What's happening
This bill requires New York to license OSHA construction safety course providers and mandates reporting of issued safety cards to the state.
Why it matters
State oversight of OSHA safety course providers ensures higher accountability and quality. , meaning that safety training for construction workers may become more standardized and trustworthy, reducing the risk of fraudulent or inadequate certifications.
Mandatory reporting of all issued OSHA safety cards to the state creates a centralized record. , which can help prevent falsification of credentials and make it easier for employers and regulators to verify if workers have completed proper safety training.
The licensing requirement could impact the availability and accessibility of OSHA courses. , possibly increasing administrative burdens for training providers but also potentially leading to safer worksites if only vetted organizations can offer courses.
Enabling the state labor commissioner to set rules for these processes means ongoing adaptability. , allowing the state to respond to emerging safety issues or loopholes in training and credentialing.
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Who cares
Headline styles
Require Safety Course Proof
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to labor
- Referred to labor
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
581
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
Introduced by Sen. PERALTA -- read twice and ordered printed, and when printed to be committed to the Committee on Labor
AN ACT to amend the labor law, in relation to enacting the "construction safety course accountability act"
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Short title. This act shall be known and may be cited as the "construction safety course accountability act".
§ 2. Section 220-h of the labor law, as added by chapter 282 of the laws of 2007, is amended to read as follows:
§ 220-h. Occupational Safety and Health Administration (OSHA) construction safety and health course. 1. The advertised specifications for every contract for the construction, reconstruction, maintenance and/or repair of public work to which the state or a municipality is a party, where the total cost of all work to be performed under the contract is at least two hundred fifty thousand dollars, shall contain a provision requiring that all laborers, workers, and mechanics employed in the performance of the contract on the public work site, either by the contractor, sub-contractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract, shall be certified prior to performing any work on the project as having successfully completed a course 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.
2. The department shall license any entity or organization in the 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, including, but not limited to courses given in order that such laborers, workers and mechanics may be eligible to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00050-01-7
S. 581 2
work on certain projects pursuant to subdivision one of this section or pursuant to any local rule, regulation or ordinance.
3. Any person, entity or organization which issues an Occupational Safety and Health Administration construction and safety health course card in the state shall submit a copy to the department, with the cardholder's name and address and the date of issuance.
4. The commissioner shall promulgate any rules or regulations necessary for the implementation of subdivisions two and three of this section.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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
2015-2016--S1263 2013-2014 - S.79 2011-12: S.76 2010: S.7543/A.10062-A
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.