Bill Text: NY A09583 | 2011-2012 | General Assembly | Introduced

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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 - Dead) 2012-03-16 - referred to governmental operations [A09583 Detail]

Download: New_York-2011-A09583-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9583
                                 I N  A S S E M B L Y
                                    March 16, 2012
                                      ___________
       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
   26  SUBDIVISION. THE PROVISIONS OF THIS PARAGRAPH MAY BE WAIVED BY THE  HEAD
   27  OF  THE STATE AGENCY IF THE HEAD OF THE STATE AGENCY DETERMINES IN WRIT-
   28  ING THAT IT IS IN THE BEST INTERESTS OF THE STATE TO DO SO. THE HEAD  OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14750-01-2
       A. 9583                             2
    1  THE  STATE  AGENCY SHALL DELIVER EACH SUCH WAIVER TO THE COMMISSIONER OF
    2  GENERAL SERVICES.
    3    S  2.  This  act shall take effect on the ninetieth day after it shall
    4  have become a law.