S T A T E O F N E W Y O R K
________________________________________________________________________
10573
I N A S S E M B L Y
May 7, 2018
___________
Introduced by M. of A. TITUS, JOYNER, ORTIZ, JAFFEE, M. G. MILLER,
ROZIC, BLAKE, SIMON, JEAN-PIERRE, CAHILL, SEAWRIGHT, RIVERA, GOTT-
FRIED, DICKENS, L. ROSENTHAL, LAVINE, COOK, NIOU, MOSLEY, ARROYO --
Multi-Sponsored by -- M. of A. ABBATE -- read once and referred to the
Committee on Labor
AN ACT to amend the workers' compensation law, in relation to providing
language access services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The workers' compensation law is amended by adding a new
section 17-a to read as follows:
§ 17-A. LIMITED ENGLISH PROFICIENCY. 1. THE BOARD SHALL PROVIDE TRANS-
LATION OF ALL DOCUMENTS AND FORMS USED BY OR ISSUED TO INJURED EMPLOY-
EES. THE TRANSLATION SHALL BE IN THE SIX MOST COMMON NON-ENGLISH
LANGUAGES SPOKEN BY INDIVIDUALS WITH LIMITED-ENGLISH PROFICIENCY IN THE
STATE OF NEW YORK.
2. THE BOARD SHALL PROVIDE INTERPRETATION SERVICES TO INJURED EMPLOY-
EES WITH RESPECT TO ITS PROVISION OF SERVICES, INFORMATION AND/OR BENE-
FITS.
3. THE BOARD SHALL PUBLISH A LANGUAGE ACCESS PLAN THAT REFLECTS:
(A) THE MEANS BY WHICH IT PROVIDES LANGUAGE ASSISTANCE SERVICES;
(B) THE TITLES OF ALL AVAILABLE TRANSLATED DOCUMENTS AND THE LANGUAGES
INTO WHICH THEY HAVE BEEN TRANSLATED;
(C) THE NUMBER OF PUBLIC CONTACT POSITIONS AT THE BOARD AND THE NUMBER
OF BILINGUAL EMPLOYEES IN PUBLIC CONTACT POSITIONS, INCLUDING THE
LANGUAGES THEY SPEAK;
(D) A TRAINING PLAN FOR BOARD EMPLOYEES WHICH INCLUDES, AT MINIMUM,
ANNUAL TRAINING ON ITS LANGUAGE ACCESS POLICIES AND HOW TO PROVIDE
LANGUAGE ASSISTANCE SERVICES;
(E) A PLAN FOR ANNUAL INTERNAL MONITORING OF THE BOARD'S LANGUAGE
ACCESS PLAN;
(F) A PLAN OF HOW THE BOARD INTENDS TO NOTIFY INJURED EMPLOYEES OF
OFFERED LANGUAGE ASSISTANT SERVICES; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10025-04-8
A. 10573 2
(G) THE APPOINTMENT OF A LANGUAGE ACCESS COORDINATOR AT THE BOARD, WHO
SHALL BE PUBLICLY IDENTIFIED.
4. THE LANGUAGE ACCESS COORDINATOR FOR THE BOARD SHALL MONITOR THE
BOARD'S COMPLIANCE WITH THIS SECTION BY ANNUALLY COLLECTING DATA ON THE
PROVISION OF LANGUAGE ASSISTANCE SERVICES, THE AVAILABILITY OF TRANS-
LATED MATERIALS, WHETHER SIGNAGE IS PROPERLY POSTED, AND ANY OTHER RELE-
VANT MEASURES.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such effective date.