Relates to procedures for issuing safety and health rules

◆ The sponsor's argument

Why Jessica Ramos says this is needed

Labor Law Section 29 was first added to New York state law in 1921 and has remained in its current form in since 1975. Section 29 predates Section 202 of SAPA (enacted in 1984), which is the rulemaking procedure that DOL and other state agencies must follow, including providing public notice, an opportunity for public comment, and filing of the final rule with the Secretary of State. SAPA also includes procedures for engaging with impacted entities and contains its own effective date provisions. Section 29 requires DOL to hold a public hearing before any safety and health rule is adopted, amended, or repealed. Every such rule must be promptly published in a newspaper (or newspapers) as prescribed by the Commissioner of Labor and would take effect twenty days after the first publication unless the Commissioner chooses a different date. Certified copies of the final rule must also be filed with the Secretary of State. DOL provides public notice on all rulemaking activity by following the SAPA process, making this preexisting - and sometimes contradictory - requirement in Labor Law Section 29 unnecessary. DOL currently follows both SAPA Section 202 and Labor Law Section 29 when adopting, amending, or repealing a safety and health rule. See, NY State Coalition of Pub. Enipls. v NY State Dept. of Labor, 89 A.D.2d 283, 287-288 (3d Dept 1982) (holding that the Commissioner's adoption of safety and health record- keeping regulations must follow rulemaking proceedings in Labor Law Section 29). DOL has routinely held public hearings that are not attended by any members of the public and purchased publication notices in newspapers, which is duplicative because the same proposed rules are published in the State Register and available online. This proposal would save DOL time and resources by eliminating unnecessary and contra- dictory administrative steps for DOL during the rulemaking process, while maintaining compliance with SAPA. This bill would retain the Commissioner's existing, discretionary authority in Section 29 to appoint committees composed of employers, employees, and experts to suggest safety and health rules or changes.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.