New York State Assembly, Albany, New York 12248

Fall 2001

A Special Report
from the

NYS Assembly
Subcommittee on

Safety in the Workplace

From the desk of
Assemblyman Peter J. Abbate, Jr., Chair

Pass by any school these days and you’ll probably see construction or rehabilitation work being done. Now, with a new school year underway, concern for the safety of students, teachers and school employees is heightened.

A young Brooklyn student, Yan Zhen Zhao, was fatally injured when falling bricks at an unsafe work site at PS 131 hit her. The School Construction Authority has been rightfully criticized for its role in the tragedy, which occurred at PS 131 on January 9, 1998. With so many construction projects ongoing in our city’s schools, it’s imperative that we do everything we can to prevent another tragedy from happening.

As Chairman of the New York State Assembly’s Safety in the Workplace Subcommittee, I am committed to seeing that all efforts are made to ensure that the work environment is first and foremost in the minds of employers.

In the following pages, you’ll find some information regarding our efforts to improve safety in the workplace. If you have any questions regarding these issues, please contact me at (718) 236-1764.

School Construction Safety

Our City’s school buildings are in a state of disrepair, and that neglect threatens learning and health. Building maintenance, renovation, construction, and code enforcement — if done at all — have for the most part been done poorly. It is necessary to inspect our schools regularly and thoroughly, as well as provide proper follow-up to determine appropriate action if any problems are found.

The poor conditions in our City’s schools and the efforts to repair them needs to be done with an emphasis on the safety of the workers making the repairs, the students, teachers and staff in school during construction, and people who live near the school. The many tragic accidents that have occurred as a result of neglect or shoddy workmanship need to serve as an impetus for providing a safer environment for everyone.

With so many of New York City’s public schools suffering from decades of neglect, school construction and renovation is a major issue. A poorly implemented renovation project can create fire hazards, excessive dust, noxious gases from cleaners, fumes from welding activity, and sometimes exposure to hazardous substances such as lead or asbestos. Additionally, the erection of temporary structures (such as scaffolding) needs to be done with safety first in mind.

Legislation that will improve safety measures at schools and decrease the chances of negligence needs to be enacted. It is vital that school construction and rehabilitation be done economically but without sacrificing safety.

Important Safety Measures Addressed by Labor Committee

The Assembly’s Labor Committee has introduced a number of bills (see below) aimed at improving worker safety by addressing a number of important issues.

• Limiting the number of overtime hours a nurse would be required to work as scheduled hours or voluntary overtime. There is an exception for emergency situations. (A.7127)

• Amending the workers’ compensation law to require that an injured worker’s personal physician be given notice of settlement agreements. (A.7001)

• Increasing penalties for violations of the Public Employment Safety & Health Act to an amount up to $300, and defining the term "willful." (A.3346)

• Increasing the penalties that an employer could incur as a result of violation of the labor law regarding the employment of minors. (A.7023)

Additionally, working with Assemblywoman Catherine Nolan, I’ve requested that funding for labor programs that support the efforts of working men and women be included in the state’s budget.

• The Mt. Sinai Irving J. Selikoff Occupational Health Clinical Center — funding is requested to allow this program which provides diagnostic evaluations, screenings, treatment, and referrals to injured workers.

• Ballistic Soft Body Armor — to make available soft body armor to give much needed protection to peace officers who are confronted with dangerous situations in the workplace.

School Safety Legislation Under Review

• Investigating the New York City School Construction Authority:
  Establishes a task force to investigate the effectiveness of the NYC School Construction Authority, and to abolish it if they are found to be negligent of their responsibilities. The goal of the Task Force is to find a better way to provide a safe environment for our children and improve the conditions of city schools. (A.4459)

• Protecting school personnel and students during school construction:
  Amends the education law to provide that each school district, college and university develops and implements a plan to provide for the protection of the health and safety of school personnel and students during school construction and renovation projects. (A.8752)

• Ensuring that schools are safe and healthy environments for students, teachers and staff:
  Establishes certain standards for school buildings that are being purchased, remodeled or built to help ensure that they are safe places for children, teachers and other staff. (A.5192)

• Providing a uniform statewide standard for health and safety in New York’s schools:
  Provides for the health and safety of pupils in relation to proper heating, lighting, ventilation, sanitation and health, fire and accident protection in large school districts. (A.5886)

State Senator Vincent Gentile joined Assemblyman Abbate during his inspection of the worksite at P.S. 204 while a new extension to the school was under construction.

Assemblyman Peter J. Abbate, Jr.
Room 842, Legislative Office Building, Albany, NY 12248 abbatep@assembly.state.ny.us
8500 18th Avenue, Brooklyn, NY 11214 (718) 236-1764
6419 11th Avenue, Brooklyn, NY 11219 (718) 232-9565