Bill Text: NY A01556 | 2013-2014 | General Assembly | Introduced

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Bill Title: Enacts the "scaffold reform act"; grants counties a local option to require contractors working on projects within their respective jurisdictions to comply with the regulations and standards set forth by the United States Department of Labor Occupational Safety and Health Organization and applicable state regulations; sets forth a contributory negligence standard for employees.

Spectrum: Strong Partisan Bill (Republican 15-1)

Status: (Introduced - Dead) 2014-05-27 - held for consideration in labor [A01556 Detail]

Download: New_York-2013-A01556-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1556
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by M. of A. KOLB, REILICH, GIGLIO, CORWIN -- Multi-Sponsored
         by -- M. of A.   BARCLAY, CROUCH,  DUPREY,  GOODELL,  HAWLEY,  JORDAN,
         P. LOPEZ,  TENNEY,  THIELE,  WALTER  --  read once and referred to the
         Committee on Labor
       AN ACT to amend the labor law, in relation  to  enacting  the  "scaffold
         reform act"
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. This act shall be known and may be cited as  the  "scaffold
    2  reform act".
    3    S 2. The labor law is amended by adding a new section 241-c to read as
    4  follows:
    5    S  241-C. COUNTIES GRANTED LOCAL OPTION. 1.  COUNTIES SHALL BE GRANTED
    6  A LOCAL OPTION TO REQUIRE CONTRACTORS WORKING ON PROJECTS  WITHIN  THEIR
    7  RESPECTIVE  JURISDICTIONS  TO  COMPLY WITH THE REGULATIONS AND STANDARDS
    8  SET FORTH BY THE UNITED STATES DEPARTMENT OF LABOR  OCCUPATIONAL  SAFETY
    9  AND  HEALTH  ADMINISTRATION AND APPLICABLE STATE REGULATIONS, INSTEAD OF
   10  THE REQUIREMENTS OF SECTIONS TWO HUNDRED FORTY,  TWO  HUNDRED  FORTY-ONE
   11  AND TWO HUNDRED FORTY-ONE-A OF THIS ARTICLE.
   12    2.  CONTRACTORS  AND EMPLOYEES IN SUCH COUNTIES THAT OPT NOT TO FOLLOW
   13  SUCH PROVISIONS OF SECTIONS TWO HUNDRED FORTY, TWO HUNDRED FORTY-ONE AND
   14  TWO HUNDRED FORTY-ONE-A OF THIS ARTICLE SHALL BE SUBJECT TO  A  CONTRIB-
   15  UTORY  NEGLIGENCE  STANDARD  THAT  HOLD  EMPLOYEES RESPONSIBLE FOR THEIR
   16  CULPABLE CONDUCT. SUCH CONDUCT SHALL INCLUDE, BUT NOT BE LIMITED TO:
   17    (A) ANY EMPLOYEE WHO FAILS TO FOLLOW SAFETY INSTRUCTIONS OR SAFE  WORK
   18  PRACTICES PROVIDED IN ACCORDANCE WITH APPROVED TRAINING COURSES, INCLUD-
   19  ING,  BUT  NOT LIMITED TO, COURSES PROVIDED BY THE UNITED STATES DEPART-
   20  MENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION  OR  BY  THE
   21  DEPARTMENT;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00894-01-3
       A. 1556                             2
    1    (B)  ANY EMPLOYEE WHO FAILS TO USE SAFETY DEVICES FURNISHED ON THE JOB
    2  SITE; OR
    3    (C)  ANY EMPLOYEE WHO WAS INJURED WHILE IMPAIRED BY THE USE OF ALCOHOL
    4  OR DRUGS OR WHILE COMMITTING A CRIME.
    5    3. THE COMMISSIONER SHALL PROMULGATE ANY RULES AND REGULATIONS  NECES-
    6  SARY  FOR  THE  IMPLEMENTATION  OF THIS SECTION TO AUTHORIZE COUNTIES TO
    7  EXERCISE THIS LOCAL OPTION.  THE PROCESS FOR THE IMPLEMENTATION OF  SUCH
    8  RULES  AND  REGULATIONS  SHALL INCLUDE, BUT NOT BE LIMITED TO, CONSULTA-
    9  TIONS WITH BUSINESSES AND LABOR, MANDATORY PUBLIC HEARINGS AND  APPROVAL
   10  BY THE COUNTY GOVERNING BODY.
   11    S  3.  This  act shall take effect on the ninetieth day after it shall
   12  have become a law.