S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2201
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced  by  M.  of  A.  BARNWELL  --  Multi-Sponsored by -- M. of A.
   COLTON, COOK, D'URSO, HYNDMAN, LENTOL, MONTESANO, PHEFFER AMATO, SIMO-
   TAS, STECK, TAYLOR, VANEL, WILLIAMS -- read once and referred  to  the
   Committee 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. 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 TITLE
 12 OF THE NEW YORK CODES, RULES AND REGULATIONS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02203-01-9
              

 A. 2201                             2
 
   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
 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 TITLE 12 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 TITLE 12 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

 A. 2201                             3
 
 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 TITLE 12  OF  THE  NEW  YORK  CODES,
 RULES  AND  REGULATIONS,  AND HAS NOT COMPLETED A BONA FIDE CONSTRUCTION
 SITE SAFETY TRAINING PROGRAM OR ITS EQUIVALENT APPROVED BY  THE  COMMIS-
 SIONER,  THE  PROJECT  SHALL  IMMEDIATELY  TERMINATE,  AND  ALL PERMITS,
 CONTRACTS, OR ANY OTHER  LEGAL  DOCUMENTS  ALLOWING  SUCH  CONSTRUCTION,
 MODIFICATION, OR DEMOLITION, WILL BE REVOKED PERMANENTLY, AND SUCH INDI-
 VIDUAL,  AND  ALL  CONTRACTORS,  SUB-CONTRACTORS,  DEVELOPERS,  AND  ALL
 MEMBERS, MANAGERS, DIRECTORS, OR ANY AUTHORIZED PERSON OF THE LLC,  LLP,
 PARTNERSHIP, DEVELOPER, CORPORATION, OR ANY OTHER LEGAL ENTITY RESPONSI-
 BLE  FOR  THE HIRING OF SUCH WORKER WHO HASN'T COMPLETED SUCH QUALIFICA-
 TIONS 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
 TITLE  12  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  ENTI-
 TY,  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, MODI-
 FYING, WORKING ON, OVERSEEING, VOLUNTEERING, HIRING ANY INDIVIDUALS SUCH
 AS, BUT NOT LIMITED TO, A CONTRACTOR, OR ANY SUB-CONTRACTORS, OR PROFIT-
 ING,  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. 2201                             4
 
 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-
 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
 TITLE  12  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
 TITLE 12 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  DOCUMENTATION  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  APPRENTICE-
 SHIP PROGRAM.  THE COMMISSIONER MUST ALSO PROVIDE DOCUMENTATION TO OTHER
 QUALIFYING  INDIVIDUALS,  PROVING  THAT SUCH AN INDIVIDUAL 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)
 OF SUBDIVISION (C) OF SECTION 601.5 OF TITLE 12 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-

 A. 2201                             5
 
 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 TITLE 12 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
 REQUIREMENTS 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 TITLE 12 OF THE NEW YORK CODES,
 RULES AND REGULATIONS, TO WORK  ON  SUCH  A  PROJECT,  SUCH  INDIVIDUAL,
 CONTRACTOR,  SUB-CONTRACTOR,  DEVELOPER, LLC, LLP, CORPORATION, PARTNER-
 SHIP, OR ANY OTHER LEGAL ENTITY SHALL BE FINED BY THE COMMISSIONER TWEN-
 TY-FIVE THOUSAND 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,  CORPO-
 RATION,  PARTNERSHIP,  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 SAFE-
 TY 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 TITLE 12 OF THE NEW YORK CODES,
 RULES AND REGULATIONS.
   (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 TITLE 12 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

 A. 2201                             6
 
 SUCH PROOF OF COMPLETION OF SUCH REQUIREMENTS AND QUALIFICATIONS BY  THE
 WORKER. NOT ASKING THE WORKER FOR PROOF OF COMPLIANCE WITH SUCH REQUIRE-
 MENTS AND QUALIFICATIONS UNDER THIS ARTICLE, YET STILL HIRING SUCH WORK-
 ER,  OR  ALLOWING THE WORKER TO WORK ON SUCH A PROJECT, SHALL BE TREATED
 AS THE INDIVIDUAL PERSON, CONTRACTOR,  SUB-CONTRACTOR,  DEVELOPER,  LLC,
 LLP,  CORPORATION,  PARTNERSHIP, OR ANY OTHER LEGAL ENTITY, KNOWINGLY OR
 INTENTIONALLY HIRING AN INDIVIDUAL WORKER, OR ALLOWING  SUCH  WORKER  TO
 WORK  ON  SUCH PROJECT, WITHOUT BEING PROVIDED PROOF OF THE REQUIREMENTS
 AND QUALIFICATIONS 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.