S T A T E   O F   N E W   Y O R K
           ________________________________________________________________________
    
                                             7785
    
                                  2007-2008 Regular Sessions
    
                                     I N  A S S E M B L Y
    
                                        April 25, 2007
                                          ___________
    
           Introduced  by  M. of A. JOHN -- read once and referred to the Committee
             on Labor
    
           AN ACT to amend the labor law, in relation  to  requiring  employers  to
             provide safety ropes and system components to firefighters
    
             THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
           BLY, DO ENACT AS FOLLOWS:
    
        1    Section 1. Subdivision 1 of section 27-a of the labor law  is  amended
        2  by adding a new paragraph e to read as follows:
        3    E.  "SYSTEM  COMPONENTS"  MEANS  LIFE SAFETY HARNESS, BELTS, ASCENDING
        4  DEVICES, CARABINERS, DESCENT CONTROL  DEVICES,  ROPE  GRAB  DEVICES  AND
        5  SNAP-LINKS.
        6    S  2.  Subdivision  4  of section 27-a of the labor law, as amended by
        7  chapter 706 of the laws of 1990, is amended to read as follows:
        8    4. Safety and health standards. a.  The  commissioner  shall  by  rule
        9  adopt  all  safety  and  health  standards  promulgated under the United
       10  States Occupational Safety and Health Act of 1970 (Public  Law,  91-596)
       11  which  are  in effect on the effective date of this section, in order to
       12  provide reasonable and adequate protection  to  the  lives,  safety  and
       13  health  of  public  employees and shall promulgate and repeal such rules
       14  and regulations as may be necessary to conform to the  standards  estab-
       15  lished  pursuant to such act or pursuant to paragraph b of this subdivi-
       16  sion.
       17    b. Notwithstanding the provisions of paragraph a of this  subdivision,
       18  the commissioner, in consultation with the state occupational safety and
       19  health  hazard  abatement  board, shall promulgate rules and regulations
       20  recommended to him by such board which establish standards whenever such
       21  board finds (i) that no  federal  standard  exists  for  the  particular
       22  condition  being addressed and that such a standard is necessary for the
       23  protection of the public employees at risk, or (ii) a  federal  standard
       24  exists,  but  conditions  in  public  workplaces in this state require a
       25  different standard, and such state standard will be at least  as  effec-
    
            EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                                 { } is old law to be omitted.
                                                                      LBD07636-03-7
    
           A. 7785                             2
    
        1  tive in providing safe and healthful places of employment as the federal
        2  standard.
        3    c.  EXCEPT FOR AN EMPLOYER LOCATED IN A CITY WITH A POPULATION OF OVER
        4  ONE MILLION, ANY EMPLOYER WHO EMPLOYS A FIREFIGHTER SHALL PROVIDE SAFETY
        5  ROPES AND SYSTEM COMPONENTS FOR USE BY SUCH FIREFIGHTER. THE COMMISSION-
        6  ER SHALL BY RULE ADOPT THE CODES, STANDARDS  AND  RECOMMENDED  PRACTICES
        7  PROMULGATED BY THE MOST RECENT EDITION OF NATIONAL FIRE PROTECTION ASSO-
        8  CIATION  1983,  STANDARD  ON  FIRE  SERVICE  LIFE SAFETY ROPE AND SYSTEM
        9  COMPONENTS, AND AS ARE APPROPRIATE TO THE NATURE OF THE  RISK  TO  WHICH
       10  THE  FIREFIGHTER  SHALL  BE EXPOSED. SUCH SAFETY ROPES AND SYSTEM COMPO-
       11  NENTS SHALL BE ADEQUATE TO PROTECT THE HEALTH AND SAFETY  OF  THE  FIRE-
       12  FIGHTER. THE EMPLOYER SHALL ENSURE THAT THE FIREFIGHTER IS INSTRUCTED IN
       13  THE PROPER USE OF THE SAFETY ROPES AND SYSTEM COMPONENTS.
       14    IN  ORDER TO ENSURE THE ADEQUACY OF THE SAFETY ROPES AND SYSTEM COMPO-
       15  NENTS, THE EMPLOYER MUST ROUTINELY INSPECT AND ENSURE THAT:
       16    (1) EXISTING SAFETY ROPES AND SYSTEM COMPONENTS MEET THE CODES, STAND-
       17  ARDS AND RECOMMENDED PRACTICES ADOPTED BY THE COMMISSIONER.
       18    (2) EXISTING SAFETY ROPES AND SYSTEM COMPONENTS  STILL  PERFORM  THEIR
       19  FUNCTION AND TO IDENTIFY ANY OF THEIR LIMITATIONS SUCH AS BUT NOT LIMIT-
       20  ED TO:
       21    (I) CHECKING THE LABELS OR STAMPS ON THE EQUIPMENT; AND
       22    (II) CHECKING ANY DOCUMENTATION OR EQUIPMENT SPECIFICATIONS; AND
       23    (III) CONTACTING THE SUPPLIER OR THE APPROVAL AGENCY;
       24    (3)  FIREFIGHTERS  ARE INFORMED OF THE LIMITATIONS OF ANY SAFETY ROPES
       25  AND SYSTEM COMPONENTS;
       26    (4) FIREFIGHTERS ARE NOT ALLOWED OR REQUIRED TO USE ANY  SAFETY  ROPES
       27  OR SYSTEM COMPONENTS BEYOND THEIR LIMITATIONS;
       28    (5)  EXISTING AND NEW SAFETY ROPES AND SYSTEM COMPONENTS HAVE NO VISI-
       29  BLE DEFECTS THAT LIMIT THEIR SAFE USE;
       30    (6) SAFETY ROPES AND SYSTEM COMPONENTS ARE USED,  CLEANED,  MAINTAINED
       31  AND STORED ACCORDING TO MANUFACTURER`S INSTRUCTIONS;
       32    (7)  THE  FIREFIGHTER IS INSTRUCTED IN IDENTIFYING TO THE EMPLOYER ANY
       33  DEFECTS THAT THE FIREFIGHTER MAY FIND IN SAFETY ROPES AND SYSTEM  COMPO-
       34  NENTS; AND
       35    (8)  ANY IDENTIFIED DEFECTS ARE CORRECTED OR IMMEDIATE ACTION IS TAKEN
       36  BY THE EMPLOYER TO ELIMINATE THE USE OF THIS EQUIPMENT.
       37    D. Any person who may be adversely affected by a standard issued under
       38  this section may, within thirty days after the effective  date  of  such
       39  standard,  commence a proceeding for judicial review pursuant to article
       40  seventy-eight of the civil practice law and rules.
       41    S 3. This act shall take effect on the sixtieth  day  after  it  shall
       42  have become a law.