Legislation

§ 795-a. Tower technician protections. 1. For any procurement
contracts for tower services entered into by New York state, or any
agency, department, division, bureau, office, or other subdivision
thereof and a private entity, the requirements of this section shall be
met.

2. (a) Tower technicians employed by a bidder and all its contractors
and/or subcontractors shall be provided the following trainings during
work hours and without suffering a loss of pay, by a bona fide source,
including but not limited to:

(i) OSHA's 1926 standards training for construction course;

(ii) In-person first aid and cardiopulmonary resuscitation;

(iii) Radiofrequency radiation awareness;

(iv) The globally harmonized system for classification of chemicals;

(v) OSHA's standards for protections against bloodborne pathogens;

(vi) An authorized or competent climber course;

(vii) An authorized or competent rescuer course;

(viii) A competent rigger or qualified person course;

(ix) A capstan hoist operator course;

(x) A signal person course; and

(xi) A mobile elevated work platform course.

(b) All trainings under paragraph (a) of this subdivision shall,
wherever possible, meet or exceed OSHA safety standards or be OSHA
certified.

3. A bidder shall submit with its bid a list of all contractors and
subcontractors, that includes the following information for each such
contractor and subcontractor:

(a) The bidder's name, state and federal tax identification numbers,
state contractor's license number, license category, and license
expiration date scope, and the duration and location of work to be
performed;

(b) Confirmation that the bidder's employees, or the employees of the
relevant contractor, subcontractor, or agent have the required
certifications, trainings and licenses, specifying the contractor,
subcontractor, or agent if applicable;

(c) A list of job titles and wages for all tower technicians;

(d) Whether such tower technicians are directly employed; and

(e) Any previous and pending enforcement actions resulting from
violations of state or federal labor law, along with any penalties paid,
criminal convictions, or judgments related to the provisions of New York
state labor and employment laws, the federal labor standards act, and
the occupational safety and health act.

4. Any information provided by a bidder shall be subject to the
freedom of information law under article six of the public officers law.

5. A bidder shall, on a yearly basis, provide the information in this
section to the comptroller and the department, separate from the
application process.

6. Nothing in this section shall be deemed to diminish the rights,
privileges, or remedies of any employee under any collective bargaining
agreement to the contrary.