New York State Assembly

 
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A01120 Summary:

A01120 Actions:

A01120 Committee Votes:

Committee:LABOR   Chair:Joyner      
DATE:05/22/2023AYE/NAY:28/0  Action: Favorable refer to committee Ways and Means        
Joyner
Aye
Brabenec
Aye
Colton
Aye
DiPietro
Aye
Benedetto
Aye
Morinello
Aye
Hevesi
Absent
DeStefano
Aye
Bronson
Aye
Durso
Aye
Rozic
Aye
Giglio
Aye
Steck
Aye
Smullen
Aye
Rosenthal
Aye
Bendett
Aye
Cruz
Aye
Slater
Aye
Reyes
Aye
Ramos
Aye
Jacobson
Aye
Burgos
Aye
Zinerman
Aye
Taylor
Aye
Sillitti
Aye
Tapia
Aye
Lucas
Aye
Alvarez
Aye
Ardila
Aye

Committee:RULES   Chair:Pretlow      
DATE:06/07/2023AYE/NAY:28/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Weinstein
Aye
Hawley
Aye
Pretlow
Aye
Giglio
Aye
Cook
Aye
Blankenbush
Aye
Glick
Aye
Norris
Aye
Aubry
Aye
Ra
Aye
Dinowitz
Aye
Brabenec
Aye
Colton
Aye
Palmesano
Aye
Magnarelli
Aye
Reilly
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Excused
Hyndman
Aye
Rozic
Aye
Bronson
Excused

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:06/07/2023AYE/NAY:24/10  Action: Favorable refer to committee Rules        
Weinstein
Aye
Ra
Nay
Glick
Aye
Fitzpatrick
Nay
Pretlow
Aye
Hawley
Nay
Colton
Aye
Blankenbush
Nay
Cook
Aye
Norris
Nay
Aubry
Aye
Brabenec
Aye
Benedetto
Aye
Palmesano
Nay
Weprin
Aye
Walsh
Nay
Ramos
Aye
DeStefano
Nay
Braunstein
Aye
Manktelow
Nay
McDonald
Aye
Smullen
Nay
Rozic
Aye
Dinowitz
Aye
Joyner
Absent
Magnarelli
Aye
Zebrowski
Aye
Bronson
Aye
Dilan
Aye
Seawright
Aye
Hyndman
Aye
Walker
Aye
Bichotte Hermel
Aye
Simon
Aye
Cruz
Aye

A01120 Floor Votes:

A01120 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A1120
 
SPONSOR: Joyner

 
TITLE OF BILL:
 
An act to amend the labor law, in relation to developing and implement-
ing programs to prevent workplace violence in public schools
 
 
PURPOSE:
 
This bill amends section 27-b of the Labor Law to include public schools
within the provisions of current law designed to require public employ-
ers to develop and implement programs to prevent workplace violence.
 
 
SUMMARY OF PROVISIONS:
 
An amendment is made within section 27-b of the Labor law.
 
 
EXISTING LAW:

In 2006, public schools were excluded as an 'employer' based on an
established amendment within the Labor law. Since public schools are
excluded as an employer, they do not have to develop and implement work-
place violence protection programs.
 
 
JUSTIFICATION:
 
Workplace violence is an increasingly visible element in today's work-
places. This bill would assist both employers and employees in ensuring
a safe work environment.
 
Workplace violence is now one of the leading causes of death on the job
in the United States and the leading cause of workplace fatalities for
women. Enactment of this bill would require school districts, with at
least 20 full-time permanent employees, to develop and implement
programs to prevent workplace violence, must evaluate the potential
risks of workplace violence that exist within their workplaces, and then
develop and implement a written workplace violence prevention program to
prevent and minimize the hazard of workplace violence to their employ-
ees.
 
Violence is a substantial contributor to occupational injury and death,
and homicide has become the second leading cause of occupational injury
death. Each week, an average of 20 workers are murdered and 18,000 are
assaulted while at work or on duty. Nonfatal assaults result in millions
of lost workdays and cost workers millions of dollars in lost wages.
 
Workplace violence is clustered in certain occupational settings, for
example, the retail trade and service industries account for more than
half of workplace homicides and 85% of nonfatal workplace assaults.
 
Taxicab drivers have the highest risk of workplace homicides of any
occupational group. Workers in health care, community services, and
retail settings are at increased risk of nonfatal assaults. Risk factors
for workplace violence include dealing with the public, the exchange Of
money, and the delivery of services or goods, prevention strategies for
minimizing the risk of workplace violence include (but are not limited
to) cash-handling policies, physical separation of workers from custom-
 
ers, good lighting, security devices, escort services, and employee
training.
 
A workplace violence prevention program should include a system for
documenting incidents, procedures to be taken in the event of incidents,
and open communication between employers and workers.
 
 
LEGISLATIVE HISTORY:
 
05/13/22 referred to labor
 
2017-2018-S.5350 Passed Labor Committee; Committed to Finance
 
2013-2014: S.1936 Referred to Labor Committee
 
2011-2012: S .1257-A Referred to Labor Committee
 
2009-2010: S.2124 Passed Labor Committee; Committed to Finance
 
2008-2009: S.2124 - Passed Labor Committee; Committed to Finance
 
2007-2008: S.6007 - Committed to Rules
 
 
FISCAL IMPLICATIONS:
 
Fiscal implications hiring of $287,000 for the Department of Labor and
the hiring of three new inspectors.
 
 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law, with provisions.

A01120 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1120
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 13, 2023
                                       ___________
 
        Introduced by M. of A. JOYNER -- read once and referred to the Committee
          on Labor
 
        AN  ACT to amend the labor law, in relation to developing and implement-
          ing programs to prevent workplace violence in public schools
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraph a of subdivision 2 of section 27-b of the labor
     2  law, as amended by chapter 504 of the laws of 2011, is amended  to  read
     3  as follows:
     4    a. "Employer" means: (1) the state; (2) a political subdivision of the
     5  state[,  provided,  however  that  this  subdivision  shall not mean any
     6  employer as defined in section twenty-eight hundred one-a of the  educa-
     7  tion  law]; (3) a public authority, a public benefit corporation, or any
     8  other governmental agency or instrumentality thereof; and (4) an author-
     9  ized agency as defined in paragraph (a) of subdivision  ten  of  section
    10  three  hundred seventy-one of the social services law that accepts chil-
    11  dren adjudicated delinquent under article three of the family court act.
    12    § 2. The provisions of this act  shall  not  diminish  the  rights  of
    13  employees pursuant to any law, rule, regulation or collective bargaining
    14  agreement.
    15    § 3. This act shall take effect on the one hundred twentieth day after
    16  it  shall have become a law. Effective immediately, the addition, amend-
    17  ment and/or repeal of any rule or regulation necessary for the implemen-
    18  tation of this act on its effective date are authorized to be  made  and
    19  completed on or before such effective date.
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04441-01-3

A01120 LFIN:

 
NO LFIN

A01120 Chamber Video/Transcript: