Provides protections for telecommunications tower technicians, including requiring certain trainings during work hours without a loss of pay; requires certain reporting by bidders for telecommunication contracts.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4938
SPONSOR: Levenberg (MS) TITLE OF BILL:
An act to amend the labor law, in relation to providing protections for
telecommunications tower technicians
PURPOSE OR GENERAL IDEA OF BILL:
This bill requires tower services contracts between private entities and
New York State or any of its agencies to require certified safety train-
ings for tower climbers, as well as share details about the private
entity's contractors and subcontractors.
SUMMARY OF PROVISIONS:
Section 1 Outlines the legislative intent.
Section 2 Amends the Labor Law to require tower services contracts
between New York State or any of its agencies and a private company to
require certified safety trainings for tower climbers, as well as share
details about the private entity's contractors and subcontractors,
including identifying business information; confirmation they have the
required certifications; list of job titles, wages, and whether they are
directly employed; and any previous and pending enforcement actions
resulting from violations of state or federal labor law.
Section 3 establishes the effective date
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Not applicable at this time.
JUSTIFICATION:
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 wireless tower labor market is characterized by a
multi-layered contracting structure lacking transparency that leaves
workers largely removed from the profitable wireless carriers and wire-
less tower owners. This can weaken employer accountability for ensuring
safe conditions, impacting both workers and the public.
Tower climbers' jobs are essential. Not only do they provide essential
work for the cell service New Yorkers rely on every day, but for reli-
able 911 emergency services. Many of these towers are state assets or on
state-owned land, and New York State has the responsibility to ensure
high quality labor standards and protection of publicly owned assets.
Similar legislation and regulations have been passed to increase trans-
parency, including in New York City, Chula Vista, and San Diego.
PRIOR LEGISLATIVE HISTORY:
A. 10124 and S. 9179 of 2023/2024
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined
EFFECTIVE DATE:
This act shall take effect immediately.
