Enacts the "construction safety course accountability act"

BILL NUMBER:S79

Title of bill

An act to amend the labor law, in relation to enacting the "construction safety course accountability act"

Purpose

To ensure the integrity of construction safety training programs mandated pursuant to state and local laws, by requiring that entities providing such courses register with the department of labor and that they report the issuance of safety certificates so that a current database of certificate holders can be maintained.

Summary of provisions

Section 1 of the bill names the act the "construction safety course accountability act." Section 2 amends section 220-h of the labor law by adding subsection 2 to require that any entity in New York state which offers a course to laborers, workers, and mechanics in construction safety and health, approved by the United States department of labor's occupational safety and health administration that is at least ten hours in duration, obtain a license from the department of labor; adds subsection 3 to require that any entity offering such a course submit a copy of the certificate or card issued to any individual indicating completion of such course to the department of labor so the department can maintain a current database of cardholders; and adds subsection 4 to give the commissioner the authority to promulgate any rules or regulations necessary to implement subdivisions 2 and 3 of this section.

Section 3 provides that the act shall take effect immediately.

Justification

Section 220-h of the labor law requires laborers, workers, and mechanics employed on certain construction projects to complete a course of instruction on safety and health approved by the United States Department of Labor's Occupational Safety and Health Administration that is at least ten hours in duration, commonly known as the "OSHA 10" course. New York City has a similar regulation. Currently there is no centralized agency that tracks who has taken the OSHA 10 course, and no centralized agency that tracks which entities and organizations are certified to teach the course. Because of that, it is difficult for employers and safety enforcement agencies to establish the validity of cards purporting to indicate that an individual has completed an OSHA 10 course, and there have been significant instances of fraud in the administration of such courses. For example, newspapers discovered instances of classes being given in two hours rather than ten, and in a bar rather than in a classroom. This legislation would ensure that OSHA 10 courses are properly administered and would reduce instances of fraud in the issuance of OSHA 10 course completion cards.

Legislative history

2011-12: S.76 2010: S.7543/A.10062-A

Fiscal implications

None.

Effective date

Immediately.