Barclay, Crouch, Duprey, Hawley, Lopez P, Stec, Tenney, Thiele, Walter
Add S241-c, Lab L
Enacts the "scaffold reform act"; grants counties a local option to require contractors working on projects within their respective jurisdictions to comply with the regulations and standards set forth by the United States Department of Labor Occupational Safety and Health Organization and applicable state regulations; sets forth a contributory negligence standard for employees.
STATE OF NEW YORK
________________________________________________________________________
1556
2013-2014 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2013
___________
Introduced by M. of A. KOLB, REILICH, GIGLIO, CORWIN -- Multi-Sponsored
by -- M. of A. BARCLAY, CROUCH, DUPREY, GOODELL, HAWLEY, JORDAN,
P. LOPEZ, TENNEY, THIELE, WALTER -- read once and referred to the
Committee on Labor
AN ACT to amend the labor law, in relation to enacting the "scaffold
reform act"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "scaffold
2 reform act".
3 § 2. The labor law is amended by adding a new section 241-c to read as
4 follows:
5 § 241-c. Counties granted local option. 1. Counties shall be granted
6 a local option to require contractors working on projects within their
7 respective jurisdictions to comply with the regulations and standards
8 set forth by the United States Department of Labor Occupational Safety
9 and Health Administration and applicable state regulations, instead of
10 the requirements of sections two hundred forty, two hundred forty-one
11 and two hundred forty-one-a of this article.
12 2. Contractors and employees in such counties that opt not to follow
13 such provisions of sections two hundred forty, two hundred forty-one and
14 two hundred forty-one-a of this article shall be subject to a contrib-
15 utory negligence standard that hold employees responsible for their
16 culpable conduct. Such conduct shall include, but not be limited to:
17 (a) any employee who fails to follow safety instructions or safe work
18 practices provided in accordance with approved training courses, includ-
19 ing, but not limited to, courses provided by the United States Depart-
20 ment of Labor Occupational Safety and Health Administration or by the
21 department;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00894-01-3
A. 1556 2
1 (b) any employee who fails to use safety devices furnished on the job
2 site; or
3 (c) any employee who was injured while impaired by the use of alcohol
4 or drugs or while committing a crime.
5 3. The commissioner shall promulgate any rules and regulations neces-
6 sary for the implementation of this section to authorize counties to
7 exercise this local option. The process for the implementation of such
8 rules and regulations shall include, but not be limited to, consulta-
9 tions with businesses and labor, mandatory public hearings and approval
10 by the county governing body.
11 § 3. This act shall take effect on the ninetieth day after it shall
12 have become a law.
