BILL NUMBER:S3466

TITLE  OF BILL:   An act to amend the labor law, in relation to enacting
CJ's Law--oil and gas drilling workplace safety act

SUMMARY OF PROVISIONS;

Section one of the bill amends the labor law by adding a new article  32
creating "CJ's Law - oil and gas drilling workplace safety act".

§ 926 sets forth the rules and regulations that require the following:

§ 926.1 requires the department of labor in conjunction with the depart-
ment  of  environmental  conservation  to issue rules and regulations to
provide for enhanced workplace safety requirements and employee training
requirements for all oil and  gas  drilling  operations  in  the  state,
including requirements relating to exposure to chemicals, work hours for
drilling site employees and employees involved in on and off-site trans-
portation,  safety  of  machinery, proper care and treatment of clothing
worn on drilling sites, use of proper respiratory masks,  proper  light-
ing,  safe  living  conditions,  site  safety, and necessary duration of
training.

§ 926.2 requires that the rules and regulations be conspicuously  posted
in visible and prominent locations at each drilling site

              

§  927  addresses  applicability  of  the  workers' compensation law and
states that all employees engaged in oil and gas drilling operations  in
the  state shall be considered to be engaged in hazardous employment for
which compensation shall be payable for injuries or  death  incurred  by
such  employees  in  the  course of their employment.   The section also
subjects employers to applicable penalties for failure  to  comply  with
the workers' compensation law.

§  928  sets  forth special requirements that require all applicants for
new oil and gas drilling permits (including any subcontractors or  other
independent  contractors)  to utilize union laborers and/or laborers who
have been trained or are undergoing training, appropriate for  the  type
of  and  scope of work to be performed, where such training is through a
valid department of  labor  apprenticeship  program  or  an  educational
institution  or  school chartered, licensed or registered by the depart-
ment of education, or a provider approved by the  department  of  educa-
tion.

§  929  addresses  reports  of injuries and requires the drilling permit
holder to report  any  workplace  accident  occurring  at  the  drilling
location  by  the  close of business of the commissioner's next business
day. If the permit holder fails to report the commissioner may assess  a
civil penalty of not more than $1,000 for first violation, not more than
$2,000  for  a  second  violation  and  not more than $3,000 for a third
violation or subsequent violation. The commissioner is also required  to

publish  a  quarterly report on all workplace accidents occurring at oil
or gas drilling locations that will be available for  public  review  in
writing and on the department's website.

Section  2  provides  for this act to take effect on the one hundred and
twentieth day after it shall have become law;  provided  that  effective
immediately,  the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of this  act  on  its  effective
date  is  authorized  and directed to be made and completed on or before
such effective date; and provided further that no new permits or renewal
permits for oil and gas drilling shall be issued  until  the  rules  and
regulations referred to in section one of this act take effect.

JUSTIFICATION:   This legislation is named in honor of CJ Bevins. CJ was
a 23 year old young man from West Virginia  who  senselessly  and  trag-
ically lost his life as a result of unsafe work site conditions and poor
training of drill site workers at a vertical hydrofracking gas well site
in Smyrna, New York on May 1, 2011. He suffered severe crush injuries as
he  and  other  workers  were  setting  up a new drill site location. CJ
remained conscious after the accident and EMS  attempted  to  arrange  a
flight  rescue  to  the nearest trauma center. A flight was not obtained
and after an hour long ride to a Syracuse hospital, CJ died as a  result
of his injuries during surgery.

Drilling  for  oil  and natural gas is an inherently dangerous practice.
Drill workers are placed in situations where accidents can easily result
in severe injury and death. Despite constant exposure to severely  toxic
chemicals,  dangerous  heavy  machinery,  and  excessive  work hours for
on-site drill workers and transportation employees, there are little  to
no regulations that protect these workers.

In  April  2008,  the  Centers for Disease Control (CDC) issued a report
entitled "Fatalities Among Oil  and  Gas  Extraction  Workers  -  United
States,  2003-2006"  which  revealed  that  "increases  in  oil  and gas
extraction activity were correlated with an  increase  in  the  rate  of
fatal occupational injuries ... with an annual fatality rate of 30.5 per
100,000 workers during 2003-2006, approximately seven times the rate for
all  workers  (4.0  per  100,000  workers)". Furthermore, the CDC report
state that "nearly half of all fatal injuries among these  workers  were
attributed  to highway motor-vehicle crashes and workers being struck by
machinery or equipment".

In addition to the 2008 CDC report,  recent  news  articles  attest  the
extreme  risks associated with this industry including not only drilling
site accidents but transportation  related  accidents  involving  trucks
transporting  water  and  or hydrofracking waste water to and from drill
sites. The New York Times reported in May  2012  (Ian  Urbina,  May  14,
2012)  that  following  their review of 50,000 inspection reports it was
revealed that "as the number of drilling  rigs  rose  by  more  than  22
percent  in  2011 from the prior year, the number of inspections at such
work sites fell by 12 percent." The article also  highlighted  the  2008
CDC  report  in  stating  that  "with the growth of the industry ... the

fatality rate was increasing, meaning the relative risk was  increasing"
and "shifts grew longer, more inexperienced workers were hired and older
rigs were being pressed into service."

Presently  there are no specific work place safety rules that govern the
many oil and gas drilling operations in New York State. This  is  simply
unacceptable  and  this bill is necessary to protect those workers being
put at risk.

LEGISLATIVE HISTORY; None.

FISCAL IMPLICATIONS: Yet to be determined.

EFFECTIVE DATE:  This act shall take effect on the one hundred and twen-
tieth day after it shall have become law; provided that effective  imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary  for  the  implementation of this act on its effective date is
authorized and directed to be made  and  completed  on  or  before  such
effective  date;  and  provided  further  that no new permits or renewal
permits for oil and gas drilling shall be issued  until  the  rules  and
regulations referred to in section one of this act take effect.