S T A T E O F N E W Y O R K
2011-2012 Regular Sessions
I N S E N A T E
February 25, 2011
Introduced by Sen. ADAMS -- read twice and ordered printed, and when
printed to be committed to the Committee on Labor
AN ACT to amend the labor law and the public health law, in relation to
enacting the "H1N1 in the workplace prevention act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "H1N1 in the workplace prevention act."
S 2. The labor law is amended by adding a new section 202-l to read as
S 202-L. POSTING OF H1N1 INFLUENZA RELATED INFORMATION. 1. FOR THE
PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
(A) "EMPLOYEE" MEANS A PERSON WHO PERFORMS SERVICES FOR HIRE FOR AN
EMPLOYER, FOR AN AVERAGE OF TEN OR MORE HOURS PER WEEK, AND INCLUDES ALL
INDIVIDUALS EMPLOYED AT ANY SITE OWNED OR OPERATED BY AN EMPLOYER BUT
SHALL NOT INCLUDE AN INDEPENDENT CONTRACTOR.
(B) "EMPLOYER" MEANS A PERSON OR ENTITY THAT EMPLOYS TEN OR MORE
EMPLOYEES AT AT LEAST ONE SITE AND INCLUDES AN INDIVIDUAL, CORPORATION,
PARTNERSHIP, ASSOCIATION, NONPROFIT ORGANIZATION, GROUP OF PERSONS,
COUNTY, TOWN, CITY, SCHOOL DISTRICT, PUBLIC AUTHORITY OR OTHER GOVERN-
MENTAL SUBDIVISION OF ANY KIND.
2. EVERY EMPLOYER SHALL POST A SIGN APPROVED BY THE DEPARTMENT OF
HEALTH IN EVERY WORKPLACE AT THE LOCATION OR LOCATIONS WHERE NOTICES TO
EMPLOYEES ARE NORMALLY POSTED, TO INFORM EMPLOYEES OF SAFE WORKPLACE
PRACTICES FOR THE PREVENTION OF THE H1N1 OR OTHER INFLUENZA VIRUS IN
S 3. Subdivision 1 of section 206 of the public health law is amended
by adding a new paragraph (t) to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 3566 2
(T) BY RULE AND REGULATION, ESTABLISH STANDARDS NECESSARY AND APPRO-
PRIATE FOR THE IMPLEMENTATION OF SUBDIVISION TWO OF SECTION TWO HUNDRED
TWO-L OF THE LABOR LAW.
S 4. This act shall take effect immediately.