BILL NUMBER: S8239

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the labor law, in relation to procedures for issuing
safety and health rules

 
PURPOSE OF THE BILL:

The purpose of this bill is to modernize the Department of Labor's
(DOL's) safety and health rulemaking process.

 
SUMMARY OF PROVISIONS:

Section one of this bill would amend Labor Law Section 29 to eliminate
certain public notice requirements in the Labor Law for safety and
health rulemaking that predate the State Administrative Procedure Act
(SAPA).

Section two of the bill would make it effective immediately.

              

 
JUSTIFICATION:

Labor Law Section 29 was first added to New York state law in 1921 and
has remained in its current form in since 1975. Section 29 predates
Section 202 of SAPA (enacted in 1984), which is the rulemaking procedure
that DOL and other state agencies must follow, including providing
public notice, an opportunity for public comment, and filing of the
final rule with the Secretary of State. SAPA also includes procedures
for engaging with impacted entities and contains its own effective date
provisions.

Section 29 requires DOL to hold a public hearing before any safety and
health rule is adopted, amended, or repealed. Every such rule must be
promptly published in a newspaper (or newspapers) as prescribed by the
Commissioner of Labor and would take effect twenty days after the first
publication unless the Commissioner chooses a different date.  Certified
copies of the final rule must also be filed with the Secretary of State.

DOL provides public notice on all rulemaking activity by following the
SAPA process, making this preexisting - and sometimes contradictory -
requirement in Labor Law Section 29 unnecessary.  DOL currently follows
both SAPA Section 202 and Labor Law Section 29 when adopting, amending,
or repealing a safety and health rule. See, NY State Coalition of Pub.
Enipls. v NY State Dept. of Labor, 89 A.D.2d 283, 287-288 (3d Dept 1982)
(holding that the Commissioner's adoption of safety and health record-
keeping regulations must follow rulemaking proceedings in Labor Law
Section 29). DOL has routinely held public hearings that are not
attended by any members of the public and purchased publication notices
in newspapers, which is duplicative because the same proposed rules are
published in the State Register and available online. This proposal
would save DOL time and resources by eliminating unnecessary and contra-
dictory administrative steps for DOL during the rulemaking process,
while maintaining compliance with SAPA.

This bill would retain the Commissioner's existing, discretionary
authority in Section 29 to appoint committees composed of employers,
employees, and experts to suggest safety and health rules or changes.
 
PRIOR LEGISLATIVE HISTORY:

None. This would be a new bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act would take effect immediately.