BILL NUMBER: S7944A
SPONSOR: RAMOS
 
TITLE OF BILL:
An act to amend the labor law, in relation to clarifying key provisions
around elevator licensing on examinations and experience
 
PURPOSE:
To ensure that the goals created by the Elevator Safety Act are fully
met  
SUMMARY OF PROVISIONS:
Section one amends subsection 4 of Section 954 of the Labor Code to:
*Clarify elevator examinations must be proctored by an independent
organization that is approved by the Commissioner of Labor;
*Removes grandfathering for mechanics who have not taken an examination
prior to the effective date of the Elevator Safety Act;
*Adds the classification of "Temporary Elevator Mechanic License" for
Elevator Apprentices in the event Elevator Contractors experience short-
ages;
*Adds clarifying language that no person shall erect, construct, alter,
replace, maintain, remove, or dismantle any conveyance or wire convey-
ance unless they are a licensed Elevator Mechanic under the supervision
of a licensed Elevator Contractor;
*Clarified Elevator Contractor license shall not be required for demoli-
tion work.
Section two amends Subsection 4 of Section 955 of the Labor Code to
strengthen penalties to deter unlicensed elevator work as follows:
*Ten thousand dollars for each violation found by the Commissioner,
which shall apply to each day a violation exists;
*For cases of employment of unlicensed mechanics, the Commissioner shall
impose penalties on the contractor or responsible party for each person
working without a license for each day worked by such persons;
*Upon second or subsequent violation, the Commissioner may impose a
civil penalty not to exceed twenty thousand dollars.
Section three adds a new Section 958 to Article 33 of the Labor Code to
set standards for inspections of elevators and conveyances outside of
cities with a population of one million or more.
Section four sets the effective date.
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION:
A print amendment modified penalties, so they would be imposed on a per
violation basis instead of a per violation basis per day such violation
persists.
 
JUSTIFICATION:
The New York State Elevator Safety Act was enacted in the State Fiscal
Year 2020 Budget. Starting January 1, 2022, it required all individuals
and businesses performing elevator work to have a license from the New
York State Department of Labor.
The goal of the Elevator Safety Act was to reduce unsafe elevator
hazards by requiring proper training of persons employed to design,
construct, inspect, maintain, alter and repair elevators and other auto-
mated people moving conveyances and requiring the licensing of individ-
uals involved in elevator projects. Elevator Mechanic and Contractor
Licensing is required not just to protect workers, but to ensure the
safety of the elevator riding public.
Despite the enactment of the Elevator Safety Act, there have still been
numerous violations across the State both by unlicensed individuals and
businesses. This poses a threat to both workers and the elevator riding
public. By closing loopholes in the required examination for licensing,
by increasing civil penalties, and by clarifying standards for
inspections across the State, this bill will ensure the original goals
of the Elevator Safety Act of protecting both workers and the public are
fully realized.
 
LEGISLATIVE HISTORY:
New Bill
 
FISCAL IMPACT:
TBD
 
EFFECTIVE DATE:
Shall take effect immediately

Statutes affected:
S7944: 955 labor law, 955(4) labor law
S7944A: 955 labor law, 955(4) labor law