New York State Assembly

 
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A02432 Summary:

A02432 Actions:

A02432 Committee Votes:

Committee:LABOR   Chair:Bronson      
DATE:01/28/2025AYE/NAY:28/0  Action: Favorable refer to committee Codes        
Bronson
Aye
Durso
Aye
Colton
Aye
Brabenec
Aye
Benedetto
Aye
DiPietro
Aye
Hevesi
Aye
Morinello
Aye
Rozic
Aye
DeStefano
Aye
Steck
Aye
Giglio
Aye
Cruz
Aye
Slater
Aye
Reyes
Aye
Norber
Aye
Ramos
Aye
Sempolinski
Aye
Jacobson
Aye
Zinerman
Aye
Taylor
Aye
Tapia
Aye
Lucas
Absent
Alvarez
Aye
Raga
Aye
Rivera
Aye
Bores
Aye
Simone
Aye
Burroughs
Aye

Committee:CODES   Chair:Dinowitz      
DATE:01/28/2025AYE/NAY:20/0  Action: Favorable refer to committee Rules        
Dinowitz
Aye
Morinello
Aye
Cook
Aye
Reilly
Aye
Lavine
Excused
Mikulin
Aye
Weprin
Aye
Tannousis
Aye
Hevesi
Aye
Angelino
Aye
Seawright
Aye
Molitor
Aye
Rosenthal
Excused
Walker
Aye
Vanel
Aye
Cruz
Aye
Epstein
Aye
Bores
Aye
Reyes
Aye
Cunningham
Aye
Romero
Aye
Alvarez
Aye

Committee:RULES   Chair:Heastie      
DATE:01/28/2025AYE/NAY:31/0  Action: Favorable         
Heastie
Aye
Barclay
Aye
Pretlow
Aye
Hawley
Aye
Cook
Aye
Blankenbush
Aye
Glick
Aye
Ra
Aye
Dinowitz
Aye
Brabenec
Aye
Colton
Aye
Palmesano
Aye
Magnarelli
Aye
Reilly
Aye
Paulin
Aye
Smith
Aye
Peoples-Stokes
Aye
Jensen
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Braunstein
Aye
Davila
Aye
Hyndman
Aye
Rozic
Aye
Bronson
Aye
Hevesi
Aye
Hunter
Aye
Taylor
Aye
Cruz
Aye
Vanel
Aye

A02432 Floor Votes:

A02432 Memo:

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



 
BILL NUMBER: A2432
 
SPONSOR: Bronson

 
TITLE OF BILL:
 
An act to amend the labor law, in relation to reducing work related
musculoskeletal disorders; and to amend a chapter of the laws of 2024
amending the labor law relating to establishing the warehouse worker
injury reduction program, as proposed in legislative bills numbers S.
5081-C and A. 8907-A, in relation to the effectiveness thereof
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
The purpose of this bill is to amend Chapter 652 of the Laws of 2024 in
order to effectuate the intent of the law.
 
 
SUMMARY OF PROVISIONS:

Section one:
 
* Changes terms to match those used by federal and other state agencies.
 
* Establishes criteria for those who can evaluate workplaces.
 
Section two:
 
* Makes technical changes that align language with new definitions.
 
* Adds shifts to considerations employers must address with injury
reduction programs.
 
* Removes requirement that the Department of Labor form a task force.
 
* Has competent people perform the initial worksite evaluations.
 
* Adds procedures for employee led committees to challenge worksite
evaluations which will trigger a requirement that another worksite eval-
uation be performed, this time by a qualified ergonomist.
 
* Clarifies language around on-site medical or first aid providers.
 
Section three:
 
* Updates the effective date of Chapter 652 of the Laws of 2024.
 
Section four:
 
*Includes severability clause.
 
Section five sets the effective date.
 
 
JUSTIFICATION:

This legislation addresses the limited number of qualified ergonomists
by expanding who the definition of who can conduct initial worksite
evaluations. Exceptions are made for certain worksites with collective
bargaining agreements and employee-led workplace safety committees.
 
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
 
To be determined.
 
 
EFFECTIVE DATE:
This act shall take effect immediately; provided however, that sections
one and two of this act shall take effect on the same date and in the
same manner as a chapter of the laws of 2024 amending the labor law
relating to establishing the warehouse worker injury reduction program,
as proposed in legislative bills numbers S. 5081-C and A. 8907-A, takes
effect.

A02432 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2432
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 16, 2025
                                       ___________
 
        Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
          tee on Labor
 
        AN ACT to amend the labor law, in  relation  to  reducing  work  related
          musculoskeletal  disorders; and to amend a chapter of the laws of 2024
          amending the labor law relating to establishing the  warehouse  worker
          injury  reduction program, as proposed in legislative bills numbers S.
          5081-C and A. 8907-A, 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.  Subdivisions  8  and 9 of section 780 of the labor law as
     2  added by a chapter of the laws of 2024 amending the labor  law  relating
     3  to  establishing  the  warehouse  worker  injury  reduction  program, as
     4  proposed in legislative bills numbers  S.  5081-C  and  A.  8907-A,  are
     5  amended to read as follows:
     6    8. "[Musculoskeletal injuries and] Work-related musculoskeletal disor-
     7  ders" means [work related] work-related conditions (injuries, illness or
     8  disorders[,]) of the muscles, nerves, tendons, ligaments, joints, carti-
     9  lage of the body's musculoskeletal system including the muscles, nerves,
    10  tendons,  ligaments, joints, cartilage and spinal discs of the upper and
    11  lower limbs,  neck,  shoulders,  and  [lower]  back  [(including  spinal
    12  discs)]  that: (a) [are caused by sudden or sustained physical exertion]
    13  are the result of  an  exposure  in  the  work  environment  during  the
    14  performance  of  work that either causes or contributes significantly to
    15  the resulting condition or makes worse or longer-lasting a  pre-existing
    16  condition;  (b)  are  caused by ergonomic risk factors that include, but
    17  are not limited to, rapid pace, forceful exertions,  extreme  or  static
    18  postures, repetitive motions, direct pressure, contact stress, vibration
    19  or cold temperatures; or [(b)] (c) are not the result of any instantane-
    20  ous non-exertion event, such as slips, trips, or falls.
    21    9.  ["Qualified  ergonomist" means an ergonomist who is able to demon-
    22  strate proficiency in the core, minimum competencies of  ergonomics  and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02852-01-5
        A. 2432                             2

     1  injury prevention, as defined by the commissioner. Until the commission-
     2  er defines such competencies and approves ergonomists in accordance with
     3  such  competencies,  consultants  approved  by the commissioner under 12
     4  NYCRR  59 and 60 with a credential as a certified safety professional or
     5  certified industrial hygienist shall be deemed to qualify as an ergonom-
     6  ist] "Competent person" shall mean  one  capable  of  performing  a  job
     7  hazard  assessment to identify and assess existing and predictable ergo-
     8  nomic risk factors in work activities that are  a  core  element  of  an
     9  employee's  job or a significant part of the workday that are harmful to
    10  employees and reasonably likely to cause or contribute to  musculoskele-
    11  tal  disorders. A competent person shall include ergonomists, industrial
    12  hygienists, certified safety professionals, or other health  and  safety
    13  professionals  who,  by  possession  of  a  recognized advanced academic
    14  degree, certificate, or professional standing or who by extensive  know-
    15  ledge, training, and experience has successfully demonstrated the abili-
    16  ty to manage workplace injury risk.
    17    §  2.  Section 789 of the labor law, as added by a chapter of the laws
    18  of 2024 amending the labor law relating to  establishing  the  warehouse
    19  worker  injury  reduction  program,  as  proposed  in  legislative bills
    20  numbers S.  5081-C and A. 8907-A, is amended to read as follows:
    21    § 789. Injury reduction program. 1. Every  employer  subject  to  this
    22  section  shall  establish  and  implement  an  injury  reduction program
    23  designed to identify and minimize the risks of  work-related  musculosk-
    24  eletal  [injuries  and]  disorders  among workers involved in performing
    25  manual materials handling tasks. The  program  shall  include:  worksite
    26  evaluation;  control of exposures, including ergonomic risk factors such
    27  as pace, which have caused or have the potential to  cause  work-related
    28  musculoskeletal  [injuries  and]  disorders;  employee training; on-site
    29  medical and first aid practices; and employee involvement.
    30    2. The employer shall ensure that each job, process, shift  or  opera-
    31  tion of work activity covered by this section or a representative number
    32  of  such  jobs, processes, shifts or operations of identical work activ-
    33  ities shall be addressed by its injury reduction program.  Unless other-
    34  wise exempted under this act, the employer shall  have  a  written  work
    35  site  evaluation  by  a [qualified ergonomist] competent person for risk
    36  factors which have or are likely to cause  work-related  musculoskeletal
    37  [injuries  and]  disorders. Such risk factors shall include, but are not
    38  limited to, rapid pace, forceful exertions, [repetitive motions,  twist-
    39  ing,  bending, and awkward postures and combinations thereof] extreme or
    40  static postures, repetitive motions, direct  pressure,  contact  stress,
    41  vibration,  or  cold temperatures that had caused or are likely to cause
    42  work-related musculoskeletal [injuries and] disorders.
    43    (a) Any worksite evaluations shall also determine whether any  employ-
    44  ees  exposed to such risk factors are subject to either personnel action
    45  with the potential for adverse action, or adverse action or  termination
    46  themselves, arising in whole or in part from an employer's use of quotas
    47  to determine employee assignments.
    48    (b)  All  such  worksite  evaluations  shall  [obtain recommendations]
    49  incorporate input from workers who regularly perform those jobs,  either
    50  directly  or  through an employee-led workplace safety committee, on the
    51  possible risk factors and any workplace changes  that  can  reduce  such
    52  risk factors.
    53    (c)  Copies  of  such worksite [risk factor] evaluations shall be made
    54  available to workers and their representatives upon request, at no cost,
    55  within one business day of such request.   Workers and  their  represen-
    56  tatives  shall  be  notified  in  writing of the results of the worksite
        A. 2432                             3
 
     1  evaluation. Employers shall maintain accessible copies  of  such  evalu-
     2  ations  at  locations  within  the  warehouse and shall make such copies
     3  readily available to workers.
     4    (d) An initial worksite evaluation shall be conducted.  Worksite eval-
     5  uations  shall be reviewed and updated at least annually. A new analysis
     6  of risk factors shall be conducted in accordance with the provisions  of
     7  subdivision  one  of this section whenever a new job, process, or opera-
     8  tion is introduced which could increase the risk factors for work-relat-
     9  ed musculoskeletal [injuries and] disorders.  Such new analysis shall be
    10  conducted within thirty days of the creation or change of a job, process
    11  or operation.
    12    (e) [The commissioner shall form a task force chaired by a  recognized
    13  academic leader in the field of ergonomics in New York state and includ-
    14  ing,  but  not limited to, representatives from the warehouse workforce,
    15  labor organizations active in the warehousing industry, and employers in
    16  the industry, to  recommend  the  core  competencies  required  for  the
    17  certification of qualified ergonomists, as well as standardized worksite
    18  evaluations and controls.
    19    (f) The commissioner shall adopt a standard and process for certifying
    20  qualified  ergonomists, as well as standardized worksite evaluations and
    21  controls, based on the recommendations of the  task  force]  A  worksite
    22  evaluation  must  be  reviewed  by  a board certified ergonomist when an
    23  employee-led workplace safety committee makes a written request  to  the
    24  employer  based  upon  a  material  concern related to the findings of a
    25  competent person. Where there is no active employee-led workplace safety
    26  committee, a worksite evaluation must be reviewed by a  board  certified
    27  ergonomist when any employee-led committee makes a formal recommendation
    28  based  upon  a  material  concern related to the findings of a competent
    29  person.
    30    3. The employer shall correct in a  timely  manner  any  risk  factors
    31  identified as having caused or being likely to cause work-related muscu-
    32  loskeletal  [injuries  and] disorders. For any corrections which require
    33  more than thirty days to complete, the employer shall revise, as needed,
    34  and provide a schedule for  such  proposed  corrections.  Such  schedule
    35  shall  be  included  in  the  evaluations  provided to workers and their
    36  representatives.
    37    (a) Where the employer demonstrates that it  is  unable  to  eliminate
    38  identified  risk  factors,  the employer shall minimize the exposures to
    39  the extent feasible.
    40    (b) In reducing risk factors, the employer shall consider:
    41    (i) engineering controls  and  redesigning  work  stations  to  change
    42  shelving heights, provide adjustable fixtures or tool redesign; and
    43    (ii)  administrative  controls, such as job rotation which reduces the
    44  exposure to risk factors, reduced work pacing or additional work breaks.
    45    (c) Employers shall maintain records of steps taken  to  eliminate  or
    46  reduce risk factors and shall make copies available to workers and their
    47  representatives upon request.
    48    4.  All  employers  covered  by  this  section  shall  provide  injury
    49  reduction training to all employees involved in performing manual  mate-
    50  rials  handling jobs and tasks at the warehouse during normal work hours
    51  and without suffering a loss of pay. Such training shall be provided  in
    52  a  language  and  vocabulary  that  the  workers understand and shall be
    53  repeated annually. The training shall also be provided to  the  workers'
    54  supervisors.  Such  training  shall be in addition to [the] any training
    55  [required under] received in accordance with section  twenty-seven-d  of
    56  this chapter and shall include:
        A. 2432                             4
 
     1    (a)  The early symptoms of work-related musculoskeletal [injuries and]
     2  disorders and the importance of early detection;
     3    (b)  Musculoskeletal  [injury and] disorder ergonomic risk factors and
     4  exposures at work, including the hazards posed  by  excessive  rates  of
     5  work;
     6    (c)  Methods to reduce risk factors for musculoskeletal [injuries and]
     7  disorders,  including  both  engineering  controls  and   administrative
     8  controls,  such  as limitations on work pace and increased scheduled and
     9  unscheduled breaks;
    10    (d) The employer's program to identify risk factors as required  under
    11  this  section  and  prevent  work-related musculoskeletal [injuries and]
    12  disorders,  including  the  summary  protocols  for  medical   treatment
    13  approved by the employer's medical consultant;
    14    (e) The rights and function of workplace safety committees established
    15  under section twenty-seven-d of this chapter and the rights of employees
    16  to report any risk factors, other hazards, injuries or health and safety
    17  concerns; and
    18    (f)  Training  on  the  unlawful  retaliation of any provision in this
    19  section, including [the] a reference to the employer's policy  requiring
    20  disciplinary actions [required] when supervisors or managers violate the
    21  law  or  policy,  as well as the employer's policy prohibiting any work-
    22  place discrimination.
    23    5. Any on-site [medical office or first  aid  station]  location  that
    24  [sees]  staffs  a  medical  professional  to treat workers in warehouses
    25  covered by this section [with] for symptoms of  work-related  musculosk-
    26  eletal  [injuries  and]  disorders shall be staffed with medical profes-
    27  sionals operating within their legal scope of practice.  Nothing in this
    28  section shall infringe on the rights of workers under the opening  para-
    29  graph  of  subdivision  (a)  of section thirteen of the workers' compen-
    30  sation law to either select an authorized physician to  treat  employees
    31  and  render  medical  care  or  to select the continuance of any medical
    32  treatment or care by an authorized physician selected by  the  employee.
    33  All  examinations  and  treatments  by any medical personnel employed or
    34  selected by the employer under section seven hundred eighty-one of  this
    35  article  shall  be  performed  for  the purposes of the injury reduction
    36  program and shall not interfere with the rights of employees to  receive
    37  any  medical  treatment or any other benefits under the workers' compen-
    38  sation law.
    39    (a) Employers shall ensure that staffing and the practice of any first
    40  aid or medical station meets state  requirements  for  physician  super-
    41  vision  of  nurses, emergency medical technicians or other non-physician
    42  personnel.
    43    (b) In all warehouses with on-site medical or first aid providers  for
    44  the  treatment of work-related musculoskeletal [injuries and] disorders,
    45  the employer shall consult with a medical consultant who is licensed  by
    46  New York state and board certified in occupational medicine.
    47    (i)  The  employer  shall obtain from the medical consultant a written
    48  evaluation of the on-site medical or  first  aid  provider  program  and
    49  protocols  followed in the warehouse for identification and treatment of
    50  work-related musculoskeletal [injuries and] disorders and shall  include
    51  recommendations  to  ensure compliance with accepted medical practice of
    52  the staffing, supervision and documentation of medical treatment  proto-
    53  cols.
    54    (ii)  The  employer shall obtain from the medical consultant a summary
    55  of treatment protocols suitable for worker patients covering all aspects
    56  of the on-site medical and first aid practices, from early detection  of
        A. 2432                             5
 
     1  work-related musculoskeletal [injuries and] disorders through evaluation
     2  by  a  qualified  physician  and physician provision of appropriate work
     3  restrictions in languages understood by the employees.
     4    (iii)  The  employer  shall ensure that the medical consultant reviews
     5  the previous medical consultant evaluation, related materials and proto-
     6  cols on an annual basis, and recommends changes as appropriate.
     7    (iv) The employer shall ensure that all designated medical  and  first
     8  aid  providers have observed, in person, the jobs involving manual mate-
     9  rials handling within the warehouse and all risk factors  identified  in
    10  the evaluation conducted under the medical consultant evaluation.
    11    (c) There shall be no delays in the provision of adequate medical care
    12  to workers who report injuries to the on-site medical services.
    13    (d)  Each  employer  shall  ensure  that  no supervisory or managerial
    14  employee  or  other  person  discriminates  or  retaliates  against  any
    15  current, former, or prospective employee or other person for reporting a
    16  work-related injury or illness, or health and safety concern.
    17    6.  Employers  shall ensure that employees and their designated repre-
    18  sentatives are consulted both before  and  during  the  development  and
    19  implementation  of  all  aspects  of  the  program. Where employees have
    20  established a workplace safety  committee  in  compliance  with  section
    21  twenty-seven-d  of  this  chapter,  the  employer  shall ensure that the
    22  committee is consulted regarding the development and  implementation  of
    23  all  aspects  of the injury reduction program. Any record created by the
    24  employer according to this section shall be provided  to  the  workplace
    25  safety  committee  prior to consultation. All ergonomic safety documents
    26  provided to employees shall be provided in writing in English and in the
    27  language identified by each employee as the  primary  language  of  such
    28  employee.   If, prior to the effective date of this section, an employer
    29  has formed workplace safety committees in the State of New York  through
    30  collective  bargaining  that is currently active, and continuously main-
    31  tains such safety committees in conjunction with  an  injury  prevention
    32  program  that  fully  complies  with the federal Occupational Safety and
    33  Health Act, then such employer may instead allow an  employee-led  work-
    34  place  safety  committee  to  review or conduct any worksite evaluations
    35  performed by a competent person. Such injury prevention program must  be
    36  reviewed by a board certified ergonomist where an employee-led workplace
    37  safety  committee  makes  a written request to the employer based upon a
    38  material concern related to the findings of a  competent  person.  Where
    39  there  is  no active employee-led workplace safety committee, a worksite
    40  evaluation must be reviewed by a board  certified  ergonomist  when  any
    41  employee-led  committee  makes  a  written request to the employer based
    42  upon a material concern related to the findings of a  competent  person.
    43  Such  review  must  be  commenced  within thirty days of receipt of such
    44  written request.  Copies of revised or new worksite evaluations shall be
    45  made available to workers and their representatives, at  no  cost,  upon
    46  request upon completion of such worksite evaluation.
    47    § 3. Section 7 of a chapter of the laws of 2024 amending the labor law
    48  relating  to establishing the warehouse worker injury reduction program,
    49  as proposed in legislative bills numbers S. 5081-C  and  A.  8907-A,  is
    50  amended to read as follows:
    51    §  7.  This  act shall take effect on June 1, 2025[; provided, however
    52  that paragraph (d) of subdivision 2 of section 789 of the labor  law  as
    53  added  by  section five of this act shall take effect on the one hundred
    54  eightieth day after it shall have become a law; provided further, howev-
    55  er, that paragraph (e) of subdivision 2 of section 789 of the labor  law
    56  as  added  by section five of this act shall take effect on the sixtieth
        A. 2432                             6

     1  day after it shall have become a law;  and  provided  further,  however,
     2  that  paragraph (f) of subdivision 2 and subdivisions 4 and 5 of section
     3  789 of the labor law as added by section five of  this  act  shall  take
     4  effect on the sixtieth day after it shall have become a law].
     5    § 4. Severability. If any provision of this act, or any application of
     6  any  provision of this act, is held to be invalid, that shall not affect
     7  the validity or effectiveness of any other provision of this act, or  of
     8  any  other  application of any provision of this act, which can be given
     9  effect without that provision or  application;  and  to  that  end,  the
    10  provisions and applications of this act are severable.
    11    §  5.  This  act shall take effect immediately; provided however, that
    12  sections one and two of this act shall take effect on the same date  and
    13  in  the  same manner as a chapter of the laws of 2024 amending the labor
    14  law relating to  establishing  the  warehouse  worker  injury  reduction
    15  program,  as  proposed  in  legislative  bills  numbers S. 5081-C and A.
    16  8907-A, takes effect.

A02432 LFIN:

 
NO LFIN

A02432 Chamber Video/Transcript: