STATE OF NEW YORK
________________________________________________________________________
10677
IN ASSEMBLY
June 14, 2012
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Gabryszak)
-- read once and referred to the Committee on Labor
AN ACT to amend the labor law, in relation to requiring employers to
provide emergency escape systems to firefighters
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph c of subdivision 4 of section 27-a of the labor
2 law, as amended by chapter 433 of the laws of 2007, is amended to read
3 as follows:
4 c. Except for an employer located in a city with a population of over
5 one million, any employer who employs a firefighter determined to be at
6 risk of entrapment at elevations pursuant to regulations promulgated by
7 the commissioner, shall provide [safety ropes and system components]
8 emergency escape systems for use by such firefighter. The commissioner
9 shall by rule [adopt] identify the codes, standards and recommended
10 practices [promulgated by the most recent edition] of the National Fire
11 Protection Association [1983, Standard on Fire Service Life Safety Rope
12 and System Components, and] and other appropriate standards approved by
13 the commissioner as are appropriate to the nature of the risk to which
14 the firefighter shall be exposed and shall, at a minimum, include in
15 such rule language requiring employers to (1) identify whether fire-
16 fighters employed by them would be exposed to the hazard of entrapment
17 at elevated surfaces; (2) identify those firefighters who would be
18 exposed to the hazard; and (3) determine the appropriate emergency
19 escape systems to address the hazard. Such [safety ropes and system
20 components] emergency escape systems shall be adequate to protect the
21 health and safety of the firefighter. The employer shall ensure that the
22 firefighter is instructed in the proper use of the [safety ropes and
23 system components] emergency escape systems. As used in this subdivi-
24 sion, the term "entrapment at elevations" shall mean a situation where a
25 fire or other emergency conditions require a firefighter inside a struc-
26 ture to immediately exit the structure but where such conditions make
27 the normal route of exit unusable, thereby requiring the firefighter to
28 exit the structure from an opening that is not designed as an exit and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16238-02-2
A. 10677 2
1 is above the ground floor or at an elevation above the surrounding
2 terrain that would reasonably be expected to cause injury to a fire-
3 fighter exiting by means of this opening without any emergency escape
4 systems. As used in this subdivision, the term "emergency escape system"
5 shall mean safety ropes and system components and any other system that
6 (1) is compliant with the codes, standards and recommended practices of
7 the National Fire Protection Association or other appropriate standard
8 identified by the commissioner through regulation, as a means of emer-
9 gency self-rescue from an above grade, immediately hazardous environ-
10 ment, (2) has been certified by a nationally recognized safety testing
11 and certification organization, and (3) the commissioner has recognized
12 through regulation.
13 In order to ensure the adequacy of the [safety ropes and system compo-
14 nents] emergency escape systems, the employer must routinely inspect and
15 ensure that:
16 (1) Existing [safety ropes and system components] emergency escape
17 systems meet the codes, standards and recommended practices adopted by
18 the commissioner.
19 (2) Existing [safety ropes and system components] emergency escape
20 systems still perform their function and to identify any of their limi-
21 tations such as but not limited to:
22 (i) Checking the labels or stamps on the equipment; and
23 (ii) Checking any documentation or equipment specifications; and
24 (iii) Contacting the supplier or the approval agency;
25 (3) Firefighters are informed of the limitations of [any safety ropes
26 and system components] emergency escape systems;
27 (4) Firefighters are not allowed or required to use any [safety ropes
28 or system components] emergency escape systems beyond their limitations;
29 (5) Existing and new [safety ropes and system components] emergency
30 escape systems have no visible defects that limit their safe use;
31 (6) [Safety ropes and system components] Emergency escape systems are
32 used, cleaned, maintained and stored according to manufacturer's
33 instructions;
34 (7) The firefighter is instructed in identifying to the employer any
35 defects that the firefighter may find in [safety ropes and system compo-
36 nents] emergency escape systems; and
37 (8) Any identified defects are corrected or immediate action is taken
38 by the employer to eliminate the use of this equipment.
39 § 2. This act shall take effect on the thirtieth day after it shall
40 have become a law.
