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S07677 Summary:

S07677 Actions:

S07677 Floor Votes:

S07677 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7677
 
                    IN SENATE
 
                                      June 13, 2012
                                       ___________
 
        Introduced  by Sens. GRISANTI, MARTINS, ZELDIN -- read twice and ordered
          printed, and when printed to be committed to the Committee on Rules
 
        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

        S. 7677                             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.