BILL NUMBER:S3827

TITLE OF BILL:
An act
to amend the labor law, in relation to
enacting the "roadway excavation quality assurance act"

PURPOSE:
Provides that utility companies shall use competent workers and shall
pay the prevailing wage on projects where a permit to use or open a
street is issued.

SUMMARY OF PROVISIONS:
Section one of the bill amends the labor law by providing a new
section entitled, "Workers on Excavations." It provides that utility
companies or their contractors, to whom a permit to use or open a
street has been issued, shall use only competent workers skilled in
the required work, and that the prevailing wage for similar titles
shall be paid.

EXISTING LAW:
Subdivision 3-a(e) of section 220 of the labor law requires utility
companies and their contractors and subcontractors to agree to use
competent, skilled workers and to pay prevailing wages where required
by local law as a condition for issuance of a permit to use or open a
street.
              

JUSTIFICATION:
Currently, utility companies and their contractors are required to use
skilled, competent workers and pay prevailing wages in localities
that require these conditions to obtain a work permit to use or open
a street. Existing regulations by OSHA and the State Department of
Labor additionally require utility contractors throughout New York to
provide training in safe-practices to their workers. Street
excavation is dangerous for both workers and the public when the
individuals performing the excavation are unskilled. Broken gas lines
or communication cables can cause great disruption to local
neighborhoods. The success of a similar law passed by New York city
led the Legislature to support similar efforts by ,other
municipalities with the enactment of chapter 591 of the laws of 2008.
This bill will extend protection to the public and workers throughout
New York whenever state contracts require the use of dangerous
excavation work.

FISCAL IMPLICATIONS:
None.

LEGISLATIVE HISTORY:
2009: Referred to to Labor/A.404      - Advanced to 3rd Reading
2008: S.3249 Referred to Labor/A.3628 - Passed the Assembly
2007: S.3249 Referred to Labor/A.3628 - Passed the Assembly
2006: S.3285 Referred to Labor/A.6624 - Referred to Rules
2004: S.3605 Referred to Rules/A.8168 - Referred to Labor
2003: S.3604 Referred to Labor/A.8168 - Reported to Rules
2002: S.2143 Referred to Labor/A.7431 - Referred to Labor


2001: S.2143 Referred to Labor/A.7431 - Referred to Labor
2000: S.4272 Referred to Rules/A.7075 - Referred to Rules

EFFECTIVE DATE:
Thirty days following enactment.