Bill Text: NY A09546 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Establishes safety measures for hoisting; requires the commissioner of labor to promulgate rules and regulations pertaining to safety every ten years.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced - Dead) 2022-04-12 - print number 9546a [A09546 Detail]

Download: New_York-2021-A09546-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9546

                   IN ASSEMBLY

                                     March 16, 2022
                                       ___________

        Introduced  by M. of A. DICKENS -- read once and referred to the Commit-
          tee on Labor

        AN ACT to amend the labor law, in relation to establishing safety  meas-
          ures  for  hoisting and requiring the commissioner of labor to promul-
          gate rules and regulations pertaining to safety every ten years

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

     1    Section  1.  The  labor  law is amended by adding a new section 256 to
     2  read as follows:
     3    § 256. Hoisting safety. 1. For the purposes of this section:
     4    (a) "Active or passive load stabilization mechanism" means any  active
     5  or  passive  external  device  attached to the bottom hook of a crane or
     6  similar lifting machine  that  stabilizes  any  load  with  computerized
     7  control and human input in order to enhance worker safety.
     8    (b)  "Fall  zone"  means  the area, including, but not limited to, the
     9  area directly beneath the load, in which it  is  reasonably  foreseeable
    10  that partially or completely suspended materials could fall in the event
    11  of an accident.
    12    (c)  "Tilt-up or tilt-down operation" means raising or lowering a load
    13  from horizontal to vertical or from vertical to horizontal.
    14    (d) "Boom free fall" means that only the brake or clutch  is  used  to
    15  regulate  the  descent of the load line from an inclined spar, strut, or
    16  other long structural member which supports the upper hoisting tackle on
    17  a crane or derrick.
    18    2. Where available, hoisting routes  that  minimize  the  exposure  of
    19  employees  to hoisted loads shall be used, to the extent consistent with
    20  public safety.
    21    3. While the operator is not moving  a  suspended  load,  no  employee
    22  shall be within the fall zone, except for employees:
    23    (a) engaged in hooking, unhooking or guiding a load;
    24    (b)  engaged  in  the initial attachment of the load to a component or
    25  structure; or
    26    (c) operating a concrete hopper or concrete bucket.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13395-02-2
        A. 9546                             2

     1    4. When employees are engaged in hooking, unhooking,  or  guiding  the
     2  load in the initial connection of a load to a component or structure and
     3  are within the fall zone, all of the following criteria must be met:
     4    (a)  a tag line shall be used if the materials being hoisted are under
     5  one thousand pounds and do not present a  risk  of  critical  injury  as
     6  determined by the project manager or safety engineer;
     7    (b) an active or passive load stabilization mechanism shall be used if
     8  the  materials being hoisted are equal to or over one thousand pounds or
     9  present a risk of critical injury to an employee as  determined  by  the
    10  project manager or safety engineer;
    11    (c)  the  materials  being hoisted shall be rigged to prevent uninten-
    12  tional displacement;
    13    (d) hooks with self-closing latches or their equivalent shall be used,
    14  except that "J" hooks shall be permitted to be used for  setting  wooden
    15  trusses; and
    16    (e) the materials shall be rigged by a qualified rigger.
    17    5.  Only  employees  needed to receive a load shall be permitted to be
    18  within the fall zone when a load is being landed.
    19    6. During a tilt-up or tilt-down operation:
    20    (a) no employee shall be directly under the load;
    21    (b) only employees essential to the operation shall  be  permitted  in
    22  the fall zone, but shall not be permitted to be directly under the load.
    23  An employee is essential to the operation if such employee is conducting
    24  one  of  the following operations and the employer can demonstrate it is
    25  infeasible for such employee to perform that operation from outside  the
    26  fall zone:
    27    (i) physically guide the load;
    28    (ii)  closely monitor and give instructions regarding the load's move-
    29  ment; or
    30    (iii) either detach the load from or  initially  attach  the  load  to
    31  another  component  or structure, such as, but not limited to, making an
    32  initial connection or installing bracing.
    33    7. Boom free fall is prohibited when an employee is in the  fall  zone
    34  of  the  boom  or  load,  and  load line free fall is prohibited when an
    35  employee is directly under the load.
    36    § 2. Subdivision 2 of section 27 of the labor law is amended by adding
    37  a new paragraph g to read as follows:
    38    g. The commissioner shall, every ten years, promulgate rules and regu-
    39  lations, or amend existing rules and regulations  relating  to  outdated
    40  and unsafe technologies with the best available technologies at the time
    41  of  such  promulgation  or amendment. In developing such rules and regu-
    42  lations, the commissioner shall:
    43    (i) Contract  occupational  health  professionals,  industrial  safety
    44  engineers,  and mechanical engineers to provide expert assistance in the
    45  replacement of outdated standards; and
    46    (ii) Conduct public hearings  on  new  regulations  where  businesses,
    47  unions,  and members of the general public have the opportunity to speak
    48  on proposals, provide recommendations, and add amendments.
    49    § 3. This act shall take effect immediately.