S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3373
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced  by  M.  of A. COLTON, L. ROSENTHAL, ENGLEBRIGHT, COOK, GOTT-
   FRIED -- Multi-Sponsored by -- M. of A. RIVERA, WALKER  --  read  once
   and referred 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 33 to read
 as follows:
                                ARTICLE 33
                   OIL AND GAS DRILLING WORKPLACE SAFETY
 SECTION 950. SHORT TITLE.
         951. RULES AND REGULATIONS.
         952. APPLICABILITY OF THE WORKERS' COMPENSATION LAW.
         953. SPECIAL REQUIREMENTS.
         954. REPORTS OF INJURIES.
   § 950. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY  BE  CITED  AS
 "CJ'S LAW--OIL AND GAS DRILLING WORKPLACE SAFETY ACT".
   §  951.  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
 HEALTH, USE OF PROPER LIGHTING, SAFETY OF LIVING CONDITIONS FOR WORKERS,
 SAFETY OF SITE LOCATION, INCLUDING STABILITY OF GROUND  SURFACES  NECES-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04861-01-9
              

 A. 3373                             2
 
 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.
   § 952. 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.
   §  953. 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.
   § 954. 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
 REPORTS  SHALL  BE  AVAILABLE  FOR  PUBLIC REVIEW, IN WRITING AND VIA AN
 ONLINE FORMAT ON THE DEPARTMENT'S WEBSITE.

 A. 3373                             3

   § 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 are
 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.