S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6744
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 16, 2017
                                ___________
 
 Introduced by M. of A. BARNWELL -- read once and referred to the Commit-
   tee on Labor
 
 AN  ACT  to  amend  the labor law, in relation to mandatory training and
   qualifications of persons engaged in the construction  and  demolition
   of buildings in a city with a population of one million or more

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 23 of the labor law is  amended  by  adding  a  new
 section 819-a to read as follows:
   §  819-A. APPRENTICESHIP TRAINING AND QUALIFICATIONS.  1. THIS SECTION
 SHALL APPLY TO CITIES WITH A POPULATION OF ONE MILLION OR MORE.
   2. FOR PURPOSES OF THIS SECTION:
   (A) "APPRENTICE" SHALL MEAN A WORKER WHO IS EMPLOYED AND REGISTERED TO
 LEARN A SKILLED TRADE THROUGH A DEPARTMENT OR UNITED  STATES  DEPARTMENT
 OF LABOR REGISTERED APPRENTICESHIP PROGRAM;
   (B)  "APPRENTICESHIP  PROGRAM"  SHALL MEAN A PLAN CONTAINING ALL TERMS
 AND CONDITIONS FOR THE QUALIFICATION, RECRUITMENT, SELECTION, EMPLOYMENT
 AND TRAINING OF APPRENTICES, AND REGISTERED WITH THE DEPARTMENT  OR  THE
 UNITED STATES DEPARTMENT OF LABOR; AND
   (C) "BONA FIDE CONSTRUCTION SITE SAFETY TRAINING PROGRAM" SHALL MEAN A
 TRAINING  PROGRAM  AUTHORIZED  AND  APPROVED BY THE COMMISSIONER FOR THE
 TRADE OR CRAFT FOR WHICH A PERSON IS EMPLOYED THAT  PROVIDES  A  MINIMUM
 NUMBER  OF  REQUIRED  HOURS FOR COMPLETION IN SAFETY RELATED INSTRUCTION
 AND A MINIMUM NUMBER OF REQUIRED HOURS OF ON THE JOB TRAINING  COMMENSU-
 RATE  WITH,  AT LEAST, ONE YEAR OF APPRENTICESHIP TRAINING IN ACCORDANCE
 WITH THE STANDARDS SET FORTH IN SECTION EIGHT HUNDRED  FIFTEEN  OF  THIS
 ARTICLE AND PARAGRAPH (4) OF SUBDIVISION (C) OF SECTION 601.5 OF THE NEW
 YORK CODES, RULES AND REGULATIONS.
   3.  (A) ALL WORKERS BEFORE WORKING AT OR ON, A BUILDING SITE, OR DEMO-
 LITION SITE, FOUR OR MORE STORIES, OR FORTY OR MORE FEET (12 192 MM)  IN
 HEIGHT,  MUST  COMPLETE  A  BONA  FIDE CONSTRUCTION SITE SAFETY TRAINING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10516-01-7

 A. 6744                             2
 
 PROGRAM, AND EITHER BE A REGISTERED APPRENTICE,  OR  GRADUATED  FROM  AN
 APPRENTICESHIP  PROGRAM,  OR  BE  AN  EXPERIENCES,  TRAINED, AND SKILLED
 PERSON THAT HAS RECEIVED TRAINING COMMENSURATE WITH  THAT  REQUIRED  FOR
 REGISTERED  APPRENTICES  INCLUDING  RELATED  INSTRUCTION  AND ON THE JOB
 TRAINING IN ACCORDANCE WITH THE STANDARDS SET  FORTH  IN  SECTION  EIGHT
 HUNDRED  FIFTEEN OF THIS ARTICLE AND PARAGRAPH (4) OF SUBDIVISION (C) OF
 SECTION 601.5 OF THE NEW YORK CODES, RULES AND REGULATIONS.
   (B) ALL WORKERS EMPLOYED AT A BUILDING SITE, OR DEMOLITION SITE,  FOUR
 OR  MORE STORIES, OR FORTY OR MORE FEET (12 192 MM) IN HEIGHT, MUST HAVE
 SUCCESSFULLY COMPLETED, WITHIN  THE  PREVIOUS  FIVE  CALENDAR  YEARS,  A
 COURSE  THAT  IS AT LEAST TEN HOURS IN LENGTH AND APPROVED BY THE UNITED
 STATES DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
 (OSHA) IN CONSTRUCTION INDUSTRY SAFETY AND HEALTH, OR BY THE COMMISSION-
 ER COVERING SUBSTANTIALLY THE SAME MATERIAL. HOWEVER, A WORKER NEED  NOT
 TAKE  A  SUBSEQUENT  COURSE  THAT  IS  AT  LEAST TEN HOURS IN LENGTH AND
 APPROVED BY OSHA IN CONSTRUCTION INDUSTRY SAFETY AND HEALTH, OR A SUBSE-
 QUENT COURSE APPROVED BY THE  COMMISSIONER  COVERING  SUBSTANTIALLY  THE
 SAME  MATERIAL, PROVIDED THE WORKER HAS, WITHIN THE PREVIOUS FIVE CALEN-
 DAR YEARS, ACCUMULATED AT LEAST FIVE SAFETY EDUCATION  UNITS  (SEU)  FOR
 CONSTRUCTION  SAFETY  AND  HEALTH  THROUGH TRAINING COURSES OFFERED BY A
 SAFETY TRAINING PROGRAM CONDUCTED  BY  A  DEPARTMENT  APPROVED  TRAINING
 PROVIDER  REGISTERED APPRENTICESHIP PROGRAM.  A WORKER SHALL BE CREDITED
 ONE SEU FOR EVERY FOUR HOURS OF CONSTRUCTION SAFETY AND  HEALTH  RELATED
 TRAINING  COMPLETED,  WITH A MAXIMUM OF TWO SEUS ASSIGNED FOR ANY SINGLE
 COURSE. SUCH SEU COURSES SHALL BE CONDUCTED BY, OR UNDER THE SUPERVISION
 OF OSHA AUTHORIZED CONSTRUCTION SAFETY TRAINERS.   INSTRUCTORS  WHO  ARE
 NOT  OSHA  AUTHORIZED  CONSTRUCTION  TRAINERS  MUST  BE  EXPERIENCED  IN
 PRESENTING THE RELATED COURSE  SUBJECT  MATTER,  AND  USE  A  CURRICULUM
 APPROVED BY THEIR SUPERVISING OSHA AUTHORIZED CONSTRUCTION SAFETY TRAIN-
 ER.
   (C) EACH WORKER WHO WORKS AT A BUILDING SITE, OR AT A DEMOLITION SITE,
 THAT  IS  FOUR  OR  MORE  STORIES,  OR  FORTY OR MORE FEET (12 192MM) IN
 HEIGHT, AND/OR A SITE THAT SATISFIES OTHER CRITERIA AS THE  COMMISSIONER
 MAY ESTABLISH BY RULE, MUST BE:
   (I)  A  REGISTERED APPRENTICE AS DEFINED IN THIS ARTICLE OR A GRADUATE
 OF AN APPRENTICESHIP PROGRAM AS DEFINED IN THIS ARTICLE,  REGISTERED  BY
 THE  DEPARTMENT  OR  UNITED  STATES DEPARTMENT OF LABOR IN THE TRADE FOR
 WHICH SUCH WORKER IS EMPLOYED, OR
   (II) AN EXPERIENCED, TRAINED, AND SKILLED  PERSON  THAT  HAS  RECEIVED
 TRAINING  COMMENSURATE  WITH  THAT  REQUIRED  FOR REGISTERED APPRENTICES
 INCLUDING RELATE INSTRUCTION AND ON THE JOB TRAINING IN ACCORDANCE  WITH
 THE STANDARDS SET FORTH IN SECTION EIGHT HUNDRED FIFTEEN OF THIS ARTICLE
 AND  PARAGRAPH  (4)  OF SUBDIVISION (C) OF SECTION 601.5 OF THE NEW YORK
 CODES, RULES AND REGULATIONS.
   (D) IF AT ANY TIME, ANY INDIVIDUAL, CONTRACTOR, SUB-CONTRACTOR, DEVEL-
 OPER, LIMITED LIABILITY COMPANY  (LLC),  LIMITED  LIABILITY  PARTNERSHIP
 (LLP),  PARTNERSHIP,  CORPORATION,  OR  ANY  OTHER  LEGAL ENTITY EMPLOYS
 AND/OR HIRES ANY WORKER ON A BUILDING  SITE,  DEMOLITION  SITE,  OR  ANY
 PROJECT  SITE,  WHICH IS FOUR OR MORE STORIES, OR FORTY OR MORE FEET (12
 182 MM) IN HEIGHT, AND SUCH WORKER IS NOT A  REGISTERED  APPRENTICE,  OR
 HAS  NOT  COMPLETED AN APPRENTICESHIP PROGRAM, OR IS NOT AN EXPERIENCED,
 TRAINED, AND SKILLED PERSON THAT HAS RECEIVED TRAINING COMMENSURATE WITH
 THAT REQUIRED FOR REGISTERED APPRENTICES INCLUDING  RELATED  INSTRUCTION
 AND  ON  THE  JOB TRAINING IN ACCORDANCE WITH THE STANDARDS SET FORTH IN
 SECTION EIGHT HUNDRED FIFTEEN OF  THIS  ARTICLE  AND  PARAGRAPH  (4)  OF
 SUBDIVISION  (C) OF SECTION 601.5 OF THE NEW YORK CODES, RULES AND REGU-

 A. 6744                             3
 
 LATIONS, AND HAS NOT COMPLETED A  BONA  FIDE  CONSTRUCTION  SITE  SAFETY
 TRAINING  PROGRAM  OR  ITS  EQUIVALENT APPROVED BY THE COMMISSIONER, THE
 PROJECT SHALL IMMEDIATELY TERMINATE, AND ALL PERMITS, CONTRACTS, OR  ANY
 OTHER LEGAL DOCUMENTS ALLOWING SUCH CONSTRUCTION, MODIFICATION, OR DEMO-
 LITION,  WILL  BE  REVOKED  PERMANENTLY,  AND  SUCH  INDIVIDUAL, AND ALL
 CONTRACTORS, SUB-CONTRACTORS, DEVELOPERS,  AND  ALL  MEMBERS,  MANAGERS,
 DIRECTORS, OR ANY AUTHORIZED PERSON OF THE LLC, LLP, PARTNERSHIP, DEVEL-
 OPER,  CORPORATION, OR ANY OTHER LEGAL ENTITY RESPONSIBLE FOR THE HIRING
 OF SUCH WORKER WHO HASN'T COMPLETED SUCH QUALIFICATIONS AND REQUIREMENTS
 AS MANDATED BY THIS ARTICLE, SHALL BE RESPONSIBLE  FOR  A  VIOLATION  OF
 THIS SECTION.
   (E) BEFORE ANY BUILDING OR DEMOLITION WORK OCCURS ON PROJECTS IN WHICH
 THE  SITE  IS FOUR OR MORE STORIES, OR FORTY OR MORE FEET (12 192 MM) IN
 HEIGHT, EACH INDIVIDUAL PERSON, CONTRACTOR,  SUB-CONTRACTOR,  LLC,  LLP,
 CORPORATION, PARTNERSHIP, DEVELOPER, OR ANY OTHER LEGAL ENTITY RESPONSI-
 BLE  OR  INVOLVED  ON OR WITH SUCH BUILDING OR DEMOLITION PROJECT, SHALL
 DISCLOSE TO THE COMMISSIONER THE NAMES AND RESIDENCE  ADDRESSES  OF  ALL
 MEMBERS,  MANAGERS,  DIRECTORS,  AND  ANY AUTHORIZED PERSON OF SUCH LLC,
 LLP, CORPORATION,  PARTNERSHIP,  DEVELOPER,  PARTNERSHIP,  AND/OR  LEGAL
 ENTITY.
   (F) ANY INDIVIDUAL PERSON, CONTRACTOR, SUB-CONTRACTOR, DEVELOPER, LLC,
 LLP,  PARTNERSHIP,  CORPORATION, OR ANY OTHER LEGAL ENTITY WHO KNOWINGLY
 OR INTENTIONALLY HIRES A WORKER, OR ALLOWS SUCH WORKER,  WHO  IS  NOT  A
 REGISTERED APPRENTICE AS DEFINED IN THIS ARTICLE, OR WHO IS NOT A WORKER
 WHO  HAS COMPLETED AN APPRENTICESHIP PROGRAM AS DEFINED IN THIS ARTICLE,
 OR WHO IS NOT AN EXPERIENCED,  TRAINED,  AND  SKILLED  PERSON  THAT  HAS
 RECEIVED TRAINING COMMENSURATE WITH THAT REQUIRED FOR REGISTERED APPREN-
 TICES  INCLUDING  RELATED INSTRUCTION AND ON THE JOB TRAINING IN ACCORD-
 ANCE WITH THE STANDARDS SET FORTH IN SECTION EIGHT  HUNDRED  FIFTEEN  OF
 THIS  ARTICLE  AND  PARAGRAPH (4) OF SUBDIVISION (C) OF SECTION 601.5 OF
 THE NEW YORK CODES, RULES AND REGULATIONS, AND WHO HAS NOT  COMPLETED  A
 BONA  FIDE  CONSTRUCTION  SITE SAFETY TRAINING PROGRAM OR ITS EQUIVALENT
 APPROVED BY THE COMMISSIONER PURSUANT TO THIS ARTICLE, TO  WORK  ON  ANY
 BUILDING  PROJECT,  DEMOLITION  PROJECT, OR ANY OTHER TYPE OF PROJECT IN
 WHICH  THE SITE IS FOUR OR MORE STORIES, OR FORTY OR MORE FEET  (12  192
 MM)  IN  HEIGHT, SUCH INDIVIDUAL, CONTRACTOR, SUB-CONTRACTOR, DEVELOPER,
 LLC, LLP, PARTNERSHIP, CORPORATION, OR ANY  OTHER  LEGAL  ENTITY,  SHALL
 FOREVER BE BARRED FROM RECEIVING, OBTAINING, OR BEING GRANTED A LICENSE,
 APPLICATION,  PERMIT,  CONTRACT,  RIGHT,  OR ANY OTHER TYPE OF DOCUMENT,
 LEGAL OR NOT, THAT ALLOWS SUCH INDIVIDUAL,  CONTRACTOR,  SUB-CONTRACTOR,
 DEVELOPER, LLC, LLP, PARTNERSHIP, CORPORATION, OR ANY OTHER LEGAL ENTITY
 WHO VIOLATES THIS ARTICLE FROM BUILDING, DEMOLISHING, MODIFYING, WORKING
 ON,  OVERSEEING,  VOLUNTEERING,  HIRING ANY INDIVIDUALS SUCH AS, BUT NOT
 LIMITED TO, A CONTRACTOR, OR ANY SUB-CONTRACTORS, OR PROFITING,  ON  ANY
 PROJECT IN WHICH THE SITE IS FOUR OR MORE STORIES, OR FORTY OR MORE FEET
 (12 192 MM) IN HEIGHT.
   (G)  NO  PERMIT,  CONTRACT,  LICENSE, RIGHT, APPLICATION, OR ANY OTHER
 TYPE OF LEGAL OR NON-LEGAL  DOCUMENT  GRANTING  THE  RIGHT  TO    BUILD,
 CONSTRUCT, MODIFY, OR DEMOLISH ANY BUILDING, FOR WHICH WORK IS DONE ON A
 SITE WHICH IS FOUR OR MORE STORIES, OR FORTY OR MORE FEET (12 192 MM) IN
 HEIGHT,  SHALL  BE  AWARDED  TO  ANY PERSON, CONTRACTOR, SUB-CONTRACTOR,
 DEVELOPER, LLC, LLP, CORPORATION, PARTNERSHIP, OR ANY OTHER LEGAL  ENTI-
 TY,  WHO HAS EVER PREVIOUSLY KNOWINGLY OR INTENTIONALLY HIRED OR ALLOWED
 A WORKER, TO WORK ON ANY PROJECT IN WHICH THE  SITE  WAS  FOUR  OR  MORE
 STORIES,  OR  FORTY  OR  MORE  FEET (12 192 MM) IN HEIGHT, WHO WAS NOT A
 REGISTERED APPRENTICE AS DEFINED IN THIS ARTICLE, OR WHO WAS NOT A WORK-

 A. 6744                             4
 
 ER WHO HAS COMPLETED AN APPRENTICESHIP PROGRAM AS DEFINED IN THIS  ARTI-
 CLE, OR WHO WAS NOT AN EXPERIENCED, TRAINED, AND SKILLED PERSON THAT HAS
 RECEIVED TRAINING COMMENSURATE WITH THAT REQUIRED FOR REGISTERED APPREN-
 TICES  INCLUDING  RELATED INSTRUCTION AND ON THE JOB TRAINING IN ACCORD-
 ANCE WITH THE STANDARDS SET FORTH IN SECTION EIGHT  HUNDRED  FIFTEEN  OF
 THIS  ARTICLE  AND  PARAGRAPH (4) OF SUBDIVISION (C) OF SECTION 601.5 OF
 THE NEW YORK CODES, RULES AND REGULATIONS, AND WHO HAD NOT  COMPLETED  A
 BONA  FIDE  CONSTRUCTION  SITE SAFETY TRAINING PROGRAM OR ITS EQUIVALENT
 APPROVED BY THE COMMISSIONER PURSUANT TO THIS ARTICLE.
   (H) AT NO TIME AFTER A BUILDING, OR DEMOLITION PROJECT BEGINS IN WHICH
 THE SITE IS FOUR OR MORE STORIES, OR FORTY OR MORE FEET (12 192  MM)  IN
 HEIGHT, SHALL A PERSON, CONTRACTOR, SUB-CONTRACTOR, DEVELOPER, LLC, LLP,
 CORPORATION,  PARTNERSHIP,  OR ANY OTHER LEGAL ENTITY HAVE AN INDIVIDUAL
 AS MANAGER, MEMBER, DIRECTOR, STOCK HOLDER, OR ANYONE AUTHORIZED BY SUCH
 PERSON, CONTRACTOR, SUB-CONTRACTOR, DEVELOPER,  LLC,  LLP,  CORPORATION,
 PARTNERSHIP,  OR  ANY  OTHER LEGAL ENTITY WHO HAS EVER BEEN KNOWINGLY OR
 INTENTIONALLY HIRED, OR ALLOWED SUCH AN INDIVIDUAL WORKER  TO  WORK  ON,
 ANY PROJECT IN WHICH THE SITE WAS FOUR OR MORE STORIES, OR FORTY OR MORE
 FEET  (12  192  MM)  IN HEIGHT, WHEN SUCH WORKER DID NOT HAVE THE PROPER
 QUALIFICATIONS AND TRAINING PURSUANT TO THIS ARTICLE. IF SUCH  AN  INDI-
 VIDUAL  BECOMES  A  MANAGER,  MEMBER,  DIRECTOR, STOCKHOLDER OR COLLECTS
 FINANCIAL RESOURCES OR ANY OTHER FINANCIAL BENEFIT FROM SUCH CONTRACTOR,
 SUB-CONTRACTOR, DEVELOPER, LLC, LLP, CORPORATION,  PARTNERSHIP,  OR  ANY
 OTHER  LEGAL ENTITY, THE PROJECT SHALL IMMEDIATELY BE TERMINATED AND ALL
 PERMITS, RIGHTS, APPLICATIONS, LICENSES, CONTRACTS, AND ANY OTHER  LEGAL
 OR NON-LEGAL DOCUMENTS ALLOWING THE CONSTRUCTION, MODIFICATION, PROJECT,
 AND/OR DEMOLITION, SHALL BE TERMINATED.
   (I)  UPON  COMPLETION OF A BONA FIDE CONSTRUCTION SITE SAFETY TRAINING
 PROGRAM, AND AN APPRENTICESHIP PROGRAM AS REQUIRED BY  THE  COMMISSIONER
 PURSUANT  TO THE STANDARDS SET FORTH IN SECTION EIGHT HUNDRED FIFTEEN OF
 THIS ARTICLE AND PARAGRAPH (4) OF SUBDIVISION (C) OF  SECTION  601.5  OF
 THE  NEW YORK CODES, RULES AND REGULATIONS, THE WORKER SHALL RECEIVE AND
 MUST BE PROVIDED PAPERWORK FROM THE COMMISSIONER PROVING  COMPLETION  OF
 SUCH PROGRAMS AND REQUIREMENTS. THE COMMISSIONER MUST PROVIDE DOCUMENTA-
 TION  TO  AN  APPRENTICE,  PROVING  SUCH  APPRENTICE  IS A WORKER WHO IS
 EMPLOYED AND REGISTERED TO LEARN A SKILLED TRADE THROUGH A DEPARTMENT OR
 UNITED STATES DEPARTMENT OF  LABOR  REGISTERED  APPRENTICESHIP  PROGRAM.
 THE  COMMISSIONER  MUST  ALSO  PROVIDE DOCUMENTATION TO OTHER QUALIFYING
 INDIVIDUALS, PROVING THAT SUCH AN INDIVIDUAL IS AN EXPERIENCED, TRAINED,
 AND SKILLED PERSON THAT HAS RECEIVED  TRAINING  COMMENSURATE  WITH  THAT
 REQUIRED FOR REGISTERED APPRENTICES INCLUDING RELATED INSTRUCTION AND ON
 THE  JOB  TRAINING IN ACCORDANCE WITH THE STANDARDS SET FORTH IN SECTION
 EIGHT HUNDRED FIFTEEN OF THIS ARTICLE AND PARAGRAPH (4)  OF  SUBDIVISION
 (C) OF SECTION 601.5 OF THE NEW YORK CODES, RULES AND REGULATIONS.
   (J) BEFORE THE HIRING OF ANY WORKER ON PROJECTS WHICH THE SITE IS FOUR
 OR  MORE  STORIES,  OR  FORTY  OR  MORE  FEET (12 192 MM) IN HEIGHT, THE
 PERSON, CONTRACTOR, SUB-CONTRACTOR, DEVELOPER,  LLC,  LLP,  CORPORATION,
 PARTNERSHIP,  OR  ANY  OTHER LEGAL ENTITY, RESPONSIBLE FOR THE HIRING OF
 SUCH INDIVIDUAL WORKER MUST REQUEST FROM SUCH WORKER,  AND  BE  PROVIDED
 PAPERWORK  FROM  SUCH  WORKER, PROVING SUCH WORKER COMPLETED A BONA FIDE
 CONSTRUCTION SITE SAFETY TRAINING PROGRAM, AND IS  EITHER  A  REGISTERED
 APPRENTICE,  OR  COMPLETED  AN APPRENTICESHIP PROGRAM, OR, IS AN EXPERI-
 ENCED, TRAINED, AND SKILLED PERSON THAT HAS RECEIVED TRAINING  COMMENSU-
 RATE  WITH  THAT  REQUIRED  FOR REGISTERED APPRENTICES INCLUDING RELATED
 INSTRUCTION AND ON THE JOB TRAINING IN ACCORDANCE WITH THE STANDARDS SET
 FORTH IN SECTION EIGHT HUNDRED FIFTEEN OF THIS ARTICLE AND PARAGRAPH (4)

 A. 6744                             5
 
 OF SUBDIVISION (C) OF SECTION 601.5 OF THE NEW  YORK  CODES,  RULES  AND
 REGULATIONS.  ONLY  THE  DOCUMENTATION  PROVIDED  TO  THE  WORKER BY THE
 COMMISSIONER SHALL BE SUFFICIENT FOR PROOF OF COMPLETION OF THE REQUIRE-
 MENTS  AND  QUALIFICATIONS OF THIS ARTICLE. IF A WORKER DOES NOT PROVIDE
 THIS DOCUMENTARY PROOF, THE INDIVIDUAL WORKER SHALL NOT BE HIRED.
   (K) ON PROJECTS WHICH THE SITE IS FOUR OR MORE STORIES,  OR  FORTY  OR
 MORE  FEET  (12  192  MM)  IN HEIGHT, ANY INDIVIDUAL PERSON, CONTRACTOR,
 SUB-CONTRACTOR, DEVELOPER, LLC, LLP, CORPORATION,  PARTNERSHIP,  OR  ANY
 OTHER  LEGAL  ENTITY,  WHO KNOWINGLY OR INTENTIONALLY HIRES A WORKER, OR
 ALLOWS A WORKER, WHO HAS NOT COMPLETED A  BONA  FIDE  CONSTRUCTION  SITE
 SAFETY  TRAINING  PROGRAM AND WHO IS NOT A REGISTERED APPRENTICE, OR WHO
 HAS NOT COMPLETED AN APPRENTICESHIP PROGRAM, OR WHO IS  NOT  AN  EXPERI-
 ENCED,  TRAINED, AND SKILLED PERSON THAT HAS RECEIVED TRAINING COMMENSU-
 RATE WITH THAT REQUIRED FOR  REGISTERED  APPRENTICES  INCLUDING  RELATED
 INSTRUCTION AND ON THE JOB TRAINING IN ACCORDANCE WITH THE STANDARDS SET
 FORTH IN SECTION EIGHT HUNDRED FIFTEEN OF THIS ARTICLE AND PARAGRAPH (4)
 OF  SUBDIVISION  (C)  OF  SECTION 601.5 OF THE NEW YORK CODES, RULES AND
 REGULATIONS, TO WORK ON SUCH A  PROJECT,  SUCH  INDIVIDUAL,  CONTRACTOR,
 SUB-CONTRACTOR,  DEVELOPER,  LLC,  LLP, CORPORATION, PARTNERSHIP, OR ANY
 OTHER LEGAL ENTITY SHALL BE FINED BY THE COMMISSIONER TWENTY-FIVE  THOU-
 SAND DOLLARS PER VIOLATION OF HIRING SUCH A WORKER WHO HAS NOT COMPLETED
 THE  REQUIREMENTS  OR  QUALIFICATIONS  IN  THIS ARTICLE. THE INDIVIDUAL,
 CONTRACTOR, SUB-CONTRACTOR, DEVELOPER, LLC, LLP,  CORPORATION,  PARTNER-
 SHIP,  OR  ANY  OTHER  LEGAL  ENTITY,  RESPONSIBLE FOR THE HIRING AND/OR
 SUPERVISION OF THE WORKERS ON THE PROJECT SHALL BE FINED FIFTY  THOUSAND
 DOLLARS,  PER  DAY,  PER  WORKER, IF SUCH WORKER IS ALLOWED TO WORK ON A
 PROJECT FOUR OR MORE STORIES, OR FORTY OR  MORE  FEET  (12  192  MM)  IN
 HEIGHT,  WHO  HAS  NOT  COMPLETED  A  BONA FIDE CONSTRUCTION SITE SAFETY
 TRAINING PROGRAM AND WHO IS NOT A REGISTERED APPRENTICE, OR WHO HAS  NOT
 COMPLETED  AN  APPRENTICESHIP  PROGRAM,  OR  WHO  IS NOT AN EXPERIENCED,
 TRAINED, AND SKILLED PERSON THAT HAS RECEIVED TRAINING COMMENSURATE WITH
 THAT REQUIRED FOR REGISTERED APPRENTICES INCLUDING  RELATED  INSTRUCTION
 AND  ON  THE  JOB TRAINING IN ACCORDANCE WITH THE STANDARDS SET FORTH IN
 SECTION EIGHT HUNDRED FIFTEEN OF  THIS  ARTICLE  AND  PARAGRAPH  (4)  OF
 SUBDIVISION  (C) OF SECTION 601.5 OF THE NEW YORK CODES, RULES AND REGU-
 LATIONS.
   (L) ON PROJECTS WHICH THE SITE IS FOUR OR MORE STORIES,  OR  FORTY  OR
 MORE FEET (12 192 MM) IN HEIGHT, IT SHALL NOT BE A DEFENSE FOR ANY INDI-
 VIDUAL  PERSON,  CONTRACTOR, SUB-CONTRACTOR, DEVELOPER, LLC, LLP, CORPO-
 RATION, PARTNERSHIP, OR ANY OTHER LEGAL ENTITY, RESPONSIBLE FOR  HIRING,
 OR  SUPERVISING  WORKERS,  TO MAINTAIN THEY DID NOT KNOW SUCH WORKER DID
 NOT COMPLETE A BONA FIDE CONSTRUCTION SITE SAFETY TRAINING PROGRAM,  AND
 THAT THE WORKER WAS NOT A REGISTERED APPRENTICE; THAT THE WORKER HAD NOT
 COMPLETED AN APPRENTICESHIP PROGRAM; OR THAT THE WORKER DID NOT HAVE THE
 EXPERIENCE,  TRAINING,  AND SKILL AS A PERSON THAT HAS RECEIVED TRAINING
 COMMENSURATE WITH THAT REQUIRED  FOR  REGISTERED  APPRENTICES  INCLUDING
 RELATED INSTRUCTION AND ON THE JOB TRAINING IN ACCORDANCE WITH THE STAN-
 DARDS  SET  FORTH  IN  SECTION EIGHT HUNDRED FIFTEEN OF THIS ARTICLE AND
 PARAGRAPH (4) OF SUBDIVISION (C) OF SECTION 601.5 OF THE NEW YORK CODES,
 RULES AND REGULATIONS, BECAUSE THE INDIVIDUAL OR  ENTITY  IN  CHARGE  OF
 HIRING AND/OR SUPERVISION DID NOT ASK, OR WAS NOT PROVIDED SUCH PROOF OF
 COMPLETION  OF  SUCH  REQUIREMENTS AND QUALIFICATIONS BY THE WORKER. NOT
 ASKING THE WORKER FOR PROOF OF COMPLIANCE  WITH  SUCH  REQUIREMENTS  AND
 QUALIFICATIONS  UNDER  THIS  ARTICLE,  YET  STILL HIRING SUCH WORKER, OR
 ALLOWING THE WORKER TO WORK ON SUCH A PROJECT, SHALL BE TREATED  AS  THE
 INDIVIDUAL  PERSON,  CONTRACTOR,  SUB-CONTRACTOR,  DEVELOPER,  LLC, LLP,

 A. 6744                             6
 
 CORPORATION, PARTNERSHIP, OR ANY OTHER LEGAL ENTITY, KNOWINGLY OR INTEN-
 TIONALLY HIRING AN INDIVIDUAL WORKER, OR ALLOWING SUCH WORKER TO WORK ON
 SUCH PROJECT, WITHOUT BEING PROVIDED PROOF OF THE REQUIREMENTS AND QUAL-
 IFICATIONS OF THIS ARTICLE.
   (M)  NOTHING IN THIS ARTICLE, SHALL PREVENT ADDITIONAL FINES OR PROSE-
 CUTION OF ANY INDIVIDUAL PERSON, CONTRACTOR, SUB-CONTRACTOR,  DEVELOPER,
 LLC,  LLP,  CORPORATION, PARTNERSHIP, OR ANY OTHER LEGAL ENTITY, FOR ANY
 VIOLATION OF THIS SECTION, OR ANY OTHER SECTION UNDER THIS ARTICLE.
   § 2. Severability. If any clause, sentence, paragraph, section or part
 of this act shall be adjudged by any court of competent jurisdiction  to
 be  invalid  and  after  exhaustion  of all further judicial review, the
 judgment shall not affect, impair or invalidate the  remainder  thereof,
 but  shall  be  confined in its operation to the clause, sentence, para-
 graph, section or part of this act directly involved in the  controversy
 in which the judgment shall have been rendered.
   § 3. This act shall take effect immediately.