Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to labor |
Jan 15, 2009 |
referred to labor |
Assembly Bill A2118
2009-2010 Legislative Session
Sponsored By
JOHN
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-A2118 (ACTIVE) - Details
- Current Committee:
- Assembly Labor
- Law Section:
- Labor Law
- Laws Affected:
- Amd ยง27-a, Lab L
- Versions Introduced in 2011-2012 Legislative Session:
-
A2419
2009-A2118 (ACTIVE) - Summary
Enhances civil penalty provisions for willful or repeat employer violations of public employee safety and health act to $300 a day; defines "willful" for purposes of such provision to mean instances where the employer is aware of the applicable requirement or regulation and the condition or practice in violation or is aware that it is hazardous to employees and "repeat" violation as being a violation where the employer had previously been issued an order to comply for a substantially similar violation at the same site; provides civil penalties be paid and deposited into the state school construction fund.
2009-A2118 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2118 2009-2010 Regular Sessions I N A S S E M B L Y January 15, 2009 ___________ Introduced by M. of A. JOHN -- read once and referred to the Committee on Labor AN ACT to amend the labor law, in relation to public employee safety and health THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs a, c and d of subdivision 6 of section 27-a of the labor law, paragraph a as amended by chapter 190 of the laws of 1990, paragraph c as added by chapter 729 of the laws of 1980 and para- graph d as amended by chapter 145 of the laws of 1993, are amended to read as follows: a. If the commissioner determines that an employer has violated a provision of this section, or a safety or health standard or regulation promulgated under this section, he or she shall with reasonable prompt- ness issue to the employer an order to comply which shall describe particularly the nature of the violation including a reference to the provision of this section, standard, regulation or order alleged to have been violated, shall fix a reasonable time for compliance and may estab- lish the penalty to be assessed for failure to correct the violation by the time fixed for compliance. An employer who fails to correct a non- serious violation by the time fixed for compliance may be assessed a civil penalty of up to fifty dollars per day until the violation is corrected. An employer who fails to correct a serious violation by the time fixed for compliance may be assessed a civil penalty of up to two hundred dollars per day until the violation is corrected. CIVIL PENAL- TIES FOR AN EMPLOYER FOUND TO BE A WILLFUL OR REPEAT VIOLATOR MAY BE ASSESSED FOR FAILURE TO CORRECT THE VIOLATION BY THE TIME FIXED FOR COMPLIANCE IN AN AMOUNT UP TO THREE HUNDRED DOLLARS PER DAY, UNTIL THE VIOLATION IS CORRECTED. ANY CIVIL PENALTIES ASSESSED PURSUANT TO THIS SUBDIVISION SHALL BE PAID AND DEPOSITED INTO THE STATE SCHOOL CONSTRUCTION FUND. Pursuant to section 18(k) of the United States Occu- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01923-01-9
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