Provides that police officers and firefighters employed by bi-state authorities are covered under health and safety standards for public employees

Summary of the provisions

Section one of the bill adds "bi-state authority utilizing its own police and/or fire fighters", to the definition of "Employer" under §27-a, subsection a, of Labor Law. Also adds "bi-state authority utilizing its own police and/or firefighters", to the definition of "Employee" under §27-a, subsection d, of Labor Law.

Section two is the effective date.

Existing law

Labor Law § 27-a, subsection a, currently contains the list of all entities defined as an "Employer" for purposes of safety and health standards for public employees under Article 2 of the Labor Law.

Labor Law § 27-a, subsection d, currently contains the list of all entities defined as "Public Employee" for purposes of safety and health standards for public employees under Article 2 of the Labor Law.

Legislative history

This is a new bill.

Justification

In the past decade, police and firefighters of Bi-State Authority's whose jurisdiction encompasses the State of New York, have been denied the protections of current health and safety standards afforded to every other police and firefighter within the state. The New York Plan for Public Employee Safety and Health (PESH) initially approved on June 1, 1984 and certified on August 16, 2006, has been interpreted as excluding said police and firefighters since they fall outside the definition of "Employer" and "Public Employee" under the labor law. Since 9/11/01, first responders have been afforded the use of PESH to ensure proper training and up to date equipment so that public safety remains at the forefront as a matter of public policy.

On September 9,2009 the Occupational Safety and Health Administration (OSHA) of the United States Department of labor issued an instruction under 29 CFR Part 1910, subpart I, entitled: Enforcement Guidance for Personal Protective Equipment in General Industry. This issuance provided enforcement guidance to federal (OSHA) and approved state plan (PESH) offices concerning policies and procedures for implementing inspection programs to reduce injuries, illnesses and fatalities, and eliminate workplace hazards in general industry

employment through the use of Personal Protective Equipment (PPE). Provisions were added to 29 CFR 1910.132 requiring employers to select appropriate PPE based on the hazards present or likely to be present in the workplace; to prohibit the use of defective or damaged PPE; and to require that employees be trained so that each effected employee can properly use the assigned PPE. The aforementioned provisions as well as other guidelines issued by OSHA and PESH to ensure employee safety has improved workplace safety for all public employees covered under the law. Unfortunately, current labor law definitions of "Employer" and "Public Employee," have been interpreted to exclude police and firefighters working under the auspices of bi-state authorities.

It is important to note that Personal Protective Equipment including ballistic vests for police and fire protective gear commonly referred to as "proximity gear" for fire fighters must be inspected and replaced within specific time tables. Currently, there is no oversight to ensure the PPE for first responders of bi-state authorities is updated and maintained according to industry standards. This creates a double standard against police and firefighters working for bi-state authorities in New York State but currently outside the jurisdiction of PESH. As a matter of State public policy, all police and firefighters working within the jurisdiction of the State of New York should be afforded the same PESH oversight of safety and health standards for public employees as set forth in New York State labor law.

Budget implications

None.

Effective date

This act shall take effect upon the enactment into law by the state of New Jersey of legislation having an identical effect with this act, but if the state of New Jersey shall have already enacted such legislation, this act shall take effect immediately; provided that the state of New Jersey shall notify the legislative bill drafting commission upon the occurrence of the enactment of the legislation provided for in section one of this. act in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effectuating the provisions of section 44 of the legislative law and section 70-b of the public officers law.