Prohibits state purchase of products manufactured under conditions that fail to comply with minimum OSHA standards

1 Co-sponsor

• Tony Avella

BILL NUMBER:S2385

Title of bill

An act to amend the state finance law, in relation to products manufactured under conditions that fail to comply with minimum OSHA standards

Purpose

To ensure that the state do not condone, support or complement manufacturing revenues at the expense of the health, safety and well-being of workers engaged in product development.

Summary of provisions

This bill seeks to ban the purchase, by the State of New York, of products manufactured overseas by American concerns that are not observing, minimally, Section 18(c) of the United States Occupational Safety and Health Act of 1970, 1902.32(b) to render their manufacturing operations under a plan that is "at least as effective as" operations under the Federal program in providing safe and healthful employment and places of employment.

The bill further proposes the establishment of a list by the New York State Office of General Services classifying the products and manufacturers that are not in compliance with regard to the minimal Federal standards constituting safe and healthful environments by any American manufacturing entity. Such list, available on an Office of General Services website, shall serve as a purchasing guide for New York State departments, divisions, offices, authorities and public benefit corporations purchasing equipment, devices, office accessories and related goods.

Effects of the present law which this bill would alter

This bill would give the commissioner of general services the power to develop a list of products, that in the absence of observing the Occupational Safety and Health Act of 1970 standards, would not be among those products eligible to be purchased by the State. Furthermore, the commissioner would have the power add or delete from such list, with good cause. Said list would be published on the office of general services website.

Justification

A number of incidents have proliferated the headlines during the last year regarding injuries and fatalities resulting from physical conditions in the work environment of foreign enterprises manufacturing American product. Most recently in December, 2011 when an explosion at a Shanghai supplier to Apple resulted in the injury of 61 workers when aluminum dust produced by polishing IPad cases ignited.

Compliance with OSHA standards could result in a higher cost of production on foreign soil reverting manufacturing to the U.S.

Legislative history

This is a new bill.

Fiscal implication

To be determined with regard to cost of establishing the data bank.

Effective date

This act shall take effect on the 90th day after it shall become a law.