S06768 Summary:
BILL NO | S06768 |
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SAME AS | SAME AS A07477 |
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SPONSOR | GIANARIS |
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COSPNSR | |
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MLTSPNSR | |
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Amd §§218-b & 27-d, Lab L; amd §4, Chap of 2021 (as proposed in S.1034-B & A.2681-B) | |
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Enacts chapter amendments to statutes requiring model standards for prevention of occupational exposure to an airborne infectious disease. |
S06768 Actions:
BILL NO | S06768 | |||||||||||||||||||||||||||||||||||||||||||||||||
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05/14/2021 | REFERRED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
05/24/2021 | ORDERED TO THIRD READING CAL.1305 | |||||||||||||||||||||||||||||||||||||||||||||||||
05/26/2021 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
05/26/2021 | DELIVERED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
05/26/2021 | referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
06/07/2021 | substituted for a7477 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/07/2021 | ordered to third reading rules cal.478 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/07/2021 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/07/2021 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
06/11/2021 | DELIVERED TO GOVERNOR | |||||||||||||||||||||||||||||||||||||||||||||||||
06/11/2021 | SIGNED CHAP.142 |
S06768 Committee Votes:
Go to topS06768 Floor Votes:
Yes
Abbate
Yes
Clark
Yes
Frontus
Yes
Lalor
Yes
Paulin
Yes
Sillitti
Yes
Abinanti
Yes
Colton
Yes
Galef
Yes
Lavine
Yes
Peoples-Stokes
Yes
Simon
Yes
Anderson
Yes
Conrad
Yes
Gallagher
No
Lawler
Yes
Perry
No
Simpson
Yes
Angelino
Yes
Cook
Yes
Gallahan
Yes
Lemondes
Yes
Pheffer Amato
No
Smith
Yes
Ashby
Yes
Cruz
No
Gandolfo
Yes
Lunsford
Yes
Pichardo
Yes
Smullen
Yes
Aubry
No
Cusick
No
Giglio JA
Yes
Lupardo
Yes
Pretlow
Yes
Solages
Yes
Barclay
Yes
Cymbrowitz
Yes
Giglio JM
Yes
Magnarelli
Yes
Quart
Yes
Steck
Yes
Barnwell
Yes
Darling
Yes
Glick
Yes
Mamdani
Yes
Ra
No
Stern
Yes
Barrett
Yes
Davila
Yes
Gonzalez-Rojas
No
Manktelow
Yes
Rajkumar
Yes
Stirpe
Yes
Barron
Yes
De La Rosa
Yes
Goodell
Yes
McDonald
Yes
Ramos
No
Tague
Yes
Benedetto
No
DeStefano
Yes
Gottfried
Yes
McDonough
No
Reilly
No
Tannousis
Yes
Bichotte Hermel
Yes
Dickens
No
Griffin
Yes
McMahon
Yes
Reyes
Yes
Taylor
Yes
Blankenbush
Yes
Dilan
Yes
Gunther
Yes
Meeks
Yes
Richardson
Yes
Thiele
No
Brabenec
Yes
Dinowitz
Yes
Hawley
Yes
Mikulin
Yes
Rivera J
Yes
Vanel
Yes
Braunstein
No
DiPietro
Yes
Hevesi
Yes
Miller B
Yes
Rivera JD
No
Walczyk
Yes
Bronson
Yes
Durso
Yes
Hunter
Yes
Miller M
Yes
Rodriguez
Yes
Walker
No
Brown
No
Eichenstein
Yes
Hyndman
Yes
Mitaynes
Yes
Rosenthal D
Yes
Wallace
Yes
Burdick
Yes
Englebright
Yes
Jackson
No
Montesano
Yes
Rosenthal L
Yes
Walsh
Yes
Burgos
Yes
Epstein
Yes
Jacobson
Yes
Morinello
Yes
Rozic
Yes
Weinstein
Yes
Burke
Yes
Fahy
Yes
Jean-Pierre
Yes
Niou
No
Salka
Yes
Weprin
No
Buttenschon
Yes
Fall
No
Jensen
Yes
Nolan
No
Santabarbara
Yes
Williams
No
Byrne
Yes
Fernandez
No
Jones
Yes
Norris
Yes
Sayegh
Yes
Woerner
No
Byrnes
No
Fitzpatrick
Yes
Joyner
Yes
O'Donnell
No
Schmitt
Yes
Zebrowski
Yes
Cahill
ER
Forrest
Yes
Kelles
Yes
Otis
Yes
Seawright
Yes
Zinerman
Yes
Carroll
No
Friend
Yes
Kim
Yes
Palmesano
Yes
Septimo
Yes
Mr. Speaker
‡ Indicates voting via videoconference
S06768 Memo:
Memo not availableGo to top
S06768 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 6768 2021-2022 Regular Sessions IN SENATE May 14, 2021 ___________ Introduced by Sen. GIANARIS -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the labor law, in relation to preventing occupational exposure to an airborne infectious disease; and to amend a chapter of the laws of 2021 amending the labor law relating to preventing occu- pational exposure to an airborne infectious disease, as proposed in legislative bills numbers S.1034-B and A. 2681-B, in relation to the effectiveness thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 218-b of the labor law, as added by a chapter of 2 the laws of 2021 amending the labor law relating to preventing occupa- 3 tional exposure to an airborne infectious disease, as proposed in legis- 4 lative bills numbers S.1034-B and A. 2681-B, is amended to read as 5 follows: 6 § 218-b. Prevention of occupational exposure to an airborne infectious 7 disease. 1. For purposes of this section, the following terms shall 8 have the following meanings: 9 (a) "Employee" shall mean any person providing labor or services for 10 remuneration for a private entity or business within the state, without 11 regard to an individual's immigration status, and shall include[, but12not be limited to,] part-time workers, independent contractors, domestic 13 workers, home care and personal care workers, day laborers, farmworkers 14 and other temporary and seasonal workers. The term shall also include 15 individuals working for digital applications or platforms, staffing 16 agencies, contractors or subcontractors on behalf of the employer at any 17 individual work site, as well as any individual delivering goods or 18 transporting people at, to or from the work site on behalf of the 19 employer, regardless of whether delivery or transport is conducted by an 20 individual or entity that would otherwise be deemed an employer under 21 this chapter. The term shall not include employees or independent EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06114-12-1S. 6768 2 1 contractors of the state, any political subdivision of the state, a 2 public authority, or any other governmental agency or instrumentality. 3 (b) "Work site" shall mean any physical space, including a vehicle, 4 that has been designated as the location where work is performed over 5 which an employer has the ability to exercise control. The term shall 6 include employer-provided housing and employer-provided transportation 7 at, to or from the work site but shall not include the residence of the 8 employer or employee unless such residence has been provided by the 9 employer and is used as the primary place of work or such residence is 10 provided by an employer covered under the provisions of article nine- 11 teen-A of this chapter. The term shall not include a telecommuting or 12 telework site unless the employer has the ability to exercise control of 13 such site. 14 (c) "Supervisor" or "supervisory employee" shall mean any person who 15 has the authority to direct and control the work performance of other 16 employees, or who has the managerial authority to take corrective action 17 regarding the violation of the law, rules or regulations. This term 18 shall not include any employee who is a member of a collective bargain- 19 ing unit that primarily represents employees not otherwise deemed to be 20 a supervisor or supervisory employee as defined by this subdivision. 21 (d) "Employer" shall mean any person, entity, business, corporation, 22 partnership, limited liability company, or association employing, 23 hiring, or paying for the labor of any individual in any occupation, 24 industry, trade, business, or service. The term shall not include the 25 state, any political subdivision of the state, a public authority, or 26 any other governmental agency or instrumentality. 27 (e) "Airborne infectious disease" shall mean any infectious viral, 28 bacterial or fungal disease that is transmissible through the air in the 29 form of aerosol particles or droplets and is designated by the commis- 30 sioner of health a highly contagious communicable disease [by the31commissioner of health that presents a serious risk of harm to the32public health] that presents a serious risk of harm to the public 33 health. 34 2. The commissioner, in consultation with the department of health, 35 shall create and publish, in both English and Spanish, a model airborne 36 infectious disease exposure prevention standard for [all work sites,37differentiated by industry, to] industries representing a significant 38 portion of the workforce, or those with unique characteristics requiring 39 distinct standards, as determined by the commissioner, in consultation 40 with the commissioner of health. The commissioner shall further create 41 and publish, in English and in Spanish, a general model airborne infec- 42 tious disease exposure prevention standard applicable to all worksites 43 not included in the specific industry standards. Such model standards 44 shall establish minimum requirements for preventing exposure to airborne 45 infectious diseases in the workplace in order to protect the public and 46 the workforce. The model infectious disease exposure prevention [stand-47ard] standards shall take into account the types of risks present at 48 [the] any work site customarily associated with each covered industry, 49 including the presence of third parties. The model [standard] standards 50 shall explicitly specify and distinguish the extent to which the 51 provisions are applicable for different levels of airborne infectious 52 disease exposure, and shall take into consideration circumstances where 53 a state of emergency has or has not been declared due to an airborne 54 infectious disease, and distinctions in policies based on circumstances 55 where a state of emergency has been declared due to an airborne infec- 56 tious disease shall take into consideration all applicable federal stan-S. 6768 3 1 dards to the extent practicable. The commissioner shall determine, in 2 his or her discretion, which languages to publish the [standard] stand- 3 ards in addition to English and Spanish based on the number of individ- 4 uals in the state population that speak each language, the prevalence of 5 certain languages being spoken in particular industries, and any other 6 factor that the commissioner shall deem relevant. Such [standard] stand- 7 ards shall include, but not be limited to, establishing requirements on 8 procedures and methods for: 9 (a) Employee health screenings; 10 (b) Face coverings; 11 (c) Required personal protective equipment ("PPE") applicable to each 12 industry for eyes, face, head, and extremities, protective clothing, 13 respiratory devices, and protective shields and barriers, which shall be 14 provided, used, and maintained in a sanitary and reliable condition at 15 the expense of the employer. The [standard] standards shall provide for 16 a list of PPE that satisfies the requirements, based on hazard assess- 17 ments for each industry; 18 (d) Accessible workplace hand hygiene stations and maintaining healthy 19 hand hygiene and that employers provide adequate break times for [work-20ers] employees to use handwashing facilities as needed; 21 (e) Regular cleaning and disinfecting of shared equipment and 22 frequently touched surfaces such as workstations, touchscreens, tele- 23 phones, handrails, and doorknobs, and all surfaces and washable items in 24 other high-risk areas such as restrooms, dining areas/breakrooms, locker 25 rooms, vehicles and sleeping quarters; 26 (f) Effective social distancing for employees and consumers or custom- 27 ers, as the risk of illness may warrant, including options for social 28 distancing such as sign postage or markers; increasing physical space 29 between [workers] employees at the worksite; limiting capacity of 30 customers or consumers; delivering services remotely or through curbside 31 pick-up; reconfiguring spaces where [workers] employees congregate; 32 flexible meeting and travel options; flexible worksites; or implementing 33 flexible work hours such as staggered shifts; 34 (g) Compliance with mandatory or precautionary orders of isolation or 35 quarantine that have been issued to employees, including the identifica- 36 tion and provision of separate and appropriate accommodations for 37 employees who reside in employer-provided housing in a manner consistent 38 with mandatory or precautionary orders of isolation and quarantine that 39 have been issued to employers and employees; 40 (h) Compliance with applicable engineering controls such as proper air 41 flow[,] or exhaust ventilation[, or other special design requirements]; 42 (i) Designation of one or more supervisory employees to enforce 43 compliance with the airborne infectious disease exposure prevention plan 44 and any other federal, state, or local guidance related to avoidance of 45 spreading an airborne infectious disease as applicable to employees and 46 third parties such as customers, contractors, and members of the public 47 within the workplace. [Non-supervisory line employees shall not bear] No 48 individual who is not a supervisory employee shall have responsibility 49 for overseeing compliance with the requirements of the [model policy] 50 airborne infectious disease exposure prevention plan; 51 (j) Compliance with any applicable laws, rules, regulations, stand- 52 ards, or guidance on notification to employees and relevant state and 53 local agencies of potential exposure to airborne infectious disease at 54 the work site; and 55 (k) Verbal review of infectious disease standard, employer policies 56 and employee rights under this section, except such review need not beS. 6768 4 1 provided to any individuals working for staffing agencies, contractors 2 or subcontractors on behalf of the employer at any individual work 3 site, as well as any individual delivering goods or transporting 4 people at, to or from the work site on behalf of the employer, where 5 delivery or transport is conducted by an individual or entity that 6 would otherwise be deemed an employer under this chapter. 7 3. The model airborne infectious disease exposure prevention [stand-8ard] standards shall also include anti-retaliation requirements pursuant 9 to subdivision eight of this section. The commissioner, in consultation 10 with the department of health, shall update the model airborne infec- 11 tious disease exposure prevention [standard] standards as necessary 12 provided that the commissioner shall inform employers of the changes. 13 4. (a) [Every] Within thirty days after the commissioner publishes the 14 model general standard and the model standard relevant to the industry, 15 each employer shall establish an airborne infectious disease exposure 16 prevention plan either by adopting the model standard relevant to their 17 industry promulgated pursuant to this section as its airborne infectious 18 disease exposure prevention plan or by establishing an alternative plan 19 that equals or exceeds the minimum standards provided by the model stan- 20 dard. No employee who is not a supervisory employee shall have respon- 21 sibility for overseeing compliance with the requirements of such an 22 airborne infectious disease exposure plan. 23 (b) In any circumstance where an alternative airborne infectious 24 disease exposure prevention plan is adopted, the employer shall develop 25 such plan pursuant to an agreement with the collective bargaining repre- 26 sentative, if any, or with meaningful participation of employees where 27 there is no collective bargaining representative, for all aspects of the 28 plan, and such plan shall be tailored and specific to hazards in the 29 specific industry and work sites of the employer. 30 5. Every employer shall provide the airborne infectious disease expo- 31 sure prevention plan to his or her employees, in writing in English and 32 in the language identified by each employee as the primary language of 33 such employees [upon] within thirty days after adoption of the plan, 34 within fifteen days after reopening after a period of closure due to 35 airborne infectious disease and, to a newly hired employee, upon hiring 36 the new employee. Businesses permitted to operate as of the effective 37 date of this section shall provide such a plan to all employees [upon38the effective date of this act and upon hiring] within sixty days after 39 the commissioner publishes the model standard relevant to the industry. 40 When an employee identifies as his or her primary language a language 41 for which a model [document] standard is not available from the commis- 42 sioner, the employer shall comply with this paragraph by providing that 43 employee with an English-language notice. 44 6. The airborne infectious disease exposure prevention plan shall be 45 posted in a visible and prominent location within [the] each worksite, 46 other than a vehicle. An employer that provides an employee handbook to 47 its employees shall, in addition, include the airborne infectious 48 disease exposure prevention plan in its handbook. 49 7. Each employer shall make the airborne infectious disease exposure 50 prevention plan available, upon request, to all employees and independ- 51 ent contractors, employee representatives, collective bargaining repre- 52 sentatives, and the commissioner and the commissioner of [public] 53 health. 54 8. No employer, or his or her agent, or person acting as or on behalf 55 of a hiring entity, or the officer or agent of any entity, business, 56 corporation, partnership, or limited liability company, shall discrimi-S. 6768 5 1 nate, threaten, retaliate against, or take adverse action against any 2 employee for: 3 (a) Exercising their rights under this section or under the applicable 4 airborne infectious disease exposure prevention plan. 5 (b) Reporting violations of this section or the applicable airborne 6 infectious disease exposure prevention plan to any state, local, or 7 federal government entity, public officer or elected official. 8 (c) Reporting an airborne infectious disease exposure concern to, or 9 seeking assistance or intervention with respect to airborne infectious 10 disease exposure concerns, to their employer, state, local, or federal 11 government entity, public officer or elected official. 12 (d) Refusing to work where such employee reasonably believes, in good 13 faith, that such work exposes him or her, or other workers or the 14 public, to an unreasonable risk of exposure to an airborne infectious 15 disease due to the existence of working conditions that are inconsistent 16 with laws, rules, policies, orders of any governmental entity, including 17 but not limited to, the minimum standards provided by the model airborne 18 infectious disease exposure prevention standard, provided that the 19 employee, another employee, or employee representative notified the 20 employer of the inconsistent working conditions and the employer failed 21 to cure the conditions or the employer had or should have had reason to 22 know about the inconsistent working conditions and maintained the incon- 23 sistent working conditions. 24 9. Nothing in this section shall be deemed to diminish the rights, 25 privileges, or remedies of any employee under any collective bargaining 26 agreement. The provisions of this section may be waived by a collective 27 bargaining agreement, provided that for such waiver to be valid, it 28 shall explicitly reference this section. 29 10. (a) If after investigation the commissioner finds that such 30 employer or person has violated any provision of this section, the 31 commissioner may, by an order which shall describe particularly the 32 nature of the violation, assess a civil penalty of not less than fifty 33 dollars per day for failure to adopt an airborne infectious disease 34 exposure prevention plan, or not less than one thousand dollars nor more 35 than ten thousand dollars for failure to abide by an adopted airborne 36 infectious disease exposure prevention plan. Provided, however, that if 37 the commissioner finds that the employer has violated the provisions of 38 this section in the preceding six years, he or she may assess a civil 39 penalty of not less than two hundred dollars per day for failure to 40 adopt an airborne infectious disease exposure prevention plan, or not 41 less than one thousand dollars nor more than twenty thousand dollars for 42 failure to abide by an adopted airborne infectious disease exposure 43 prevention plan. The commissioner may also order other appropriate 44 relief including enjoining the conduct of any person or employer in 45 addition to any other remedies permitted by this section. 46 (b) Any employee may bring a civil action seeking injunctive relief in 47 a court of competent jurisdiction against an employer alleged to have 48 violated the airborne infectious disease exposure prevention plan in a 49 manner that creates a substantial probability that death or serious 50 physical harm could result to the employee from a condition which 51 exists, or from one or more practices, means, methods, operations or 52 processes which have been adopted or are in use, by the employer at the 53 work site, unless the employer did not and could not, with the exercise 54 of reasonable diligence, know of the presence of the violation. The 55 court shall have jurisdiction to restrain such violations and to order 56 all appropriate relief, including enjoining the conduct of the employer;S. 6768 6 1 and awarding costs and reasonable attorneys' fees to the employee[; and2ordering payment of liquidated damages of no greater than twenty thou-3sand dollars, unless the employer proves a good faith basis to believe4that the established health and safety measures were in compliance with5the applicable airborne infectious disease standard]. Where an action 6 brought by an employee under [the provisions of this section, or a7defense, counterclaim, or crossclaim brought by an employer in response8thereto, is found upon judgment to be completely without merit in law9and undertaken primarily to harass or maliciously injure another, the10court may in its discretion impose sanctions against the attorney or11party who brought such action, defense, counterclaim or crossclaim.] 12 this subdivision is found, at any time during the proceedings or upon 13 judgment, to be frivolous by the court, the court may award to the 14 employer costs and reasonable attorneys' fees. The costs and fees 15 awarded may be assessed either against the employee or against the 16 attorney for the employee, or against both, as may be determined by the 17 court, based upon the circumstances of the case. Before bringing a 18 civil action pursuant to this subdivision, an employee must give the 19 employer notice of the alleged violation. An employee may not bring a 20 civil action until thirty days after giving the employer notice of the 21 alleged violation, except where an employee alleges with particularity 22 that the employer has demonstrated an unwillingness to cure a violation 23 in bad faith, and may not bring a civil action if the employer corrects 24 the alleged violation. An employee must bring a civil action pursuant to 25 this subdivision within six months from the date the employee had know- 26 ledge of the violation alleged in such civil action. 27 11. The provisions and remedies of paragraph (b) of subdivision one 28 and paragraphs (a) and (b) of subdivision two of section two hundred 29 fifteen of this article shall be applicable to subdivision eight of this 30 section. Where an action brought by an employee under [the provisions31of this section, or a defense, counterclaim, or crossclaim brought by an32employer in response thereto, is found upon judgment to be completely33without merit in law and undertaken primarily to harass or maliciously34injure another, the court may in its discretion impose sanctions against35the attorney or party who brought such action, defense, counterclaim or36crossclaim.] this subdivision is found, at any time during the 37 proceedings or upon judgment, to be frivolous by the court, the court 38 may award to the employer costs and reasonable attorneys' fees. The 39 costs and fees awarded may be assessed either against the employee or 40 against the attorney for the employee, or against both, as may be deter- 41 mined by the court, based upon the circumstances of the case. 42 12. Where a violation of this section is alleged to have occurred, the 43 commissioner or attorney general may apply in the name of the people of 44 the state of New York for an order enjoining or restraining the commis- 45 sion or continuance of the alleged unlawful acts. The commissioner, in 46 consultation with the commissioner of health, shall promulgate rules and 47 regulations necessary to ensure compliance with this chapter. 48 13. The commissioner, in consultation with the commissioner of health, 49 shall adopt and amend rules and regulations to effectuate the provisions 50 and purposes of this section. 51 § 2. Section 27-d of the labor law, as added by a chapter of the laws 52 of 2021 amending the labor law relating to preventing occupational 53 exposure to an airborne infectious disease as proposed in legislative 54 bills numbers S.1034-B and A. 2681-B, is amended to read as follows: 55 § 27-d. Workplace safety committees. 1. For the purposes of this 56 section, the following terms shall have the following meanings:S. 6768 7 1 (a) "Employer" shall mean any person, entity, business, corporation, 2 partnership, limited liability company, or an association employing at 3 least ten employees. The term shall not include the state, any political 4 subdivision of the state, a public authority, or any other governmental 5 agency or instrumentality. 6 (b) "Employee" shall include all employees in the state, except for 7 employees of the state, any political subdivision of the state, a public 8 authority, or any other governmental agency or instrumentality. 9 2. Employers shall permit employees to establish and administer a 10 joint labor-management workplace safety committee, but not more than one 11 committee per worksite, provided however that an employer that already 12 has a workplace safety committee that is otherwise consistent with the 13 requirements of this section, shall be exempted from creating an addi- 14 tional safety committee under this section. Each workplace safety 15 committee shall be composed of employee and employer designees, provided 16 at least two-thirds are non-supervisory employees. Employee members of 17 the committee shall be selected by, and from among, non-supervisory 18 employees. Committees shall be co-chaired by a representative of the 19 employer and non-supervisory employees. Where there is a collective 20 bargaining agreement in place, the collective bargaining representative 21 shall be responsible for the selection of employees to serve as members 22 of the committee. Committees representing geographically distinct work- 23 sites may also be formed as necessary. 24 3. No employer shall interfere with the selection of employees who 25 shall serve on such committee or who serve as the workplace safety 26 designee or with such employees' performance of the duties authorized 27 under this section. 28 4. Each workplace safety committee and workplace safety designee shall 29 be authorized to perform the following tasks, including but not limited 30 to: 31 (a) Raise health and safety concerns, hazards, complaints and 32 violations to the employer to which the employer must respond. 33 (b) Review any policy put in place in the workplace required by any 34 provision of this chapter [or any provision of the workers' compensation35law] relating to occupational safety and health and provide feedback to 36 such policy in a manner consistent with any provision of law. 37 (c) Review the adoption of any policy in the workplace in response to 38 any health or safety law, ordinance, rule, regulation, executive order, 39 or other related directive. 40 (d) Participate in any site visit by any governmental entity responsi- 41 ble for enforcing safety and health standards [in a manner consistent42with any provision of law] unless otherwise prohibited by law. 43 (e) Review any report filed by the employer related to the health and 44 safety of the workplace in a manner consistent with any provision of 45 law. 46 (f) Regularly schedule a meeting during work hours at least once a 47 quarter that shall last no longer than two hours. 48 5. Employers shall permit safety committee designees to attend a 49 training of no longer than four hours, without suffering a loss of pay, 50 on the function of worker safety committees, rights established under 51 this section, and an introduction to occupational safety and health. 52 6. Any employee who participates in the activities or establishment of 53 a workplace safety committee shall not be subject to retaliation for any 54 actions taken pursuant to their participation. Violations of this subdi- 55 vision shall be deemed to be a violation of paragraph (a) of subdivision 56 one of section two hundred fifteen of this chapter and the civil penal-S. 6768 8 1 ties and remedies of paragraph (b) of subdivision one and paragraphs (a) 2 and (b) of subdivision two of section two hundred fifteen of this chap- 3 ter shall be applicable to this subdivision. 4 7. Nothing in this section shall be deemed to diminish the rights, 5 privileges, or remedies of any employee under any collective bargaining 6 agreement. The provisions of this section may be waived by a collective 7 bargaining agreement, provided that for such waiver to be valid, it 8 shall explicitly reference this section. 9 8. The [department] commissioner shall adopt and amend rules and regu- 10 lations to effectuate the provisions and purposes of this section. 11 § 3. Section 4 of a chapter of the laws of 2021 amending the labor 12 law relating to preventing occupational exposure to an airborne infec- 13 tious disease as proposed in legislative bills numbers S.1034-B and A. 14 2681-B, is amended to read as follows: 15 § 4. This act shall take effect on the [thirtieth] sixtieth day after 16 it shall have become a law; provided, however, that section two of this 17 act shall take effect on the one hundred eightieth day after it shall 18 have become a law. Effective immediately, the addition, amendment and/or 19 repeal of any rule or regulation necessary for the implementation of 20 this act on its effective date are authorized to be made and completed 21 on or before such effective date. 22 § 4. This act shall take effect immediately; provided that sections 23 one and two of this act shall take effect on the same date and in the 24 same manner as a chapter of the laws of 2021 amending the labor law 25 relating to preventing occupational exposure to an airborne infectious 26 disease, as proposed in legislative bills numbers S.1034-B and A. 27 2681-B, takes effect.
S06768 LFIN:
  | NO LFIN |