Enacts the "roadway excavation quality assurance act"; relates to workers on excavations; provides that utility companies or their contractors shall use competent workers and shall pay the prevailing wage on projects where a permit to use or open a street is required to be issued.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3328
SPONSOR: Wright TITLE OF BILL:
An act to amend the labor law, in relation to enacting the "roadway
excavation quality assurance act"
PURPOSE:
Provides that utility companies shall use competent workers and shall
pay the prevailing wage on projects where a permit to use or open a
street is issued.
SUMMARY OF PROVISIONS:
Section one of the bill amends the labor law by providing a new section
entitled, "Workers on Excavations." It provides that utility companies
or their contractors, to whom a permit to use or open a street has been
issued, shall use only competent workers skilled in the required work,
and that the prevailing wage for similar titles shall be paid.
EXISTING LAW:
Subdivision 3-a(e) of section 220 of the labor law requires utility
companies and their contractors and subcontractors to agree to use
competent, skilled workers and to pay prevailing wages where required by
local law as a condition for issuance of a permit to use or open a
street.
JUSTIFICATION:
Currently, utility companies and their contractors are required to use
skilled, competent workers and pay prevailing wages in localities that
require these conditions to obtain a work permit to use or open a
street. Existing regulations by OSHA and the State Department of Labor
additionally require utility contractors throughout New York to provide
training in safe-practices to their workers. Street excavation is
dangerous for both workers and the public when the individuals perform-
ing the excavation are unskilled. Broken gas lines or communication
cables can cause great disruption to local neighborhoods. The success of
a similar law passed by New York city led the Legislature to support
similar efforts by ,other municipalities with the enactment of chapter
591 of the laws of 2008. This bill will extend protection to the public
and workers throughout New York whenever state contracts require the use
of dangerous excavation work.
FISCAL IMPLICATIONS:
None.
LEGISLATIVE HISTORY:
2013-2014: A.5234 2011-2012: A.6970
A.404B of 2010: Passed Assembly
A.3628 of 2008: Passed Assembly
A.6624 of 2006: Passed Assembly
A.8168 of 2003: Reported to Labor
A.7431 of 2002: Referred to Labor
A.7075 of 2000: Referred to Labor
EFFECTIVE DATE:
Thirty days following enactment.
