S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2214
 
                        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,   FERNANDEZ,   JAFFEE,   LENTOL,   MONTESANO,
   PHEFFER AMATO,  SEAWRIGHT,  SIMOTAS, 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
 
   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.  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.
   2.  (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02202-01-9

 A. 2214                             2
 
 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  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.
   (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  192  MM)  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 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.
   (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
 192  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

 A. 2214                             3
 
 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  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

 A. 2214                             4
 
 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, STOCKHOLDER, 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-
 ENCED, TRAINED, AND SKILLED PERSON THAT HAS RECEIVED TRAINING  COMMENSU-
 RATE  WITH  THAT  REQUIRED  FOR REGISTERED APPRENTICES INCLUDING RELATED

 A. 2214                             5
 
 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
 SUCH  PROOF OF COMPLETION OF SUCH REQUIREMENTS AND QUALIFICATIONS BY THE
 WORKER. NOT ASKING THE WORKER FOR PROOF OF COMPLIANCE WITH SUCH REQUIRE-

 A. 2214                             6
 
 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.