Establishes the warehouse worker injury reduction program; requires employers to establish an injury reduction program designed to identify and minimize the risks of musculoskeletal injuries and disorders among workers involved in performing manual materials handling tasks.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8907A
SPONSOR: Bronson TITLE OF BILL:
An act to amend the labor law, in relation to establishing the warehouse
worker injury reduction program
PURPOSE OR GENERAL IDEA OF BILL::
To create a program to reduce warehouse workers' injuries in the work-
place.
SUMMARY OF PROVISIONS::
Section one would provide the title of the act, the "Warehouse Worker
Injury Reduction Program."
Section two would provide legislative findings.
Section three would provide definitions for relevant terms, including
"musculoskeletal injuries and disorders" and "qualified ergonomist."
Section four would provide a rebuttable presumption of unlawful retali-
ation if an employer discriminates or retaliates against an employee
within ninety days of such employee making a complaint related to the
injury reduction program as outlined in the bill.
Section five would provide for the establishment and implementation of
the injury reduction program by employers. The section would detail the
various aspects of the program, including worksite evaluations to be
conducted by qualified ergonomists, control of exposures which have
caused or have the potential to cause musculoskeletal injuries and
disorders, employee training, on-site medical and first aid practices,
and employee involvement.
Section six. would provide for a severability clause. Section seven
would set the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
The A-print would alter the effective dates in the bill.
JUSTIFICATION:
This bill would require certain employers to implement an injury
reduction program for their warehouse workers to lessen the incidence
and risk of musculoskeletal injuries. By ensuring worksite evaluations
are conducted by qualified ergonomists, warehouse worksites can develop
more effective safety measures. Furthermore, including employee input in
training and workplace conditions will help to implement target prac-
tices that account for variations in individual worksites. This bill
takes important steps in fostering cooperation between employers and
workers to maximize safety and fairness in this strenuous industry.
LEGISLATIVE HISTORY::
2023-2024: 3309-A/S5081-A - referred to Labor; enacting clause stricken
FISCAL IMPLICATIONS::
To be determined.
EFFECTIVE DATE::
This act would take effect on June 1, 2025; provided, however that para-
graph (d) of subdivision 2 of section 789 of the labor law as added by
section five of this act would take effect on the one hundred eightieth
day after it shall have become a law; provided further, however, that
paragraph (e) of subdivision 2 of section 789 of the labor law as added
by section five of this act would take effect on the sixtieth day after
it shall have become a law; and provided further, however, that para-
graph (f) of subdivision 2 and subdivisions 4 and 5 of section 789 of
the labor law as added by section five of this act would take effect on
the sixtieth day after it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
8907--A
IN ASSEMBLY
January 26, 2024
___________
Introduced by M. of A. BRONSON, LEVENBERG, STECK, SHRESTHA, SEAWRIGHT,
SIMON, LUPARDO, O'DONNELL, BRABENEC, OTIS, SHIMSKY, GLICK, TAPIA,
ARDILA, HEVESI, BURDICK, BURGOS, GONZALEZ-ROJAS, EACHUS, CRUZ, ROZIC,
SANTABARBARA, HUNTER, DAVILA, TAYLOR, KELLES, REYES, RAGA, BRAUNSTEIN,
DINOWITZ, COOK, COLTON, L. ROSENTHAL, LUCAS, JACOBSON, RAMOS --
Multi-Sponsored by -- M. of A. DICKENS -- read once and referred to
the Committee on Labor -- reported and referred to the Committee on
Codes -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the labor law, in relation to establishing the warehouse
worker injury reduction program
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "warehouse
2 worker injury reduction program".
3 § 2. Legislative findings. The legislature finds and declares that:
4 (a) Workplace injuries can take a terrible toll on workers, their
5 families and their communities, and can create substantial costs for
6 employers. According to recent data (2022) released by the bureau of
7 labor statistics, the warehouse industry in New York state reports a
8 rate of the most serious work-related injuries involving lost time or
9 restricted duty (7.8 cases/100 full-time workers) that is more than five
10 times the average rates of these types of injuries for all private
11 industry in New York state (1.5 cases/100 full-time workers). In 2022
12 alone, there were 5,472 workers injured in the warehousing industry in
13 New York state. The most common types of work-related serious injury
14 reported by employers in the warehouse sector are musculoskeletal inju-
15 ries, which often require workers to miss work and can force workers
16 permanently out of the job and even out of the workforce.
17 (b) The amount and severity of injuries in New York's warehouses is
18 having a direct impact on public health and safety. Each year, thousands
19 of injured warehouse workers return to their communities with chronic
20 back, neck, shoulder and wrist pain that is often remedied by opiates.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08912-07-4
A. 8907--A 2
1 This feeds into the opiate epidemic that is at crisis levels in our
2 state.
3 (c) Many communities in New York are underserved by full-service
4 supermarkets and other essential stores and lack access to transporta-
5 tion to buy these essential supplies. Online retail may be their only
6 source of basic necessities, including medical supplies and food. The
7 high rate of injuries at warehouses could lead to service disruptions,
8 jeopardizing the health and safety of our communities. In fact, accord-
9 ing to an internal Amazon memo leaked to the press in 2021, Amazon has
10 concerns that given the injury rates in the industry, it will deplete
11 the available warehouse labor supply in its U.S. network by 2024. This
12 could impact the entire warehouse and distribution network, impacting
13 the public health of our communities.
14 § 3. Section 780 of the labor law is amended by adding two new subdi-
15 visions 8 and 9 to read as follows:
16 8. "Musculoskeletal injuries and disorders" means work related inju-
17 ries, or disorders, of the muscles, nerves, tendons, ligaments, joints,
18 cartilage of the upper and lower limbs, neck and lower back (including
19 spinal discs) that: (a) are caused by sudden or sustained physical
20 exertion; or (b) are not the result of any instantaneous non-exertion
21 event, such as slips, trips, or falls.
22 9. "Qualified ergonomist" means an ergonomist who is able to demon-
23 strate proficiency in the core, minimum competencies of ergonomics and
24 injury prevention, as defined by the commissioner. Until the commission-
25 er defines such competencies and approves ergonomists in accordance with
26 such competencies, consultants approved by the commissioner under 12
27 NYCRR 59 and 60 with a credential as a certified safety professional or
28 certified industrial hygienist shall be deemed to qualify as an ergonom-
29 ist.
30 § 4. Section 786 of the labor law is amended by adding a new subdivi-
31 sion 3 to read as follows:
32 3. Making a complaint related to section seven hundred eighty-nine of
33 this article.
34 § 5. The labor law is amended by adding a new section 789 to read as
35 follows:
36 § 789. Injury reduction program. 1. Every employer subject to this
37 section shall establish and implement an injury reduction program
38 designed to identify and minimize the risks of musculoskeletal injuries
39 and disorders among workers involved in performing manual materials
40 handling tasks. The program shall include: worksite evaluation; control
41 of exposures, including pace, which have caused or have the potential to
42 cause musculoskeletal injuries and disorders; employee training; on-site
43 medical and first aid practices; and employee involvement.
44 2. The employer shall ensure that each job, process, or operation of
45 work activity covered by this section or a representative number of such
46 jobs, processes, or operations of identical work activities shall have a
47 written work site evaluation by a qualified ergonomist for risk factors
48 which have or are likely to cause musculoskeletal injuries and disor-
49 ders. Such risk factors shall include, but are not limited to, rapid
50 pace, forceful exertions, repetitive motions, twisting, bending, and
51 awkward postures and combinations thereof that had caused or are likely
52 to cause musculoskeletal injuries and disorders.
53 (a) Any worksite evaluations shall also determine whether any employ-
54 ees exposed to such risk factors are subject to either personnel action
55 with the potential for adverse action, or adverse action or termination
A. 8907--A 3
1 themselves, arising in whole or in part from an employer's use of quotas
2 to determine employee assignments.
3 (b) All such worksite evaluations shall obtain recommendations from
4 workers who regularly perform those jobs on the possible risk factors
5 and any workplace changes that can reduce such risk factors.
6 (c) Copies of such worksite risk factor evaluations shall be made
7 available to workers and their representatives upon request, at no cost,
8 within one business day of such request. Workers and their represen-
9 tatives shall be notified in writing of the results of the worksite
10 evaluation. Employers shall maintain accessible copies of such evalu-
11 ations at locations within the warehouse and shall make such copies
12 readily available to workers.
13 (d) An initial worksite evaluation shall be conducted. Worksite eval-
14 uations shall be reviewed and updated at least annually. A new analysis
15 of risk factors shall be conducted in accordance with the provisions of
16 subdivision one of this section whenever a new job, process, or opera-
17 tion is introduced which could increase the risk factors for musculosk-
18 eletal injuries and disorders. Such new analysis shall be conducted
19 within thirty days of the creation or change of a job, process or opera-
20 tion.
21 (e) The commissioner shall form a task force chaired by a recognized
22 academic leader in the field of ergonomics in New York state and includ-
23 ing, but not limited to, representatives from the warehouse workforce,
24 labor organizations active in the warehousing industry, and employers in
25 the industry, to recommend the core competencies required for the
26 certification of qualified ergonomists, as well as standardized worksite
27 evaluations and controls.
28 (f) The commissioner shall adopt a standard and process for certifying
29 qualified ergonomists, as well as standardized worksite evaluations and
30 controls, based on the recommendations of the task force.
31 3. The employer shall correct in a timely manner any risk factors
32 identified as having caused or being likely to cause musculoskeletal
33 injuries and disorders. For any corrections which require more than
34 thirty days to complete, the employer shall revise, as needed, and
35 provide a schedule for such proposed corrections. Such schedule shall be
36 included in the evaluations provided to workers and their represen-
37 tatives.
38 (a) Where the employer demonstrates that it is unable to eliminate
39 identified risk factors, the employer shall minimize the exposures to
40 the extent feasible.
41 (b) In reducing risk factors, the employer shall consider:
42 (i) engineering controls and redesigning work stations to change
43 shelving heights, provide adjustable fixtures or tool redesign; and
44 (ii) administrative controls, such as job rotation which reduces the
45 exposure to risk factors, reduced work pacing or additional work breaks.
46 (c) Employers shall maintain records of steps taken to eliminate or
47 reduce risk factors and shall make copies available to workers and their
48 representatives upon request.
49 4. All employers covered by this section shall provide injury
50 reduction training to all employees involved in performing manual mate-
51 rials handling jobs and tasks at the warehouse during normal work hours
52 and without suffering a loss of pay. Such training shall be provided in
53 a language and vocabulary that the workers understand and shall be
54 repeated annually. The training shall also be provided to the workers'
55 supervisors. Such training shall be in addition to the training required
56 under section twenty-seven-d of this chapter and shall include:
A. 8907--A 4
1 (a) The early symptoms of musculoskeletal injuries and disorders and
2 the importance of early detection;
3 (b) Musculoskeletal injury and disorder risk factors and exposures at
4 work, including the hazards posed by excessive rates of work;
5 (c) Methods to reduce risk factors for musculoskeletal injuries and
6 disorders, including both engineering controls and administrative
7 controls, such as limitations on work pace and increased scheduled and
8 unscheduled breaks;
9 (d) The employer's program to identify risk factors as required under
10 this section and prevent musculoskeletal injuries and disorders, includ-
11 ing the summary protocols for medical treatment approved by the employ-
12 er's medical consultant;
13 (e) The rights and function of workplace safety committees established
14 under section twenty-seven-d of this chapter and the rights of employees
15 to report any risk factors, other hazards, injuries or health and safety
16 concerns; and
17 (f) Training on the unlawful retaliation of any provision in this
18 section, including the disciplinary actions required when supervisors or
19 managers violate the law or policy, as well as the employer's policy
20 prohibiting any workplace discrimination.
21 5. Any on-site medical office or first aid station that sees workers
22 in warehouses covered by this section with symptoms of musculoskeletal
23 injuries and disorders shall be staffed with medical professionals oper-
24 ating within their legal scope of practice. Nothing in this section
25 shall infringe on the rights of workers under the opening paragraph of
26 subdivision (a) of section thirteen of the workers' compensation law to
27 either select an authorized physician to treat employees and render
28 medical care or to select the continuance of any medical treatment or
29 care by an authorized physician selected by the employee. All examina-
30 tions and treatments by any medical personnel employed or selected by
31 the employer under section seven hundred eighty-one of this article
32 shall be performed for the purposes of the injury reduction program and
33 shall not interfere with the rights of employees to receive any medical
34 treatment or any other benefits under the workers' compensation law.
35 (a) Employers shall ensure that staffing and the practice of any first
36 aid or medical station meets state requirements for physician super-
37 vision of nurses, emergency medical technicians or other non-physician
38 personnel.
39 (b) In all warehouses with on-site medical or first aid providers for
40 the treatment of musculoskeletal injuries and disorders, the employer
41 shall consult with a medical consultant who is licensed by New York
42 state and board certified in occupational medicine.
43 (i) The employer shall obtain from the medical consultant a written
44 evaluation of the on-site medical or first aid provider program and
45 protocols followed in the warehouse for identification and treatment of
46 musculoskeletal injuries and disorders and shall include recommendations
47 to ensure compliance with accepted medical practice of the staffing,
48 supervision and documentation of medical treatment protocols.
49 (ii) The employer shall obtain from the medical consultant a summary
50 of treatment protocols suitable for worker patients covering all aspects
51 of the on-site medical and first aid practices, from early detection of
52 musculoskeletal injuries and disorders through evaluation by a qualified
53 physician and physician provision of appropriate work restrictions in
54 languages understood by the employees.
A. 8907--A 5
1 (iii) The employer shall ensure that the medical consultant reviews
2 the previous medical consultant evaluation, related materials and proto-
3 cols on an annual basis, and recommends changes as appropriate.
4 (iv) The employer shall ensure that all designated medical and first
5 aid providers have observed, in person, the jobs involving manual mate-
6 rials handling within the warehouse and all risk factors identified in
7 the evaluation conducted under the medical consultant evaluation.
8 (c) There shall be no delays in the provision of adequate medical care
9 to workers who report injuries to the on-site medical services.
10 (d) Each employer shall ensure that no supervisory or managerial
11 employee or other person discriminates or retaliates against any
12 current, former, or prospective employee or other person for reporting a
13 work-related injury or illness, or health and safety concern.
14 6. Employers shall ensure that employees and their designated repre-
15 sentatives are consulted both before and during the development and
16 implementation of all aspects of the program. Where employees have
17 established a workplace safety committee in compliance with section
18 twenty-seven-d of this chapter, the employer shall ensure that the
19 committee is consulted regarding the development and implementation of
20 all aspects of the injury reduction program. Any record created by the
21 employer according to this section shall be provided to the workplace
22 safety committee prior to consultation. All documents provided to
23 employees shall be provided in writing in English and in the language
24 identified by each employee as the primary language of such employee.
25 § 6. Severability. If any provision of this act, or any application of
26 any provision of this act, is held to be invalid, that shall not affect
27 the validity or effectiveness of any other provision of this act, or of
28 any other application of any provision of this act, which can be given
29 effect without that provision or application; and to that end, the
30 provisions and applications of this act are severable.
31 § 7. This act shall take effect on June 1, 2025; provided, however
32 that paragraph (d) of subdivision 2 of section 789 of the labor law as
33 added by section five of this act shall take effect on the one hundred
34 eightieth day after it shall have become a law; provided further, howev-
35 er, that paragraph (e) of subdivision 2 of section 789 of the labor law
36 as added by section five of this act shall take effect on the sixtieth
37 day after it shall have become a law; and provided further, however,
38 that paragraph (f) of subdivision 2 and subdivisions 4 and 5 of section
39 789 of the labor law as added by section five of this act shall take
40 effect on the sixtieth day after it shall have become a law.
