Bill Text: NY A02201 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to mandatory training and qualifications of persons engaged in the construction and demolition of buildings in cities with a population of one million or more.
Spectrum: Strong Partisan Bill (Democrat 12-1)
Status: (Introduced - Dead) 2020-01-08 - referred to labor [A02201 Detail]
Download: New_York-2019-A02201-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2201 2019-2020 Regular Sessions IN ASSEMBLY January 22, 2019 ___________ Introduced by M. of A. BARNWELL -- Multi-Sponsored by -- M. of A. COLTON, COOK, D'URSO, HYNDMAN, LENTOL, MONTESANO, PHEFFER AMATO, SIMO- TAS, 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 in a city with a population of one million or more The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The labor law is amended by adding a new section 819-a to 2 read as follows: 3 § 819-a. Apprenticeship training and qualifications. 1. This section 4 shall apply to cities with a population of one million or more. 5 2. For purposes of this section: 6 (a) "apprentice" shall mean a worker who is employed and registered to 7 learn a skilled trade through a department or United States department 8 of labor registered apprenticeship program; 9 (b) "apprenticeship program" shall mean a plan containing all terms 10 and conditions for the qualification, recruitment, selection, employment 11 and training of apprentices, and registered with the department or the 12 United States department of labor; and 13 (c) "bona fide construction site safety training program" shall mean a 14 training program authorized and approved by the commissioner for the 15 trade or craft for which a person is employed that provides a minimum 16 number of required hours for completion in safety related instruction 17 and a minimum number of required hours of on the job training commensu- 18 rate with, at least, one year of apprenticeship training in accordance 19 with the standards set forth in section eight hundred fifteen of this 20 article and paragraph (4) of subdivision (c) of section 601.5 of title 21 12 of the New York codes, rules and regulations. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02203-01-9A. 2201 2 1 3. (a) All workers before working at or on, a building site, or demo- 2 lition site, four or more stories, or forty or more feet (12 192 mm) in 3 height, must complete a bona fide construction site safety training 4 program, and either be a registered apprentice, or graduated from an 5 apprenticeship program, or be an experiences, trained, and skilled 6 person that has received training commensurate with that required for 7 registered apprentices including related instruction and on the job 8 training in accordance with the standards set forth in section eight 9 hundred fifteen of this article and paragraph (4) of subdivision (c) of 10 section 601.5 of title 12 of the New York codes, rules and regulations. 11 (b) All workers employed at a building site, or demolition site, four 12 or more stories, or forty or more feet (12 192 mm) in height, must have 13 successfully completed, within the previous five calendar years, a 14 course that is at least ten hours in length and approved by the United 15 States department of labor occupational safety and health administration 16 (OSHA) in construction industry safety and health, or by the commission- 17 er covering substantially the same material. However, a worker need not 18 take a subsequent course that is at least ten hours in length and 19 approved by OSHA in construction industry safety and health, or a subse- 20 quent course approved by the commissioner covering substantially the 21 same material, provided the worker has, within the previous five calen- 22 dar years, accumulated at least five safety education units (SEU) for 23 construction safety and health through training courses offered by a 24 safety training program conducted by a department approved training 25 provider registered apprenticeship program. A worker shall be credited 26 one SEU for every four hours of construction safety and health related 27 training completed, with a maximum of two SEUs assigned for any single 28 course. Such SEU courses shall be conducted by, or under the supervision 29 of OSHA authorized construction safety trainers. Instructors who are 30 not OSHA authorized construction trainers must be experienced in 31 presenting the related course subject matter, and use a curriculum 32 approved by their supervising OSHA authorized construction safety train- 33 er. 34 (c) Each worker who works at a building site, or at a demolition site, 35 that is four or more stories, or forty or more feet (12 192mm) in 36 height, and/or a site that satisfies other criteria as the commissioner 37 may establish by rule, must be: 38 (i) a registered apprentice as defined in this article or a graduate 39 of an apprenticeship program as defined in this article, registered by 40 the department or United States department of labor in the trade for 41 which such worker is employed, or 42 (ii) an experienced, trained, and skilled person that has received 43 training commensurate with that required for registered apprentices 44 including relate instruction and on the job training in accordance with 45 the standards set forth in section eight hundred fifteen of this article 46 and paragraph (4) of subdivision (c) of section 601.5 of title 12 of the 47 New York codes, rules and regulations. 48 (d) If at any time, any individual, contractor, sub-contractor, devel- 49 oper, limited liability company (LLC), limited liability partnership 50 (LLP), partnership, corporation, or any other legal entity employs 51 and/or hires any worker on a building site, demolition site, or any 52 project site, which is four or more stories, or forty or more feet (12 53 182 mm) in height, and such worker is not a registered apprentice, or 54 has not completed an apprenticeship program, or is not an experienced, 55 trained, and skilled person that has received training commensurate with 56 that required for registered apprentices including related instructionA. 2201 3 1 and on the job training in accordance with the standards set forth in 2 section eight hundred fifteen of this article and paragraph (4) of 3 subdivision (c) of section 601.5 of title 12 of the New York codes, 4 rules and regulations, and has not completed a bona fide construction 5 site safety training program or its equivalent approved by the commis- 6 sioner, the project shall immediately terminate, and all permits, 7 contracts, or any other legal documents allowing such construction, 8 modification, or demolition, will be revoked permanently, and such indi- 9 vidual, and all contractors, sub-contractors, developers, and all 10 members, managers, directors, or any authorized person of the LLC, LLP, 11 partnership, developer, corporation, or any other legal entity responsi- 12 ble for the hiring of such worker who hasn't completed such qualifica- 13 tions and requirements as mandated by this article, shall be responsible 14 for a violation of this section. 15 (e) Before any building or demolition work occurs on projects in which 16 the site is four or more stories, or forty or more feet (12 192 mm) in 17 height, each individual person, contractor, sub-contractor, LLC, LLP, 18 corporation, partnership, developer, or any other legal entity responsi- 19 ble or involved on or with such building or demolition project, shall 20 disclose to the commissioner the names and residence addresses of all 21 members, managers, directors, and any authorized person of such LLC, 22 LLP, corporation, partnership, developer, partnership, and/or legal 23 entity. 24 (f) Any individual person, contractor, sub-contractor, developer, LLC, 25 LLP, partnership, corporation, or any other legal entity who knowingly 26 or intentionally hires a worker, or allows such worker, who is not a 27 registered apprentice as defined in this article, or who is not a worker 28 who has completed an apprenticeship program as defined in this article, 29 or who is not an experienced, trained, and skilled person that has 30 received training commensurate with that required for registered appren- 31 tices including related instruction and on the job training in accord- 32 ance with the standards set forth in section eight hundred fifteen of 33 this article and paragraph (4) of subdivision (c) of section 601.5 of 34 title 12 of the New York codes, rules and regulations, and who has not 35 completed a bona fide construction site safety training program or its 36 equivalent approved by the commissioner pursuant to this article, to 37 work on any building project, demolition project, or any other type of 38 project in which the site is four or more stories, or forty or more 39 feet (12 192 mm) in height, such individual, contractor, sub-contractor, 40 developer, LLC, LLP, partnership, corporation, or any other legal enti- 41 ty, shall forever be barred from receiving, obtaining, or being granted 42 a license, application, permit, contract, right, or any other type of 43 document, legal or not, that allows such individual, contractor, sub- 44 contractor, developer, LLC, LLP, partnership, corporation, or any other 45 legal entity who violates this article from building, demolishing, modi- 46 fying, working on, overseeing, volunteering, hiring any individuals such 47 as, but not limited to, a contractor, or any sub-contractors, or profit- 48 ing, on any project in which the site is four or more stories, or forty 49 or more feet (12 192 mm) in height. 50 (g) No permit, contract, license, right, application, or any other 51 type of legal or non-legal document granting the right to build, 52 construct, modify, or demolish any building, for which work is done on a 53 site which is four or more stories, or forty or more feet (12 192 mm) in 54 height, shall be awarded to any person, contractor, sub-contractor, 55 developer, LLC, LLP, corporation, partnership, or any other legal enti- 56 ty, who has ever previously knowingly or intentionally hired or allowedA. 2201 4 1 a worker, to work on any project in which the site was four or more 2 stories, or forty or more feet (12 192 mm) in height, who was not a 3 registered apprentice as defined in this article, or who was not a work- 4 er who has completed an apprenticeship program as defined in this arti- 5 cle, or who was not an experienced, trained, and skilled person that has 6 received training commensurate with that required for registered appren- 7 tices including related instruction and on the job training in accord- 8 ance with the standards set forth in section eight hundred fifteen of 9 this article and paragraph (4) of subdivision (c) of section 601.5 of 10 title 12 of the New York codes, rules and regulations, and who had not 11 completed a bona fide construction site safety training program or its 12 equivalent approved by the commissioner pursuant to this article. 13 (h) At no time after a building, or demolition project begins in which 14 the site is four or more stories, or forty or more feet (12 192 mm) in 15 height, shall a person, contractor, sub-contractor, developer, LLC, LLP, 16 corporation, partnership, or any other legal entity have an individual 17 as manager, member, director, stock holder, or anyone authorized by such 18 person, contractor, sub-contractor, developer, LLC, LLP, corporation, 19 partnership, or any other legal entity who has ever been knowingly or 20 intentionally hired, or allowed such an individual worker to work on, 21 any project in which the site was four or more stories, or forty or more 22 feet (12 192 mm) in height, when such worker did not have the proper 23 qualifications and training pursuant to this article. If such an indi- 24 vidual becomes a manager, member, director, stockholder or collects 25 financial resources or any other financial benefit from such contractor, 26 sub-contractor, developer, LLC, LLP, corporation, partnership, or any 27 other legal entity, the project shall immediately be terminated and all 28 permits, rights, applications, licenses, contracts, and any other legal 29 or non-legal documents allowing the construction, modification, project, 30 and/or demolition, shall be terminated. 31 (i) Upon completion of a bona fide construction site safety training 32 program, and an apprenticeship program as required by the commissioner 33 pursuant to the standards set forth in section eight hundred fifteen of 34 this article and paragraph (4) of subdivision (c) of section 601.5 of 35 title 12 of the New York codes, rules and regulations, the worker shall 36 receive and must be provided paperwork from the commissioner proving 37 completion of such programs and requirements. The commissioner must 38 provide documentation to an apprentice, proving such apprentice is a 39 worker who is employed and registered to learn a skilled trade through a 40 department or United States department of labor registered apprentice- 41 ship program. The commissioner must also provide documentation to other 42 qualifying individuals, proving that such an individual is an experi- 43 enced, trained, and skilled person that has received training commensu- 44 rate with that required for registered apprentices including related 45 instruction and on the job training in accordance with the standards set 46 forth in section eight hundred fifteen of this article and paragraph (4) 47 of subdivision (c) of section 601.5 of title 12 of the New York codes, 48 rules and regulations. 49 (j) Before the hiring of any worker on projects which the site is four 50 or more stories, or forty or more feet (12 192 mm) in height, the 51 person, contractor, sub-contractor, developer, LLC, LLP, corporation, 52 partnership, or any other legal entity, responsible for the hiring of 53 such individual worker must request from such worker, and be provided 54 paperwork from such worker, proving such worker completed a bona fide 55 construction site safety training program, and is either a registered 56 apprentice, or completed an apprenticeship program, or, is an experi-A. 2201 5 1 enced, trained, and skilled person that has received training commensu- 2 rate with that required for registered apprentices including related 3 instruction and on the job training in accordance with the standards set 4 forth in section eight hundred fifteen of this article and paragraph (4) 5 of subdivision (c) of section 601.5 of title 12 of the New York codes, 6 rules and regulations. Only the documentation provided to the worker by 7 the commissioner shall be sufficient for proof of completion of the 8 requirements and qualifications of this article. If a worker does not 9 provide this documentary proof, the individual worker shall not be 10 hired. 11 (k) On projects which the site is four or more stories, or forty or 12 more feet (12 192 mm) in height, any individual person, contractor, 13 sub-contractor, developer, LLC, LLP, corporation, partnership, or any 14 other legal entity, who knowingly or intentionally hires a worker, or 15 allows a worker, who has not completed a bona fide construction site 16 safety training program and who is not a registered apprentice, or who 17 has not completed an apprenticeship program, or who is not an experi- 18 enced, trained, and skilled person that has received training commensu- 19 rate with that required for registered apprentices including related 20 instruction and on the job training in accordance with the standards set 21 forth in section eight hundred fifteen of this article and paragraph (4) 22 of subdivision (c) of section 601.5 of title 12 of the New York codes, 23 rules and regulations, to work on such a project, such individual, 24 contractor, sub-contractor, developer, LLC, LLP, corporation, partner- 25 ship, or any other legal entity shall be fined by the commissioner twen- 26 ty-five thousand dollars per violation of hiring such a worker who has 27 not completed the requirements or qualifications in this article. The 28 individual, contractor, sub-contractor, developer, LLC, LLP, corpo- 29 ration, partnership, or any other legal entity, responsible for the 30 hiring and/or supervision of the workers on the project shall be fined 31 fifty thousand dollars, per day, per worker, if such worker is allowed 32 to work on a project four or more stories, or forty or more feet (12 192 33 mm) in height, who has not completed a bona fide construction site safe- 34 ty training program and who is not a registered apprentice, or who has 35 not completed an apprenticeship program, or who is not an experienced, 36 trained, and skilled person that has received training commensurate with 37 that required for registered apprentices including related instruction 38 and on the job training in accordance with the standards set forth in 39 section eight hundred fifteen of this article and paragraph (4) of 40 subdivision (c) of section 601.5 of title 12 of the New York codes, 41 rules and regulations. 42 (l) On projects which the site is four or more stories, or forty or 43 more feet (12 192 mm) in height, it shall not be a defense for any indi- 44 vidual person, contractor, sub-contractor, developer, LLC, LLP, corpo- 45 ration, partnership, or any other legal entity, responsible for hiring, 46 or supervising workers, to maintain they did not know such worker did 47 not complete a bona fide construction site safety training program, and 48 that the worker was not a registered apprentice; that the worker had not 49 completed an apprenticeship program; or that the worker did not have the 50 experience, training, and skill as a person that has received training 51 commensurate with that required for registered apprentices including 52 related instruction and on the job training in accordance with the stan- 53 dards set forth in section eight hundred fifteen of this article and 54 paragraph (4) of subdivision (c) of section 601.5 of title 12 of the New 55 York codes, rules and regulations, because the individual or entity in 56 charge of hiring and/or supervision did not ask, or was not providedA. 2201 6 1 such proof of completion of such requirements and qualifications by the 2 worker. Not asking the worker for proof of compliance with such require- 3 ments and qualifications under this article, yet still hiring such work- 4 er, or allowing the worker to work on such a project, shall be treated 5 as the individual person, contractor, sub-contractor, developer, LLC, 6 LLP, corporation, partnership, or any other legal entity, knowingly or 7 intentionally hiring an individual worker, or allowing such worker to 8 work on such project, without being provided proof of the requirements 9 and qualifications of this article. 10 (m) Nothing in this article, shall prevent additional fines or prose- 11 cution of any individual person, contractor, sub-contractor, developer, 12 LLC, LLP, corporation, partnership, or any other legal entity, for any 13 violation of this section, or any other section under this article. 14 § 2. Severability. If any clause, sentence, paragraph, section or part 15 of this act shall be adjudged by any court of competent jurisdiction to 16 be invalid and after exhaustion of all further judicial review, the 17 judgment shall not affect, impair or invalidate the remainder thereof, 18 but shall be confined in its operation to the clause, sentence, para- 19 graph, section or part of this act directly involved in the controversy 20 in which the judgment shall have been rendered. 21 § 3. This act shall take effect immediately.
