S T A T E   O F   N E W   Y O R K
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                                  1755

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 11, 2011
                               ___________

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

AN ACT to amend the labor law and the state finance law, in relation  to
  the New York state worker safety board

  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  "worker
safety board act".
  S 2. Paragraph b of subdivision 4 of section 27-a of the labor law, as
amended  by  chapter  433  of  the  laws  of 2007, is amended to read as
follows:
  b. Notwithstanding the provisions of paragraph a of this  subdivision,
the  commissioner,  in  consultation with the state [occupational safety
and health hazard abatement] WORKER SAFETY board, shall promulgate rules
and regulations recommended to him OR HER by such board which  establish
standards  whenever such board finds (i) that no federal standard exists
for the particular condition being addressed and that such a standard is
necessary for the protection of the public employees at risk, or (ii)  a
federal  standard  exists,  but  conditions in public workplaces in this
state require a different standard, and such state standard will  be  at
least  as effective in providing safe and healthful places of employment
as the federal standard.
  S 3. The subdivision heading and paragraphs a, b and e of  subdivision
15  of  section 27-a of the labor law, the subdivision heading and para-
graphs a and e as added by chapter 729 of the laws of 1980, paragraph  b
as  amended  by  chapter  55 of the laws of 1992 and such subdivision as
renumbered by chapter 706 of the laws of 1990, are amended  to  read  as
follows:
  New York state [occupational safety and health hazard abatement] WORK-
ER  SAFETY board; creation and procedure. a. The New York state [occupa-
tional safety and health hazard abatement] WORKER SAFETY board is hereby

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04118-01-1
              

A. 1755                             2

created to  have  and  exercise  the  powers,  duties  and  prerogatives
provided by the provisions of this subdivision.
  b.  The  membership of the board shall consist of [five] NINE persons.
THREE MEMBERS SHALL BE appointed by the governor of whom  one  shall  be
upon  the  recommendation of THE NEW YORK STATE FEDERATION OF LABOR-CON-
GRESS OF INDUSTRIAL ORGANIZATIONS, TWO MEMBERS SHALL BE APPOINTED BY the
temporary president of the senate, one upon the  recommendation  of  THE
NEW YORK STATE FEDERATION OF LABOR-CONGRESS OF INDUSTRIAL ORGANIZATIONS,
TWO MEMBERS SHALL BE APPOINTED BY the speaker of the assembly, [and] one
upon  the  recommendation of THE NEW YORK STATE FEDERATION OF LABOR-CON-
GRESS OF INDUSTRIAL ORGANIZATIONS, ONE MEMBER SHALL BE APPOINTED BY  the
state  comptroller  AND  ONE  MEMBER SHALL BE THE COMMISSIONER.  Members
shall serve at the pleasure  of  the  governor,  and  the  governor  may
replace  any  member  in accordance with the provisions contained herein
for the appointment of members.
  The governor shall designate one of the members to serve as [chairman]
CHAIRPERSON.  The board shall act by a majority vote of its members, and
a quorum to conduct business shall consist of [three] FIVE members.  Any
determination of the board shall be evidenced by a certification thereof
executed by all the members present and voting. Each member of the board
shall  be  entitled  to designate a representative to attend meetings of
the board in his OR HER place, and to vote or otherwise act  on  his  OR
HER  behalf  in  his  OR HER absence.   Such representative shall not be
authorized to delegate any of his OR HER  duties  or  functions  to  any
other  person.  Notice of such designation shall be furnished in writing
to the board by the designating member. A representative shall serve  at
the  pleasure  of  the  designating  member  during the member's term of
office.
  e. The board shall meet at least four times a year with at  least  one
meeting  in  each  calendar  quarter.  The  [chairman] CHAIRPERSON shall
designate the days of meeting, and shall provide  each  member  with  at
least three weeks written notice of the date of such meeting.
  S  4. The subdivision heading of subdivision 16 of section 27-a of the
labor law, as amended by chapter 886 of the laws of 1985 and such subdi-
vision as renumbered by chapter 706 of the laws of 1990, is  amended  to
read as follows:
  New York state [occupational safety and health hazard abatement] WORK-
ER SAFETY board; powers and duties.
  S  5. Subdivision 1 of section 885 of the labor law, as added by chap-
ter 886 of the laws of 1985, is amended to read as follows:
  1. "Board" shall mean the New  York  state  [occupational  safety  and
health  hazard  abatement]  WORKER  SAFETY board created pursuant to the
provisions of section twenty-seven-a of this chapter.
  S 6. Subdivision 3 of section  97-c  of  the  state  finance  law,  as
amended  by  chapter  309  of  the  laws  of 1996, is amended to read as
follows:
  3. Moneys of the fund shall be available to the New York state  [occu-
pational  safety  and  health  hazard abatement] WORKER SAFETY board for
purposes of carrying out the provisions of article  twenty-nine  of  the
labor  law  and  to  the  department  of  labor  for  worker  SAFETY AND
protection activities under its jurisdiction.
  S 7. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule  or  regulation  necessary
for  the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such effective date.