Bill Text: NY A06373 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Prohibits state purchase of products manufactured under conditions that fail to comply with minimum OSHA standards; requires the commissioner of general services to compile a list of products manufactured under conditions that fail to comply with minimum safety standards and the manufacturers thereof.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to governmental operations [A06373 Detail]

Download: New_York-2023-A06373-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          6373

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      April 5, 2023
                                       ___________

        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 manufac-
          tured under conditions that fail to comply with minimum OSHA standards

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Section 165 of the state finance law is amended by adding a
     2  new subdivision 9 to read as follows:
     3    9. Products manufactured in compliance with minimum Occupational Safe-
     4  ty and Health Act (OSHA) standards.
     5    a.  As  used  in this subdivision, "minimum OSHA standards" shall mean
     6  those standards issued pursuant to the Occupational  Safety  and  Health
     7  Act of 1970, as amended.
     8    b.  The  commissioner  of general services shall have the power and it
     9  shall be his or her duty to prepare a list  of  all  products  that  are
    10  manufactured  under  conditions  that  fail  to  observe:  (i) standards
    11  promulgated under OSHA; or (ii) standards that are at least as effective
    12  as the standards promulgated under OSHA, which relate to the same issues
    13  thereunder, where such a manufacturing operation occurs in  a  jurisdic-
    14  tion not otherwise required to comply with such standards, including any
    15  operation  which  takes  place in any other country, nation or province.
    16  The commissioner of general services shall prepare a companion  list  of
    17  the manufacturers of such products. The commissioner of general services
    18  shall  add  or  delete  from said lists any product or manufacturer upon
    19  good cause shown. The commissioner of general services shall cause  such
    20  lists to be published on the website of the office of general services.
    21    c. A state agency shall not enter into any contract for procurement of
    22  a  (i)  product  contained  on  the list prepared by the commissioner of
    23  general services pursuant to paragraph b of this  subdivision;  or  (ii)
    24  product manufacturer by a manufacturer contained on the list prepared by
    25  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.
                                                                   LBD10362-01-3
        A. 6373                             2

     1  subdivision. The provisions of this paragraph may be waived by the  head
     2  of  the state agency if the head of the state agency determines in writ-
     3  ing that it is in the best interests of the state to do so. The head  of
     4  the  state  agency shall deliver each such waiver to the commissioner of
     5  general services.
     6    § 2. This act shall take effect on the ninetieth day  after  it  shall
     7  have become a law.