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A09546 Summary:

BILL NOA09546A
 
SAME ASSAME AS S08659
 
SPONSORDickens
 
COSPNSRZinerman, Griffin
 
MLTSPNSRBrabenec, Simon
 
Add 256, amd 27, Lab L
 
Establishes safety measures for hoisting; requires the commissioner of labor to promulgate rules and regulations pertaining to safety every ten years.
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A09546 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9546--A
 
                   IN ASSEMBLY
 
                                     March 16, 2022
                                       ___________
 
        Introduced  by M. of A. DICKENS, ZINERMAN -- Multi-Sponsored by -- M. of
          A. BRABENEC, SIMON -- read once and referred to the Committee on Labor
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and recommitted to said committee
 
        AN  ACT to amend the labor law, in relation to establishing safety meas-
          ures for hoisting and requiring the commissioner of labor  to  promul-
          gate rules and regulations pertaining to safety every ten years
 
          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  256  to
     2  read as follows:
     3    § 256. Hoisting safety. 1. For the purposes of this section:
     4    (a)  "Active  load  stabilization mechanism" means any external device
     5  attached to the bottom hook of a crane or similar lifting  machine  that
     6  stabilizes  any  load with computerized control and human input in order
     7  to enhance worker safety.
     8    (b) "Passive load stabilization mechanism" means any  external  device
     9  attached  to  the bottom hook of a crane or similar lifting machine that
    10  uses the natural environment to manipulate any load with human input.
    11    (c) "Fall zone" means the area, including, but  not  limited  to,  the
    12  area  directly  beneath  the load, in which it is reasonably foreseeable
    13  that partially or completely suspended materials could fall in the event
    14  of an accident.
    15    (d) "Tilt-up or tilt-down operation" means raising or lowering a  load
    16  from horizontal to vertical or from vertical to horizontal.
    17    (e)  "Boom  free  fall" means that only the brake or clutch is used to
    18  regulate the descent of the load line from an inclined spar,  strut,  or
    19  other long structural member which supports the upper hoisting tackle on
    20  a crane or derrick.
    21    2.  Where  available,  hoisting  routes  that minimize the exposure of
    22  employees to hoisted loads shall be used, to the extent consistent  with
    23  public safety.
    24    3.  While  the  operator  is  not moving a suspended load, no employee
    25  shall be within the fall zone, except for employees:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13395-03-2

        A. 9546--A                          2
 
     1    (a) engaged in hooking, unhooking or guiding a load;
     2    (b)  engaged  in  the initial attachment of the load to a component or
     3  structure; or
     4    (c) operating a concrete hopper or concrete bucket.
     5    4. When employees are engaged in hooking, unhooking,  or  guiding  the
     6  load in the initial connection of a load to a component or structure and
     7  are within the fall zone, all of the following criteria must be met:
     8    (a) if the materials being hoisted are under three thousand pounds and
     9  the swing or spin of the load does not present a risk of critical injury
    10  as  determined  by  the project manager or safety engineer, a tagline or
    11  other passive load stabilization mechanism shall  be  used  to  manually
    12  stabilize the materials;
    13    (b)  if  the materials being hoisted are over three thousand pounds or
    14  present a risk of critical injury as determined by the  project  manager
    15  or  safety  engineer,  an  active  load stabilization mechanism shall be
    16  used;
    17    (c) the materials being hoisted shall be rigged  to  prevent  uninten-
    18  tional displacement;
    19    (d) hooks with self-closing latches or their equivalent shall be used,
    20  except  that  "J" hooks shall be permitted to be used for setting wooden
    21  trusses; and
    22    (e) the materials shall be rigged by a qualified rigger.
    23    5. Only employees needed to receive a load shall be  permitted  to  be
    24  within the fall zone when a load is being landed.
    25    6. During a tilt-up or tilt-down operation:
    26    (a) no employee shall be directly under the load;
    27    (b)  only  employees  essential to the operation shall be permitted in
    28  the fall zone, but shall not be permitted to be directly under the load.
    29  An employee is essential to the operation if such employee is conducting
    30  one of the following operations and the employer can demonstrate  it  is
    31  infeasible  for such employee to perform that operation from outside the
    32  fall zone:
    33    (i) physically guide the load;
    34    (ii) closely monitor and give instructions regarding the load's  move-
    35  ment; or
    36    (iii)  either  detach  the  load  from or initially attach the load to
    37  another component or structure, such as, but not limited to,  making  an
    38  initial connection or installing bracing.
    39    7.  Boom  free fall is prohibited when an employee is in the fall zone
    40  of the boom or load, and load line  free  fall  is  prohibited  when  an
    41  employee is directly under the load.
    42    § 2. Subdivision 2 of section 27 of the labor law is amended by adding
    43  a new paragraph g to read as follows:
    44    g. The commissioner shall, every ten years, promulgate rules and regu-
    45  lations,  or  amend  existing rules and regulations relating to outdated
    46  and unsafe technologies with the best available technologies at the time
    47  of such promulgation or amendment. In developing such  rules  and  regu-
    48  lations, the commissioner shall:
    49    (i)  Contract  occupational  health  professionals,  industrial safety
    50  engineers, and mechanical engineers to provide expert assistance in  the
    51  replacement of outdated standards; and
    52    (ii)  Conduct  public  hearings  on  new regulations where businesses,
    53  unions, and members of the general public have the opportunity to  speak
    54  on proposals, provide recommendations, and add amendments.
    55    § 3. This act shall take effect immediately.
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