHOUT FIRST  HAVING
COMPLETED  HIS  OR HER TEN HOURS AS REQUIRED PURSUANT TO SUBDIVISION ONE
OF THIS SECTION, THEN THE CONTRACTOR SHALL BE LIABLE FOR A FINE, PAYABLE
TO THE DEPARTMENT, IN THE AMOUNT OF FIVE THOUSAND DOLLARS FOR ITS  FIRST

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

                                                           LBD00903-02-6

S. 164--A                           2

OFFENSE.  THE AMOUNT OF FINE FOR EACH SUBSEQUENT OFFENSE SHALL BE DOUBLE
THE AMOUNT OF THE FINE ASSESSED AGAINST THE  CONTRACTOR  FOR  THE  IMME-
DIATELY PRIOR OFFENSE.
  3.  IF MORE THAN ONE PERSON WORKING ON A CONTRACT DOES NOT HAVE HIS OR
HER CERTIFICATION, EACH PERSON WORKING WITHOUT  CERTIFICATION  SHALL  BE
CONSIDERED A DISTINCT AND SUBSEQUENT OFFENSE OF THE CONTRACTOR.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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Senate Bill S164A

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

Actions

Bill Amendments

co-Sponsors

2015-S164 - Details

2015-S164 - Summary

2015-S164 - Sponsor Memo

2015-S164 - Bill Text download pdf

co-Sponsors

2015-S164A (ACTIVE) - Details

2015-S164A (ACTIVE) - Summary

2015-S164A (ACTIVE) - Sponsor Memo

2015-S164A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Ruben Diaz

Archive: Last Bill Status - In Senate Committee Labor Committee

Actions

Bill Amendments

co-Sponsors

Bill Perkins

2015-S164 - Details

2015-S164 - Summary

2015-S164 - Sponsor Memo

2015-S164 - Bill Text download pdf

co-Sponsors

Bill Perkins

2015-S164A (ACTIVE) - Details

2015-S164A (ACTIVE) - Summary

2015-S164A (ACTIVE) - Sponsor Memo

2015-S164A (ACTIVE) - Bill Text download pdf

Comments