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

                                  3314

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 26, 2009
                               ___________

Introduced  by M. of A. LANCMAN -- read once and referred to the Commit-
  tee on Labor

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation to enacting the "OSHA notification act"

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

  Section 1. This act shall be known and  may  be  cited  as  the  "OSHA
notification act."
  S  2.  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 danger-
ous to the public. Recent construction accidents 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  administration  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 federal, state and local statutes,  regu-
lations  and  agencies  and  can only be achieved through proper coordi-
nation 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  coordi-
nation  between the department of buildings and the federal Occupational
Safety and Health Administration.  Requiring the department of buildings
to report potential workplace safety hazards to OSHA, the entity respon-
sible for private sector workplace safety in New York, is  essential  to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05932-01-9
              

A. 3314                             2

accomplishing  the  state's  concern  that  the health and safety of the
population living in and around the many  construction  projects  within
the densely populated city of New York be protected.
  S 3. Section 27-102 of the administrative code of the city of New York
is amended to read as follows:
  S  27-102  Purpose. (A) The purpose of this code is to provide reason-
able minimum requirements and standards, based upon  current  scientific
and  engineering  knowledge, experience and techniques, and the utiliza-
tion of modern machinery, equipment, materials, and forms and methods of
construction, for the regulation of building construction in the city of
New York in the interest of public safety, health and welfare, and  with
due regard for building construction and maintenance costs.
  (B)  THE  COMMISSIONER SHALL REPORT TO THE FEDERAL OCCUPATIONAL SAFETY
AND HEALTH ADMINISTRATION ANY VIOLATIONS OF  THIS  CODE,  WHICH  IN  THE
DEPARTMENT'S JUDGMENT, WOULD POTENTIALLY ENDANGER WORKPLACE SAFETY.  THE
COMMISSIONER  SHALL  FURTHER SUBMIT AN ANNUAL REPORT TO THE MAYOR OF THE
CITY OF NEW YORK, THE NEW YORK CITY COUNCIL, THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEAD-
ER OF THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY.   SUCH  REPORT
SHALL INCLUDE, BUT NOT BE LIMITED TO, THE NUMBER AND TYPES OF VIOLATIONS
REPORTED TO THE FEDERAL OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION.
  S 4. This act shall take effect immediately.