S T A T E O F N E W Y O R K
________________________________________________________________________
6202
2009-2010 Regular Sessions
I N S E N A T E
October 2, 2009
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Introduced by Sen. ADAMS -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the labor law and the public health law, in relation to
posting information on safe workplace practices for the prevention of
the H1N1 influenza virus or influenza
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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
follows:
S 202-L. POSTING OF H1N1 INFLUENZA RELATED INFORMATION. 1. FOR THE
PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
(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
SUCH WORKPLACE.
S 3. Subdivision 1 of section 206 of the public health law is amended
by adding a new paragraph (t) to read as follows:
(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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14669-07-9