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A03987 Summary:

A03987 Actions:

A03987 Committee Votes:

A03987 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A3987
 
SPONSOR: Weprin

 
TITLE OF BILL:  An act to amend the state finance law, in relation to
products manufactured under conditions that fail to comply with minimum
OSHA standards
 
 
PURPOSE:
 
To ensure that the state do not condone, support or complement manufac-
turing revenues at the expense of the health, safety and well-being of
workers engaged in product development.
 
 
SUMMARY OF PROVISIONS:
 
This bill seeks to ban the purchase, by the State of New York, of
produces manufactured overseas by American concerns that are not observ-
ing, minimally, Section 18(c} of the United States Occupational Safety
and Health Act of 1970, 1902.32(b) to render their manufacturing oper-
ations under a plan that is "at least as effective as" operations under
the Federal program in providing safe and healthful employment and piec-
es of employment.
 
The bill further proposes the establishment of a list by the New York
State Office of General Services classifying the products and manufac-
turers that are not in compliance with regard to the minimal Federal
standards constituting safe and healthful environments by any American
manufacturing entity. Such list, available on an Office of General
Services website, shall serve as a purchasing guide for New York State
departments, divisions, offices, authorities and public benefit corpo-
rations purchasing equipment, devices, office accessories and related
goods.
 
 
EFFECTS OF THE PRESENT LAW WHICH THIS BILL WOULD ALTER:

This bill would give the commissioner of general services the power to
develop a list of products, that in the absence of observing the Occupa-
tional Safety and Health Act of 1970 standards, would not be among those
products eligible to be purchased by the State. Furthermore, the commis-
sioner would have the power add or delete from such list, with good
cause. Said list would be published on the office of general services
website.
 
 
JUSTIFICATION:
 
A number of incidents have proliferated the headlines during the last
year regarding injuries and fatalities resulting from physical condi-
tions in the work environment of foreign enterprises manufacturing Amer-
ican product. Most recently in December, 2011 when an explosion at a
Shanghai supplier to Apple resulted in the injury of 61 workers when
aluminum dust produced by polishing !Pad cases ignited. Compliance with
OSHA standards could result in a higher cost of production on foreign
soil reverting manufacturing to the U.S.
 
 
LEGISLATIVE HISTORY:
 
02/09/17 referred to governmental operations
01/03/18 referred to governmental operations
 
 
FISCAL IMPLICATION:
 
To be determined with regard to cost of establishing the data bank.
 
 
EFFECTIVE DATE:
This act shall take effect on the 90th day after it shall become a law.

A03987 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3987
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 31, 2019
                                       ___________
 
        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.
                                                                   LBD07434-01-9
        A. 3987                             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.