Requires sanitation workers to receive certain training

BILL NUMBER:S4111

Title of bill

An act to amend the labor law, in relation to requiring sanitation workers to receive training

Purpose of specific provisions

The labor law is amended by adding a new article 23-C which defines department, employee, and employer. It details the training setting forth responsibilities, requirements, trainers, and trainees. It also details the nature timing and frequency of the training in addition to record keeping requirements and approved that can provide the training.

Justification

Sanitation work is a dangerous and often fatal occupation. In July, 2005 John-Paul Rodrigues, a twenty-four year old Ossining sanitation worker, died after a fall from the back of a sanitation truck. His death followed other sanitation worker deaths in Westchester County occurring over the previous few years. Since Rodrigues death a Bronx sanitation worker died of injuries sustained from sanitation truck fall in 2006, and nineteen-year old Town of Babylon seasonal worker died from a head injury falling from a moving truck in July, 2007.

According to National Institute for Occupational Safety and Health (NIOSH) May 1997 Report (97-100), many sanitation workers fatalities occur when workers fall or are struck by refuse collection vehicles. The National Traumatic Occupational Fatalities surveillance system indicated that between 1980 and 1992, 450 workers aged 16 or older died in incidents related to refuse collection; 303 (67%) of these incidents were vehicle related NIOSH 1995. Of the vehicle related deaths, 110 (36%) occurred when the worker slipped or fell from a refuse collection vehicle, was struck or run over by the vehicle, or fell and was struck or run over by the refuse collection vehicle. Twenty (18%) of the fatalities occurred when the refuse collection truck was backing up.

The hazards of working on and near moving sanitation trucks as also been documented by the York State Census of Fatal Occupational injuries from 1992-2000. The data revealed that the largest percentage of fatal occupational injuries was represented by a group including motor vehicle operators, construction laborers, machine operators, and those work on and with vehicles.

Deaths from traumatic occupational injuries represent a significant public health concern, and have enormous emotional and financial repercussions on the immediate families and society. Such deaths are preventable particularly since NIOSH has reported that sanitation employers and workers may not be fully aware of or are complacent about the hazards of riding on and working near moving refuse collection vehicles. NIOSH recommendations include annual and refresher training for all sanitation workers which has been mandated in this legislation.

There are minimal or no costs to municipalities for instituting sanitation worker training. First, most if not all municipalities have training programs in place. Second, if there are no training at no or little cost available through state grants, statewide and local unions

like the Civil Service Employees Association, The Public Employee Safety and Health Bureau of the New York State Department of Labor (PESH), and the National Solid Waste Management Association.

Prior legislative history

2009/2010- S.5117-B (DIED - Finance) 2011/2012 - S.2831 (Died Labor)

Fiscal implications

Minimal to municipalities since many, if not all, have existing training programs, and training is available at little or no cost.

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become a law; provided however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such effective date.