NY State Senate Bill 2021-S381

Senate Bill S381

2021-2022 Legislative Session

Provides an insurance premium reduction for landscape businesses whose employees complete a safety course for the landscape industry

download bill text pdf

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to labor
Jan 06, 2021	referred to labor

2021-S381 (ACTIVE) - Details

See Assembly Version of this Bill:: A6415
Current Committee:: Senate Labor
Law Section:: Workers' Compensation Law
Laws Affected:: Add §138, Work Comp L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5331, A8197
2023-2024: A6669

2021-S381 (ACTIVE) - Summary

Provides an insurance premium reduction for landscape businesses whose employees complete a safety course for the landscape industry.

2021-S381 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S381

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the workers' compensation law, in relation to providing
an insurance premium reduction for landscape businesses whose employees
complete a safety course for the landscape industry

 
PURPOSE:

This legislation allows for a 10% Workers' Compensation premium
reduction for landscape businesses when a minimum of 50% of their
employees take an OSHA approved 10 hour course.

 
SUMMARY OF PROVISIONS:

Section 1 states that an insurer doing business within New York who
offers workers' compensation coverage to landscape business shall
provide a ten percent reduction in its premium if the landscape business
has fifty percent or more of its employees successfully complete the ten

hour construction safety course for landscaping industry as approved by
OSHA. Premium reductions are for an annual basis. Further this section
allows for the State Insurance Fund, Department of Labor, and Division
of Financial Services to work collaboratively on an application as well
as rules and regulations for this issue.

Section 2 is the effective date.

 
JUSTIFICATION: Providing a.safe work environment for employees is
paramount. Perhaps one of the most complex and dangerous is the land-
scape business. This legislation seeks to incentive employers to provide
to their employees OSHA approved and certified training to help ensure
their employees are most aware and up to date on the best safety prac-
tices of the industry. OSHA currently has a specific 10 hour course for
this industry, by tying a Workers' Compensation premium reduction when a
majority of a landscape companies passes this approved course will go a
long way towards ensuring a greater number of employees are trained and
are able to work safer and smarter.

 
LEGISLATIVE HISTORY:

S. 5331 Of 2019/20; Referred to Senate Labor Committee

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
The act shall take effect 120 days after having become a law.

2021-S381 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    381
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the workers' compensation law, in relation to  providing
   an  insurance premium reduction for landscape businesses whose employ-
   ees complete a safety course for the landscape industry
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  workers' compensation law is amended by adding a new
 section 138 to read as follows:
   § 138. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION  COURSE;  PREMIUM
 REDUCTION.  1.  FOR  PURPOSES OF THIS SECTION, THE TERM "LANDSCAPE BUSI-
 NESS" SHALL MEAN A BUSINESS WHOSE PRIMARY CONCERN INVOLVES THE MODIFICA-
 TION OF THE VISIBLE FEATURES OF AN AREA OF LAND, AND SHALL INCLUDE,  BUT
 NOT  BE  LIMITED  TO, LAWN CARE, GARDENING AND THE REMOVAL OR PRUNING OF
 TREES.
   2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  ANY
 INSURER  DOING  BUSINESS  WITHIN  THIS STATE WHO OFFERS WORKERS' COMPEN-
 SATION INSURANCE TO LANDSCAPE  BUSINESSES  DOING  BUSINESS  WITHIN  THIS
 STATE  SHALL  PROVIDE  A  TEN PERCENT REDUCTION IN ITS PREMIUMS FOR SUCH
 INSURANCE TO ANY LANDSCAPE BUSINESS  THAT  MEETS  THE  REQUIREMENTS  SET
 FORTH IN SUBDIVISION THREE OF THIS SECTION.
   3.  ANY  PERSON,  FIRM, PARTNERSHIP, LIMITED LIABILITY COMPANY, CORPO-
 RATION OR  ANY  OTHER  BUSINESS  ENTITY  SHALL  RECEIVE  A  TEN  PERCENT
 REDUCTION  IN  ITS  WORKERS'  COMPENSATION PREMIUM FOR ANY YEAR IN WHICH
 FIFTY PERCENT OR MORE OF THE EMPLOYEES  OF  SUCH  BUSINESS  SUCCESSFULLY
 COMPLETE  THE  TEN  HOUR  CONSTRUCTION SAFETY COURSE FOR THE LANDSCAPING
 INDUSTRY APPROVED BY THE OCCUPATIONAL SAFETY AND HEALTH  ADMINISTRATION.
 SUCH  PREMIUM  REDUCTION SHALL BE AVAILABLE ON AN ANNUAL BASIS. APPLICA-
 TION FOR SUCH PREMIUM REDUCTION SHALL BE MADE IN A  MANNER  AND  WITH  A
 STANDARDIZED  FORM TO BE DEVELOPED COOPERATIVELY BETWEEN THE COMMISSION-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD01078-01-1

 S. 381                              2
 
 ERS OF THE STATE INSURANCE FUND,  THE  COMMISSIONER  OF  LABOR  AND  THE
 SUPERINTENDENT OF FINANCIAL SERVICES.
   4.  THE COMMISSIONERS OF THE STATE INSURANCE FUND, IN COOPERATION WITH
 THE COMMISSIONER OF LABOR AND THE SUPERINTENDENT OF FINANCIAL  SERVICES,
 ARE  AUTHORIZED  TO PROMULGATE RULES AND REGULATIONS NECESSARY TO IMPLE-
 MENT THE PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such date.

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