S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2099
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by M. of A. COLTON, L. ROSENTHAL, COOK -- 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 35 to read
 as follows:
                                ARTICLE 35
                   OIL AND GAS DRILLING WORKPLACE SAFETY
 SECTION 1020. SHORT TITLE.
         1021. RULES AND REGULATIONS.
         1022. APPLICABILITY OF THE WORKERS' COMPENSATION LAW.
         1023. SPECIAL REQUIREMENTS.
         1024. REPORTS OF INJURIES.
   §  1020.  SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
 "CJ'S LAW--OIL AND GAS DRILLING WORKPLACE SAFETY ACT".
   § 1021. 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.
                                                            LBD02847-01-3
 A. 2099                             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.
   § 1022. 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.
   § 1023. 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.
   §  1024.  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. 2099                             3
 
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law; provided, however, 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.
 Effective immediately, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec-
 tive  date  are  authorized  to  be made and completed on or before such
 effective date.