Senate Bill S7743

2015-2016 Legislative Session

Prohibits state purchase of products manufactured under conditions that fail to comply with minimum OSHA standards

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Archive: Last Bill Status - In Senate Committee Finance 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
May 12, 2016	referred to finance

2015-S7743 (ACTIVE) - Details

See Assembly Version of this Bill:: A2987
Current Committee:: Senate Finance
Law Section:: State Finance Law
Laws Affected:: Amd §165, St Fin L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6518, A9583
2013-2014: S2385, A800
2017-2018: S1329, A5457
2019-2020: A3987

2015-S7743 (ACTIVE) - Summary

Prohibits state purchase of products manufactured under conditions that fail to comply with minimum OSHA standards; requires the commissioner of general services to compile a list of products manufactured under conditions that fail to comply with minimum safety standards and the manufacturers thereof.

2015-S7743 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7743

 TITLE OF BILL :

An act to amend the state finance law, in relation to products
manufactured under conditions that fail to comply with minimum OSHA
standards

 PURPOSE :

To ensure that the state does not condone, support or complement
manufacturing revenues at the expense of the health, safety and
well-being of workers engaged in product development.

 SUMMARY OF SPECIFIC PROVISIONS :

This bill seeks to ban the purchase, by the State of New York, of
products manufactured overseas by American concerns that are not
observing, minimally, Section 18(c) of the United States Occupational
Safety and Health Act of 1970, 1902.32(b) to render their
manufacturing operations under a plan that is "at least as effective
as" operations under the Federal program in providing safe and
healthful employment and pieces of employment.

The bill further proposes the establishment of a list by the New York
State Office of General Services classifying the products and

manufacturers that are not in compliance with regard to the minimal
Federal standards constituting safe and healthful environments by any
American manufacturing entity. Such a list, available on an Office of
General Services website, shall serve as a purchasing guide for New
York State departments, divisions, offices, authorities and public
benefit corporations purchasing equipment, devices, office accessories
and related goods.

 EFFECTS OF THE PRESENT JAW WHICH THIS BILL WOULD ALTER :

This bill would give the commissioner of general services the power to
develop a list of products, that in the absence of observing the
Occupational Safety and Health Act of 1970 standards, would not be
among those products eligible to be purchased by the State.
Furthermore, the commissioner would have the power to add or delete
from such a list, with good cause. Said list would be published on the
office of general services website.

 JUSTIFICATION :

A number of incidents have proliferated in the headlines during the
last year regarding injuries and fatalities resulting from physical
conditions in the work environment of foreign enterprises
manufacturing American products. Most recently in December, 2011 when
an explosion at a Shanghai supplier to Apple resulted in the injury of
61 workers when aluminum dust produced by polishing IPad cases
ignited. Compliance with OSHA standards could result in a higher cost
of production on foreign soil reverting manufacturing to the U.S.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATION :

To be determined with regard to cost of establishing the data bank.

 EFFECTIVE DATE :
This act shall take effect on the 90th day after it shall become a
law.

2015-S7743 (ACTIVE) - Bill Text download pdf

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

                                  7743

                            I N  S E N A T E

                              May 12, 2016
                               ___________

Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the state finance law, in relation to products  manufac-
  tured under conditions that fail to comply with minimum OSHA standards

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

  Section 1. Section 165 of the state finance law is amended by adding a
new subdivision 9 to read as follows:
  9. PRODUCTS MANUFACTURED IN COMPLIANCE WITH MINIMUM OCCUPATIONAL SAFE-
TY AND HEALTH ACT (OSHA) STANDARDS.
  A. AS USED IN THIS SUBDIVISION, "MINIMUM OSHA  STANDARDS"  SHALL  MEAN
THOSE  STANDARDS  ISSUED  PURSUANT TO THE OCCUPATIONAL SAFETY AND HEALTH
ACT OF 1970, AS AMENDED.
  B. THE COMMISSIONER OF GENERAL SERVICES SHALL HAVE THE  POWER  AND  IT
SHALL  BE  HIS  OR  HER  DUTY TO PREPARE A LIST OF ALL PRODUCTS THAT ARE
MANUFACTURED UNDER  CONDITIONS  THAT  FAIL  TO  OBSERVE:  (I)  STANDARDS
PROMULGATED UNDER OSHA; OR (II) STANDARDS THAT ARE AT LEAST AS EFFECTIVE
AS THE STANDARDS PROMULGATED UNDER OSHA, WHICH RELATE TO THE SAME ISSUES
THEREUNDER,  WHERE  SUCH A MANUFACTURING OPERATION OCCURS IN A JURISDIC-
TION NOT OTHERWISE REQUIRED TO COMPLY WITH SUCH STANDARDS, INCLUDING ANY
OPERATION WHICH TAKES PLACE IN ANY OTHER COUNTRY,  NATION  OR  PROVINCE.
THE  COMMISSIONER  OF GENERAL SERVICES SHALL PREPARE A COMPANION LIST OF
THE MANUFACTURERS OF SUCH PRODUCTS. THE COMMISSIONER OF GENERAL SERVICES
SHALL ADD OR DELETE FROM SAID LISTS ANY  PRODUCT  OR  MANUFACTURER  UPON
GOOD  CAUSE SHOWN. THE COMMISSIONER OF GENERAL SERVICES SHALL CAUSE SUCH
LISTS TO BE PUBLISHED ON THE WEBSITE OF THE OFFICE OF GENERAL SERVICES.
  C. A STATE AGENCY SHALL NOT ENTER INTO ANY CONTRACT FOR PROCUREMENT OF
A (I) PRODUCT CONTAINED ON THE LIST  PREPARED  BY  THE  COMMISSIONER  OF
GENERAL  SERVICES  PURSUANT  TO PARAGRAPH B OF THIS SUBDIVISION; OR (II)
PRODUCT MANUFACTURER BY A MANUFACTURER CONTAINED ON THE LIST PREPARED BY
THE COMMISSIONER OF GENERAL SERVICES PURSUANT TO  PARAGRAPH  B  OF  THIS
SUBDIVISION.  THE PROVISIONS OF THIS PARAGRAPH MAY BE WAIVED BY THE HEAD
OF THE STATE AGENCY IF THE HEAD OF THE STATE AGENCY DETERMINES IN  WRIT-
ING  THAT IT IS IN THE BEST INTERESTS OF THE STATE TO DO SO. THE HEAD OF

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

                                                           LBD07454-01-5

S. 7743                             2

THE STATE AGENCY SHALL DELIVER EACH SUCH WAIVER TO THE  COMMISSIONER  OF
GENERAL SERVICES.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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Senate Bill S7743

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Archive: Last Bill Status - In Senate Committee Finance Committee

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2015-S7743 (ACTIVE) - Details

2015-S7743 (ACTIVE) - Summary

2015-S7743 (ACTIVE) - Sponsor Memo

2015-S7743 (ACTIVE) - Bill Text download pdf

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Sponsored By

Leroy Comrie

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

2015-S7743 (ACTIVE) - Details

2015-S7743 (ACTIVE) - Summary

2015-S7743 (ACTIVE) - Sponsor Memo

2015-S7743 (ACTIVE) - Bill Text download pdf

Comments