What's happening
This bill requires a 10% workers' compensation insurance premium reduction for landscape businesses whose employees complete an OSHA-approved safety course.
Why it matters
Promotes workplace safety by incentivizing landscape businesses to ensure at least half their employees complete a specialized OSHA construction safety course, which could reduce job-related accidents and injuries.
Creates a direct financial benefit for small and mid-size landscape companies, which often operate on tight margins, by lowering their mandatory insurance costs if they invest in employee safety training.
Standardizes the process for obtaining the premium reduction through a form developed by multiple state agencies, potentially making it easier for businesses to participate and for the state to track compliance.
Empowers state regulators to create rules for implementation, which could help ensure that the program operates effectively and adapts to industry needs over time.
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Who cares
Headline styles
Discounts for Safe Landscapers
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 7
No co-sponsors yet.
History
- Referred to labor
- Referred to labor
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Lower Insurance for Safe Landscapers
In Assembly Committee · Labor · Sponsor Albert A. Stirpe
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5331
2019-2020 Regular Sessions
IN SENATE
April 26, 2019
Introduced by Sen. KAPLAN -- read twice and ordered printed, and when printed to be committed to the Committee on Labor
AN ACT to amend the workers' compensation law, in relation to providing an insurance premium reduction for landscape businesses whose employees complete a safety course for the landscape industry
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The workers' compensation law is amended by adding a new section 138 to read as follows:
§ 138. Occupational safety and health administration course; premium reduction. 1. For purposes of this section, the term "landscape business" shall mean a business whose primary concern involves the modification of the visible features of an area of land, and shall include, but not be limited to, lawn care, gardening and the removal or pruning of trees.
2. Notwithstanding any other provision of law to the contrary, any insurer doing business within this state who offers workers' compensation insurance to landscape businesses doing business within this state shall provide a ten percent reduction in its premiums for such insurance to any landscape business that meets the requirements set forth in subdivision three of this section.
3. Any person, firm, partnership, limited liability company, corporation or any other business entity shall receive a ten percent reduction in its workers' compensation premium for any year in which fifty percent or more of the employees of such business successfully complete the ten hour construction safety course for the landscaping industry approved by the occupational safety and health administration. Such premium reduction shall be available on an annual basis. Application for such premium reduction shall be made in a manner and with a standardized form to be developed cooperatively between the commission-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11346-01-9
S. 5331 2
ers of the state insurance fund, the commissioner of labor and the superintendent of financial services.
4. The commissioners of the state insurance fund, in cooperation with the commissioner of labor and the superintendent of financial services, are authorized to promulgate rules and regulations necessary to implement the provisions of this section.
§ 2. This act shall take effect on the one hundred twentieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the workers' compensation law, in relation to providing an insurance premium reduction for landscape busi- nesses whose employees complete a safety course for the landscape indus- try
Purpose
This legislation allows for a 10% Workers' Compensation premium reduction for landscape businesses when a minimum of 50% of their employees take an OSHA approved 10 hour course.
Summary of provisions
Section 1 states that an insurer doing business within New York who offers workers' compensation coverage to landscape business shall provide a ten percent reduction in its premium if the landscape business has fifty percent or more of its employees successfully complete the ten hour construction safety course for landscaping industry as approved by OSHA. Premium reductions are for an annual basis. Further this section allows for the State Insurance Fund, Department of Labor, and Division of Financial Services to work collaboratively on an application as well as rules and regulations for this issue.
Section 2 is the effective date.
Justification
Providing a safe work environment for employees is paramount. Perhaps one of the most complex and dangerous is the landscape business. This legislation seeks to incentive employers to provide to their employees OSHA approved and certified training to help ensure their employees are most aware and up to date on the best safety practices of the industry. OSHA currently has a specific 10 hour course for this industry, by tying a Workers' Compensation premium reduction when a majority of a landscape companies passes this approved course will go a long way towards ensur- ing a greater number of employees are trained and are able to work safer and smarter.
Legislative history
None.
Fiscal implications
None.
Effective date
The act shall take effect 120 days after having become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.