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A07477 Summary:

BILL NOA07477
 
SAME ASSAME AS S06768
 
SPONSORReyes
 
COSPNSRJacobson
 
MLTSPNSR
 
Amd §§218-b & 27-d, Lab L; amd §4, Chap of 2021 (as proposed in S.1034-B & A.2681-B)
 
Enacts chapter amendments to statutes requiring model standards for prevention of occupational exposure to an airborne infectious disease.
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A07477 Actions:

BILL NOA07477
 
05/10/2021referred to labor
05/24/2021reported referred to codes
06/02/2021reported referred to rules
06/07/2021reported
06/07/2021rules report cal.478
06/07/2021substituted by s6768
 S06768 AMEND= GIANARIS
 05/14/2021REFERRED TO RULES
 05/24/2021ORDERED TO THIRD READING CAL.1305
 05/26/2021PASSED SENATE
 05/26/2021DELIVERED TO ASSEMBLY
 05/26/2021referred to codes
 06/07/2021substituted for a7477
 06/07/2021ordered to third reading rules cal.478
 06/07/2021passed assembly
 06/07/2021returned to senate
 06/11/2021DELIVERED TO GOVERNOR
 06/11/2021SIGNED CHAP.142
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A07477 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7477
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 10, 2021
                                       ___________
 
        Introduced  by M. of A. REYES -- read once and referred to the Committee
          on Labor
 
        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[, but
    12  not 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.
                                                                   LBD06114-12-1

        A. 7477                             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  the
    31  commissioner  of  health  that  presents  a  serious risk of harm to the
    32  public 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,
    37  differentiated 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-
    47  ard]  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-

        A. 7477                             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-
    20  ers] 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 be

        A. 7477                             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-
     8  ard] 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 [upon
    38  the 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-

        A. 7477                             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;

        A. 7477                             6

     1  and  awarding costs and reasonable attorneys' fees to the employee[; and
     2  ordering payment of liquidated damages of no greater than  twenty  thou-
     3  sand  dollars,  unless the employer proves a good faith basis to believe
     4  that  the established health and safety measures were in compliance with
     5  the applicable airborne infectious disease standard].   Where an  action
     6  brought  by  an  employee  under  [the  provisions of this section, or a
     7  defense, counterclaim, or crossclaim brought by an employer in  response
     8  thereto,  is  found  upon judgment to be completely without merit in law
     9  and undertaken primarily to harass or maliciously  injure  another,  the
    10  court  may  in  its  discretion impose sanctions against the attorney or
    11  party 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  provisions
    31  of this section, or a defense, counterclaim, or crossclaim brought by an
    32  employer  in  response  thereto, is found upon judgment to be completely
    33  without merit in law and undertaken primarily to harass  or  maliciously
    34  injure another, the court may in its discretion impose sanctions against
    35  the  attorney or party who brought such action, defense, counterclaim or
    36  crossclaim.]  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:

        A. 7477                             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' compensation
    35  law]  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  consistent
    42  with 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-

        A. 7477                             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.
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