NY State Senate Bill 2015-S930

Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to labor
Jan 07, 2015	referred to labor

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2015-S930 (ACTIVE) - Details

See Assembly Version of this Bill:: A4755
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add Art 32 §§925 - 929, Lab L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S3466, A6220
2017-2018: S1562, A4321
2019-2020: A3373
2021-2022: A4047
2023-2024: A2099

2015-S930 (ACTIVE) - Summary

Enacts CJ's Law--oil and gas drilling workplace safety act; requires the enactment of rules and regulations for enhanced work place safety and employee training for all oil and gas drilling operations in the state; provides that new permit holders should utilize union laborers or laborers with specific training; provides that employers shall report workplace accidents and the commissioner of the department of labor must publish a quarterly report on workplace accidents.

2015-S930 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S930

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
department 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 transportation, safety of machinery,
proper care and treatment of clothing worn on drilling sites, use of
proper respiratory masks, proper lighting, 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 department of education, or a provider approved by the department
of education.

§ 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
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.

JUSTIFICATION:

This legislation is named in honor of CJ Bevins. CJ was a 23 year old
young man from West Virginia who senselessly and tragically 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 twentieth day after
it shall have become law; provided 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 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.

2015-S930 (ACTIVE) - Bill Text download pdf

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

                                   930

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 7, 2015
                               ___________

Introduced  by Sens. AVELLA, ADDABBO, BRESLIN, DILAN, ESPAILLAT, GIANAR-
  IS,  HASSELL-THOMPSON,  HOYLMAN,  KENNEDY,  KLEIN,  KRUEGER,  LATIMER,
  MARTINS,   MONTGOMERY,  PARKER,  PERALTA,  PERKINS,  RIVERA,  SAMPSON,
  SANDERS, SAVINO, SERRANO, SQUADRON, STAVISKY, STEWART-COUSINS --  read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Labor

AN ACT to amend the labor law, in relation to enacting CJ's Law--oil and
  gas drilling workplace safety act

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

  Section 1. The labor law is amended by adding a new article 32 to read
as follows:
                               ARTICLE 32
                  OIL AND GAS DRILLING WORKPLACE SAFETY
SECTION 925. SHORT TITLE.
        926. RULES AND REGULATIONS.
        927. APPLICABILITY OF THE WORKERS' COMPENSATION LAW.
        928. SPECIAL REQUIREMENTS.
        929. REPORTS OF INJURIES.
  S  925.  SHORT  TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
"CJ'S LAW--OIL AND GAS DRILLING WORKPLACE SAFETY ACT".
  S 926. RULES AND REGULATIONS. 1. THE DEPARTMENT, IN  CONJUNCTION  WITH
THE  DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION,  SHALL 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. SUCH RULES AND REGULATIONS SHALL INCLUDE, BUT SHALL NOT BE
LIMITED TO, REQUIREMENTS RELATING TO EXPOSURE TO CHEMICALS,  WORK  HOURS
FOR  BOTH  DRILLING SITE EMPLOYEES AND EMPLOYEES INVOLVED IN TRANSPORTA-
TION, INCLUDING TRUCK DRIVERS WORKING ON AND OFF  THE  DRILL  RIG  SITE,
SAFETY  OF  MACHINERY,  PROPER  CARE  AND  TREATMENT OF CLOTHING WORN ON
DRILLING SITES, USE  OF  PROPER  MASKS  TO  PROTECT  WORKER  RESPIRATORY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01931-01-5

S. 930                              2

HEALTH, USE OF PROPER LIGHTING, SAFETY OF LIVING CONDITIONS FOR WORKERS,
SAFETY  OF  SITE LOCATION, INCLUDING STABILITY OF GROUND SURFACES NECES-
SARY TO SUPPORT ALL EQUIPMENT USED AT DRILLING SITES, AND REQUIRED DURA-
TION OF TRAINING.
  2.  THE  RULES  AND  REGULATIONS ISSUED PURSUANT TO SUBDIVISION ONE OF
THIS SECTION SHALL BE PRINTED IN ENGLISH IN AT LEAST FOURTEEN POINT TYPE
AND CONSPICUOUSLY POSTED IN A VISIBLE AND PROMINENT LOCATION AT EACH OIL
AND GAS DRILLING SITE LOCATION.
  S 927. APPLICABILITY OF THE WORKERS'  COMPENSATION  LAW.  PURSUANT  TO
SECTION THREE OF THE WORKERS' COMPENSATION LAW, ALL EMPLOYEES ENGAGED IN
OIL  AND  GAS  DRILLING  OPERATIONS  IN  THE  STATE OF NEW YORK 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 SUCH HAZARDOUS EMPLOYMENT. IN THE EVENT ANY  COVERED  EMPLOYER
CONDUCTING  OIL  AND GAS DRILLING OPERATIONS IN THIS STATE FAILS TO MAKE
PROVISION OF PAYMENT OF DISABILITY BENEFITS AS REQUIRED BY  SECTION  TWO
HUNDRED  ELEVEN OF THE WORKERS' COMPENSATION LAW, SUCH EMPLOYER SHALL BE
SUBJECT TO THE PENALTIES SET FORTH IN SECTION TWO HUNDRED TWENTY OF  THE
WORKERS' COMPENSATION LAW.
  S  928. SPECIAL REQUIREMENTS. ALL APPLICANTS FOR A NEW DRILLING PERMIT
FOR AN OIL AND GAS DRILLING  OPERATION  SHALL  UTILIZE  UNION  LABORERS;
AND/OR LABORERS WHO HAVE BEEN TRAINED OR ARE UNDERGOING TRAINING, APPRO-
PRIATE  FOR  THE  TYPE  OF AND SCOPE OF WORK TO BE PERFORMED, WHERE SUCH
TRAINING IS THROUGH A VALID DEPARTMENT APPRENTICESHIP  PROGRAM  PURSUANT
TO  ARTICLE  TWENTY-THREE OF THIS CHAPTER, OR AN EDUCATIONAL INSTITUTION
OR SCHOOL CHARTERED, LICENSED OR REGISTERED BY THE DEPARTMENT OF  EDUCA-
TION,  OR A PROVIDER APPROVED BY THE DEPARTMENT OF EDUCATION.  FOLLOWING
COMPLETION OF TRAINING  REQUIRED  BY  THIS  SECTION,  A  CERTIFICATE  OF
COMPLETION  SHALL  BE  ISSUED BY SUCH DEPARTMENT APPRENTICESHIP PROGRAM,
EDUCATIONAL INSTITUTION, SCHOOL OR PROVIDER, AND SHALL BE  CONSPICUOUSLY
POSTED  AT  EACH  SITE  LOCATION  WHERE THE HOLDER OF THE CERTIFICATE IS
EMPLOYED AND SHALL BE MADE AVAILABLE TO THE PUBLIC UPON  REQUEST.    ANY
SUBCONTRACTORS  OR OTHER INDEPENDENT CONTRACTORS AT SUCH PERMITTED SITES
SHALL ALSO AGREE TO THE EMPLOYMENT OF OR CONTRACTUAL RELATION  WITH  THE
SAME  TYPE  OF  LABORERS. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS
SECTION SHALL BE CONSTRUED TO MANDATE AN EMPLOYER OR CONTRACTOR THAT  IS
SUBJECT TO THE PROVISIONS OF THIS SECTION TO EXCLUSIVELY REQUIRE THE USE
OF  UNION  LABOR  AT  A  CONSTRUCTION  SITE OR TO BE IN VIOLATION OF ANY
FEDERAL PROHIBITION REGARDING THE SAME.
  S 929. REPORTS OF INJURIES. 1. A DRILLING PERMIT HOLDER MUST REPORT TO
THE COMMISSIONER ANY WORKPLACE ACCIDENT OCCURRING  AT  THE  OIL  OR  GAS
DRILLING  LOCATION  BY  THE CLOSE OF BUSINESS OF THE COMMISSIONER'S NEXT
BUSINESS DAY.  IN THE EVENT A DRILLING PERMIT HOLDER FAILS TO REPORT ANY
WORKPLACE ACCIDENT PURSUANT TO THIS SUBDIVISION, THE COMMISSIONER MAY BY
ORDER WHICH PARTICULARLY DESCRIBES THE NATURE OF THE  VIOLATION,  ASSESS
THE  PERMIT HOLDER A CIVIL PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS
FOR THE FIRST SUCH VIOLATION, NOT MORE THAN TWO THOUSAND DOLLARS  FOR  A
SECOND VIOLATION AND NOT MORE THAN THREE THOUSAND DOLLARS FOR A THIRD OR
SUBSEQUENT VIOLATION. SUCH PENALTY SHALL BE PAID TO THE COMMISSIONER FOR
DEPOSIT  IN  THE  TREASURY  OF THE STATE. IN ASSESSING THE AMOUNT OF THE
PENALTY, THE COMMISSIONER SHALL GIVE DUE CONSIDERATION TO  THE  SIZE  OF
THE  EMPLOYER'S BUSINESS, THE GOOD FAITH OF THE EMPLOYER, THE HISTORY OF
PREVIOUS VIOLATIONS  AND  THE  FAILURE  WITH  ANY  OTHER  RECORD-KEEPING
REQUIREMENTS.
  2.  THE  COMMISSIONER MUST PUBLISH A QUARTERLY REPORT ON ALL WORKPLACE
ACCIDENTS OCCURRING AT OIL OR GAS DRILLING LOCATIONS.    SUCH  QUARTERLY

S. 930                              3

REPORTS  SHALL  BE  AVAILABLE  FOR  PUBLIC REVIEW, IN WRITING AND VIA AN
ONLINE FORMAT ON THE DEPARTMENT'S WEBSITE.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  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.

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Senate Bill S930

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

co-Sponsors

2015-S930 (ACTIVE) - Details

2015-S930 (ACTIVE) - Summary

2015-S930 (ACTIVE) - Sponsor Memo

2015-S930 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S930

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Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

co-Sponsors

2015-S930 (ACTIVE) - Details

2015-S930 (ACTIVE) - Summary

2015-S930 (ACTIVE) - Sponsor Memo

2015-S930 (ACTIVE) - Bill Text download pdf

Comments