NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1697
SPONSOR: Galef (MS) TITLE OF BILL: An act to amend the labor law, in relation to requir-
ing sanitation workers to receive training
PURPOSE OR GENERAL IDEA OF BILL: Amend the Labor Law by requiring
sanitation workers to receive training specific to their work.
SUMMARY OF SPECIFIC PROVISIONS: Labor Law is amended by adding a new
article 23-c. Article 23-c defines department, employee, and employer.
It details the training setting forth responsibilities and requirements
for trainers and trainees. It also describes the nature, timing, and
frequency of the training in addition to record-keeping requirements and
approved agencies that can provide the training.
JUSTIFICATION: Sanitation work is a dangerous and often fatal occupa-
tion. In July of 2005, John-Paul Rodrigues, a twenty-four year old
Ossining sanitation worker, died after a fall from the back of a sanita-
tion truck. His death followed other sanitation worker deaths in West-
chester County occurring over the previous few years. Since Rodrigues'
death, a Bronx sanitation worker died from injuries sustained from a
sanitation truck fall in 2006, and a nineteen-year old Town of Babylon
seasonal worker died from a head injury after he fell from a moving
truck in July, 2007.
According to a May 1997 National Institute for Occupational Safety and
Health (NIOSH) report, many sanitation worker fatalities occur when
workers fall o are struck by refuse collection vehicles, The National
traumatic Occupational Fatalities surveillance system indicated that
between 1980 and 1992, 450 workers aged 16 or older died in incidents
related to refuse collection; 303 of these incidents were vehicle
related. Of the vehicle related deaths, 36% occurred when the worker
slipped or fell from a refuse collection vehicle, was struck or run over
by the vehicle, or fell and was struck or run over by the refuse
collection vehicle, 18% of the 110 fatalities occurred when the refuse
collection truck was backing up.
Deaths from traumatic occupational injuries represent a significant
public health concern, having enormous emotional and financial repercus-
sions on affected families and society. These deaths are preventable.
NIOSH has reported that sanitation employers and workers may not be
fully aware of or are complacent about the hazards of riding on the
working near moving refuse collection vehicles. NIOSH recommendations
include annual land refresher training for all sanitation workers which
has been mandated in this legislation.
There are minimal or no costs to municipalities for instituting sanita-
tion worker training. First, most if not all municipalities have train-
ing programs in place. Second, if there are no training programs, there
is training a no or little cost available through state grants, state-
wide and local unions like the Civil Service Employees Association, the
Public Employee Safety and Health Bureau of the New York State Depart-
ment of Labor (PEST-1), and the National Solid Waste management Associ-
ation.
PRIOR LEGISLATIVE HISTORY:
A.432 and S.2831 of 2011/2012
A.7437-B and S.5117-B of 2009/2010
Similar to A.9919 and S.7824 in 2007/2008
FISCAL IMPLICATIONS: Minimal to none for municipalities.
EFFECTIVE DATE: This act shall take effect on the one hundred eight-
ieth day after it shall have become a law; provided, however, that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date is authorized and directed to be made and completed on or
before such effective date.
