What's happening
This bill prohibits New York state agencies from buying products made under conditions that don't meet minimum OSHA standards.
Why it matters
Creates a public list of non-compliant products and manufacturers. The bill requires the state to publish and maintain a list of products and manufacturers whose goods are made under conditions that do not meet OSHA or equivalent safety standards, including those produced internationally. This increases transparency and allows for informed decision-making by agencies and the public.
Extends labor standards beyond U.S. borders. By including goods made in other countries or jurisdictions, the law aims to prevent state agencies from supporting unsafe labor practices abroad, not just within the U.S., potentially influencing global supply chains.
Allows waivers in exceptional cases. The law provides for a waiver process if a state agency determines, in writing, that it is in the state's best interest to purchase from a non-compliant manufacturer, balancing ethical procurement with practical state needs.
Empowers oversight and accountability. The Commissioner of General Services is tasked with updating and managing the lists and waivers, centralizing oversight and making it easier to enforce compliance and track exceptions.
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Who cares
Office of General Services
The commissioner would have to maintain and publish lists of products and manufacturers whose production conditions fail to meet OSHA standards or equivalent standards in jurisdictions not subject to OSHA.
State purchasing agencies
Agencies would be barred from buying listed products or products made by listed manufacturers unless their agency head issues a written best-interest waiver and delivers it to the commissioner.
Manufacturers supplying New York State
Manufacturers, including those operating abroad, could lose access to state procurement contracts if their production conditions fail to meet the specified safety standards.
Manufacturing workers and workplace safety advocates
The bill would tie eligibility for state purchases to workplace safety conditions, including at manufacturing operations outside OSHA’s jurisdiction.
Headline styles
Stop Unsafe Product Purchases
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to governmental operations
- Referred to governmental operations
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3987
2019-2020 Regular Sessions
IN ASSEMBLY
January 31, 2019
Introduced by M. of A. WEPRIN -- read once and referred to the Committee on Governmental Operations
AN ACT to amend the state finance law, in relation to products manufactured under conditions that fail to comply with minimum OSHA standards
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 165 of the state finance law is amended by adding a new subdivision 9 to read as follows:
9. Products manufactured in compliance with minimum Occupational Safety and Health Act (OSHA) standards.
a. As used in this subdivision, "minimum OSHA standards" shall mean those standards issued pursuant to the Occupational Safety and Health Act of 1970, as amended.
b. The commissioner of general services shall have the power and it shall be his or her duty to prepare a list of all products that are manufactured under conditions that fail to observe: (i) standards promulgated under OSHA; or (ii) standards that are at least as effective as the standards promulgated under OSHA, which relate to the same issues thereunder, where such a manufacturing operation occurs in a jurisdiction not otherwise required to comply with such standards, including any operation which takes place in any other country, nation or province. The commissioner of general services shall prepare a companion list of the manufacturers of such products. The commissioner of general services shall add or delete from said lists any product or manufacturer upon good cause shown. The commissioner of general services shall cause such lists to be published on the website of the office of general services.
c. A state agency shall not enter into any contract for procurement of a (i) product contained on the list prepared by the commissioner of general services pursuant to paragraph b of this subdivision; or (ii) product manufacturer by a manufacturer contained on the list prepared by the commissioner of general services pursuant to paragraph b of this
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07434-01-9
A. 3987 2
subdivision. The provisions of this paragraph may be waived by the head of the state agency if the head of the state agency determines in writing that it is in the best interests of the state to do so. The head of the state agency shall deliver each such waiver to the commissioner of general services.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.