N.Y. State Finance Law § 149: Tower technician protections

§ 149. Tower technician protections. 1. Definitions. For the purposes

of this article, the following terms shall have the following meanings:

(a) "State agency" or "state agencies" means all state departments,

boards, commissions, offices or institutions.

(b) "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

wireless network.

(c) "Tower technician" means any telecommunications professional who

installs, repairs, and maintains telecommunications towers and

equipment.

(d) "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 a

state agency.

(e) "Tower services" means any work performed by a tower technician on

state-owned telecommunications towers.

2. Tower technician protections. Any construction contract for tower

services entered into by a state agency and a private entity shall

include training requirements for all tower technicians performing work

pursuant to the construction contract with the state agency. The

training requirements for tower technicians shall be determined by the

office of general services in consultation with any party deemed

necessary by the office of general services. Such training requirements

shall be published on the office of general services website.

3. A contractor shall provide confirmation to the state agency that

all tower technicians performing tower services pursuant to the contract

have received the training required by subdivision two of this section

prior to commencing work pursuant to the contract. Such confirmation

shall include a list of tower technicians and the dates when each

required training was completed.

4. 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.