NY State Senate Bill 2017-S1329

Senate Bill S1329

2017-2018 Legislative Session

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

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to finance
Jan 09, 2017	referred to finance

2017-S1329 (ACTIVE) - Details

See Assembly Version of this Bill:: A5457
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
2015-2016: S7743, A2987
2019-2020: A3987

2017-S1329 (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.

2017-S1329 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1329

 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 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 LAW 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 :

2015-16: S.7743/A.2987 Referred to Finance.

 FISCAL IMPLICATIONS :

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.

2017-S1329 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1329
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2017
                                ___________
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00491-01-7

 S. 1329                             2
 
 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
 THE  STATE  AGENCY SHALL DELIVER EACH SUCH WAIVER TO THE COMMISSIONER OF
 GENERAL SERVICES.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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