Senate Bill S8659

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8659
 
                             I N  S E N A T E
 
                              March 28, 2022
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the labor law, in relation to establishing safety  meas-
   ures  for  hoisting and requiring the commissioner of labor to promul-
   gate rules and regulations pertaining to safety every ten years

   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 256 to
 read as follows:
   § 256. HOISTING SAFETY. 1. FOR THE PURPOSES OF THIS SECTION:
   (A) "ACTIVE LOAD STABILIZATION MECHANISM" MEANS  ANY  EXTERNAL  DEVICE
 ATTACHED  TO  THE BOTTOM HOOK OF A CRANE OR SIMILAR LIFTING MACHINE THAT
 STABILIZES ANY LOAD WITH COMPUTERIZED CONTROL AND HUMAN INPUT  IN  ORDER
 TO ENHANCE WORKER SAFETY.
   (B)  "PASSIVE  LOAD STABILIZATION MECHANISM" MEANS ANY EXTERNAL DEVICE
 ATTACHED TO THE BOTTOM HOOK OF A CRANE OR SIMILAR LIFTING  MACHINE  THAT
 USES THE NATURAL ENVIRONMENT TO MANIPULATE ANY LOAD WITH HUMAN INPUT.
   (C)  "FALL  ZONE"  MEANS  THE AREA, INCLUDING, BUT NOT LIMITED TO, THE
 AREA DIRECTLY BENEATH THE LOAD, IN WHICH IT  IS  REASONABLY  FORESEEABLE
 THAT PARTIALLY OR COMPLETELY SUSPENDED MATERIALS COULD FALL IN THE EVENT
 OF AN ACCIDENT.
   (D)  "TILT-UP OR TILT-DOWN OPERATION" MEANS RAISING OR LOWERING A LOAD
 FROM HORIZONTAL TO VERTICAL OR FROM VERTICAL TO HORIZONTAL.
   (E) "BOOM FREE FALL" MEANS THAT ONLY THE BRAKE OR CLUTCH  IS  USED  TO
 REGULATE  THE  DESCENT OF THE LOAD LINE FROM AN INCLINED SPAR, STRUT, OR
 OTHER LONG STRUCTURAL MEMBER WHICH SUPPORTS THE UPPER HOISTING TACKLE ON
 A CRANE OR DERRICK.
   2. WHERE AVAILABLE, HOISTING ROUTES  THAT  MINIMIZE  THE  EXPOSURE  OF
 EMPLOYEES  TO HOISTED LOADS SHALL BE USED, TO THE EXTENT CONSISTENT WITH
 PUBLIC SAFETY.
   3. WHILE THE OPERATOR IS NOT MOVING  A  SUSPENDED  LOAD,  NO  EMPLOYEE
 SHALL BE WITHIN THE FALL ZONE, EXCEPT FOR EMPLOYEES:
   (A) ENGAGED IN HOOKING, UNHOOKING OR GUIDING A LOAD;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15219-01-2
              

 S. 8659                             2
 
   (B)  ENGAGED  IN  THE INITIAL ATTACHMENT OF THE LOAD TO A COMPONENT OR
 STRUCTURE; OR
   (C) OPERATING A CONCRETE HOPPER OR CONCRETE BUCKET.
   4.  WHEN  EMPLOYEES  ARE ENGAGED IN HOOKING, UNHOOKING, OR GUIDING THE
 LOAD IN THE INITIAL CONNECTION OF A LOAD TO A COMPONENT OR STRUCTURE AND
 ARE WITHIN THE FALL ZONE, ALL OF THE FOLLOWING CRITERIA MUST BE MET:
   (A) IF THE MATERIALS BEING HOISTED ARE UNDER THREE THOUSAND POUNDS AND
 THE SWING OR SPIN OF THE LOAD DOES NOT PRESENT A RISK OF CRITICAL INJURY
 AS DETERMINED BY THE PROJECT MANAGER OR SAFETY ENGINEER,  A  TAGLINE  OR
 OTHER  PASSIVE  LOAD  STABILIZATION  MECHANISM SHALL BE USED TO MANUALLY
 STABILIZE THE MATERIALS;
   (B) IF THE MATERIALS BEING HOISTED ARE OVER THREE THOUSAND  POUNDS  OR
 PRESENT  A  RISK OF CRITICAL INJURY AS DETERMINED BY THE PROJECT MANAGER
 OR SAFETY ENGINEER, AN ACTIVE  LOAD  STABILIZATION  MECHANISM  SHALL  BE
 USED;
   (C)  THE  MATERIALS  BEING HOISTED SHALL BE RIGGED TO PREVENT UNINTEN-
 TIONAL DISPLACEMENT;
   (D) HOOKS WITH SELF-CLOSING LATCHES OR THEIR EQUIVALENT SHALL BE USED,
 EXCEPT THAT "J" HOOKS SHALL BE PERMITTED TO BE USED FOR  SETTING  WOODEN
 TRUSSES; AND
   (E) THE MATERIALS SHALL BE RIGGED BY A QUALIFIED RIGGER.
   5.  ONLY  EMPLOYEES  NEEDED TO RECEIVE A LOAD SHALL BE PERMITTED TO BE
 WITHIN THE FALL ZONE WHEN A LOAD IS BEING LANDED.
   6. DURING A TILT-UP OR TILT-DOWN OPERATION:
   (A) NO EMPLOYEE SHALL BE DIRECTLY UNDER THE LOAD;
   (B) ONLY EMPLOYEES ESSENTIAL TO THE OPERATION SHALL  BE  PERMITTED  IN
 THE FALL ZONE, BUT SHALL NOT BE PERMITTED TO BE DIRECTLY UNDER THE LOAD.
 AN EMPLOYEE IS ESSENTIAL TO THE OPERATION IF SUCH EMPLOYEE IS CONDUCTING
 ONE  OF  THE FOLLOWING OPERATIONS AND THE EMPLOYER CAN DEMONSTRATE IT IS
 INFEASIBLE FOR SUCH EMPLOYEE TO PERFORM THAT OPERATION FROM OUTSIDE  THE
 FALL ZONE:
   (I) PHYSICALLY GUIDE THE LOAD;
   (II)  CLOSELY MONITOR AND GIVE INSTRUCTIONS REGARDING THE LOAD'S MOVE-
 MENT; OR
   (III) EITHER DETACH THE LOAD FROM OR  INITIALLY  ATTACH  THE  LOAD  TO
 ANOTHER  COMPONENT  OR STRUCTURE, SUCH AS, BUT NOT LIMITED TO, MAKING AN
 INITIAL CONNECTION OR INSTALLING BRACING.
   7. BOOM FREE FALL IS PROHIBITED WHEN AN EMPLOYEE IS IN THE  FALL  ZONE
 OF  THE  BOOM  OR  LOAD,  AND  LOAD LINE FREE FALL IS PROHIBITED WHEN AN
 EMPLOYEE IS DIRECTLY UNDER THE LOAD.
   § 2. Subdivision 2 of section 27 of the labor law is amended by adding
 a new paragraph g to read as follows:
   G. THE COMMISSIONER SHALL, EVERY TEN YEARS, PROMULGATE RULES AND REGU-
 LATIONS, OR AMEND EXISTING RULES AND REGULATIONS  RELATING  TO  OUTDATED
 AND UNSAFE TECHNOLOGIES WITH THE BEST AVAILABLE TECHNOLOGIES AT THE TIME
 OF  SUCH  PROMULGATION  OR AMENDMENT. IN DEVELOPING SUCH RULES AND REGU-
 LATIONS, THE COMMISSIONER SHALL:
   (I) CONTRACT  OCCUPATIONAL  HEALTH  PROFESSIONALS,  INDUSTRIAL  SAFETY
 ENGINEERS,  AND MECHANICAL ENGINEERS TO PROVIDE EXPERT ASSISTANCE IN THE
 REPLACEMENT OF OUTDATED STANDARDS; AND
   (II) CONDUCT PUBLIC HEARINGS  ON  NEW  REGULATIONS  WHERE  BUSINESSES,
 UNIONS,  AND MEMBERS OF THE GENERAL PUBLIC HAVE THE OPPORTUNITY TO SPEAK
 ON PROPOSALS, PROVIDE RECOMMENDATIONS, AND ADD AMENDMENTS.
   § 3. This act shall take effect immediately.