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Assembly Bill A5028

2013-2014 Legislative Session

Makes provisions for farm worker protections from pesticides

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Archive: Last Bill Status - In Assembly Committee

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2013-A5028 (ACTIVE) - Details

See Senate Version of this Bill:
S5031
Current Committee:
Assembly Ways And Means
Law Section:
Public Health Law
Laws Affected:
Add ยง1331, Pub Health L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1586
2011-2012: A4050
2015-2016: A820, S3564
2017-2018: A6122
2019-2020: A4588

2013-A5028 (ACTIVE) - Summary

Establishes standards for farm worker protection at any agricultural site where pesticides have been or will be applied; requires mandatory testing for pesticides; requires personal protective equipment to be provided to workers; provides education to workers and their families about the hazards of pesticides

2013-A5028 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5028

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 14, 2013
                               ___________

Introduced  by M. of A. ENGLEBRIGHT, ORTIZ, GOTTFRIED, SCHIMEL -- Multi-
  Sponsored by -- M. of A. COLTON, COOK, PERRY -- read once and referred
  to the Committee on Health

AN ACT to amend the public  health  law,  in  relation  to  farm  worker
  protection

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The public health law is amended by adding  a  new  section
1331 to read as follows:
  S 1331. FARM WORKER PROTECTION. 1. THE FOLLOWING REQUIREMENTS SHALL BE
MET  AT  ANY  AGRICULTURAL  SITE  TO  WHICH  PESTICIDES  HAVE OR WILL BE
APPLIED. FARM OWNERS OR OPERATORS SHALL:
  A. CONDUCT OR CAUSE TO HAVE CONDUCTED MANDATORY TESTING FOR THE  PRES-
ENCE  OF  ORGANOPHOSPHATE  PESTICIDES  FOR  ALL  HANDLERS OF PESTICIDES,
INCLUDING APPLICATORS AND MIXERS OF PESTICIDES. THIS  TESTING  SHALL  BE
CONDUCTED WITHIN ONE WEEK OF THE ARRIVAL OF SUCH WORKERS AT THE AGRICUL-
TURAL SITE AND WITHIN ONE WEEK OF THE DEPARTURE OF SUCH WORKERS FROM THE
SITE;
  B.  PROVIDE PERSONAL PROTECTION EQUIPMENT WHICH HAS BEEN FIT-TESTED TO
ALL INDIVIDUALS WHO ARE REQUIRED OR MAY BE REQUIRED TO WEAR SUCH  EQUIP-
MENT  IN THE COURSE OF THEIR WORK, AND WHICH IS READILY AVAILABLE TO ANY
WORKER NEEDING TO WEAR OR USE SUCH EQUIPMENT;
  C. PROVIDE EDUCATION AND INFORMATION TO FARM WORKERS AND  THEIR  FAMI-
LIES  ABOUT  THE  HAZARDS  OF  EXPOSURE TO PESTICIDES, HOW TO AVOID SUCH
EXPOSURES TO CHILDREN, PERSONAL CLOTHING AND POSSESSIONS, AND WHAT TO DO
IF PESTICIDE EXPOSURE OR CONTAMINATION OCCURS;
  D. REPORT TO THE DEPARTMENT EVERY INCIDENT OF  PESTICIDE  EXPOSURE  TO
FARMWORKERS  OR  THEIR FAMILIES, WHETHER BY DIRECT EXPOSURE TO PESTICIDE
APPLICATIONS OR FROM DRIFT OF PESTICIDES FROM THE APPLICATION SITE. SUCH
REPORTING SHALL OCCUR WITHIN TWENTY-FOUR HOURS OF SUCH  PESTICIDE  EXPO-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08836-01-3

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