S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9546--A
 
                           I N  A S S E M B L Y
 
                              March 16, 2022
                                ___________
 
 Introduced  by M. of A. DICKENS, ZINERMAN -- Multi-Sponsored by -- M. of
   A. BRABENEC, SIMON -- read once and referred to the Committee on Labor
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN  ACT to amend the labor law, in relation to establishing safety meas-
   ures for hoisting and requiring the commissioner of labor  to  promul-
   gate rules and regulations pertaining to safety every ten years
 
   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  section  256  to
 read as follows:
   § 256. HOISTING SAFETY. 1. FOR THE PURPOSES OF THIS SECTION:
   (A)  "ACTIVE  LOAD  STABILIZATION MECHANISM" MEANS ANY EXTERNAL DEVICE
 ATTACHED TO THE BOTTOM HOOK OF A CRANE OR SIMILAR LIFTING  MACHINE  THAT
 STABILIZES  ANY  LOAD WITH COMPUTERIZED CONTROL AND HUMAN INPUT IN ORDER
 TO ENHANCE WORKER SAFETY.
   (B) "PASSIVE LOAD STABILIZATION MECHANISM" MEANS ANY  EXTERNAL  DEVICE
 ATTACHED  TO  THE BOTTOM HOOK OF A CRANE OR SIMILAR LIFTING MACHINE THAT
 USES THE NATURAL ENVIRONMENT TO MANIPULATE ANY LOAD WITH HUMAN INPUT.
   (C) "FALL ZONE" MEANS THE AREA, INCLUDING, BUT  NOT  LIMITED  TO,  THE
 AREA  DIRECTLY  BENEATH  THE LOAD, IN WHICH IT IS REASONABLY FORESEEABLE
 THAT PARTIALLY OR COMPLETELY SUSPENDED MATERIALS COULD FALL IN THE EVENT
 OF AN ACCIDENT.
   (D) "TILT-UP OR TILT-DOWN OPERATION" MEANS RAISING OR LOWERING A  LOAD
 FROM HORIZONTAL TO VERTICAL OR FROM VERTICAL TO HORIZONTAL.
   (E)  "BOOM  FREE  FALL" MEANS THAT ONLY THE BRAKE OR CLUTCH IS USED TO
 REGULATE THE DESCENT OF THE LOAD LINE FROM AN INCLINED SPAR,  STRUT,  OR
 OTHER LONG STRUCTURAL MEMBER WHICH SUPPORTS THE UPPER HOISTING TACKLE ON
 A CRANE OR DERRICK.
   2.  WHERE  AVAILABLE,  HOISTING  ROUTES  THAT MINIMIZE THE EXPOSURE OF
 EMPLOYEES TO HOISTED LOADS SHALL BE USED, TO THE EXTENT CONSISTENT  WITH
 PUBLIC SAFETY.
   3.  WHILE  THE  OPERATOR  IS  NOT MOVING A SUSPENDED LOAD, NO EMPLOYEE
 SHALL BE WITHIN THE FALL ZONE, EXCEPT FOR EMPLOYEES:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13395-03-2
 A. 9546--A                          2
 
   (A) ENGAGED IN HOOKING, UNHOOKING OR GUIDING A LOAD;
   (B)  ENGAGED  IN  THE INITIAL ATTACHMENT OF THE LOAD TO A COMPONENT OR
 STRUCTURE; OR
   (C) OPERATING A CONCRETE HOPPER OR CONCRETE BUCKET.
   4. WHEN EMPLOYEES ARE ENGAGED IN HOOKING, UNHOOKING,  OR  GUIDING  THE
 LOAD IN THE INITIAL CONNECTION OF A LOAD TO A COMPONENT OR STRUCTURE AND
 ARE WITHIN THE FALL ZONE, ALL OF THE FOLLOWING CRITERIA MUST BE MET:
   (A) IF THE MATERIALS BEING HOISTED ARE UNDER THREE THOUSAND POUNDS AND
 THE SWING OR SPIN OF THE LOAD DOES NOT PRESENT A RISK OF CRITICAL INJURY
 AS  DETERMINED  BY  THE PROJECT MANAGER OR SAFETY ENGINEER, A TAGLINE OR
 OTHER PASSIVE LOAD STABILIZATION MECHANISM SHALL  BE  USED  TO  MANUALLY
 STABILIZE THE MATERIALS;
   (B)  IF  THE MATERIALS BEING HOISTED ARE OVER THREE THOUSAND POUNDS OR
 PRESENT A RISK OF CRITICAL INJURY AS DETERMINED BY THE  PROJECT  MANAGER
 OR  SAFETY  ENGINEER,  AN  ACTIVE  LOAD STABILIZATION MECHANISM SHALL BE
 USED;
   (C) THE MATERIALS BEING HOISTED SHALL BE RIGGED  TO  PREVENT  UNINTEN-
 TIONAL DISPLACEMENT;
   (D) HOOKS WITH SELF-CLOSING LATCHES OR THEIR EQUIVALENT SHALL BE USED,
 EXCEPT  THAT  "J" HOOKS SHALL BE PERMITTED TO BE USED FOR SETTING WOODEN
 TRUSSES; AND
   (E) THE MATERIALS SHALL BE RIGGED BY A QUALIFIED RIGGER.
   5. ONLY EMPLOYEES NEEDED TO RECEIVE A LOAD SHALL BE  PERMITTED  TO  BE
 WITHIN THE FALL ZONE WHEN A LOAD IS BEING LANDED.
   6. DURING A TILT-UP OR TILT-DOWN OPERATION:
   (A) NO EMPLOYEE SHALL BE DIRECTLY UNDER THE LOAD;
   (B)  ONLY  EMPLOYEES  ESSENTIAL TO THE OPERATION SHALL BE PERMITTED IN
 THE FALL ZONE, BUT SHALL NOT BE PERMITTED TO BE DIRECTLY UNDER THE LOAD.
 AN EMPLOYEE IS ESSENTIAL TO THE OPERATION IF SUCH EMPLOYEE IS CONDUCTING
 ONE OF THE FOLLOWING OPERATIONS AND THE EMPLOYER CAN DEMONSTRATE  IT  IS
 INFEASIBLE  FOR SUCH EMPLOYEE TO PERFORM THAT OPERATION FROM OUTSIDE THE
 FALL ZONE:
   (I) PHYSICALLY GUIDE THE LOAD;
   (II) CLOSELY MONITOR AND GIVE INSTRUCTIONS REGARDING THE LOAD'S  MOVE-
 MENT; OR
   (III)  EITHER  DETACH  THE  LOAD  FROM OR INITIALLY ATTACH THE LOAD TO
 ANOTHER COMPONENT OR STRUCTURE, SUCH AS, BUT NOT LIMITED TO,  MAKING  AN
 INITIAL CONNECTION OR INSTALLING BRACING.
   7.  BOOM  FREE FALL IS PROHIBITED WHEN AN EMPLOYEE IS IN THE FALL ZONE
 OF THE BOOM OR LOAD, AND LOAD LINE  FREE  FALL  IS  PROHIBITED  WHEN  AN
 EMPLOYEE IS DIRECTLY UNDER THE LOAD.
   § 2. Subdivision 2 of section 27 of the labor law is amended by adding
 a new paragraph g to read as follows:
   G. THE COMMISSIONER SHALL, EVERY TEN YEARS, PROMULGATE RULES AND REGU-
 LATIONS,  OR  AMEND  EXISTING RULES AND REGULATIONS RELATING TO OUTDATED
 AND UNSAFE TECHNOLOGIES WITH THE BEST AVAILABLE TECHNOLOGIES AT THE TIME
 OF SUCH PROMULGATION OR AMENDMENT. IN DEVELOPING SUCH  RULES  AND  REGU-
 LATIONS, THE COMMISSIONER SHALL:
   (I)  CONTRACT  OCCUPATIONAL  HEALTH  PROFESSIONALS,  INDUSTRIAL SAFETY
 ENGINEERS, AND MECHANICAL ENGINEERS TO PROVIDE EXPERT ASSISTANCE IN  THE
 REPLACEMENT OF OUTDATED STANDARDS; AND
   (II)  CONDUCT  PUBLIC  HEARINGS  ON  NEW REGULATIONS WHERE BUSINESSES,
 UNIONS, AND MEMBERS OF THE GENERAL PUBLIC HAVE THE OPPORTUNITY TO  SPEAK
 ON PROPOSALS, PROVIDE RECOMMENDATIONS, AND ADD AMENDMENTS.
   § 3. This act shall take effect immediately.