S T A T E   O F   N E W   Y O R K
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                                  1778

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 6, 2009
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Housing, Construction  and
  Community Development

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-

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

S. 1778                             2

sible  for  private sector workplace safety in New York, is essential to
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.