S T A T E   O F   N E W   Y O R K
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                                  1241

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. LANCMAN, JEFFRIES, KELLNER, PHEFFER -- read once
  and referred to the Committee on Cities

AN ACT establishing the "New York city construction safety task force"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    Legislative  findings. The legislature hereby finds and
declares that the health and safety of  the  population  living  in  and
around  the many construction projects within the densely populated city
of New York is a matter of state concern as  pressure  mounts  to  build
more  and  more while completing projects in the shortest time possible.
Construction is the most dangerous occupation,  with  death  rates  four
times   the  average  for  other  workers  and  conditions  adjacent  to
construction sites dangerous to the public.  Recent  construction  acci-
dents  involving  cranes,  for example, have killed construction workers
and members of the public, and have  resulted  or  will  result  in  the
expenditure  of  state  resources for emergency services, court adminis-
tration and infrastructure repair.  Additionally, two  senior  buildings
department  officials  were  recently  charged with various state crimes
related to their failure to perform their duties and to  protect  public
safety. Construction safety in the city of New York is covered by feder-
al,  state  and local statutes, regulations and agencies and can only be
achieved through proper coordination and cooperation among the  federal,
state  and  local  government.  Testimony  at a 2008 legislative hearing
focused on safety problems in the New York City  construction  industry,
including the lack of coordination, cooperation and joint planning among
and between participants in the construction industry in the City of New
York, including workers, industry, safety advocacy organizations and the
federal, state and local government. The establishment of a construction
safety  task  force with membership from these various constituencies is
essential to accomplishing the state's concern that the health and safe-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD01048-01-9

A. 1241                             2

ty of the population living in and around the many construction projects
within the densely populated city of New York be protected.
  S  2.  There  is hereby created the "New York city construction safety
task force" to advise the city  on  issues  related  to  safety  in  the
construction  industry  in New York city and to propose changes in rules
and regulations, licensing requirements, enforcement, training  and  any
other issue concerning safety in the construction industry.
  S  3.  Such  task  force  shall  consist of not less than thirty-eight
members as follows:  (a) the mayor or the  mayor's  designee  who  shall
serve as chair, the commissioners of the departments of Buildings, Hous-
ing Preservation & Development, Environmental Protection, Fire, Investi-
gation,  Health  and  Mental  Hygiene  and  City Planning; (b) the state
commissioner of labor and two other representatives from the  department
of  labor;  (c)  ten  representatives  from New York state AFL-CIO labor
unions representing  construction  industry  workers  appointed  by  the
mayor;  (d)  ten  representatives  from building owners, contractors and
industry trade groups appointed by the mayor;  (e)  two  representatives
from  immigrant  advocacy  organizations appointed by the mayor; (f) two
representatives from workplace safety advocacy  organizations  appointed
by  the mayor; and (g) three representatives from the New York City AFL-
CIO Building and Construction Trade  Council.    The  mayor  shall  also
invite  representatives from the federal Occupational Safety  and Health
Administration to serve on the task force.
  S 4. Such task force shall meet  at  least  quarterly  and  produce  a
report  at  least annually to the mayor of the city of New York, the New
York city council, governor, temporary president of the senate,  speaker
of  the  assembly, minority leader of the senate and the minority leader
of the assembly.   Such report shall include, but  not  be  limited  to,
statistics  on  accidents  and injuries occurring on construction sites.
Such statistics shall be compiled by county and by size of project.
  S 5. The members of the task force shall serve  without  compensation,
except  that  they  shall be allowed their necessary and actual expenses
incurred in the performance of their duties under this title.
  S 6. This act shall take effect immediately.