Current through Register Vol. 46, No. 12, March 20, 2024
(a) Any
manufacturer or contractor wishing to be considered for placement on the
registry shall submit an application to the department, which shall contain all
the following information:
(1) Evidence that
the manufacturer or contractor is currently registered and was registered
pursuant to Labor Law, section
341 as of
September 11, 2000. Such evidence may include, but is not limited to a copy of
the official registration certificates issued by the department.
(2) Evidence satisfactory to the commissioner
that the manufacturer or contractor had been continuously doing business from
September 11, 2000, to and including September 11, 2001.
(3) Evidence of cooperative labor management
efforts that demonstrate to the commissioner's satisfaction that the
manufacturer or contractor has made and continues to make a commitment to
improving the economic well being of its employees. Such efforts may include,
but are not limited to the following: employee training programs, child care
programs, health benefits, or retirement benefits.
(4) Evidence satisfactory to the commissioner
that the manufacturer or contractor, or any owner or partner of the
manufacturer or contractor, has not been found in violation of the Workers'
Compensation Law or any other State or Federal labor law, rule or regulation in
the previous five years.
(5)
Evidence satisfactory to the commissioner that the manufacturer or contractor
was adversely affected by the September 11, 2001, attach on the United States
of America, which may include but is not limited to the following:
(i) production shut down for a period
subsequent to September 11, 2001 (identify time period);
(ii) laid off employees (list employees laid
off);
(iii) reduced hours of
operation;
(iv) employee difficulty
in gaining access to the location;
(v) disruption of deliveries;
(vi) lost utilities;
(vii) lost access to production
equipment;
(viii) any other loss
which diminished the economic worthiness of the manufacturer or
contractor
(b) The department shall review each
application, relevant department records, and where applicable other State
and/or Federal records to determine if the manufacturer or contractor is
qualified to be included on the registry. The department shall notify the
manufacturer or contractor making such application of its determination as soon
as it is practicable. The department's review must find the following for the
manufacturer or contractor to be included on the registry:
(1) the manufacturer or contractor has been
and is currently registered in compliance with Labor Law, section
341;
(2) the manufacturer or contractor had been
continuously doing business from September 11, 2000, to and including September
11, 2001;
(3) the manufacturer or
contractor has demonstrated it has and continues to make cooperative labor
management efforts to improve the economic well being of its
employees;
(4) neither the
manufacturer or contractor, nor any owner or partner of the manufacturer or
contractor, has been found in violation of the Labor Law, rule, or regulation
in the previous five years;
(5)
neither the manufacturer or contractor, nor any owner or partner of the
manufacturer or contractor, has been found in violation of the Workers'
Compensation Law, rule or regulation in the previous five years;
(6) neither the manufacturer or contractor,
nor any owner or partner of the manufacturer or contractor, has been found in
violation of any Federal labor law, rule or regulation in the previous five
years; and
(7) the manufacturer or
contractor was adversely affected by the September 11, 2001, attacks on the
United States.