Provides protections for telecommunications tower technicians, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4938
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2025
                                ___________
 
 Introduced  by M. of A. LEVENBERG, JACOBSON, SHRESTHA, BENEDETTO, MAMDA-
   NI, HEVESI, GONZALEZ-ROJAS,  EACHUS,  REYES,  STERN,  FORREST,  RAMOS,
   BURDICK,  SLATER,  GANDOLFO,  DeSTEFANO,  DURSO,  LEMONDES,  CHANG  --
   Multi-Sponsored by -- M.  of A. GIGLIO -- read once  and  referred  to
   the Committee on Labor

 AN  ACT to amend the labor law, in relation to providing protections for
   telecommunications tower technicians
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative intent. Installation and maintenance of tele-
 communications equipment on towers is sensitive work that requires dili-
 gent consideration of safety concerns. Tower climbing  is  an  essential
 yet dangerous job - between 2003 and 2022, 166 workers in the cell tower
 industry  died  on  the  job  - but there are few regulations and safety
 standards in place.
   Additionally, the existence of multi-layered employment structures  in
 the industry can weaken employer accountability for ensuring safe condi-
 tions, impacting both workers and the public.
   The  work tower technicians perform ensures New Yorkers have access to
 reliable and convenient cell service that is essential to daily life, as
 well as reliable 911 services. Many of these towers are state assets  or
 on  state-owned  land.  New  York  state  has a proprietary and economic
 interest in ensuring that its property is properly maintained and  safe-
 guarded,  that  equipment installed on state property does not cause any
 undue risk to property or livelihood.
   § 2. The labor law is amended by adding a new article 21-C to read  as
 follows:
                                ARTICLE 21-C
                       TOWER TECHNICIAN PROTECTIONS
 SECTION 795.   DEFINITIONS.
         795-A. TOWER TECHNICIAN PROTECTIONS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07127-01-5
 A. 4938                             2
 
         795-B. SEVERABILITY.
   §  795.  DEFINITIONS.  FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "BIDDER" MEANS ANY INDIVIDUAL,  BUSINESS,  VENDOR  OR  OTHER  LEGAL
 ENTITY,  OR  ANY  EMPLOYEE, AGENT, CONSULTANT OR PERSON ACTING ON BEHALF
 THEREOF, THAT SUBMITS A BID IN RESPONSE TO A SOLICITATION.
   2. "TELECOMMUNICATIONS TOWER" MEANS ANY FREESTANDING  TOWER,  MONOPOLE
 OR  SIMILAR  STRUCTURE  OR  FACILITY  USED FOR THE PROVISION OF WIRELESS
 SERVICES INCLUDING ANCILLARY TELECOMMUNICATIONS  EQUIPMENT  REQUIRED  TO
 INTEGRATE  SUCH STRUCTURE OR FACILITY INTO AN EXISTING OR PROPOSED WIRE-
 LESS NETWORK.
   3. "TOWER TECHNICIAN" MEANS ANY  TELECOMMUNICATIONS  PROFESSIONAL  WHO
 INSTALLS,  REPAIRS,  AND  MAINTAINS TELECOMMUNICATIONS TOWERS AND EQUIP-
 MENT.
   4. "CONTRACTOR" MEANS  ANY  PERSON,  FIRM,  PARTNERSHIP,  CORPORATION,
 ASSOCIATION,   COMPANY,   ORGANIZATION  OR  OTHER  ENTITY,  INCLUDING  A
 CONSTRUCTION MANAGER, GENERAL OR PRIME CONTRACTOR, JOINT VENTURE, OR ANY
 COMBINATION THEREOF, WHICH ENTERS INTO A CONSTRUCTION CONTRACT  WITH  AN
 OWNER.
   5.  "SUBCONTRACTOR"  MEANS ANY PERSON, FIRM, PARTNERSHIP, CORPORATION,
 COMPANY, ASSOCIATION, ORGANIZATION OR OTHER ENTITY, OR  ANY  COMBINATION
 THEREOF,  WHICH IS A PARTY TO A CONTRACT WITH A CONTRACTOR, AND/OR PARTY
 TO A CONTRACT WITH  THE  CONTRACTOR'S  SUBCONTRACTORS  AT  ANY  TIER  TO
 PERFORM  ANY  PORTION OF WORK WITHIN THE SCOPE OF THE CONTRACTOR'S TOWER
 SERVICES CONTRACT WITH THE OWNER, INCLUDING WHERE THE SUBCONTRACTOR  HAS
 NO DIRECT PRIVITY OF CONTRACT WITH THE CONTRACTOR.
   6.  "PROCUREMENT CONTRACT" MEANS ANY WRITTEN AGREEMENT ENTERED INTO BY
 A STATE AGENCY FOR THE ACQUISITION OF GOODS, SERVICES, OR CONSTRUCTION.
   7. "TOWER SERVICES" MEANS ANY WORK PERFORMED BY A TOWER TECHNICIAN, OR
 LICENSING AGREEMENTS REGARDING THE USE OF STATE-OWNED TELECOMMUNICATIONS
 TOWERS.
   8. "OSHA" MEANS THE FEDERAL OCCUPATIONAL SAFETY  AND  HEALTH  ADMINIS-
 TRATION.
   §   795-A.  TOWER  TECHNICIAN  PROTECTIONS.  1.  FOR  ANY  PROCUREMENT
 CONTRACTS FOR TOWER SERVICES ENTERED INTO BY  NEW  YORK  STATE,  OR  ANY
 AGENCY, DEPARTMENT, DIVISION, BUREAU, OFFICE, OR OTHER SUBDIVISION THER-
 EOF AND A PRIVATE ENTITY, THE REQUIREMENTS OF THIS SECTION SHALL BE MET.
   2.  (A) TOWER TECHNICIANS EMPLOYED BY A BIDDER AND ALL ITS CONTRACTORS
 AND/OR SUBCONTRACTORS SHALL BE PROVIDED THE FOLLOWING  TRAININGS  DURING
 WORK  HOURS  AND WITHOUT SUFFERING A LOSS OF PAY, BY A BONA FIDE SOURCE,
 INCLUDING BUT NOT LIMITED TO:
   (I) OSHA'S 1926 STANDARDS TRAINING FOR CONSTRUCTION COURSE;
   (II) IN-PERSON FIRST AID AND CARDIOPULMONARY RESUSCITATION;
   (III) RADIOFREQUENCY RADIATION AWARENESS;
   (IV) THE GLOBALLY HARMONIZED SYSTEM FOR CLASSIFICATION OF CHEMICALS;
   (V) OSHA'S STANDARDS FOR PROTECTIONS AGAINST BLOODBORNE PATHOGENS;
   (VI) AN AUTHORIZED OR COMPETENT CLIMBER COURSE;
   (VII) AN AUTHORIZED OR COMPETENT RESCUER COURSE;
   (VIII) A COMPETENT RIGGER OR QUALIFIED PERSON COURSE;
   (IX) A CAPSTAN HOIST OPERATOR COURSE;
   (X) A SIGNAL PERSON COURSE; AND
   (XI) A MOBILE ELEVATED WORK PLATFORM COURSE.
   (B) ALL TRAININGS UNDER PARAGRAPH (A) OF THIS SUBDIVISION SHALL, WHER-
 EVER POSSIBLE, MEET OR EXCEED OSHA SAFETY STANDARDS OR  BE  OSHA  CERTI-
 FIED.
 A. 4938                             3
 
   3.  A  BIDDER  SHALL SUBMIT WITH ITS BID A LIST OF ALL CONTRACTORS AND
 SUBCONTRACTORS, THAT INCLUDES THE FOLLOWING INFORMATION  FOR  EACH  SUCH
 CONTRACTOR AND SUBCONTRACTOR:
   (A)  THE  BIDDER'S NAME, STATE AND FEDERAL TAX IDENTIFICATION NUMBERS,
 STATE CONTRACTOR'S LICENSE NUMBER, LICENSE CATEGORY, AND LICENSE EXPIRA-
 TION DATE SCOPE, AND THE DURATION AND LOCATION OF WORK TO BE PERFORMED;
   (B) CONFIRMATION THAT THE BIDDER'S EMPLOYEES, OR THE EMPLOYEES OF  THE
 RELEVANT  CONTRACTOR,  SUBCONTRACTOR, OR AGENT HAVE THE REQUIRED CERTIF-
 ICATIONS, TRAININGS AND LICENSES, SPECIFYING THE CONTRACTOR, SUBCONTRAC-
 TOR, OR AGENT IF APPLICABLE;
   (C) A LIST OF JOB TITLES AND WAGES FOR ALL TOWER TECHNICIANS;
   (D) WHETHER SUCH TOWER TECHNICIANS ARE DIRECTLY EMPLOYED; AND
   (E) ANY  PREVIOUS  AND  PENDING  ENFORCEMENT  ACTIONS  RESULTING  FROM
 VIOLATIONS OF STATE OR FEDERAL LABOR LAW, ALONG WITH ANY PENALTIES PAID,
 CRIMINAL CONVICTIONS, OR JUDGMENTS RELATED TO THE PROVISIONS OF NEW YORK
 STATE  LABOR  AND  EMPLOYMENT LAWS, THE FEDERAL LABOR STANDARDS ACT, AND
 THE OCCUPATIONAL SAFETY AND HEALTH ACT.
   4. ANY INFORMATION PROVIDED BY A BIDDER SHALL BE SUBJECT TO THE  FREE-
 DOM OF INFORMATION LAW UNDER ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
   5.  A BIDDER SHALL, ON A YEARLY BASIS, PROVIDE THE INFORMATION IN THIS
 SECTION TO THE COMPTROLLER AND THE DEPARTMENT, SEPARATE FROM THE  APPLI-
 CATION PROCESS.
   6.  NOTHING  IN  THIS  SECTION SHALL BE DEEMED TO DIMINISH THE RIGHTS,
 PRIVILEGES, OR REMEDIES OF ANY EMPLOYEE UNDER ANY COLLECTIVE  BARGAINING
 AGREEMENT TO THE CONTRARY.
   § 795-B. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION
 OR  SECTION  OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT
 JURISDICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT,  IMPAIR,  OR
 INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION
 TO  THE  CLAUSE,  SENTENCE,  PARAGRAPH,  SUBDIVISION  OR SECTION THEREOF
 DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDGMENT  SHALL  HAVE
 BEEN RENDERED. IT IS HEREBY DECLARED TO BE THE INTENT OF THE LEGISLATURE
 THAT  THIS  ARTICLE  WOULD  HAVE  BEEN  ENACTED  EVEN  IF  SUCH  INVALID
 PROVISIONS HAD NOT BEEN INCLUDED HEREIN.
   § 3. This act shall take effect immediately.