STATE OF NEW YORK
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.
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
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.