Senate Bill S5356A

                                 BILL NUMBER:  S5356A

 TITLE OF BILL :  An act to amend the workers' compensation law, in
relation to providing language access services

 PURPOSE OR GENERAL IDEA OF BILL :

This bill seeks to order the NYS Workers Compensation Board to provide
interpretation services and translate all documents and forms into the
six most common non-English languages. This bill orders the board to
establish a language access plan in compliance with its provisions and
monitored by a language access coordinator at the board.

 SUMMARY OF PROVISIONS :

Section 1: Requires the board to provide translations of all documents
and forms used by or issued to injured employees in the six most
common non-English languages spoken by individuals with
limited-English proficiency. Section 2: The board shall provide
interpretation services to injured employees with respect to its
provision of services, information and/or benefits. Section 3:
Requires the board to publish a language access plan that describes
the means by which it provides language assistance services; the
titles of all available documents and the languages they've been
translated to; the number of public contact positions at the board,
the bilingual employees in contact positions and the languages they
              

speak; a training plan with, at minimum, yearly training; a plan for
internal monitoring of the language access plan; a plan for how to
inform injured employees of the language assistance; and a language
access coordinator at the board. Section 4: Requires the language
access coordinator position created by section 3 to monitor the
agency's compliance with this order by annually collecting data on the
availability of translated materials, whether signage is properly
posted and other relevant measures.

 DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE) :

 JUSTIFICATION :

New York State is very diverse, with more than two hundred languages
spoken by its residents. Half of all New York City residents speak a
language other than English at home, and 13% of New York State
residents have limited English proficiency (LEP.) The linguistic
diversity of New York State demands that accommodations be made for
those who have language access needs. Many New Yorkers require
translation of key documents and interpretation of various proceedings
when interacting with government agencies and programs. Addressing
language access needs is crucial in the Workers' Compensation context.
LEP workers often work more dangerous, physically demanding,
lower-paying jobs than workers who speak fluent English. For example,
in 2014, 32.3% of people working construction jobs in the United
States were Latino or Hispanic, while Latino and Hispanic individuals
make up only 16.1% of people working in all occupations. That same
year, construction-related jobs were among the most dangerous in the
country. According to OSHA, 903 Latino workers were killed on the job
in 2015. When these workers are injured, they require translation and
interpretation services in order to receive the Workers' Compensation
benefits to which they are entitled. Competent interpretation services
are crucial in Workers' Compensation proceedings. Workers'
Compensation is a complicated area of law, and hearings employ a high
amount of technical legal language and acronyms. WCB proceedings can
be challenging for any lay person to understand, and lack of language
access further complicate claimants' ability to under-stand
proceedings that are essential to their health and livelihood.
Organizations that serve the LEP population, as well as others who
have observed or participated in workers' compensation proceedings,
have observed many areas in which language access can and should be
significantly improved. If enacted, this bill would remedy many
existing deficiencies in communication and information for the LEP
population that presently impede their access to benefits provided by
law.

 PRIOR LEGISLATIVE HISTORY :

This is a new bill.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

Not available.

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall have
become a law.